Resettlement Monitoring Report March 2014 VIE: Northern Power Transmission Expansion Sector Project Prepared by the Local Implementation Consultant (LIC) Social for Viet Nam Electricity (EVN) Northern Power Project Management Board (NPPMB). The Resettlement Monitoring Report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or Staff and may be preliminary in nature.
NORTHERN POWER TRANSMISSION EXPANSION PROJECT ADB LOAN No. 2225-VIE (SF) 8 th REPORT (1 st QUARTERLY, 2014) Submitted to: Northern Power Project Management Board No.1111D, Hong Ha Street, Ha Noi city, Vietnam Prepared by: LOCAL IMPLEMENTATION CONSULTANT (LIC)- RESETTLEMENT Hanoi, March 2014
Northern Power Project Management Board And Asian Development Bank Dear Sir/Madam Subject: VIE 2225- I am pleased to submit to you the 1 st Quarterly Report, 2014 covering through January to March 2014. Yours truly, Nguyen Thi Ngoc Anh Local Implementation Consultant- Resettlement
TABLE OF CONTENT A. OVERVIEW 5 A.1. Project background 5 A.2. Objectives of 1 st, 2014 Quarterly report 5 A3. METHODOLOGY 6 B. IMPLEMENTED ACTIVITIES 6 C. FINDINGS AND EVALUATION OF 1 st QUARTERLY REPORT, 2014 8 D. WORK PLAN FOR PREPARING EVALUATION REPORT 11 E. ANNEX 12 Annex 1: Final Corrective Action Plan under the Due Diligence Review (Son La- Hiep Hoa T/L) 13 Annex 2: Final Corrective Action Plan under the Due Diligence Review (Hiep Hoa substation) 16 Page 3
ACRONYMS ADB AP CPC DMS DCARB EM LIC GoV PPCs RPF ROW RP RS NPPMB VND TNA T/L Asian Development Bank Affected Person Commune People s Committee Detailed Measurement Survey District Compensation and Resettlement Board Ethnic Minorities Local implementation consultant Government of Viet Nam Provincial People s Committees Resettlement Policy Framework Right of Way Resettlement Plan Resettlement site Northern Power Project Management Board Viet Nam Dong Training need assessment Transmission line Page 4
A. OVERVIEW A.1. Project background 1. Project Northern Power Transmission expansion sector represents a 5- year time slice of Electricity of Viet Nam s (EVN) transmission expansion program, covering 500kV and 220kV transmission lines, and associated substations. The project covers the northern part of Viet Nam which is relatively poor. The project will enable power to be supplied to the planned industrial zones in the region, thereby facilitating employment and income generating opportunities. Thus it will benefit the poor and ethnic minorities living in the project area. The project will also create the potential for power interconnection between Vietnam and the People s Republic of China. 2. The Project is to (i) strengthen the northern transmission network to improve system s reliability and quality of supply, (ii) facilitate power transmission by removing transmission bottlenecks, (iii) reduce transmission losses, and (iv) facilitate efficient utilization of existing and planned power plants. 3. Under the loan VIE-2225 framework, there are 12 subprojects namely (i) Son La Hoa Binh Nho Quan 500kVTransmission Line, (ii) 220kV Thanh Hoa Vinh T/L; (iii) Son La - Hiep Hoa 500 kv Transmission Line; (iv) Expansion of 500kV Thuong Tin; (v) Extension 220kV Van Tri Substation; (vi) Hiep Hoa 500 kv substation; (vii) 220kV Bim Son substation; (viii) 220kV Tuyen Quang substation; (ix) Extension 500kV Nho Quan substation 2nd transformer; (x) Kim Dong 220kV s/s; (xi) Thuong Tin-Kim Dong 220kV T/L; and (xii) Hai Duong 2 220 KV s/s A.2. Objectives of 1 st, 2014 Quarterly report 4. This report mentions following issues: Syntheses shortcoming mentioned in 4 th evaluation; quarterly report, solution and The progress rate of compensation and resettlement of subprojects: Findings and evaluation of LIC (updated data at the end of ) To develop the report, the Consultant Team has worked with the NPPMB, VICA, contractors and local authorities in subproject area to update the resettlement Page 5
compliance of the subprojects and conducted spot check site visit and public consultation in Son La- Hiep Hoa T/L; Hiep Hoa substation, Kim Dong substation and 220kv Thuong Tin Kim Dong T/L. A3. METHODOLOGY 5. The employed methodology consisted of the following: Review of project documents: Loan Agreement, Project Documents, Resettlement Plan, Updated resettlement plan, Due Diligence reports, Memorandum of understanding from ADB s missions, ADB s SES 2009, ADB s Guideline on resettlement assessment. Maintain close dialogue with ADB Safeguard Specialists, NPPMP, CPPMP, Vica and LIC social, contractors and local authorities. Site visit: several visits have been paid to spot check the activities of compensation and resettlement compliance in the subprojects ( Hiep Hoa substation, Kim Dong substation and Thuong Tin- Kim Dong substation). B. IMPLEMENTED ACTIVITIES 6. Up to March 2014, LIC consultant has completed the implementation activities as following: B.1. Review the project documents 7. LIC has reviewed the project documents like Loan Agreement, Project Documents, Resettlement Plan, Updated resettlement plan, Due Diligence reports, Memorandum of understanding from ADB s missions, ADB s SES 2009, ADB s Guideline on resettlement assessment. 8. In addition to that, the RP of two core subprojects (Thuong Tin- Kim Dong T/L, Kim Dong substation) and Due Diligence report of 500K V Hiep Hoa have also been reviewed. 9. LIC has continued to review the environmental compliance reports prepared by contractors. The capacity of the contractors has been significantly increased with the support and guidance from LIC. Page 6
10. Provide input on the resettlement safeguard compliance for Quarterly Progress report for NPPMB 11. LIC has been requested by ADB and NPPMB to provide input on the resettlement safeguard compliance for the quarterly progress report in 1 st Quarterly of 2014. This input has just only the summary of the resettlement compliance of whole VIE 2225 Loan in every three month. More detail will be presented in this quarterly report as well as semi-annual reports prepared by LIC. Resettlement compliance monitoring samples for subprojects have been prepared by LIC. B.2. Meeting 12. Maintaining close dialogue with ADB Safeguard Specialists, NPPMP, CPPMP, Vica and LIC social, environment, CMC, contractors and local authorities.is quite important to identify and solve the issue in the timely manner. In addition to that, the email and direct phone exchange are useful and effective tools among LIC with NPPMP, ADB Safeguard Specialists, VICA 13. Particularly, close dialogue and working with contractors especially those are doing civil works was prioritized and implemented frequently. B.3. Site visit 14. During this quarter, the LIC has conducted spot check visit to some subprojects are under construction like 220KV Kim Dong substation and 220kV Thuong Tin-Kim Dong substation which are under construction to further provide guidance on how to monitor and control the implementation of resettlement activities. Page 7
C. FINDINGS AND EVALUATION OF 1 st QUARTERLY REPORT, 2014 15. In 1 st quarterly report () LIC carries out monitoring and evaluating the implementation of compensation and resettlement for 02 subprojects of 500KV Son La- Hiep Hoa transmission line and 500kV Hiep Hoa substation. Besides, LIC also assists NPPMB to review RP reports of 220 kv Kim Dong substation and 220kV Thuong Tin- Kim Dong T/L subprojects. 16. Son La- Hiep Hoa T/L Son La- Hiep Hoa T/L has operated at the end of March, 2013. Up to now, there are some existing problems, including: Issuance of Land Use right Certificate (LURC), which serves as ownership document for the new plot of land, in a resettlement site or for individual plot has not been provides to all relocated household. The progress of rate is quite slow. Main reason leading this problem is that slow progress of payment of land use fee. Table 1: Status of Issuance LURC No List of Resettlement site No of plot I/ PHU THO 71 Status of issuance of LURC 1 Hien Quan, Tam Nong district 11 Completed 2 Phu Tho town 23 Not completed 3 Phu Loc commune, Phu Ninh dis 6 Not completed 4 Phu Nham commune Phu Ninh dis 6 Not completed 5 Phu Ninh commune, Phu Ninh dis 14 Not completed 6 Tien Du commune, Phu Ninh dis 5 Not completed 7 Tu Da commune, Phu Ninh dis 6 Not completed II/ VINH PHUC 187 8 Yen Thạch Song Lo dis 13 Completed 9 Đồng Thịnh 1, Song Lo dis 12 Not completed 10 Đồng Thịnh 2, Song Lo dis 20 Not completed 11 Xuan Loi commune, Tam Duong dis 13 Completed 12 Tiên Lu commune, Tam Duong dis 5 Completed 13 Dong Ích commune, Tam Duong dis 2 Completed 14 An Hoà commune Tam Duong dis 6 Completed Page 8
No List of Resettlement site No of plot 15 Khu TĐC Nội Bài - Lào Cai Status of issuance of LURC Mặt đường 2C Tam Duong dis 11 Not completed Thôn Lẻ, Tam Duong dis 1 Not completed Kim Long, Tam Duong dis 2 Not completed 16 Đồng Bắn, Tam Duong dis 7 Not completed 17 Long Sơn Tam Duong dis 2 Not completed 18 2C street Not completed 19 Gô village Tam Duong dis 45 Not completed 20 Village No 8 Tam Duong dis 16 Not completed 21 Trai Khooong, Tam Dao dis 24 Completed 22 Trung My commune, Binh Xuyen dis 8 Completed III/ THAI NGUYEN 12 23 Trung Thanh, Pho Yen dis 7 Not completed 24 Thuan Thanh, Pho Yen dis 5 Not completed Compensation of Mr. xxxx xxxxx xxxx, 12 Zone, Phu Tho Town: Mr. xxxx xxxxx xxxx moved to live in a tea plantation area of land managed by communes (total area 3,078 m 2 ) from 1987, without land ownership documents. He builds a 4 th level house here. His family has 3 children, 2 boys, 1 girl in that 2 married children (son and daughter). In the fact, after the cut off date, in 2011 Mr. xxxx xxxxx xxxx separates his household into 3 small household (including: (i) his wife, his smallest son and him, (ii) his son and (iii) his daughter). Mr. xxxx xxxxx xxxx required for 3 plot is resettlement site. The CRC of Phu Tho refused. Thus, Mr. xxxx xxxxx xxxx lodged a complaint to the Phu Tho Town court (September, 2012) which was dismissed. In April, 2013 he lodged a complaint to the Phu Tho province Court which was also rejected. Now, he is living under the operated line since 1 year. Page 9
Mr. xxxx xxxxx xxxx is living under the operated line His wife and son are living in a hutch Out of RoW) Slow completion of Infrastructure in Thuan Thanh RS, Pho Yen district, Thai Nguyen. Working with Pho Yen Construction and Investment PMU, it is said that slow disbursement of NPPMB leads slow of construction activities here. Thuan Thanh RS has 13 resettlement plot, however, the number of Son La- Hiep Hoa T/L is only 5 plots. District Construction and Investment PMU proposed NPPMB to invest infrastructure for overall plots. However, NPPMB refused and required to only pay for 5 plots of Son La- Hiep Hoa T/L. In the fact, There are meetings between District Construction and Investment PMU and NPPPMB to discuss about this issues. In Jan, 2014, District Construction and Investment PMU agreed with proposal of NPPMB and at the end of Feb, 2014, NPPMB pay in advance for District Construction and Investment PMU to implement construction activities in Thuan Thanh RS. 17. Hiep Hoa substation subproject Hiep Hoa DDR approved by ADB and CPPMB carry out additional compensation payment according to approved corrective action plan. Currently, VICA carry out to check list of vulnerable household (the poor, female-headed household with Page 10
dependents). Based on updated DMS provided by VICA, CPPMB will cooperate with Hiep Hoa district CRC to prepare a additional compensation plan. 18. 220 KV Kim Dong substation subproject Kim Dong 220kV substation is located in Toan Thang commune, Kim Dong district, Hung Yen province. In Jan, 2013, VICA consultant carried community consultation meetings, socio-economic and asset inventory survey in subproject and submitted a draft RP to NPPMB and ADB. ADB had NOL for this RP. LIC had a short field trip at Kim Dong, Hung Yen province. It is known that, there is no complaint related to compensation activities. The contractor promptly completed construction activities. 19. Thuong Tin - Kim Dong T/L subproject VICA consultant prepared 03 districts RP for this subproject in December, 2012 and submitted a draft version to NPPMB and ADB for approval. ADB had NOL for three RP. Up to now, 23 out of 81 foundation has not completed compensation payment due to adjustment of line D. WORK PLAN FOR PREPARING EVALUATION REPORT 20. LIC proposes to carry our following activities: - Monitoring and evaluating the implementation corrective action plan of Son La- Hiep Hoa T/L, Hiep Hoa substation according to proposed DDR prepared by ADB consultant; - Cooperate with stakeholder to solve existing problems of Thuong Tin- Kim Dong T/L; - Prepare a evaluation report for 4 subprojects Page 11
E. ANNEX Annex 1: Final Corrective Action Plan under the Due Diligence Review Annex 2: Project booklet Page 12
4 th quarterly report LIC resettlement September, 2013 Annex 1: Final Corrective Action Plan under the Due Diligence Review (Son La- Hiep Hoa T/L) Issue Corrective Action By whom By when Restoration of livelihoods. Along TL few HH is losing more than 10% of their total productive land. No specific income restoration measures have been implemented. The number of HH losing more than 10% of their affected productive land is unknown. - Identify through DMS list, the number of AH losing more than 10% of their productive land in each/district/town/city; - Assess trough monitoring if these HH could restore their livelihoods. - Prepare adapted income restoration measures if required. NPT/NPPMB in coordination with DCRB 30 April 2014 Completion of Infrastructures in Thuan Thanh Resettlement Site In Thuan Thanh RS (Thai Nguyen Province, Pho Yen District), drainage, inner roads and electricity are not completed; no activity occurred on this RS. - Contractor to prepare disbursement to DPC - DPC to send disbursement documents to NPPMB for review and approval - NPPMB to disburse funds - Install remaining infrastructures - Inform regularly HH of the schedule of work - Extend allowance for renting houses until completion of RS - NPT/NPPMB in coordination with Contractor Dong Ban, PMU Construction & Investment Pho Yen District, DRCB Pho Yen/Contractor, DRCB Pho Yen, DCRB Pho Yen - 30 April 2014 Vulnerable Except poor, no other vulnerable have been identified Check the DMS list and with local organization (Farmer s Union, Women s Union) if potential vulnerable HHs are ((i) female headed HH with dependents, (ii) disabled HH heads, (iv) children and the elderly HH who are landless and with no other means of support, and (v) landless HH. This will determine what type of allowances are necessary to be provided. NPT/NPPMB in coordination with respective DRCBs and consultation with - Women s Union - Farmer s Union - Relevant civil society organizations - District and people committees - 30 April 2014 Issuance of Land Use Right Certificate The Land Use Right Certificate (LURC), which serves as ownership document for the new plot of land, in a resettlement site or for individual plot, has not been provided to all relocated HH due to slow process. The LURC is issued by the - Issuance of LURC latest by 31 May 2014 for HHs which have already been allocated a plot of land and which have paid their land use fees. - NPT/NPPMB in coordination with District People s Committee - 31 May 2014 Page 13
4 th quarterly report LIC resettlement District People s Committee. Issue Corrective Action By whom By when Slow Process of disbursement of Funds. Delays in transfer of funds from NPPMB to DCRB have been observed in most of the districts. These delays hamper the resettlement activities and especially the completion of RS. Disbursement documents are prepared first by the contractor and then sent at the District level by the PMU of Construction and Investment and sent to NPPMB for review approval and disbursement. According to NPPMB, contractors don t send documents to DPC. - NPPMB to continue assisting contractors and DPC (PMU of Construction and Investment) to prepare acceptable disbursement document; - NPPMB to transfer remaining funds - NPT/NPPMB in coordination with Contractors, PMU for Investment & Construction at District level - 30 April 2014 Compensation of Mr. xxxx xxxxx xxxx (Phu Tho Province, Phu Tho Town) Mr. xxxx xxxxx xxxx refused compensation and didn t hand over his land to the project. He is still living under the transmission line. According to legal documents, Mr. xxxx is living on forest land. He considers that he is living stably and wants to be compensated as for residential land. Compensation for forest land is 35,000 VND/m 2, while compensation for residential land in RS is 70,000/m 2. He required 3 plots of land free in the RS. NPPMB/DCRB proposed to provide free one plot of land in the RS of 400 m 2 but he refused. AH have usually to buy the plot of land. He lodged a complaint to the Phu Tho Town Court which was dismissed. He is living under the operated line since 1 year. - NPPMB to ensure that the the offer to allocate a plot of land of 400 m 2 in the RS for free is maintained. - NPPMB to compensate for all other assets (trees, crops, structures) at replacement costs. - NPT/ NPPMB in coordination with DPC Phu Tho Town - 30 April 2014 In April, 2013 he lodged a complaint to the Province Court which was also rejected. Page 14
4 th quarterly report LIC resettlement Issue Corrective Action By whom By when Phu Ninh RS (Phu Tho Province, Phu Ninh District) In Phu Ninh RS, there is risk of landslide due to steep slope without erosion protection. Landslide could affect properties and infrastructures (drainage ditch). Grievance Process The grievance process is followed; there is however some delays in the information to APs who made complaints Monitoring External monitoring to be conducted by LIC - NPPMB to study options to protect slope against erosion and implement these protective measures. - NPPMB to review complaints in all affected districts/town/city and review how grievances were addressed and resolve any residual grievances. All grievances must be addressed within the time regulated by the law (30-45 days after receiving the official complaints). - NPPMB to ensure APs raising complaints are informed about the results of the decision within the timeframe indicated in the RP - NPPMB to work with LIC to ensure that all monitoring activities are conducted as stipulated in the agreed RF; - NPPMB to ensure that LIC pays special attention ton the needs of women and ethnic minority people and that LIC ensures that all consultation and participation processes with affected people are coordinated in a participatory manner. - NPT/NPPMB with DCRB - 31 May 2014 - NPT/ NPPMB in coordination with DCRB - 30 June 2014 - NPPMB/LIC - Evidence to be documented in each quarterly report Page 15
4 th quarterly report LIC resettlement September, 2013 Annex 2: Final Corrective Action Plan under the Due Diligence Review (Hiep Hoa substation) Issue Corrective Action By whom By when Only some HH were identified during DMS and received assistance. Other vulnerable HH were not identified Following construction, drainage is not adequate and led to frequent flooding to the cultivation area of Ha Noi, dai Mao and Huong Ninh hamlets despite some work (drainage channel, dyke done to reduce flooding ) During operation. Lights from the substation attracts butterfly and worms at right affecting crop productivity As per agreed RPF all poor and vulnerable APs, even if not severely affected, should receive a cash allowance equivalent to 30kg of roce per family member per month for a minimum period of six months (amount to be determined by Hiep Hoa district PC) LFDC to check in the DMS list and through local organization (Farmer s Union, Women s Union) if potential vulnerable HH: (i) femaleheaded HH with dependent; (ii) disabled HH heads; (iii) poor Hh; (iv) HH without with no means of support; and (v) HH without security of tenure; are present and provide the agreed allowance NPT/ CPPMB to ensure that support to localities for drainage installation and pumping stations in the areas affected by flooding is provided NPT/ CPPMB to coordinate with various stakeholders and ensure that a solution for the buteerfly and worms attracted by the light from the substation is found. CPPMB ensure that the protective measures are implemented immediately BPT/ CPPMB in coordination with Hiep Hoa DPC NPT/ CPPMB in coordination with Hiep Hoa DPC, local authorities in affected hamlets/ communes NPT/ CPPMB in coordination with Hiep Hoa DPC, local authorities in affected hamlets/ communes 20th May 15 th April 15 th April Page 16