Social Monitoring Report Semestral Report February 2012 VIE: Song Bung 4 Hydropower Project Prepared by Song Bung 4 Hydropower Project Management Board (SB4HPMB) for the Asian Development Bank.
SONG BUNG 4 HYDROPOWER PROJECT INDEPENDENT MONITORING REPORT No. 6 RESETTLEMENT AND ETHINIC MINORITY DEVELOPMENT PLAN Prepared by: VICA Consultants International Ltd. February 2012
TABLE OF CONTENTS ACRONYMS... III I. EXECUTIVE SUMMARY... 1 I.1. Project s General Introduction... 1 I.2. Implementation Arrangement of the Monitoring No.6... 2 II. METHODOLOGIES... 2 II.1. Scope of Monitoring and Objectives... 2 II.2. Monitoring Methods... 2 II.2.1. Desk study... 2 II.2.2. Field work... 3 III. SUMMARY ON COMPENSATION, RESETTLEMENT AND LIVEHOOD RESTORATION PROGRESS... 4 IV. RESULTS IN MONITORING REMDP IMPLEMENTATION... 5 IV.1. Information Disclosure, Consultations and Community Participation... 5 IV.2. Detailed Measurement Survey (DMS) and Compensation Option Preparation... 6 IV.3. Unit Price and Compensation Pricing... 9 IV.4. Compensation and Assistance Payment... 10 IV.5. Site Clearance... 13 IV.6. Resettlement Sites Construction... 15 IV.7. Income Restoration and Livelihood Development for APs... 18 IV.7.1. Changes in social awareness, production capacity and capital utilization of AHs... 18 IV.7.2. Changes in effectiveness of livelihood improvement and restoration for AHs.... 19 IV.8. Gender, Ethnic Minorities and Healthcare Considerations... 20 IV.8.1. Gender issues... 20 IV.8.2. Ethnic minority considerations... 21 IV.8.3. Healthcare considerations... 21 IV.9. Complaints and Grievance Redressal... 22 IV.10. Coordination among Stakeholders... 22 IV.11. SB4HPMB s Internal Monitoring... 22 V. CONCLUSIONS AND RECOMMENDATIONS... 23 V.1. Conclusions... 23 V.1.1. Resettlement and compensation... 23 V.1.2. Livelihood restoration, gender, ethnic minority development, healthcare service... 23 V.2. Recommendations... 24 V.2.1. Compensation and Resettlement... 24 VICA Consultants Ltd., Page i
V.2.2. Gender, ethnic minorities, and healthcare considerations... 25 VI. ANNEXES... 27 Annex 1: List of Interviewed Staff and AHs Annex 2: Templates of DMS for AHs in PaDhi and Pa Rum B, Zuoih commune Annex 3: Summary on Compensation and Assistance in PaDhi hamlet, Zuoih commune Annex 4: Acknowledgement Receipts of Compensation and Assistance Payment for AHs Annex 5: Some Fieldwork Photos LIST OF TABLES Table 1: Duration of DMS on affected assets of AHs being resettled and other project components... 7 Table 2: Total amount of compensation payment and assistance to affected hamlets in the project reservoir... 10 Table 3: Summary of assistances under SB4HP for resettled AHs... 11 Table 4: Site clearance progress under SB4HP... 14 Table 5: Revised resettlement sites construction plan agreed among project stakeholders. 16 LIST OF PHOTOS Photo 1: Proceeding of detailed asset inventory for AHs in Pa Rum B hamlet, Administrative Quarter in Zuoih commune... 8 Photo 2: Some photos on compensation and assistance payment for AHs in Ta Poo commune.... 11 Photo 3: Access roads to Pa Pang, Pa Rum A and Pa Rum B resettlement sites... 14 Photo 4: Some photos on Pa Pang RS of Hamlet No.2, Ta Poo commune, Nam Giang, Quang Nam... 16 LIST OF BOXES Box 1: Comments of AHs in Hamlet 2 and Pa Pang on Project information Disclosure... 5 Box 2: Procedure of publication of compensation options under Song Bung 4 Hydropower Project... 8 Box 3: Comments of RHs in reservoir area in Vinh hamlet... 13 VICA Consultants Ltd., Page ii
ACRONYMS ADB Asian Development Bank AHs/APs Affected Households/Persons DMS Detailed Measurement Survey DONRE Department of Natural Resources and Environment DPC District People s Committee EVN Electricity of Vietnam FSL Full Supply Level GOV Government of Vietnam M&E Monitoring and Evaluation PMU Project Management Unit PPC Provincial People s Committee PPTA Project Preparation Technical Assistance PRA Participatory Rapid Assessment REMDP Resettlement and Ethnic Minorities Development Plan RHs Resettled Households RMIU Resettlement Management and Implementation Unit RS Resettlement Site SB4 Song Bung 4 SB4HPMB Song Bung 4 Hydropower Project Management Board SB4HP Song Bung 4 Hydropower Project TA Technical Assistance TOR Terms of Reference USD United State Dollar VND/BVND Vietnam Dong/Billion Vietnam Dong VICA Consultants Ltd., Page iii
I. EXECUTIVE SUMMARY I.1. Project s General Introduction 1. Song Bung 4 Hydropower Project (SB4HP) is to be built on Bung River, a tributary of Vu Gia River, some 3km upstream of the confluence with A Vuong River and Bung River. The project is carried out in Zuoih, Ta Poo and Ta Bhing communes of Nam Giang District, Quang Nam Province in Central Vietnam. Song Bung 4 Dam, located on an effluent of Bung River, lies on the boundary of Zuoih and Ta Bhing communes (currently known as Ta Poo commune) of Nam Giang District. The reservoir influences on Zuoih and Ta Poo communes. The project has been commenced since 25 th June 2010. 2. The Project works include a dam of 110m high with the length of the dam at the top of 367m, an underground water conveyance system and a Song Bung 4 dam power station. Song Bung 4 Project, located on Bung River some 3km upstream of the confluence with A Vuong River, will create a reservoir with an area of some 15.8 km 2 at the Full Supply Level (FSL) of +222.5 m and an area reduction of 7.8 km 2 with minimum/ dead water level of +205 m. 3. Water from Song Bung 4 Reservoir will be diverted, via a headrace tunnel and an underground penstock to a power station located on Bung River some 5km downstream of the dam. The difference in elevation between the reservoir and the power station is some 125 m at the FSL. From the power station, the water is conveyed back to Bung River via a short tailrace canal. 4. SB4HP has been approved by ADB for updating REMDP Vol 1; Vol 2 and Vol 3A in 2010 and after reaching an agreement with ADB missions (from 29 th November to 13 th December 2010; from 3 rd March 2011 to 14 th March 2011 and from 13 th December 2011 to 16 th December 2011) the resettlement plan was revised in compliance with new timeline. 5. In accordance with the revised plan on the latest progress, reservoir flood discharge will be approved by ADB once all compensation has been paid to AHs as well as the resettled AHs have been relocated to the Resettlement sites under the approved REMDP. As a result of the adjustment, total investments dramatically increase against initial design. This is mainly because of increased payment for AHs, resulting from the adjustment in compensation/assistance policy and inflation. 6. Under approved REMDP for SB4HP, an amount of some $US 2 millions from Japan Fund for Poverty Reduction (JFPR) is granted for the programs of livelihood rehabilitation and assistance, gender and ethnic minority development as well as healthcare and medical services, and technique assistance undertaken by CHF. The contract was signed at the end of 2008, and will be finished by June 2012. 7. According to adjusted construction plan for Resettlement sites, the latest Project s relocation and resettlement activities will be completed on 31 st December 2012. Based on the agreement between SB4HPMB with Sino contractor and Mott MacDonald Consultants, key milestones in construction progress approved by EVN are as follows: Construction commencement: 3/9/2010; River backfilling: 16/1/2012; Storing water in the reservoir: 1/6/2014; Operation of the Electricity Generation Unit No. 1: 9/2014; Operation of the Electricity Generation Unit No. 2: 10/2014; Construction completion: Quarter IV/2014. VICA Consultants Ltd., Page 1
I.2. Implementation Arrangement of the Monitoring No.6 8. VICA Independent Consultant Team (the Consultants) arrived in the field in December 2011 to implement the sixth monitoring mission. The main purposes of the monitoring mission include: (i) collecting information, confirming the actual results of the implementation of the of SB4HP. (ii) Analyzing and evaluating different aspects of REMDP implementation in terms of resettlement, livelihood development, gender and ethnic minority; (iii) providing crucial recommendations to improve the REMDP implementation. 9. The Consultants (i) met with SB4HPMB to discuss and collect data on the implementation progress of the project components, (ii) worked with and interviewed the staff of SB4HPMB and Nam Giang District Resettlement Management and Implementation Unit (RMIU Nam Giang), Center for Land Fund Development in Nam Giang District to affirm the results of settling complaints and grievances during the compensation process; (iii) discussed the staff in Vinh hamlet and staff of Pa Pang hamlet, staff of hamlet 2 - Ta Poo commune, staff of Pa Rum A hamlet Zuoih commune to affirm the compensation, assistance and income restoration progress for the Affected Households (AHs); (iv) questionnaires and in-depth based interviewed and consulted with AHs of all project components, (v) Group discussion on gender and ethnic minority issues with the AHs. II. METHODOLOGIES II.1. Scope of Monitoring and Objectives 10. The previous REMDP Independent monitoring reports were in full of the objectives, contents and monitoring methods at the request of SB4HPMB. This section summarizes the main objectives and scopes of the monitoring as below: II.2. General objective: To strengthen the efficiency of project activities (progress and quality of activities, compliance level with requirements prescribed in REMDP). Specific objectives: o o o o o Studying the implementation status of REMDP in the three project areas namely the reservoir, the upstream/downstream areas of the reservoir and the land-acquisition area (for construction) of the project. Checking the implementation of DMS/ILO and the accuracy of the data from Pa Rum A, Pa Rum B, PaDhi, Cong Don hamlets and the reservoir area of Vinh hamlet. Independently monitoring the compensation and assistance, and site clearance for all project components which include: i) resettlement site in Hamlet No. 2; ii) Administrative Quarter in Zuoih commune; Monitoring the activities related to livelihood restoration for AHs, issues of gender, ethnic minority and healthcare services. Evaluating results as well as the implementation of internal monitoring activities for conclusions and recommendations on REMDP implementation. Monitoring Methods II.2.1. Desk study 11. The Consultants started with studying and reviewing relevant documents available in office as usual to collect qualitative information and quantitative data to capture the general progress of compensation, assistance and resettlement of the project to date. The documents VICA Consultants Ltd., Page 2
scrutinized by the Consultants include: (i) submitted monitoring reports; (ii) Updated REMDPs (especially Chapter 6, 7, and 8 of updated REMDP Vol 2); (iii) internal monitoring report of SB4HPMB; (iv) MOU of ADB Mission from 13/12/2011 to 16/12/2011. The Consultants, additionally, regularly update new policies of ADB and GoV for ensuring efficiency of monitoring activities. II.2.2. Field work 12. During the field trip, different methods were used and combined to obtain the best monitoring results, including the followings: Document analysis 13. The Consultants reviewed the documents related to safeguard policies, legal documents, internal reports and other documents on the results of compensation, assistance and resettlement activities to diversify information sources, which could be enable to collect and analyze relevant matters during REMDP implementation. The Consultants had conducted random checks on records and documents relating to the implementation of compensation, assistance and resettlement of SB4HPMB, RMIU and reports of JFPR s consultant (CHF). In-depth interview 14. The Consultants carried out in-depth interviews with project affected persons (APs), project staff and those responsible for REMDP implementation by a prepared list of questions. This will provide more information in addition to the ones collected from questionnaires and document analysis. During this monitoring mission, in-depth interviews were conducted with the following: SB4HPMB s staff: 4 persons CHF s staff: 3 persons RMIU s staff: 3 persons Staff of Ta Poo hamlet: 3 persons Staff of Pa Pang hamlet: 2 persons Staff of hamlet No. 2: 4 persons AHs in hamlet No. 2 and Pa Rum B: 15 persons Questionnaire Interview 15. During the monitoring process, this method is used as a main tool to assess the resettlement implementation. The Consultants had distributed questionnaires to 55 AHs during this monitoring. Group discussion 16. The group discussions were conducted with hamlet officials and representatives of the AHs at hamlet No. 2, and Pa Pang (Ta Poo commune) to collect information on the advantages, difficulties and solutions during the project implementation and re-evaluate project framework as well as policy framework. This method, moreover, was carried out with a focus on evaluating other issues related to benefits/entitlements of APs, community participation, efficiency of construction investment, and capacity of project staff. The Consultants carried out 2 groups discussions, most of which were conducted at local community houses, and the hamlet head s house). There were 6-8 participants in each discussion. Observation 17. During the field trip, the Consultants visited and interviewed some AHs to observe their living conditions and facilities. The Consultants, also, interviewed APs how they used their VICA Consultants Ltd., Page 3
compensation as well as assistance measurements for AHs livelihood rehabilitation after the project implementation. III. SUMMARY ON COMPENSATION, RESETTLEMENT AND LIVEHOOD RESTORATION PROGRESS 18. Implementation progress of the main project components was basically in line with the schedule approved by EVN under the Decision No. 1579/QD-EVN dated 14/11/2008. The items of the main works were commenced on 25 th June 2010. 19. By the monitoring time, compensation payment has been made and completed under 12 items of the main works. The remained key item (reservoir) has been implemented as follows: (i) compensation and assistance payment were made for AHs in Hamlet No. 2, and 04 AHs in Vinh Hamlet, Ta Poo commune; (ii) approval decision on compensation and assistance payment options for AHs in PaDhi, Zouih commune was issued; (iii) approval decision on compensation options for works in administrative quarter of Zuoih commune was issued; (iv) compensation and assistance options for AHs in Pa RumA, Pa RumB, Zuoih commune was submitted. Compensation payment was completed for 25 AHs in Pa Pang resettlement site (RS). CHF is currently providing technical assistance for livelihood restoration and development for AHs under a contract signed with ADB. 20. Construction site survey and design for project RSs are lagging 8 months behind the revised construction plan due to limited experiences of local consultants which caused difficulties for updating REMDP. By the monitoring time, resettlement site construction plan had been adjusted per request of ADB s Mission during their field trip from 13/12/2011 to 16/12/2011. 21. The construction of access roads to Pa RumA and Pa RumB RS (in combination with the temporary road for SB2HP construction) had been completed and put into use since Second Quarter of 2011. Song Bung Bridge was put into use, which facilitated transportation among hamlets and Pa RumA and Pa RumB RS. Currently, the access road to Pa Pang RS has been technically opened for traffic in June 2011. Construction contractors and local people can access Pa Pang RS through the bridge and the road (at the connecting section with National Highway 14D). By the monitoring time, the construction of drainage culverts on route, diaphragm wall and foundation excavation for slab bridge construction were completed and it is expected to finish the construction of the whole road to PaDhi RS by the end of July of 2012. 22. At Resettlement sites such as Pa Pang, Pa Pum A, Pa Rum B, and PaDhi, the landmarking activity in field had been completed with the participation of PMU staff, JFPR consultants (CHF) and local people. In Pa Pang RS, road serving production, house foundation, drinking water reservoir and water pipe installation for AHs have been conducted. Construction of internal roads in the hamlet had been completed. By the monitoring time, land allocation for resettled HHs in Hamlet No. 2 had been completed and most of AHs are building houses on their allocated land plots in Pa Pang RS (48 out of 53 houses were completed). 22kV medium voltage transmission line was completed and expected to supply electricity before 20 th January 2012. 23. Some project activities (construction of RSs, access roads to RSs) had been lagging behind the schedule (for about 8 months) due to some subjective reasons/causes (such as the cooperation among local authorities to reach agreements on procedures, delays in granting license and making decisions, and delays in contractor s construction) as well as objective reasons/causes (natural disasters, floods, changes in compensation and assistance policies), which were out of PMU s control. 24. Co Tu APs were assisted in accordance with the Project Policy Framework (PPF) and GoV s policies on ethnic minorities. The compensation and assistance amount had been paid in VICA Consultants Ltd., Page 4
full to them (with the presence of both husband and wife) after they signed (or finger printed) on the List of Acknowledgement Receipts. 25. SB4HP was funded with USD 2 million from JFPR Fund of Japan to restore livelihood for AHs. CHF is a technical assistance organization recruited to conduct technical assistance, livelihood restoration measures for AHs, especially those under project s resettlement plan. Generally, livelihood restoration activities under the Project has been conducted by CHF in the whole project. However, despite some achievement, there are some certain outstanding issues mentioned in section IV.7. 26. In general, compensation and resettlement progress was behind the approved schedule due to various reasons (updating data on AHs under REMDP took times; compensation option approval also took a lot of time; land measurement and cadastral activities were faced number of difficulties resulted from the large area; limited capacity of local authorities in land management which led local people encroach forest land for compensation and assistance etc). However, according to the consultant s estimation compensation and assistance payment for AHs was implemented in compliance with approved REMDP s regulations by RMIU and SB4HPMB. During the DMS process, some arisen affected assets (mostly the trees) had caused some claims/grievances from AHs. These queries/complaints have been jointly settled by CPCs, RMIU Nam Giang, and Center for Land Fund Development in Nam Giang District, CHF and SB4HPMB. IV. IV.1. RESULTS IN MONITORING REMDP IMPLEMENTATION Information Disclosure, Consultations and Community Participation 27. The information disclosure is often conducted under a consultation meeting among stakeholders such as project staff, RMIU, CHF s staff, resettlement team in representing AHs and AHs. Most of AHs fully participated in the community consultation meetings to grasp information of the project. 28. Before implementing DMS, compensation payment and site clearance, information about APs benefits, project policies, environmental impacts, implementation arrangement, responsibilities of stakeholders and grievance mechanism, etc. were all made known to AHs by local authorities at all levels (SB4HPMB, RMIU, local staff, CHF ). 29. There are a lot of resettled HHs in Pa Pang and hamlet no. 2, Pa RumA and Pa RumB and PaDhi, information disclosure and consultation, therefore, are paid special attention by stakeholders. Most of consultation meetings were held in community house or village header s house and participated by all AHs. 30. By the monitoring time, it is learned by IMC that most of AHs were aware of project s impacts, their entitlements, responsibilities and the adjusted resettlement plan in order to stabilize their life and restore livelihood. They also said that the Project had positively changed their life. However, many people supposed that their livelihood development in future will meet difficulties as cultivation land area was narrowed and livelihood assistance activities will end upon the project completion, which would create significant impacts on their future life. Box 1: Comments of AHs in Hamlet 2 and Pa Pang on Project information Disclosure Bnuoch Chup, AH in Hamlet 2, Ta Poo commune, Nam Giang, Quang Nam: It is difficult for resettlement households without man like us. We have to hire labor to take woods and build houses. Almost households have moved here except some who stay to take care of the old one. If having money, we will complete houses before thinking of planting rice or earn living from forest. The soil and land in the new hamlet is not as good and large as in the old one. We might have to go into the forest to earn living. At present, although being guided how to develop models, we do not pay much attention as we are busy on building houses. VICA Consultants Ltd., Page 5
A Viet Duoc, AH in Pa Pang, Ta Poo commune, Nam Giang, Quang Nam: In Pa Pang, money was paid a long time ago, products from rice plantation models developed were shared equally to all at several tens of kilos per household. Some of chickens and pigs brought here died. Since land area is limited, we have to reclaim more. At the moment, we still have money to fix house and spend but in future perhaps there s no choice but earn living from forest as before. Source: In-depth interview, IMC, 12/2011 31. Apart from consultation meetings, stakeholders mobilized AHs to participate in training models to understand production procedures on site and hang posters with images at community house for AHs to follow. 32. In each resettled hamlet, the resettlement and supervision groups were established to support community consultation, project information dissemination. There are 9 members in each resettlement group, including (i) the group head (chief of hamlet); (ii) 2 healthcare staff; (iii) 2 facilitators; (iv) 2 veterinary staff; (v) 2 extension staff. Members of supervision group include 15 persons (i) 9 members of hamlet resettlement group; (ii) representatives of hamlet Youth union, Women s Union and Fatherland Front; (iii) representatives of AHs. The establishment of these organizations is to ensure conveying AH s feedbacks to project stakeholders to reach agreements and reduce interest conflicts, which helps the PMU adjust resettlement plans suitable to actual project activities. 33. At the monitoring time, information disclosure, consultation were conducted regularly, depending on each phase under the project via suitable methods with AHs at different locations. Co-operation between stakeholders and AHs helped to smooth consultation and information disclosure as scheduled. General Comments 34. Community consultation had been carried out satisfactorily by SB4HPMB, CHF s staff in collaboration with Nam Giang RMIU, and CPCs. During consultation meetings, AHs were informed about the project s basic information, benefits of AHs, grievance redressal procedure and livelihood restoration by project s staff. 35. AHs were all aware of impacts of the project on their life. There is a fact that BAH only knew the total sum of money but not care about each sum of compensation and assistance item. 36. Resettlement and Community Supervision Groups established in hamlets should have included all AHs. However, due to poor education level of AHs and members of hamlet resettlement group, the effectiveness of group s activities is not as good as expected. Most of representatives of AHs in consultation meetings were not active to grasp information. Therefore, it is necessary to provide capacity building training for this group; otherwise, it can not fully utilize all functions during the project implementation. 37. In general, project information disclosure by monitoring time brought quite good results. However, there were some certain shortcomings originating from large affected area, poor education level etc which caused obstacles to consultation and information disclosure activities. IV.2. Detailed Measurement Survey (DMS) and Compensation Option Preparation 38. DMS was carried out for all AHs under different project components and followed the schedule. 39. By the monitoring time, in the reservoir area, PMU in collaboration with stakeholders have carried out the DMS for AHs in: (i) the reservoir area( Pa Rum A, Pa Rum B, Hamlet No. 2, PaDhi hamlet, 4 AHs in Vinh Hamlet); (ii) access roads to resettlement sites (PaDhi, Pa Rum A, Pa Rum B); (iii) Administrative Quarter in Zuoih commune. Inventory duration was as follows: VICA Consultants Ltd., Page 6
Table 1: Duration of DMS on affected assets of AHs being resettled and other project components Components/Items Starting date Ending date No. of AHs (household) Hamlet No. 2 64 The first time 05/01/2011 14/01/2011 The second time 15/02/2011 20/02/2011 The third time 22/03/2011 29/03/2011 Pa Rum A hamlet 05/04/2011 23/04/2011 44 Pa Dhi hamlet 01/03/2011 13/03/2011 63 Pa Rum B hamlet 21/06/2011 20/07/2011 64 Road to PaDhi 21/10/2011 11/11/2011 63 Road to Pa Rum A and Pa Rum B Administrative Quarter in Zuoih commune Source: PMU, 12/2011. 03/10/2008 28/05/2008 10/05/2011 14/05/2011 18 40. The list of AHs to be resettled was updated under REMDP Vol. 2, which was approved by the ADB. At present, some AHs claimed for additional inventory of property, which was handled with collaboration between PMU and other stakeholders. 41. The DMS was implemented with participation of stakeholders including (i) Provincial consulting unit (Natural Resources and Environment Technique Center - Quang Nam DONRE); (ii) Nam Giang RMIU s members and Center for Land Fund Development in Nam Giang district; (iii) Commune cadastral staff; (iv) representative of the Investor; (v) representative of communal authority; (vi) village resettlement groups; (vii) CHF s representative; and (viii) representatives of AHs. 42. The DMS was carried out under following steps: Step 1. SB4HPMB in coordination with Nam Giang RMIU, Center for Land Fund Development in Nam Giang district distribute the affected asset declaration sheets for households and introduce the way to fill in the sheet by themselves. Step 2. RMIU staff together with SB4HPMB staff, communal and hamlet staff and AHs conducted site inspection and verified actual affected properties of each household and compare them with the declaration sheets. Step 3. When the DMS was over, representative of AHs (normally the household s head) co-signed and certified in the minutes/proceeding. 43. A summary table of DMS s results was then publicized at the hamlet community houses. Any complaints on affected assets (land area, structures, trees, crops and other properties) were checked and verified by members of Compensation Board. The records of additional DMS (if any) will be made after reaching an agreement and the signature of AH s representative. - VICA Consultants Ltd., Page 7
Photo 1: Proceeding of detailed asset inventory for AHs in Pa Rum B hamlet, Administrative Quarter in Zuoih commune Source: PMU, 12/2011. 44. The compensation and assistance options were established on the basis of project policy framework (outlined in REMDP 1 ), which was approved by ADB and under related Decisions of Quang Nam PPC. The losses and damages on trees, structures, and assets would be compensated in cash, equal to the value of the affected assets. The households eligible for resettlement would be compensated land-for-land together with various assistances to restore their living standards. In addition, because AHs were the ethnic minority ones, the compensation and assistance options had been adopted the policies for ethnic minority people in accordance with project policy framework and GoV s regulations. Box 2: Procedure of publication of compensation options under Song Bung 4 Hydropower Project As contents of investment projects and works, the priority order, implementation schedules, compensation and assistance options for site clearance and resettlement related to projects and works in communal-level localities, detailed land use plans and adjusted options and local residential area master plan in commune should be posted publicly at Commune People s Council s and Commune People s Committee s Office within two days from the date the documents were adopted and signed for promulgation, for matters falling under the deciding competence of communal-level administrations, or from the date the documents were received, for matters falling under the deciding competence of superior state bodies. The duration for posting up will be at least thirty consecutive days from the date of post-up. Source: Article 7 in Ordinance on Exercise of Democracy in communes, wards and townships, 2007 45. Quang Nam PPC had stipulated and assigned responsibilities to local departments to appraise the compensation options prepared by RMIU Nam Giang. During the compensation option preparation, SB4HPMB and RMIU Nam Giang had coordinated with CPCs to conduct public consultation on the compensation pricing and calculation of compensation for affected assets of AHs. The compensation options can only be finalized and submitted for approval after obtaining the consent/agreement of local people. 46. In general, DMS and compensation option preparation under SB4HP were conducted following the procedures. By the monitoring time, DMS and compensation option preparation in 1 Chapter 6, REMDP Vol 2, updated. VICA Consultants Ltd., Page 8
most of project works were carried out. Although the DMS and compensation option preparation were done in a transparent manner, DMS in some work items was delayed (due to limited number of staff, coincidence with rainy season in Central Region, large affected area etc). However, most of AHs had their assets/properties inventoried except some AHs complained on affected assets, which then handled by PMU and stakeholders to adjust compensation and assistance option. IV.3. Unit Price and Compensation Pricing 47. Based on DMS s records agreed and signed by AHs, SB4HPMB in collaboration with RMIU Nam Giang conducted the compensation pricing and assistance entitling based on the provisions on compensation, assistance and resettlement issued by Quang Nam PPC. 48. By the monitoring time, the compensation value for AHs in hamlet 2, Pa Rum A, Parum B PaDhi, Administrative Quarter in Zuoih commune, access road to PaDhi was applied based on the unit price of 2011. 49. Compensation option approved by Nam Giang DPC was presented in the detailed summary table on value of compensation, assistance and resettlement for each construction item and affected asset (such as houses, land, trees, crops and assistance for each AH). 50. Legal bases for compensation pricing for AHs in hamlets and other work items include: Decision No. 23/2010/QD-UBND dated 30/09/2010 by Quang Nam PPC on regulating compensation, assistance and resettlement when the State acquires land in Quang Nam in 2011. Decision No. 33/2010/QD-UBND dated 17/12/2010 by Quang Nam PPC on regulating methods to identify prices of all land types within Quang Nam province in 2011. Decision No. 1711/QD-UBND dated 27/12/2010 by Nam Giang DPC on approving prices of agricultural lands in 2011 in Nam Giang District. 51. For resettled AHs, two compensation and assistance options were prepared by PMU and Nam Giang RMIU as follows: (i) One option was to compensate and assist in constructing houses and auxiliary structures; (ii) One option was to compensate and assist in resettlement for other affected assets (land, trees, crops and civil structures). Based on actual resettlement plan, compensation payment would be made by PMU according to approved compensation option in order to timely support AHs during their construction of new houses and living stabilization. 52. Within 3 days after having approval decision of authorized agencies, the detailed compensation option was posted at CPC s office and hamlet community houses. The publicized compensation option included detailed calculation on the value of affected assets, total compensation and assistance for each AH. 53. According to the IMC s records, there were some AHs not satisfied with the compensation unit price for their affected assets. However, after consulting with project stakeholders, these complaints were not reasonable. For example, APs requested compensation for trees/crops planted after the cut-off date; or compensation for protection forest/natural reserve and natural production forest. This caused difficulties and delays in applying compensation unit price and preparing compensation option as well as the overall project implementation. 54. During the interview and field observation, it was learned that together with publicly posting compensation options, PMU s staff in collaboration with local authority also informed AHs details on time, location, method and procedures of compensation and assistance payment. AH s complaints and grievances were satisfactorily addressed by PMU in collaboration with Nam Giang RMIU prior to make compensation payment. In general, compensation unit price application under the Project was complied with the regulations. VICA Consultants Ltd., Page 9
IV.4. Compensation and Assistance Payment 55. SB4HPMB began making compensation and site clearance from May 2009. At the time of monitoring, for the reservoir area, 25 AHs in Pa Pang hamlet, 64 AHs in hamlet 2, 04 AHs in Vinh hamlet of Ta Poo commune (former hamlet 2 of Zuoih commune) and the Administrative Quarter of Zuoih commune had received assistance and compensation payments. For access roads to PaDhi, Pa Rum A and Pa Rum B resettlement sites, the compensation option for AHs was approved. For the other hamlets, namely, Pa Rum A, Pa Rum B, PaDhi, the compensation and assistance option was submitted for appraisal and approval. On the basis of the compensation option approved by Quang Nam PPC, PMU s staff in coordination with Nam Giang RMIU and local governments made compensation payments directly to AHs. 56. As mentioned above, SB4HPMB and Nam Giang RMIU had prepared 2 separate compensation and assistance options for AHs in resettled hamlets as follows: (i) Compensation and assistance option for constructing houses and auxiliary structures; and (ii) Compensation and assistance option for land, trees and crops. As for other RSs of Pa Rum A, Pa Rum B, PaDhi, there would be a common compensation options for houses, property and assistance amounts for AHs. However, the compensation payment was split into several times because of on-going house reconstruction plan and livelihood rehabilitation program. Table 2: Total amount of compensation payment and assistance to affected hamlets in the project reservoir Commune Ta Poo Zuoih Hamlet Hamlet No.2 (new) Total Compensation Payment (VND) 9,334,689,000 102,090,697,000 Pa Pang 12,579,793,167 Vinh hamlet (04 resettled households) Pa Rum A Pa Rum B 6,837,851,300 Uncompleted approval Uncompleted approval PaDhi 54,397,962,481 Access road to PaDhi resettlement site Administrative Quarter, commune Source: PMU, December 2011 Zuoih 4,392,872,941 1,477,611,000 Type of assistance/compensation Assistance for constructing house and auxiliary structure Compensation and other types of assistance Compensation, assistance for constructing house and auxiliary structure and other types of assistance Compensation, assistance for constructing house and auxiliary structure and other types of assistance Compensation, assistance for constructing house and auxiliary structure and other types of assistance Compensation and other types of assistance Compensation and other types of assistance 57. By the time of monitoring, only AHs being resettled in Hamlet No.2 have received compensation payment and assistance. Because AH s relocation and construction have not been completed, SB4HPMB cooperating with Nam Giang RMIU, Agribank of Nam Giang district and VICA Consultants Ltd., Page 10
CHF advised AHs in Hamlet No. 2 to open saving accounts in the Bank after receiving compensation payment. Both husband and wife would be the owners of the saving accounts. Compensation payment has been made for AHs in hamlet 2 three times. Based on the progress of site clearance, construction in RS and actual AH s relocation, compensation payment was made as schedule. Photo 2: Some photos on compensation and assistance payment for AHs in Ta Poo commune. Source: PMU, IMC 12/2011. 58. The assistance payments for resettled AHs in reservoir area were in line with the project policy framework and REMDP. The types of assistance are presented in following table: Table 3: Summary of assistances under SB4HP for resettled AHs No Type of Assistance Beneficiaries Assistance Mode 2 1 Healthcare assistance Households in hamlet no. 2, Pa Rum A, Pa Rum B, PaDhi hamlets 2 Relocation assistance Both male and female in all resettled hamlets 3 Relocation bonus Resettled households 4 Relocation of hamlet community house 5 Assistance for house warming ceremony 6 Assistance for study tours Project hamlet Resettled households Resettled households Constructing/upgrading Healthcare Station and improving healthcare services in affected hamlets Healthcare assistance: VND 30,000 per head of AH All resettled AHs; each AH received an amount of VND 4,000,000 as relocation assistance amount. All HHs resettled themselves are entitled to receive relocation bonus: + Within district: VND 200,000 per HH; + Out of district, within province: VND 400,000 per HH; + Out of province, within Central provinces: VND 800,000 per HH; + Relocate in Northern and Southern provinces: VND 1,000,000 per HH. In cash: VND 5,000,000 per hamlet In cash: VND 1,000,000 per HH In cash: VND 500,000 per HH 2 From EVN/PMU VICA Consultants Ltd., Page 11
No Type of Assistance Beneficiaries Assistance Mode 2 7 Assistance for exhuming and moving the graves 8 Assistance for moving graves 9 Assistance for house construction 10 Assistance for food security during the transitional period (assisting once for HHs losing all affected land) 11 Assistance for medical care during transitional period 12 Assistance for education 13 Assistance for connecting electricity grid 14 Assistance for developing production technique, occupation and business 15 Allowance for vulnerable households Resettled households Resettled households Resettled households Resettled households All resettled households (in any) All resettled households (if any) All resettled households (if any) All resettled households (if any) Poorest HHs, female or elderly headed HHs 16 Wage for workers Resettled households (with/without family book registration in the hamlet) 17 Income restoration Resettled households Source: REMDP Vol 2 and SB4HPMB, 7/2011. In cash: VND 400,000 per HH In cash: VND 350,000 per grave (i) Households having 1-4 persons are assisted with VND 147,288,952 per HH; (ii) Households having 5-7 persons are assisted with VND 161,576,185 per HH. In cash: (i) food: 300,000 VND/month/person within 48 months after moving; (ii) nutrition foods in equivalent of 100,000 VND/person/month in 6 months. An amount of VND 100,000 per household as medical allowance. Households having children attending primary school will be supported with textbooks during 3 years, free of charge. In cash: 15,000 VND/month/person in 3 months In cash: VND 1,000,000 per HH to develop/ improve production technique, occupation and business. In cash: 150,000 VND/person/month in 60 months Each labor (male or female) will receive rice and/or cash as wage for building resettlement sites, building their own houses and infrastructure in the sites and livelihood development. (i) assistance for varieties, pesticide and fertilizer: VND 2000 per m 2, VND 200,000 per 500 m 2 per year x 5 crops; (ii) assistance for extension: VND 500,000 per HH; (iii) assistance for improvement of occupation, services and trade: VND 1,000,000 per HH; (iv) assistance for implementing required procedures, including: VND 300,000 per HH for moving old houses and VND 1,000,000 per HH for ceremony in new houses; (v) assistance for poverty reduction in line with MOLISA: VND 150,000 per head in 60 months; (vi) assistance for business suspension: minimum salary rate x 6 months. VICA Consultants Ltd., Page 12
59. Households out of resettlement scale were paid compensation for affected properties. In addition, they received assistance for job seeking, livelihood settlement; engrave moving, income restoration and incentive for transfer on time. General Comments 60. The Consultants learnt that AHs after receiving compensation and assistance, had deposited in Nam Giang Agribank. At the time of paying compensation, Bank s officials had directly instructed AHs to open saving accounts. The interview results showed that these AHs only kept some 20% of total compensation amount to do shopping and solve the immediate difficulties/problems of the family. The technical staff of CHF had consulted and advised AHs how to use the compensation amount in a proper and effective manner to stabilize and restore their livelihoods 3. Box 3: Comments of RHs in reservoir area in Vinh hamlet Bnuoch A Chop, hamlet 2, Ta Poo, Nam Giang, Quang Nam RHs in hamlet 2 has received compensation payment and assistance twice for their resettled houses in former hamlet. They only spend a small amount of money on buying items and hiring workers for house construction so the remaining money was deposited in the bank. People can periodically draw returns and hold their saving accounts. On 27/12 and 29/12, all RHs in the hamlet will receive the remaining compensation payment and assistance that is will be also deposited in the bank. Po Long Le, hamlet 2, Nam Giang, Quang Nam Staff of SB4HPMB and bank inform us about relevant procedures for drawing money. My wife and I both drew money and signed in two previous times. We are going to spend a small amount of money on paying workers. The remaining is drawn latter. Staff of bank had given us detailed guidance. Source: In-depth interview, IMC 12/2011 61. Through interviewing, the Consultants realized that in the period from being informed about the project until being received compensation and assistance, AHs were provided with following documents by SB4HPMB s staff: (i) Results of the detailed land measurements; (ii) Compensation and assistance for resettlement option/plan; (iii) The attachment on compensation unit price for houses, structures and assets under Decision No. 78/QD-UBND dated 20/1/2011 by Nam Giang DPC; (iv) Minutes of inventory and calculation on compensation; (v) Documents on compensation policies and mechanisms for AHs resided in the reservoir area and Pa Pang RS (Chapter 6 in REMDP-Vol 2); (vi) Receipt of compensation, assistance and resettlement; and (vii) Plan on utilizing compensation and livelihood assistance. 62. In general, compensation and assistance payments for AHs was made as the project schedule. There was no problem during the compensation payment thanks to successful consultation and advanced negotiation with AHs. In addition, some arising problems might make compensation payments lag behind the schedule. In detail, the most notable problem was that some AHs in Pa Pang hamlet were requested to co-use the land. Some AHs did not bring relevant procedures for receiving compensation payments or wanted to receive all compensation payment one time, etc. These may affect approved disbursement progress. IV.5. Site Clearance 63. According to project schedule, site clearance activity would be done once AHs received their compensation. SB4HP s site clearance activity started since May 2009. Upon site clearance, the land was handed over to construction units, which was implemented by stakeholders in compliance with the procedures set forth in REMDP. 3 CHF s consultation minutes were distributed to all AHs in Pa Pang, Hamlet No. 2, Pa Rum A, Pa Rum B and PaDhi hamlets. VICA Consultants Ltd., Page 13
Photo 3: Access roads to Pa Pang, Pa Rum A and Pa Rum B resettlement sites Source: the IMC and PMU, 12/2011 64. At the time of compensation payment and assistance, compensation and assistance statement was signed between asset owners and PMU, including: (i) not encroach the handedover site under any circumstances; (ii) not cause any delay toward construction activities in the handed-over site; (iii) bonus will be entitled upon early-handing over the site. 65. All acquired land items under the Project mentioned in REMDP Vol 3 (110kV Transmission line, camps, rock quarry and operation house ) were cleared and handed over to contractors after completing compensation payments. 66. For AHs in the reservoir area (resettled hamlets, access road to resettlement sites and Administrative Quarter of Zuoih commune), site clearance was implemented as the actual schedule. At the time of monitoring, site clearance in the new reservoir area was only implemented to 04 households of Vinh hamlet, former hamlet 2, Pa Pang hamlet and access road to resettlement area. Site clearance for the remaining resettled hamlets has not implemented due to uncompleted approval of the compensation and assistance option. Table 4: Site clearance progress under SB4HP No. Items Progress 1 Access road to Parum B and Pa Rum A RSs Completed 2 Access road to Pa Pang RS Completed 3 Access road to Padhi RS Completed 4 Pa Pang RS Completed 5 Hamlet No. 2 RS Completed 6 Reservoir in Hamlet No. 2 Completed 7 Administrative Quarter of Zuoih commune Completed 8 PaDhi RS and its reservoir Compensation and assistance option submitted 9 Reservoir in Pa Rum B hamlet Compensation and assistance option submitted 10 Pa Rum A, B RS and Pa Rum A Reservoir Source: SB4HPMB, 12/2011. Compensation and assistance option submitted VICA Consultants Ltd., Page 14
67. Beside advantages of resettlement, there are some difficulties due to lagging behind the approved project schedule: recovery of forest products within the clearance sites could not be completed on schedule due to prolonged duration, and coincide with the rainy season in central region, which delayed the overall progress; inventory and identification of sold status also met some difficulties due to large area; some AHs were confused about inventory of assets that were required to be re-carried out; there are some difficulties in change in land using due to the prolonged duration in terms of approval, review and limited capacity of local staff. 68. In general, there were no problems in implementation of resettlement thanks to the agreement among stakeholders. At the time of monitoring, in all cleared sites, construction works were carried out as scheduled. IV.6. Resettlement Sites Construction 69. Resettlement sites were constructed to relocate 04 hamlets of 02 communes to another sites replacing flooded hamlets of PaDhi, Pa Rum A, Pa Rum B hamlets in Zuoih commune; hamlet 2 of Ta Poo commune 4. Despite the adjustment in administrative border, 04 resettlement sites in communes of Zuoih and Ta Poo in Nam Giang district remain to be constructed under the project. 70. It is expected to construct the Zuoih administrative office in Cong Dong hamlet and 3 RSs in the commune, including: PaDhi RS with 63 households; Parum A RS with 44 households; Parum B RS with 64 households; 71. Pa Pang RS (Ta Poo commune) for 53 resettled HHs from former Hamlet No. 2 is being constructed under the project. 72. In resettlement sites, expected cultivation land area to be allocated to RHs include: (i) 400m 2 of residential land; (ii) 600m 2 of garden land; (iii) agricultural production land: 1.5 ha of terrain land and about 8-10ha of agro-forestry land (forest land allocated for hamlet community). Besides, it was estimated that the rice cultivation land area in project hamlets will be reclaimed with a total of about 24 ha, of which, Pa Pang hamlet has about 12ha, Pa Rum A and Hamlet No. 2 have about 4ha and 7ha respectively. 73. RS construction plan was prepared upon the agreement with AHs and prescribed in the updated REMDP Vol1 and Vol2, which was also the legal basis for PMU s compliance and implementation. 74. The construction progress of resettlement sites can be summarized as follows: PaPang resettlement site for households in hamlet 2: Compensation payment for AHs had been completed since December 2010. The landmark in Pa Pang resettlement site had been completed with participation of AHs, SB4HPMB and JFPR Consultants (CHF). The option of handing-over forest land access rights to AHs in Hamlet No. 2 was approved by Nam Giang DPC in September 2010. At the moment, this option had been approved by ADB s officer and updated into REMDP Vol2. The actual handover is expected to be implemented in 8/2011. By the monitoring time, the contractor had commenced the construction works since April 2011. Currently, base road for production activities, construction of foundation and dam, and backfilling of inter-hamlet road and bridge have been done. Water supply system installation is being implemented. In 4 Decree No. 03/NQ-CP dated 10/01/2011 by the Government on adjustment to communal administrative border, establishment of Nam Giang (commune/district), Quang Nam. VICA Consultants Ltd., Page 15
addition, the contractors have constructed public works, wet-rice reclamation and water supply system for production activities. During July 2011, milpa land was handed over to AHs in Hamlet 2 and Pa Pang. Currently, the house foundations have been handed over to AHs to build houses. Most of them have completed the main structures of the houses and their houses are being completed. ParumA, ParumB and PaDhi resettlement sites: Landmarking had been completed with participation of local people, SB4HPMB's staff, JFPR Consultant (CHF). By the time of monitoring, resettlement site designs had been completed and disclosed to AHs since 2/2011. Procurement of RS construction was carried out in 12/2011. At present, contractor selection is being carried out and the construction activities will start in the first quarter of 2012. Photo 4: Some photos on Pa Pang RS of Hamlet No.2, Ta Poo commune, Nam Giang, Quang Nam Source: IMC, December 2011 75. The option on handing-over forest land access rights to the community in resettlement sites had been approved by Nam Giang DPC since early September 2010, endorsed by ADB s officer and updated into REMDP Vol 2. The landmarking to hand over to local community in RSs was carried out in 8/2011. 76. In the meeting with IMC on 21/12/2011, PMU confirmed that RS construction progress would be in line with the approved progress agreed by PMU and ADB Missions during the missions from 29/11/2010 to 13/12/2010; the mission from 03/03/2011 to 14/03/2011 and the latest mission from 13/12/2011 to 16/12/2011 based on the adjusted plan. The adjusted plan for RS construction progress is presented in the following table: Table 5: Revised resettlement sites construction plan agreed among project stakeholders 1. Pa Pang resettlement site Items - Proceed compensation and assistance for site clearance: residential area construction, public works, and production land for Pa Pang hamlet. Starting date Timeline Completion date 15/12/2010 5 20/12/2010 - Screen bomb/mine in the whole project area. 04/09/2010 10/10/2010 - Bid/Procure and award construction contracts. 15/12/2010 15/03/2011 - Implement construction execution. 20/03/2011 30/05/2012 5 10: Abbreviation for 2010, similar for years VICA Consultants Ltd., Page 16