resettlement plan (rp) - world bank...bank and the policy framework of the transmission efficiency...

NATIONAL POWER TRANSMISSION CORPORATION

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

TRANSMISSION EFFICIENCY PROJECT (TEP) Subproject

PHUOC AN 220kV SWITCHING SUBSTATION

RESETTLEMENT PLAN (RP) (FINAL VERSION)

January 2015

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NATIONAL POWER TRANSMISSION CORPORATION

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

TRANSMISSION EFFICIENCY PROJECT (TEP) Subproject

PHUOC AN 220kV SWITCHING SUBSTATION

RESETTLEMENT PLAN (RP) (FINAL VERSION)

PROJECT OWNER

CENTRAL VIETNAM POWER

PROJECTS MANAGEMENT BOARD

CONSULTANT

POWER ENGINEERING

CONSULTING JS COMPANY 4

January 2015

TEP - Phuoc An 220kV Switching Substation F/S

Power Engineering Consulting J.S Company 4 1

CONTRIBUTORS

No. Name Assigned tasks Signature

1 Nguyen Van Thanh Establishing report

2 Pham Hong Thai Auditor

3 Nguyen Nhat Ha Chi Revising the report



TABLE OF CONTENT

ACRONYMS ....................................................................................................................... 4

LIST OF TABLE ................................................................................................................ 5

SUMMARY ......................................................................................................................... 6

I. INTRODUCTION ........................................................................................................ 8

1.1. Transmission Efficiency Project (TEP) ........................................................................ 8

1.2. 220kV Phuoc An switching substation ........................................................................ 9

1.3. Objective of the RP .................................................................................................... 12

II. IMPACTS OF THE SUBPROJECT .......................................................................... 13

2.1. Determination of the subproject's impacts ................................................................. 13

2.1.1. The subproject’s affected scope/area .................................................................. 13

2.1.2. Determination of affected people (APs) by the subproject ................................. 14

2.2. Type of the project’s impacts ..................................................................................... 15

III. LEGAL FRAMEWORK AND COMPENSATATION POLICIES ........................ 19

3.1. Legal framework ...................................................................................................... 19

3.1.1. Vietnam's policies ................................................................................................ 19

3.1.2. OP/BP 4.12 of the WB’s policy on involuntary resettlement .............................. 20

3.1.3. Compatibility between policies of Government and the World Bank and wavers

requirement ................................................................................................................... 20

3.2. Compensation policies ................................................................................................ 20

3.2.1. Compensation for Loss of Agricultural Land .................................................... 20

3.2.2. Compensation Policy for Loss of Standing Crops and Trees ............................ 22

3.2.3. Compensation Policy for Loss of Income and/or Business/Productive Assets .. 23

3.2.4. Compensation Policy for Temporary Impact during Construction ................... 23

3.2.5. Damages to Private or Public Structures .......................................................... 23

3.2.6. Allowances and Rehabilitation Assistance......................................................... 24

IV. COMPENSATION, ASSISTANCE AND RESETTLEMENT PLAN .................... 26

4.1. Compensation ............................................................................................................. 26

4.1.1. Compensation unit prices for land ...................................................................... 27

4.1.2. Compensation unit prices for trees and crops .................................................... 27

4.2. Assistance and rehabilitation ...................................................................................... 27

V. CONSULTATION, PARTICIPATION AND DISCLOSURE ................................. 30

5.1. Community consultation and participation of people ................................................. 30

5.2. Information disclose .................................................................................................... 32

5.3. Grievance redress mechanism..................................................................................... 32



VI. SUPERVISION, MONITORING AND EVALUATION ......................................... 34

6.1. Internal monitoring and supervision ........................................................................... 34

6.2. Independent monitoring .............................................................................................. 35

6.3. Report ......................................................................................................................... 35

VII. IMPLEMENTATION SCHEDULE ................................................................. 37

7.1 Implementation responsibility .................................................................................... 37

7.2. Implementation schedule ............................................................................................ 40

VIII. COST AND BUDGET ....................................................................................... 41

8.1. Basic of cost estimation .............................................................................................. 41

8.2. Survey on Replacement Cost ...................................................................................... 41

8.3. Cost estimation for the implementation of RP ............................................................ 42

8.3.1. Cost of detail measurement survey .................................................................... 42

8.3.2. Cost of compensation ......................................................................................... 42

8.3.3 Cost of assistances ............................................................................................. 43

8.3.4 Cost for CRC ...................................................................................................... 44

8.3.5 Cost of independent monitoring ......................................................................... 44

8.3.6 Contingency ........................................................................................................ 44



ACRONYMS

CPPMB

: Central Vietnam Power Project Management Board

CPC : Commune People’s Committee

CARC : Compensation, Assistance and Resettlement Committee

DPC : District People’s Committee

EVN : Vietnam Electricity

F/S : Feasibility Study

EM : Ethnic Minority

EMP : Environmental Management plan

GOV : Government of the Socialist Republic of Viet Nam

HH(s) : Household(s)

HW : Highway

MONRE : Ministry of Natural Resources and Environment

EVN-NPT : National Power Transmission Corporation

AH(s) : Affected Household(s)

AP : Affected People

PMB : Project Management Board

PPC : Provincial People’s Committee

PECC4 : Power Engineering Consulting J.S Company 4

PO : Project owner

RP : Resettlement Plan

ROW : Right-of-Way

SMIC : Safeguard monitoring independent consultancy

SS : Substation

T/L : Transmission Line

TPP : Thermal Power Plant

VND : Viet Nam Dong

WB : World Bank

Temporarily affected land: is restricted to use, under the ROW of high voltage transmission lines and can be affected during pulling conductor/cable (according to Decree No.14/2014/ND-CP dated February 26

th, 2014).

Temporarily affected houses/structures: are restricted to use, under the ROW

(according to Decree No.14/2014/ND-CP dated February 26th, 2014).



LIST OF TABLE

Table 1: List of auxiliary work items for the project construction .................................... 10

Table 2: Number of AHs by the subproject ....................................................................... 14

Table 3: Area of land acqusition ....................................................................................... 16

Table 4: Permanent impact on tree, crop .......................................................................... 17

Table 5: The area of temporarily affected land ................................................................ 17

Table 6: Public consultation .............................................................................................. 31

Table 7: Main activities for internal monitoring and evaluation ...................................... 34

Table 8: Compensated land area ...................................................................................... 43

Table 9: Compensation price ............................................................................................ 43

Table 10: Cost of assistances ............................................................................................ 44

Table 11: Total cost for RP implementation ..................................................................... 45



SUMMARY

The report’s objectives:

The RP report’s objective is to establish the plan to implement compensation and

livelihood stability for the project affected households.

Scope of the study:

The RP of the 220kV Phuoc An Switching Substation is studied within the scope,

including: (i) the substation area; (ii) the 220kV transmission line to connect to the

substation, the road to access to the station and the 22kV serving power line for

construction and operation.

1 - Main specification of the project

The proposed 220kV Phuoc An switching substation project will be located in

Dai Hoi Village, Phuoc An Commune, Tuy Phuoc District, Binh Dinh Province.

The permanent area occupied by the projects is 70,879.12 m2; the affected area is

mainly eucalyptus, mango, corn and a small portion of rice.

Project owner: National Power Transmission Corporation (EVN-NPT)

The PO’s representative: Central Viet Nam Power Project Management Board

(CPPMB)

Total investment cost: 162,722,912,000 VND.

Capital source: Using construction investment capital and loan (TEP project)

from the World Bank (WB).

2 – Project’s objectives

The “220kV Phuoc An Switching Substation” project aims to connect 220kV

transmission lines in Binh Dinh province during the period of 2015-2020. In future,

this station will be the load station to meet the load demand on the rise of Binh Dinh

province and to share the load for 220kV substation Quy Nhon (can not expand the

existing stations).

3 - Impacts caused by the project

- The subproject will affect 60 households (248 people), all households are living

at Dai Hoi Village, Phuoc An commune, Tuy Phuoc district, Binh Dinh province.

- To facilitate the construction of substation, foundations of overhead

transmission lines, the project will permanently acquire 70,897.12m2 productive land

area of AHs.

- To minimize impact on the lives of household, the project site was selected to

avoid causing impact on house and architectural structure of AHs.



- The subproject will affect many trees/crops of local people, such as 2,865

mango trees, 22,760 eucalyptus trees, 15,438 m2 of corn, and 9,400 m

2 of rice.

The Resettlement Plan (RP) of “220kV Phuoc An Switching Substation” project is

established based on the involuntary resettlement policy (OP 4:12) of the World

Bank and the Policy Framework of the Transmission Efficiency Project (TEP).

The compensation to the affected households is expected to begin in the first

quarter of 2015, total estimated costs expected for the implementation of the

Resettlement Plan is 11,142,809,254 VND (530,610 USD) (this estimated cost

will be updated when during the implementation of the project to ensure the

principle of compensation at replacement cost).



I. INTRODUCTION

1.1. Transmission Efficiency Project (TEP)

The National Power Transmission Cooperation (EVNNPT) is developing

Efficient Transmission Project (TEP) with funding from the World Bank (WB). The

Project Development Objective (PDO) for TEP is to support the implementation of an

investment programs to increase capacity of Vietnam’s electricity transmission grid,

improve efficiency and reliability of electricity services and strengthen the institutional

capacity of the National Power Transmission Corporation. The direct beneficiary of

the project would be Vietnam’s electricity transmission company NPT. Indirect

beneficiaries would include all segments of population. They would benefit from: (i)

Improved reliability, which will reduce unserved demand and the number and duration

of power outages; and (ii) Increased energy efficiency, which will reduce overall costs

and GHG emissions. The project would also bring direct temporary benefits for

skilled and unskilled workers that would be employed for the construction of the

project.

The proposed project is comprised of the following three components: (i) The

Transmission Infrastructure Component; (ii) The Smart Grid Component; and (iii) The

Capacity Building and Institutional Strengthening Component.

The Transmission Infrastructure Component will finance transmission lines

and substations at voltage levels of 220kV and 500kV. The investments will

target three areas that are key to the overall economic development of Vietnam,

namely the Greater Hanoi Area, the Greater Ho Chi Minh City Area and the

Mekong Delta. Investments at the 500kV level will help increase the transport

capacity of the main 500kV trunk system while increasing its reliability.

Investments at the 220kV level are aimed at increasing the capacity of the

supply points to the distribution utilities and improve the reliability of the

network that serves these points.

The Smart Grid Component will support modernization of monitoring,

control, and protection equipment in 500kV and 220kV substations to improve

the reliability of the interconnected power system as a whole and of some bulk-

supply points in the distribution network. Today, 60 percent of the faults in

substations are a consequence of faulty operations of monitoring, control, and

protection equipment. Aided by monitoring and control gear, protection

equipment: (i) detects - among other things - the locations and intensity of faults

and, based on such information, determines what equipment should be

disconnected to protect the system from damage; and (ii) decides when

disconnected equipment should be reconnected to ensure that interruptions in

the provision of electricity services are minimized.

The Capacity Building and Institutional Strengthening Component will

contribute to the gradual development of NPT to become an independent

transmission company with revenues from the application of cost-of-service



regulation in the transmission sector. The steps to be supported in this operation

include the definition of technical and financial performance indicators, the

introduction of enterprise asset management systems and strategies.

The Resettlement Plan (RP) of “220kV Phuoc An Switching Substation”

subproject is established under the Policy Framework of the Transmission Efficiency

Project (TEP).

1.2. 220kV Phuoc An switching substation

The proposed 220kV Phuoc An switching substation subproject is located in Dai

Hoi Village, Phuoc An Commune, Tuy Phuoc District, Binh Dinh Province.

The area permanently occupied by the subproject is 70,879.12 m2; the affected

area is mainly growing eucalyptus, mango, corn and a small portion of rice field.

1.2.1. The subproject’s objective:

The “220kV Phuoc An Switching Substation” subproject aims to connect 220kV

transmission lines in Binh Dinh province during the period of 2015-2020. In future,

this substation will become a load substation to meet the load demand on the rise of

Binh Dinh province and to share the load for the existing 220kV Quy Nhon substation

(unable to expand).

The subproject consists of following items:

220kV Phuoc An Switching Substation

Access road

220kV transmission lines connected to the station

22kV transmission line serving the construction operation

a) Switching substation

Capacity and voltage level

In the first stage, the switching substation will only invest the 220kV distribution

system. In the future it will be developed to the 220kV substation.

- Voltage level: the substation is designed with 3 voltage levels of 220/110/22kV.

- Capacity: Install 02 220/110/22kV transformers with installed capacity of

02x250MVA.

Connection diagram

- 220kV side: is designed according to diagram of “two busbar systems with

coupling breaker”, and with contingency space for completing diagram of “two

busbar systems with ring busbar”.

- 110kV side: contingency space for designing according to diagram of “two busbar

systems with ring busbar”.

- 22kV side: has a task of auxiliary power supply to the substation, and is designed



according to diagram of "transformer - distribution line block".

Number of feeder bays

- 220kV side

01 feeder bay connecting to Quy Nhon 220kV substation - circuit No.2;

01 coupling breaker bay;

01 feeder bay connecting to Quang Ngai 220kV substation - circuit No.1;

01 feeder bay connecting to An Khe hydropower plant - circuit No.2.

Future contingency feeder bays include:

01 feeder bay connecting to Quy Nhon 220kV substation - circuit No.1;

02 incoming transformer bays of 220/110/22kV - 250MVA;

01 feeder bay connecting to Tuy Hoa 220kV substation;

01 feeder bay connecting to Quang Ngai 220kV substation - circuit No.2.

01 feeder bay connecting to An Khe hydropower plant - circuit No.1.

02 feeder bays connecting to Nhon Hoi 220kV substation.

01 ring breaker bay.

01 contingency bay.

- 110kV side:

It has contingency construction land for 12 bays.

- 22kV side:

Connected to the local power network for construction power supply and

auxiliary power supply for the substation.

Auxiliary work items

Table 1: List of auxiliary work items for the project construction

No. Name of temporary works Area Structure

1 Devices and cement storehouse 80m2 Closed

2 Processing workshop 60m2 Open

3 Materials and device stockpiles 250m2 Bare yard

4 Housing for workers 150m2 Closed

5 Housing for managers 50m2 Closed

6 Working house 35m2 Closed

7 Bathroom + WC 20 m2 Closed

Auxiliary work items are located within the scope of land acquisition of the

switching substation.

Main auxiliary work items:

* Roads:

- Road within the substation: road surface structure will be unreinforced



concrete with the width of 4m. The road sides will be plaid concrete bar M150 and

arranged rainwater collection pits along roads.

- Access road with the length of 1,372.48m will be upgraded from the existing

soil pathway. Its starting point is designed to connect to the exisiting concrete road. Its

ending point will be at the gate of Phuoc An 220kV substation. Surface structure of the

access road is ballast crushed stone, the width of each roadside is 1.5m, the width of

road surface is 6m. Slope towards 2 sides according to cross section is i=2%.

* Power and water supply for the project construction:

- Power for the substation construction will be supplied by the existing power

source. Power supply for construction sites will be provided by cable and circuit-

breakers switches.

- Water for the substation construction will be provided from 50m-deep drilled

wells within the substation. In the future, it will be used for operating the substation.

Water will be pumped into water tanker and container. Then it is drained to the

construction sites by soft plastic pipes.

b) 220kV transmission lines connecting to the substation:

* TL section 1

+ Number of circuits: 02 circuits.

+ Length: 492m.

+ Conductor: steel aluminum conductor with code ACSR-400/51 (suspend 01

circuit ahead).

+ Lightning conductor: suspend 2 lightning conductors, including 01 lightning

conductor combined with optical cable, code OPGW-70 and 01 lightning

conductor, code GSW-70.

+ Insulator: Use ceramic or glass insulators according to standard IEC.

+ Tower : Use double circuit hot dip galvanized steel tower with screw-bolt.

+ Tower foundation: Use pier foundation.

+ Earth connection: Use rod-radial type TĐ6x50-30.

+ Width of the ROW: 21.2m (from the centerline towards each side: 10.6m wide).

* TL section 2

+ Number of circuits: 02 circuits

+ Length: 345m.

+ Conductor: steel aluminum conductor with code ACSR-330/43 divided into 2-

wire phase (suspend 01 circuit ahead).

+ Lightning conductor: suspend 2 lightning conductors, including 01 lightning

conductor combined with optical cable, code OPGW-70 and 01 lightning



conductor, code GSW-70.

+ Insulator: Use ceramic or glass insulators according to standard IEC.

+ Tower : Use double circuit hot dip galvanized steel tower with screw-bolt.

+ Tower foundation: Use pier foundation.

+ Earth connection: Use radial type TĐ2x8.

+ Width of the ROW: 23m (from the centerline towards each side: 11.5m wide).

+ Take down and salvage G14 and conductor section from G13 – G15 of An Khe

– Quy Nhon 220kV TL – circuit No.2.

c) 22kV Transmission lines supplying auxiliary power for the substation:

01 load substation: Total capacity of 250kVA

Substation structure: Use type of tower mounted substation

Starting point : At tower No.14/9/22 of the existing feeder bay No.478-E.21.

Ending point: At 22/0.4kV-250kVA substation (designed)

Voltage level: 22kV.

Number of circuits: 01 circuit.

Length of the TL: 4,117m.

Conductor: AC-70/11

Tower: High centrifugal concrete tower.

Tower foundation: Cast-in-place reinforced concrete block foundation.

Arm, banjo: Hot dip galvanized figural steel.

1.3. Objective of the RP

The Resettlement Plan is established for the following objectives:

- Avoid or minimize the involuntary resettlement by selecting the appropriate

design alternative.

- In case involuntary resettlement cannot be avoidable, resettlement activities

should be prepared and followed the sustainable development programs and provide

appropriate support investment which allows DP their benefits from the subproject.

- DPs will be fully consulted and allowed to participate in the preparatory

activities and implementation of the Resettlement Plan. DP will be compensated for

their losses, and will be provided with rehabilitation measures for their daily life in

order to assist them maintain or improve the standard of living and production

capabilities, income as before the subproject.



II. IMPACTS OF THE SUBPROJECT

2.1. Determination of the subproject's impacts

2.1.1. The subproject’s affected scope/area

The subproject will be located in Dai Hoi Village, Phuoc An commune, Tuy

Phuoc district, Binh Dinh province. This site is designed in the boundary area between

An Nhon and Tuy Phuoc Commune of Binh Dinh province. The subproject’s affected

area includes:

2.1.1.1. Component with land acquisition

The total permanently acquired land area of the entire project: 70.897,12 m2. In which:

The acquired area of the entire stations (including talus): 50495.5 m2

The acquired area to construct the road to the station: 19,500 m2

The acquired area for the 220kV transmission lines connected to the station:

438.2 m2

The acquired area for the 22kV transmission line serving construction:

463,42m2

2.1.1.2. Component with temporary impacts

- 220kV transmission lines connected to the station:

+ The total area temporarily occupied within the ROW is 18.365,4 m2. Land

situated within the ROW will be temporarily occupied during construction. After the

construction is completed, affected households can continue to cultivate crops but the

height has to be restricted within the safe distance. The distance from any point of the

plant to the transmission lines in the state of maximum deflection must not less than

3m.

- 22kV transmission line serving construction:

+ The total area temporarily occupied within the ROW is 24.700 m2. Land

situated within the ROW will be temporarily occupied during construction. After the

construction is completed, affected households can continue to cultivate crops but have

to ensure that the distance from any point of the tree to the transmission lines in the

state of maximum deflection must not less than 1.5 m.

However, there will be measures taken during construction process to ensure the

safety and minimize the damage to people.



2.1.2. Determination of affected people (APs) by the subproject

2.1.2.1 Determination of affected people and eligibility criteria

The APs include all people who lose land or the right to use land or who lose

“access to legally designed parks and protected areas resulting in adverse impacts on

the livelihoods”. The eligibility criteria for compensation will include: (a) those who

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 rights based upon

the laws of the country; 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.

Persons covered under (a) and (b) are provided compensation for the land they

lose, and other assistance. Persons covered under (c) are provided resettlement

assistance, in lieu of compensation for the land they occupy, and other assistance, as

necessary.

2.1.2.2. Number of affected people and households

According to the survey result, there are 60 HHs (248 people) affected by the

project as follows:

- Household has residential land/ productive land affected partially or fully

(temporarily or permanently).

- Household has house/structure affected partially or fully (temporarily or

permanently).

- Household has trees, crops affected partially or fully (temporarily or

permanently).

Table 2: Number of AHs by the subproject

No Category HHs AP

TOTAL 60 248

I Permanently affected land 25 106

1

The households, who are permanently acquired more than 20%

of their productive land (or over 10% of productive land with

regard to vulnerable households). In which:

06 29


of their productive land 01 07



No Category HHs AP


(or over 10% of productive land with regard to vulnerable

households) to 70% of their productive land

05 22

2

The households, who are permanently acquired under 20% of

their productive land (or under 10% of productive land with

regard to vulnerable households)

19 77

II Temporary impact on land 35 142

III Impact on housing, construction and other structure 0 0

Note: Data has been investigated during preliminary surveys on June 2014, and

will be precise during measuring, detailed inventory phase after the process to establish

demarcation line.

2.1.2.3. Impact level

According to the survey result, impact level of the project is as follows:

- The project does not pose impact on house, construction and other architectural

structures.

- The households, who are permanently acquired more than 20% of their

productive land (or over 10% of productive land with regard to vulnerable

households): 06 AHs (29 people). In which:

+ The households, who are permanently acquired more than 70% of their

productive land: 01 AH (07 people).

+ The households, who are permanently acquired more than 20% (or over 10% of

productive land with regard to vulnerable households) to 70% of their

productive land: 05 AHs (22 people)

- The households, who are permanently acquired under 20% of their productive

land (or under 10% of productive land with regard to vulnerable households)

2.1.2.4. Vulnerable households

- There is 01 female head affected household (04 people) that belong to

vulnerable group.

- There is no affected household that is ethnic minorities

2.2. Type of the project’s impacts

The subproject can cause some impacts as:

Permanent impacts:



- Productive land acquisition for substation, access road, underground cables and

tower foundations for the overhead transmission lines.

- Residential land acquisition for substation

- Dismantling houses on permanently acquired land.

- Removing grave on permanently acquired land.

- Cutting down crops on permanently acquired land.

- Cutting down trees on permanently acquired land.

Temporary impacts:

- Restricting usability of land in the ROW for safety of the overhead transmission

line and temporarily affected by construction activities.

- Cut down trees, crops in the ROW for construction activities.

2.2.1. Productive land

To facilitate the construction of substation, foundations of overhead transmission

lines, the project will permanently acquire 70,897.12m2 productive land area of AHs.

Table 3: Area of land acquisition

No District/Commune Total area

(m2)

Permanently acquired land

Annual

crop land

(m2)

Perennial

land (m2)

Paddy

field

(m2)

Cemetery

land (m2)

Tuy Phuoc District

I Phuoc An Commune 70,897.12 9,548.98 59,538.72 309.42 1,500

1 Switching substation 50,495.50 8,449 42,046.50

2 Road to substation 19,500 950 17,050 1,500

3

220kV transmission

lines connected to the

station

438.20 48 390.20

4

22kV transmission line

serving the

construction operation

463.42 102 52 309.42



demarcation line.

In order to minimize the impact on the lives of APs, the items which need to

recover permanent land as substation, access road, tower foundations of overhead

connection lines and underground cables, will be selected design in productive land.

2.2.2. House, construction and other architectural structures

To minimize impact on the lives of household, the project site was selected to



avoid causing impact on house and architectural structure of AHs.

2.2.3. Trees, crops

Table 4: Permanent impact on trees, crops

No District/Commune

Impact on trees, crops

Mango

(tree)

Eucalyptus

(tree)

Corn

(m2)

Rice

(m2)

Tuy Phuoc District

I Phuoc An Commune 2,865 22,340 15,438 9,400.00

1 Switching substation 2,755 16,760 8,100

2 Road to substation 3,900 890

3 220kV transmission lines

connected to the station 1,680 48

4

22kV transmission line

serving the construction

operation

110 6,400 9,400.00



demarcation line.

2.2.4. Temporary impacts

2.2.4.1. Temporary impacts on productive land

The area of land under 220kV transmission line’s ROW connected to the

substation and 22kV transmission line serving construction are 18,365.4m2 and

24,700m2 respectively. Besides the area permanently occupied for the construction of

tower are 438.2m2 and 463,42m2 respectively, the entire remaining area will be

affected by the limited usability and can be affected during construction of stretching

wire (temporary). Total land area temporarily affected by the construction of 220kV

transmission line and 22kV transmission line serving construction are 17,927.2m2

and

24,236.58m2 respectively.

Table 5: The area of temporarily affected land

No. District/Commune Total area

(m2)

Permanently acquired land

Annual crop

land (m2)

Perennial

land (m2)

Paddy field

(m2)

Tuy Phuoc District

I Phuoc An Commune 42,163.78 7,285.00 18,727.20 16,151.58

1

220kV transmission

lines connected to the

station

17,927.20 1,950.00 15,977.20 -

2 22kV transmission

line serving the 24,236.58 5,335.00 2,750.00 16,151.58



construction operation



demarcation line.

2.2.4.2. Temporarily affected residential land

The subproject will not cause temporary impact on land

2.2.4.3. Impact residential land, house and constructions

According to survey results, there is no architectural structure within the ROW.



III. LEGAL FRAMEWORK AND COMPENSATATION POLICIES

3.1. Legal framework

3.1.1. Vietnam's policies

The provisions of the Government of Vietnam on compensation, assistance and

resettlement as follows:

- Vietnam's Constitution promulgated in 1992 has confirmed home ownership of

citizens and protected their ownership

- The Land Law No.45/2013/QH13, issued on December 29th

, 2013

- Decree No.14/2014/ND-CP dated February 26th

, 2014, guiding the detailed

implementation of the Electricity Law regarding safety protection of high-voltage

power grid.

- Decree No.47/2014/ND-CP issued on May 15th

, 2014 on compensation and

resettlement when land is acquired by the State.

- Decree No. 44/2014/ND-CP issued on May 15th

, 2014 on methods to determine

land prices.

- Decree No. 43/2014/ND-CP issued on May 15th

, 2014 on methods to

implement Land Law.

- Decree No. 38/2013/ND-CP dated April 23th

, 2013 on management, using

official development assistance (ODA) and preference loan capital from sponsors

- Decision No.52/2012/QD-TTg, dated November 16th

, 2012 on the policies of

employment support and vocational training for farmers whose agricultural land is

acquired by the State

b) The current regulations on compensation, support and resettlement of Binh Dinh

Province applied for the RP report of the sub-projects include:

Decision No. 50/2012/QD-PPC dated 20 December, 2012 of the Binh Dinh

provincial People's Committee regarding policy on compensation, support and

resettlement when the State recovers land in Binh Dinh province.

Decision No. 42/2013/QD-UBND dated 18 December, 2013 of the People's

Committee of Binh Dinh Province on the promulgation of land price on 2014 in

the province of Binh Dinh.


Committee of Binh Dinh Province on unit prices to compensate for damage to

houses, structures and graves when the State recovers land in Binh Dinh

province.




Committee of Binh Dinh Province on unit prices to compensate for damages to

trees and crops when the State recovers land in the Binh Dinh province.

3.1.2. OP/BP 4.12 of the WB’s policy on involuntary resettlement

The OP 4.12 includes the following principles:

Involuntary resettlement should be avoided where feasible, or minimized,

exploring all viable alternative project designs;

Where it is not feasible to avoid resettlement, resettlement activities should be

conceived and executed as sustainable development programs, providing

sufficient investment resources to enable the persons displaced by the project to

share in project benefits. Project affected persons should be meaningfully

consulted and should have opportunities to participate in planning and

implementing resettlement programs;

Project affected persons should be assisted in their efforts to improve their

livelihoods and standards of living or at least to restore them, in real terms, to

pre-displacement levels or to levels prevailing prior to the beginning of project

implementation, whichever is higher.

3.1.3. Compatibility between policies of Government and the World Bank and wavers

requirement

Although the recent legislation on resettlement of Vietnam tends to be more

consistent with that of the World Bank, there are still some discrepancies exists

(between Laws - Decrees of Vietnam and policy of WB in term of compensation,

resettlement) that are required particular attention. In case of any inconsistency, the

policy of the World Bank will be applied. This is in accordance to the Decree No.

38/2013/ND-CP, states that in the case of difference between any provision of ODA

international agreements of which the Socialist Republic of Vietnam is a members

with the provisions of the law of Vietnam, the provisions of that treaty shall be

complied (Article 6, paragraph 7).

3.2. Compensation policies

3.2.1. Compensation for Loss of Agricultural Land

Legal and Legalized Land Users

If the lost area represents less than 20% of a Household’s (HH’s) land holding

(or less than 10% for poor and vulnerable groups), and the remaining area is

economically viable, compensation in cash will be at 100% replacement cost for the

lost area.



If the lost area represents 20% or more of the HHs’ land holding, (or 10% or

more for the poor and vulnerable groups) or the remaining area is economically not

viable, then “land for land” compensation should be considered as the preferred

option.

If no land is available, then implementing agencies (IAs) must

demonstrate this to the World Bank’s satisfaction before proceeding.

If land is not available, or if the DP prefers cash compensation, then cash

compensation will be provided for the lost area at 100% of land

replacement cost, and the DP will be provided with rehabilitation

measures to restore the lost income sources, such as agricultural extension,

job training, credit access, provision of non-agricultural land at a location

appropriate for running off-farm business or services.

If the DPs wish, and there is land of similar value elsewhere, the project

should also assist these DPs to visit these areas and help with legal

transactions should they wish to acquire them.

For agricultural land lying intermixed with residential areas, and garden

and pond land lying adjacent to residential areas, apart from compensation

at the price of agricultural land having the same use purpose, monetary

support shall also be provided; with the prices for such support being

equal to between 50% and 70% of the prices of adjacent residential land;

and with the specific support levels being decided by the Provincial

People's Committees (PPC) to suit local conditions.

Users with temporary or leased rights to use communal/public land (DPs

who rent communal or public land)

Cash compensation at the amount corresponding to the remaining investment

put on the land or corresponding to the remaining value of the land rental contract, if it

exists.

For DPs currently using land assigned by State-owned agricultural or forestry

farms on a contractual basis for agricultural, forestry, or aquaculture purposes

(excluding land under special use forests and protected forests), compensation shall be

provided for investments made on the land, but not for the land itself, and these DPs

may also receive additional support according to the following provisions:

Additional monetary support shall be provided for DPs that receive land

on a contractual basis and are public employees or workers of State-owned

agricultural or forestry farms, or who are former employees of such farms

and who are now receiving an allowance related to their former



employment. The highest level of additional monetary support shall be

equal to the price of land to be compensated, calculated on the basis of the

value of the affected land area which shall, however, not exceed the local

agricultural land assignment limits. The PPC shall decide on the specific

support levels to suit the local conditions but the additional monetary

support shall not be less than 70% of the compensation value for the land

actually acquired.

Where DPs receive land on a contractual basis but are other than the

individuals specified at (a) above, they shall only receive compensation

for investments made on the land.

Land Users without formal or customary recognized rights to the affected land

Instead of compensation, these DPs will receive rehabilitation assistance up to

100% of the land value in cash. DPs will be entitled to rehabilitation measures

mentioned above to ensure their living standards are restored.

In case the land is rented through civil contract between individuals,

households, or organizations, then the compensation for crops, trees, or aquaculture

products will be paid to the affected land users and the project client shall assist the

renter to find similar land to rent.

In cases when DPs utilize public land (or protected areas), with an obligation to

return the land to the Government when requested, the DPs will not be compensated

for the loss of use of the land. However, these DPs will be compensated for crops,

trees, structures and other assets they own or use, at full replacement cost. Although

they cannot reside in such public safety-hazard areas, if access has not been denied

previously through well-documented signs and such things as fences, the social and

baseline assessment should consider if such a physical impediment (like a newly

restricted public safety area) is causing loss of livelihood due to people no longer

being able to get to jobs and other assets associated with their subsistence as a result of

restricted safety zone definition, which may for example add significant cost to

traveling from home to business, schools, etc.

3.2.2. Compensation Policy for Loss of Standing Crops and Trees

For annual and perennial standing crops, regardless of the legal status of the land,

compensation will be paid to the affected persons, who cultivate the land, according to

the full market value of the affected crops and/or at replacement cost for affected

perennial trees. Regarding the removable affected trees, the compensation will be equal

the transportation cost plus actual loss. Perennial crops will be compensated for at the

calculated value of their life time productivity.



3.2.3. Compensation Policy for Loss of Income and/or Business/Productive Assets

For DPs losing income and/or business/productive assets as a result of land acquisition,

the mechanism for compensating will be:

The registered non-farm producer/business DPs, who have income-generating

and/or business/productive assets affected, will be given cash business assistance

for the loss of business income, equivalent to 50% of the annual average for the

last 3 years net income. (This amount is equivalent to 100% of monthly net

income for 6 months).

The non-registered business or non-farm producer DPs, whose operations are

recognized by local authority and who have income and/or business/productive

assets affected, will be given assistance in cash for the income losses for three

months at the minimum

If the business has to be relocated, then, a priority to provide a replacement

business site accessible to customers, or, compensation in cash for the affected

area at a replacement cost, plus transportation allowance to remove movable

attached assets. If there is no land available, then the business/non-farm producer

DPs will be entitled for rehabilitation measures such as job training, credit access

to help restore the income sources

3.2.4. Compensation Policy for Temporary Impact during Construction

In the event of temporary impact during construction, DPs are entitled to the following:

Compensation for all affected assets/investments made on the land,

including trees, crops etc., at full replacement cost;

Cash compensation for land temporarily acquired in the form of rent which

is at least equivalent to the net income that would have been derived from

the affected property during the period of disruption;

3.2.5. Damages to Private or Public Structures

Damaged property by contractor will be restored by contractors immediately at full

replacement value, after completion of civil works, to its former condition. Under their

contract specifications, the contractors will be required to take extreme care to avoid

damaging property during their construction activities. Where damages do occur, the

contractor will be required to pay compensation immediately to affected families,

groups, communities, or government agencies at the same compensation rates that are

applied to all other assets affected by the Project.

Compensation for loss of community assets: In cases where community infrastructure

such as schools, bridges, factories, water sources, roads, sewage systems is damaged,



the project will ensure that these will be restored or repaired at no cost for the

community and to the community’s satisfaction.

3.2.6. Allowances and Rehabilitation Assistance

Besides the compensation for affected assets, DPs will be provided with financial

assistance to cover their expenses during the transition period. The assistance levels

will be adjusted, taking into account inflation factor and price increase to be

appropriate to the payment time. These will be detailed in the RP. They include, but

are not limited to:

Transportation allowance will be given to relocating DPs. The amount will be

determined by local authority

House renting allowance or temporary accommodation will be provided for

relocating DPs during the time when the DPs are waiting for the land plot or

apartment to be ready plus for the period of building the new house.

Removal Support: Organizations and DPs that are allocated or leased land by

the state or are lawfully using land and have to relocate their productive and/or

business establishments are entitled to financial support for dismantling,

relocating and re-installation of the establishment. Support levels will be

determined by actual costs at the time of removal, based on self-declaration of

the organizations and verification by the agency in charge of compensation.

This will then be submitted to the relevant authorities for approval.

Subsistence allowance for relocating: All DPs (i) relocating within province

shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted

03 months; (ii) relocating out of province shall receive a cash allowance equal

to 30 kg of rice per month in uninterrupted 06 months; (iii) who are in a severe

socioeconomic difficulty or who relocating to areas of socioeconomic difficulty

shall be receive cash allowance equal to 30 kg of rice per month in

uninterrupted 12 months.

Support for living stabilization: (a) DPs losing 20 - 70% of their agricultural

landholding (or 10 - 70% for the poor and vulnerable groups) will be provided

with the amount equivalent to 30 kg of rice/person/month for 6 months if they do

not have to relocate and 12 months in case of relocation. In some special cases,

in extremely difficult areas, the compensation may be provided for a maximum

of 24 months; (b) DPs losing more than 70% of their agricultural landholding

will be assisted for 12 months if they do not have to relocate and 24 months in

case of relocation. In some special cases, in extremely difficult areas, the

compensation may be provided upto a maximum of 36 months; (c) Households



affected by loss of less than 20% of land, where the remaining land is rendered

unviable for continued use, will be assisted with the above support plus any

additional support as determined, for a period of 12 months. In case of land-

for-land compensation, DPs will be assisted with seedlings, agricultural-forestry

extension programs, husbandry etc.

Support for job changing (with several options provided depending on the

interest of the DPs): The support amount is 2-5 times of the agricultural land

price for the whole acquired agricultural area but not exceeding the local land

allocation limit at the moment of handing over land.

Support for training, apprenticeships on vocational training establishments in

the province and exemption from tuition fees for the training courses for those of

working age (not applicable for those who enroll for a vocational training

outside the province). After finishing training courses, they will be given

priorities to be recruited in local manufacturers/businesses.

Support for the poor and vulnerable groups: Additional support will be

provided to the poor and vulnerable groups to ensure they will be able to restore

the losses and livelihood at least at pre-project level

Other rehabilitation measures as agricultural extension services, job training and

creation, credit access, non-farm land allocation for non-farming

business/activities, and/or other measures as appropriate will be given to DPs

losing major income sources to ensure their livelihood is restored to the pre-

project level.

Relocation bonus: A bonus of maximum 5 million VND will be awarded to

DPs who dismantle their houses and vacate their premises in accordance with

the resettlement schedule.



IV. COMPENSATION, ASSISTANCE AND RESETTLEMENT PLAN

4.1. Compensation

Cut-off date: The cut-off date has been fixed during the socio-economic survey

and inventory, December 01st, 2013. The cut-off date has been notified to the

competent local authorities when working with the locality performing public

consultation.

Persons who encroach and move into the area that proposed to be affected area

after the project’s cut-off date will not be entitled to compensation and resettlement.

These people will be requested to dismantle affected structures, cut trees or harvest

crops for land clearance of the project; however, they will not have to pay any fine.

The subproject’s cut-off date and terms “no compensation for the encroachers” have

been announced clearly in the public meetings.

Replacement cost: according to the survey result, the substation, transmission

lines will be built in the rural area, almost land is used for permanent agricultural

production and the land unit price has been relatively steady for the last 3 years.

Through consultation with local authorities and residents, compensation unit

prices for land, houses, structures, crops of other projects in the region were applied

equivalent to the unit prices issued by PPC and accepted by affected households.

Hence, this RP applies the unit prices issued by PPC for estimation and allowances as

stipulated 2013 Land Law and relevant decrees, specifically as follows:

- The policy OP 4.12 of the World Bank (WB).

- 2013 Land Law No. 45/2013/QH13 (put into effect on 1st July 2014)

- Decree No. 43/2014/ND-CP dated 15th

May 2014 (and put into effect on 1st July

2014) by GOV regarding regulation on land price

- Decree No. 47/2014/ND-CP dated 15th

May 2014 (and put into effect on 1st July

2014) by GOV regarding regulation on compensation, assistance and resettlement

when the State requires land

- Decision No. 42/2013/QD-UBND dated December 18, 2013 of People's

Committee of Binh Dinh province promulgating price of land.

- Decision No. 41/2013/QD-UBND dated December 18, 2013 of People's

Committee of Binh Dinh province promulgating unit price of assets invested in land.

- Decision No. 40/2013/QD-UBND dated December 18, 2013 of Binh Dinh

People's Committee issued unit price of trees/crops.

The host province’s decisions are issued before the 2013 Land Law put into



effect. Furthermore, new decisions on unit price of land, assets and trees/crops usually

issued in the end of years (December) for application in the following year. Therefore,

at the time of RP preparation (October –November 2014), the unit prices in this RP are

applied based on the above decisions.

4.1.1. Compensation unit prices for land

The compensation unit price for land is based on Decision No. 42/2013/QD-

dated December 18th

, 2013, of the People's Committee of Binh Dinh province on

issuing land price on 2014 in Binh Dinh province, specifically:

+ For paddy land: apply the land price Grade 2 for delta area: 43,000VND/m2

+ For annual crop land: apply the land price Grade 2 for delta area:

43,000VND/m2

+ For perennial crops land: apply the land price Grade 2 for delta area:

24,000/m2.

+ Cemetery land: Equal to 40% of adjacent residential land prices or land in the

nearest neighborhood (where there is no adjacent) (According to price list No. 12-

42/2013/QD-UBND). Temporary land price at Phuoc An industrial area: 370,000

VND/m2.

4.1.2. Compensation unit prices for trees and crops

Compensation unit prices for trees and crops: based on Decision No.

40/2013/QD-UBND dated December 16th

, 2013 of Binh Dinh People's Committee

issued unit price for trees/crops during the land acquisition by the State.

+ The unit price of rice (Grade 2 land categories): 3,200 VND/m2

+ The unit price of crops (temporarily apply the unit price of corn): 2,830 / m2

+ Mango with good productivity: trees with a diameter of 15 to 30cm:

440,000VND/tree

+ The unit price of eucalyptus trees: trees with a diameter of 4 to 6 cm: 16.500

VND/tree

4.2. Assistance and rehabilitation

According to the survey result, impact level of the project is as follows:

- 01 AH (07 people) will be acquired 70% of their total productive land.

- 05 AHs (22 people) will be acquired from 20-70% of their total productive land

area.

- 01 AH (04 people) belongs to the vulnerable group.



In addition to direct compensation for damages, the above affected AHs will also

receive allowance for transportation, relocation, production and living rehabilitation,

vocational training and job creation, bonus, etc. These assistances will help APs

recover their livelihood.

In addition to the compensation for affected assets, the above affected AHs will

be provided with financial assistance to cover their expenses during the transition

period. The assistance levels will be adjusted, taking into account inflation factor and

price increase to be appropriate to the payment time. These will be detailed in the RP.

They include, but are not limited to:

1. Support for living stabilization: (a) DPs losing 20 - 70% of their agricultural

landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with the

amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to

relocate and 12 months in case of relocation. In some special cases, in extremely

difficult areas, the compensation may be provided for a maximum of 24 months; (b)

DPs losing more than 70% of their agricultural landholding will be assisted for 12

months if they do not have to relocate and 24 months in case of relocation. In some

special cases, in extremely difficult areas, the compensation may be provided upto a

maximum of 36 months;

2. Support for job changing (with several options provided depending on the

interest of the DPs): The support amount is 2 times of the agricultural land price for the

whole acquired agricultural area but not exceeding the local land allocation limit at the

moment of handing over land

3. Support for training, apprenticeships on vocational training establishments

in the province and exemption from tuition fees for the training courses for those of

working age (not applicable for those who enroll for a vocational training outside the

province). After finishing training courses, they will be given priorities to be recruited in

local manufacturers/businesses.

4. Support for the poor and vulnerable groups: Additional support will be

provided to the poor and vulnerable groups to ensure they will be able to restore the

losses and livelihood at least at pre-project level. This subproject will apply the support

level as 5,000,000 VND/household.

5. Other rehabilitation measures as agricultural extension services, job training

and creation, credit access, non-farm land allocation for non-farming business/activities,

and/or other measures as appropriate will be given to DPs losing major income sources

to ensure their livelihood is restored to the pre-project level.



6. Relocation bonus: A bonus of maximum 5 million VND will be awarded to

DPs who dismantle their houses and vacate their premises in accordance with the

resettlement schedule.

In addition to the presented assistance, the affected households are also entitled

to other supports defined in the existing legislation framework of Vietnam (if any).



V. CONSULTATION, PARTICIPATION AND DISCLOSURE

5.1. Community consultation and participation of people

Meaningful consultation has been carried out in the RP preparation time and will

continue during the RP implementation. In the public meetings and consultations held

in May 2014 with project-based stakeholders in the host communes, they were given

the Vietnamese version of summary document of the subproject. The topics discussed

in the public meetings and consultations were: (i) general information of the

Subprojects, its locations and features; (ii) list of project affected districts, communes

and the scale of possible land acquisition for the subproject transmission line; (iii)

objectives and principles of RP according to the requirements of the GOV and OP 4.12

of WB; (vi) compensation; (vii) issues on gender and vulnerable groups; and (viii)

mechanisms of DPs participation, grievance redress, monitoring and evaluation in all

phases of RP preparation, updating and implementation.

Participant components who were invited to the public consultation meeting

consist of representatives of project affected households, local authorities, Fatherland

Front Committee and other local organizations (Women Union, Farmers Associations,

etc.). Minutes of public consultation meetings and photos are presented in the Annex 5

of this report.

Participation and consultation activities will be continuously conducted

throughout various stages of the RPs implementation (e.g. planning, implementation,

monitoring). During these processes, public information and consultation will be

conducted to gather information for assessing the project resettlement impacts and to

provide recommendations on possible alternative technical options to reduce and/or

mitigate potential negative resettlement impacts on local population and to proactively

address issues or problems that may emerge during implementation. Local authorities,

affected communities and DPs will be informed about the project proposal, its

objectives and proposed activities, at an early stage of project preparation. The key

discussion points will be focused on the development needs and priorities of local

locality and their perception toward the project objectives. DPs will also be consulted

on project potential impacts and possible measures to reduce potential negative

impacts, and improve benefits for local people.



Table 6: Summary of the content of public consultation meeting

No

Location/

Time/

Participants

Method of

public

consultation

Questions of APs and

local authorities

Answers of representative

of the subproject owner Summary of issues discussed and opinions

1

- Location:

Phuoc An

CPC’s office

- Date: 7th

May

2014

- Participants:

28 (including 9

women)

Meeting

- Will unit prices of

compensation applied to

project be the same as the

current unit prices or at the

time of land acquisition?

- Will compensation for

losses of land, houses and

trees be implemented

before conducting land

acquisition?

- Unit price of

compensation is the unit

price at the time of land

acquisition

- The payment of

compensation and

allowances will be

completed prior to

conducting land acquisition

and clearance

1. Regarding compensation, assistance and

resettlement

- The current unit price of compensation for land,

trees and crops of the province is perfect fit with

market price. The compensation and assistance

should be completely paid before the construction.

2. Environmental Management Plan

- Prepare plans to recover the land after finishing

construction.

- The regulations and provision on environmental

protection should be complied.



5.2. Information disclose

The Vietnamese draft version of this RP report was publically disclosed at the PC

of affected commune and district (May 2014), CPPMB, and VDIC of the World Bank

office in Hanoi (October 2014). Final versions (English and Vietnamese) will also be

re-disclosed at project sites, CPPMB, VDIC and InfoShop of the World Bank in

Washington D.C.

5.3. Grievance redress mechanism

DPs are entitled to the complaints regarding their interests and responsibilities

in the Project implementation including but not limited to entitlements, compensation

policy, unit prices, land acquisition, resettlement and other entitlements related to the

recovery support programs. Complaints can also concern issues related to construction

safety and nuisances caused by construction. Grievance procedures should be

affordable and accessible procedures for third party settlement of disputes arising from

resettlement; such grievance mechanisms should take into account the availability of

judicial recourse and community and traditional dispute settlement mechanisms.

Local mass organizations such as Fatherland Front, Farmer’s Union, Women’s

Union will be mobilized to participate actively in the process of resolving complaints,

questions. The independent monitoring agency will be responsible for checking the

procedures for and resolutions of grievances and complaints. The independent

monitoring agency may recommend further measures to be taken to redress unresolved

grievances.

The mechanism of complaint and complaint and grievances resolution steps are

as below:

First Stage - At Commune People’s Committee (CPC)

An aggrieved DP may bring his/her complaint to any member of the CPC, in

writing or verbally. It is incumbent upon said member of CPC to notify the CPC about

the complaint. The CPC will meet personally with the aggrieved DP and will have 15

days following the lodging of the complaint to resolve it. The CPC secretariat is

responsible for documenting and keeping file of all complaints that it handles.

Second Stage - At District People’s Committee (DPC)

If after 15 days the aggrieved DP does not hear from the CPC, or if the CPC

gives its solutions, but DP is not satisfied with the decision taken on his/her complaint,

the DP may bring the case, either in writing or verbally, to any member of DPC or



DCB. The DCB in turn will have 30 days to resolve the case. The DPC is responsible

for documenting and keeping file of all complaints that it handles.

Third Stage - At Provincial People’s Committee (PPC)

If after 30 days the aggrieved DP does not hear from the DCB, or if the DP is

not satisfied with the decision taken on his/her complaint, the DP may bring the case,

either in writing or verbally, to any member of the PPC. The PPC has 45 days within

which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat

is also responsible for documenting and keeping file of all complaints that it handles.

Final Stage - Court of Law Decides

If after 45 days following the lodging of the complaint with the PPC, the

aggrieved DP does not hear from the PPC, or if he/she is not satisfied with the decision

taken on his/her complaint, the case may be brought to a court of law for adjudication.

Under no circumstance, can the DP be evicted from his/her property nor can the

Government take over his/her property without the explicit permission of the court.

DPs will be exempted from all administrative and legal fees. Besides that, an

escrow accounts for resettlement payments should be used when grievance is resolving

to avoid excessive delay of the project while ensuring compensation payment after the

grievance has been resolved. All queries, suggestions and grievances and their

resolution should be recorded and forwarded to the PC and its functioning monitored

monthly. The cost for Grievance redress included in the total cost of the project.



VI. SUPERVISION, MONITORING AND EVALUATION

Implementation of RP will be periodically supervised and monitored by the PMBs

in a close coordination with the Peoples' Committees at different administrative level and

independent monitoring agencies. The findings will be recorded in quarterly reports to be

submitted to EVN-NPT and World Bank.

6.1. Internal monitoring and supervision

Internal monitoring and supervision will:

- Verify that the baseline information of all AP has been collected including valuation

of assets lost or damaged, and the provision of compensation, resettlement and other

rehabilitation entitlements has been carried out in accordance with the provisions of

Policy Framework and this RP.

- Monitor the implementation of the RP as designed and approved.

- Verify the financial source provided to the CPPMB for the implementation of the

RP in accordance with the provisions of the RP and its policy framework.

- Record all grievances and their resolution and ensure that complaints are solved on

time.

- A staff, who is in charge of resettlement, compensation and clearance of this

project, is responsible to update information and maintain records based on the

following main activities.

Table 7: Main activities for internal monitoring and evaluation

No Activities in RP Implementation Describe

Yes No

1 Inform to Local People and Authorities

about the Subproject

2 Inventory of Loss

3 Survey on Replacement Cost

4 Prepare RP report

5

Approve RP

- CPPMB

- Provincial People’s Committee

- World Bank

6

Disclosure RP

- Subproject location:

- CPPMB

- VDIC/Infoshop

7 Inventoryand Measurement

8 Applied compensation prices (transfer from

RP)



No Activities in RP Implementation Describe

Yes No

9 Establish detail compensation plan

10 Approvecompensation plan

11 Proclaim compensation plan

12 Amend and approval (if any)

13

Pay compensation (included updates on

RP’s estimation – for example number of

AHs, expense, level of impact, etc)

14 Internal monitoring

15 Independent Monitoring

16 Report on Implement

17 Record and solve grievance

18

Public consultation and participation of

people

- Consultation meeting

- Provide Information Booklet

19 Coor dinate with other agencies (especially

Compensation Resettlement Committee)

20 Evaluate middle-termand final-term (up to

project schedule)

6.2. Independent monitoring

An independent agency or individual consultant will sign contract with PMBs to

periodically carry out external monitoring and evaluation of the implementation of the

RP. The independent agencies might be academic or research institutions, Non-

Governmental Organizations (NGO) or independent consulting firms, that have qualified

and experienced staff according to terms of reference of the World Bank. Independent

monitoring begins about the same time as implementation activities and continues until

the end of the project. The independent monitoring agency will:

- Determine whether the procedures for APs participation and delivery of

compensation and other rehabilitation entitlements has been done in accordance with the

Policy Framework; and

- Assess if the Policy Framework objective of enhancement or at least restoration of

living standards and income levels of DPs have been met.

- Gather qualitative indications of the social and economic impact of the project’s

implementation to APs.

- Suggest modification in the implementation procedures if necessary, to achieve the

principles and objectives of the Resettlement Policy Framework.

6.3. Report

Internal monitoring organization will make report quarterly with detail schedule of



RP implementation. These reports will be submitted to CPPMB, NPT and WB. Terms of

Reference (TOR) for independent monitoring will be presented fully in contract between

CPPMB and such independent monitoring.

A Resettlement Plan cannot be considered as completed until a completion audit

or survey confirms that all entitlements have been received by beneficiaries and

livelihood restoration is progressing on schedule.



VII. IMPLEMENTATION SCHEDULE

7.1 Implementation responsibility

Central Power Project Management Board (CPPMB) has responsibilities as

follows:

- Prepare RP in accordance with the RPF. Coordinate with the provincial People’s

Committees and local authorities to obtain consensus from provincial People’s

Committee for the RPs and submit them to the WB for review and clearance.

- Develop and implement a training program for the provincial and district People’s

Committee, relevant stakeholders involved in RP implementation and Grievance Redress.

- Where relevant, provide technical support in identifying the replacement cost to

inform compensation rate during the RP implementation.

- Prepare financial source for RP preparation and implementation;

- Conduct internal monitoring of RP implementation as per requirements set out in

the project’s Resettlement Policy Framework (RPF) and the RP.

- Prepare bi -annual progress reports and submit to WB

- Designate staff with solid experience in resettlement and familiar with Bank’s

safeguard policies as a social focal point for PMB.

- Take part in compensation, support and resettlement council at local level and

ensure that the agreed RPs are properly implemented, documented and reported.

- Work closely with competent governmental agencies to address concern,

grievances related to resettlement process.

Binh Dinh Provincial People’s Committee (PPC) has responsibilities as follows:

- To direct, organize, propagate and mobilize all organizations and individuals

concerning compensation, support and resettlement policies and ground clearance

according to the land recovery decisions of competent State bodies;

- To direct the provincial/municipal services, departments, branches and district-

level People's Committees: (i) To draw up resettlement and resettlement area plans in

service of the land recovery; (ii) To draw up compensation, support and resettlement

plans according to their competence;



- To approve or assign the district-level People's Committees to approve

compensation, support and resettlement plans;

- To approve land prices; promulgate the property price tables for compensation

calculation; prescribe support levels and supporting measures according to their

competence; resettlement arrangement plans, job change training plans according to their

assigned competence;

- To direct the concerned agencies to settle citizens' complaints, denunciations

related to compensation, support and resettlement according to their law-prescribed

competence;

- To guarantee impartiality and equity when considering and deciding on the

compensation, support and resettlement when land is recovered by the State according to

their competence prescribed in this Decree;

- To decide or assign the district-level People's Committees to apply coercion to

cases of deliberately failing to abide by the State's land recovery decisions according to

their competence;

- To direct the examination and handling of violations in the compensation, support

and resettlement domain.

The People’s Committee of Tuy Phuoc District has responsibilities as follows:

- To direct, organize, propagate and mobilize all organizations and individuals

concerning compensation, support and resettlement policies and ground clearance

according to the land recovery decisions of competent State bodies;

- To direct the compensation, support and resettlement councils of the same level to

draw up, and organize the implementation of, the compensation, support and resettlement

plans; approve the compensation, support and resettlement plans according to the

responsibility assignment by the provincial-level People's Committees;

- To coordinate with the provincial/municipal services, departments and branches,

organizations and investors in executing investments projects to build and plans to create

resettlement areas in their localities according to the assignment of the provincial-level

People's Committees;

- To settle citizens' complaints, denunciations related to compensation, support and

resettlement according to their assigned competence; issue coercive decisions and

organizing coercion in the cases falling under their competence; coordinate with the



functional agencies in organizing coercion according to the decisions of competent

bodies.

District compensation and resettlement council shall assist the People's

Committees of the same level in making, and organizing the implementation of,

compensation, support and resettlement arrangement plans; work on the collective

principle and decide by majority; where the numbers of votes for and against are equal,

the opinion of the side joined by the council chairman shall be followed. Responsibilities

of council members are as follow:

- The council chairman shall direct the council members to make, submit for

approval and organize the implementation of, the compensation, support and resettlement

plan;

- The investor shall be responsible for assisting the council chairman in making the

compensation, support and resettlement plan, ensuring sufficient funds for timely

payment of compensation, support and resettlement money;

- Representatives of persons who have land recovered shall be responsible for

reflecting the aspirations of persons who have land recovered, persons who must be

relocated; mobilizing persons who have land recovered to move and clear the ground

according to schedule;

- Other members shall perform the tasks as assigned and directed by the council

chairman, suitable to their respective branches.

- The compensation, support and resettlement councils shall be responsible for the

accuracy and rationality of inventory statistics, the legality of land and property eligible

or ineligible for compensation, supports in the compensation, support and resettlement

The People’s Committees of Phuoc An Commune shall have the responsibilities:

- To organize propaganda on the land recovery purposes, compensation, support

and resettlement polices of the projects;

- To coordinate with the compensation, support and resettlement councils in

certifying land and property of persons who have land recovered;

- To join in, and create conditions for, the payment of compensation and support

money to, and arrange resettlement for, persons who have land recovered, and create

conditions for the ground clearance.

Project’s Affected People (PAH)



- APs are responsible for providing relevant papers on land use right certificate,

ownership of other assets.

- APs are responsible for carefully checking on their lost assets and respective

entitlements and clear land in a timely manner once APs receive their full entitlements.

Independent monitoring agency:

An independent agency is responsible to supervise and evaluate the implementation

of RP for the project. This agency will submit periodically monitoring reports during

implementation of RP and suggest solving measures for all identified issues to CPPMB

and WB.

7.2. Implementation schedule

The following is proposed RP implementation schedule

Schedule for CPPMB and CRC:

a. Set up RP April/2014

b. Commencement of public information May/2014

c. Review and clear of RP by the WB Oct - Dec/2014

d. Establishment of subproject CRC Jan/2015

e. Commencement of field works (detail measures survey) Feb/2015

f. Commencement of payment of compensation Mar/2015

Schedule for APs:

1. Commencement of declaration on quantity and status of properties Feb/2015

2. Commencement of receiving compensation and ground clearance Mar/2015

Bidding

Commencement of bidding for equipment and civil works Feb/2015

Civil works Feb/2015 – Sep/2015

Monitoring Feb/2015 – Sep/2015

All modifications introduced to the RP after issuing the Non-Objection Letter

requires review and agreement of the WB before proceeding.



VIII. COST AND BUDGET

8.1. Basic of cost estimation

Compensation cost estimation for affected land, houses, assets and architectural

structures based on:

- Resettlement Policy Framework (RPF) of the Transmission Efficiency Project

(TEP).

Decree No. 47/2014/ND-CP dated May 15, 2014 of the Government regulating

conpensation and resettlement when the Government reclaim land.

Decree No. 44/2014/ND-CP dated May 15, 2014 regulating land prices.

Decree No. 43/2014/ND-CP dated May 15, 2014 regulating the implementation of

some Article of the Law on Land.

- Survey on the replacement cost and the market price for land, houses, structures

conducted by PECC4 in July 2014.

- Decision of the People’s Committee of Binh Dinh province

Decision No. 50/2012/QD-PPC dated 20 December, 2012 of the Binh Dinh

provincial People's Committee regarding policy on compensation, support and

resettlement when the State recovers land in Binh Dinh province.


Committee of Binh Dinh Province on the promulgation of land price on 2014 in

the province of Binh Dinh.


Committee of Binh Dinh Province on unit prices to compensate for damage to

houses, structures and graves when the State recovers land in Binh Dinh province.


Committee of Binh Dinh Province on unit prices to compensate for damages to

trees and crops when the State recovers land in the province of Binh Dinh.

8.2. Survey on Replacement Cost

According to the survey result, the substation, transmission lines will be built in the

rural area, almost land is used for permanent agricultural production and the land unit

price has been relatively steady for the last 3 years.

Through consultation with local authorities and residents, compensation unit prices

for land, houses, structures, crops of other projects in the region were applied equivalent

to the unit prices issued by PPC and accepted by affected households. Hence, this RP

applies the unit prices issued by PPC for estimation.



At the time of implementation of RP, compensation unit prices will be updated to

ensure that AHs will be compensated at replacement cost for their losses.

8.3. Cost estimation for the implementation of RP

The financial source for RP implementation is from counterpart fund of EVN-NPT

and CPPMB. The funds will be transferred to CRC who is responsible for:

Payment of compensation and all entitled allowances directly to AHs, and

Payment to cover costs of overall RP activities.

It should be noted that the unit prices applied in this RP is only for estimation

(during RP preparation). At the time of RP implementation (expected in 2015), the

compensation price will be updated to ensure that the affected persons will be

compensated at replacement cost for their losses.

The contingency component would cover such differences by the time of actual RP

implementation. This cost was included in provision costs of the subproject.

8.3.1. Cost of detail measurement survey

- Land survey fees: 5,000,000VND

- Land survey cost: 100,000,000 VND

- Cost of setting up landmarks for clearance: 100,000,000 VND

Total : 205,000,000 VND.

8.3.2. Cost of compensation

- Based on the type of impact and scale of effects described in the sections above,

cost of compensation and living rehabilitation includes:

- Compensation for land permanently occupied.

- Compensation for trees and crops cut down during clearance.

According to the World Bank's policies, in case land acquired more than 20% of the

total productive land (more than 10% for the poor and vulnerable group) the subproject

will acquire the entire land area.

The project has 06 households losing more than 20% of their total productive land

area.



Table 8: Compensated land area

No Category Unit Amount

I LAND

1 Annual crop land m2 9,549

2 Perennial land m2 142,118.20

3 Paddy field m2 309.42

4 cemetery land m2 1,500.00

II TREE, CROP

1 Mango tree 2,865.00

2 Eucalyptus tree 22,340.00

3 Corn m2 15,438.00

4 Rice m2 9,400.00

Table 9: Compensation price

No Land use Unit Amount Unit price

(VND)

Total

(VND)

COST FOR COMPENSATION 5,759,728,400

I LAND (Decision No 42/2013/QD-UBND

dated December 18, 2013 of PC of Binh Dinh province) 4,056,748,860

1 Annual crop land m2 9,549,00 43,000 410,607,000

2 Perennial land m2 142,118,20 24,000 3,410,836,800

3 Paddy field m2 309,42 43,000 13,305,060

4 Cemetery land m2 1,500,00 148,000 222,000,000

II

TREE, CROP

(Decision No 40/2013/QD-UBND dated December 16, 2013

of the PC of Binh Dinh province) 1,702,979,540

1 Mango tree 2,865,00 440,000 1,260,600,000

2 Eucalyptus tree 22,340,00 16,500 368,610,000

3 Corn m2 15,438,00 2,830 43,689,540

4 Rice m2 9,400,00 3,200 30,080,000

8.3.3 Cost of assistances

Based on types and scale of impacts are described in above sections, the assistance

cost of the subproject includes:

- Assistance for training, apprenticeships on vocational training establishments in

the province and job changing.

- Assistance for living stabilization.

- Assistance for vulnerable group.

APs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor

and vulnerable groups) will be provided assistance with the amount equivalent to 30 kg



of rice/person/month for 06 months if they do not have to relocate.

Table 10: Cost of assistances

No CONTENT Unit Quantity

Unit

price

(VND)

Factor Total (VND)

ASSISTANCE 3,794,921,720

I Assistances for stabilizing

living and production 84,240,000

1

Assistances for stabilizing

living and production for APs losing

more than 70% of their agricultural

landholding: (equivalent to 30 kg of

rice/person/month for 12 months if

they do not have to relocate).

People 7 13,000 360 32,760,000

2

Assistances for stabilizing living and

production for APs losing more than

20% - 70% of their agricultural

landholding: (equivalent to 30 kg of

rice/person/month for 06 months if

they do not have to relocate).

people 22 13,000 180 51,480,000

II Assistances for job changing

and creation 3,705,681,720

1 Annual crop land m2 9,549,00 43,000 2 821,214,000

2 Perennial land m2 59,538,70 24,000 2 2,857,857,600

3 Paddy field m2 309,42 43,000 2 26,610,120

III Assistance for poor and vulnerable

households AHs 1 5,000,000 1 5,000,000

8.3.4 Cost for CRC

Cost for CRC is estimated maximum at 2% of total cost of compensation and

allowance and preparation of RP

8.3.5 Cost of independent monitoring

Cost of the independent external monitoring of RP implementation is estimated at

200,000,000 VND.

The external concerned monitoring agencies will prepare technical and financial

proposals for bidding and actual cost will be determined after bidding.

8.3.6 Contingency

Contingency is estimated at 10% of total cost of compensation and allowance and

preparation of RP



8.3.7 Total cost of RP implementation

Table 11: Total cost for RP implementation

No Content Amount (VND)

A Preparation cost (detailed measurement) 205,000,000

B Compensation cost 5,759,728,400

C Allowance cost 3,794,921,720

D Cost for CRC = 2% *(B+C) 191,093,002

E Cost for external monitoring agency 200,000,000

F Contingency = 10%* (A+B+C) 975,965,012

TOTAL 11,126,708,134



ANNEXES

1. Overall construction ground

2. Picture of project’s site

3. Entitlement Matrix

4. Location/Site agreement

5. Photos and Minutes of meetings on public consultation

6. List of affected people



Annex 1: Overall construction layout



Annex 2: Picture of project’s site


Power Engineering Consulting J.S Company 4 (PECC4) 49

Annex 3: Matrix of entitlement

Type of Loss/

Impacts Application Entitlements Implementation Arrangements

1. Productive

land1(Agricultural,

garden, pond land,

etc.) either in or

out of the

residential area.

Legal land users

1.1. Marginal loss

(<20% of land

holding or <10% for

vulnerable group)

The remaining area

of affected plot is still

economically viable

for use or meets the

expected personal

yield.

Cash compensation at replacement cost

(free from taxes and transaction costs) at

100% replacement cost for the lost area.

- Affected households to be notified at least ninety days

before land recovery by the Project.

- The owner of land will hand over the land within 20 days

from the date District Compensation Board fully pays

compensation for land.

- For vulnerable and severely affected households, affected

farmers, including landless, allocation of arable land equal

per capita arable land in commune. If there no land

available for allocation or, on the DPs’ request through

informed choice, training/ rehabilitation programs will be

provided to at least restore, if not improve, their income

and living standards.

1.2. Loss >20% or

>10% for vulnerable

groups

Land for land compensation should be as

the preferred option. If land is not available,

or at the DP’s choice, cash compensation

can be provided for the lost area at 100% of

- Other assistance options which each province could

decide based on the locality conditions.

- Affected households to be notified at least ninety days

1 The sub-categories of productive land such as agricultural, forestry, garden, aquaculture and pond will be compensated at different rates. These will be specified and detailed in the

Resettlement Action Plans to ensure the compensation is reflective of current rates and takes into account geographic variation. Land on which businesses are located will be

compensated as detailed in the section on relocation of business.



Type of Loss/


land replacement cost. The DP will be

provided with the additional rehabilitation

measures to restore the lost income sources

before land recovery by the Project (Land law-2013;

Article 67).


from the date District Compensation Board/ Land Fund

Development Center has paid compensation and other

allowances in full.

- For poor, vulnerable and severely affected farmers,

including landless, allocation of arable land equal to per

capita arable land in commune, or if there no land

available for allocation or, on the DPs request through

informed choice, training/ rehabilitation programs will be

provided to at least restore, if not improve, their income

and living standards.

Land Users with

temporary or leased

rights to use land.

Cash compensation at the amount

corresponding to the remaining investment

on the land or corresponding to the

remaining value of the land rental contract.

Land Users who do

not have formal or

customary rights to

DPs will receive assistance corresponding

up to 100% of the land value in cash. In

addition to above, rehabilitation/training



Type of Loss/


the affected land assistance will be provided.

In case the DP uses public land where there

was previous agreement to return the land

to the Government when so requested, they

will not be compensated for the acquired

public land but will be compensated for

structures, crops, trees and other assets on

the land at 100% of the replacement cost.

2. Residential land

2.1. Marginal loss

(i.e., land is still

viable for use and not

requiring relocation).

Compensation for loss of land in cash at (i)

replacement cost to the legal and legalizable

land users; (ii) An financial assistance of an

agreed amount to the land users not having

recognizable land use right.

If DPs have to rebuild their houses, they will

receive a house rental allowance for 3

months in recognition of the time needed to

rebuild their houses.

- Affected household to be notified at least 180 days before

land recovery by the Project.



Development Center has paid compensation in full.



Type of Loss/


2.2. Relocated DPs

(i) Legal or legalizable land users:

It land is not available, a land plot in a

resettlement site or apartment will be

provided to the DP, in consultation with

them. They will have full land title or

apartment ownership title without any cost to

them.

Or, on request of the DPs through informed

choice, cash compensation at full

replacement cost plus the amount equivalent

to the value of the infrastructure

investments calculated averagely for each

household in a resettlement site. In this

case, they will be expected to relocate

themselves.

If the compensation amounts to less than the

cost of a land plot in the project’s

resettlement site, DPs will be provided

additional supported to enable them to

- Affected household to be notified at least 180 days before

land recovery by the Project.



Development Center has paid compensation in full.

The process of compensation for a plot at the resettlement

site will be as follows:

- If the selling cost of plot(s) at the new site is more than

the value of the affected residential land, DPs receive new

plot at no additional cost.

- If the plot(s) at the new site is equal the value of affected

residential land, DPs receive new plot at the new site

without any balance.

- If the plot(s) at the new site is less than the value of

affected residential land, DPs will receive plot and the

difference in cash.

The planning and detailed design for the relocation sites



Type of Loss/


acquire the land plot (or cash assistance

will be provided equivalent to this

difference for self-relocated DPs).

(ii) DPs who do not have formal, or

customary rights to the affected land:

An identified assistance amount will be

provided based on the level of legality of the

land and on a case by case basis.

If the DP has no place to move, a land plot

or an apartment satisfactory to them will be

provided in the resettlement site.

In case the relocated DP belong to

vulnerable groups, the project will consider

providing them with additional assistance

(in cash and kind) to ensure that they can

afford to relocated to a new site.

will be done by consultant of DCB/ CLDF in consultation

with stakeholders and then approved by the PPC.

Detailed regulation on plot allocation will be developed by

DCB/CLDF through consultation with commune and DPs,

followed by approval of PPC.

For relocating households, assistance is in form of land-

for-land of similar characteristics with title at no cost. The

replacement land is no less than 40m2, or compensation in

cash with equal value if DP opts for self-relocation.

Area and number of resettlement sites will be decided in

consultation with DPs.



Type of Loss/


For poor or vulnerable DPs who have no other residential

land in the same as their affected commune, the project

will provide either a residential plot of minimum size at a

common resettlement site, or an individual resettlement

site, with title to the land (plot of 40 m2 in urban area and

100m2 in rural area); or on request of the DP, through

informed choice, an assistance amount corresponding 60%

of the land replacement cost for them to rearrange

relocation by themselves.

3. Houses

3.1. Partial impact:

Unaffected portion of

the house is still

viable for use and

could be remained

from the technical

viewpoints, therefore,

require no relocation.

- If house/structure is partially affected and

the remaining structure is viable for

continued use, the project will provide a

house/structure repair cost, in addition to

the compensation for affected portion at

replacement cost, to enable DPs to restore it

to former or better conditions.

- Compensation for other structures/fixed

assets will be at full replacement cost and

will be in cash.

The calculation of rates will be based on the actual affected

area and not the useable area.



Type of Loss/


3.2. Full impact (i.e.,

house is partially

acquired by the

project but no longer

viable for continued

use or the entire

structure is acquired).

- Compensation in cash for entire affected

structures will be provided at 100% of the

full replacement cost for materials and

labor, regardless of whether or not they

have title to the affected land or permit to

build the affected structure. The amount

will be sufficient to rebuild a structure the

same as the former one at current market

prices. No deductions will be made for

depreciation or salvageable materials.

- Compensation for other structures/fixed

assets will be at full replacement cost and

will be in cash. Tenants of state or

organization’s houses will be: (i) entitled to

rent or buy a new apartment of the area at

least equal to their affected ones; or (ii)

provided an assistance equal 60% of

replacement cost of the affected land and

houses. Any investments such as structures,

trees, crops etc. made on the land by the

DPs will be compensated at their full

replacement cost.

The calculation of rates will be based on the actual affected

area and not the useable area.



Type of Loss/


The tenants who are leasing a private house

for living purposes will be provided with

transportation allowance for moving their

assets. They will also be assisted in

identifying alternative accommodation.

4. Crops and

Trees, aquaculture

products

Owners regardless of

tenure status

For annual and perennial standing crops or

trees, aquaculture products regardless of the

legal status of the land, compensation in

cash will be paid to the affected persons,

who cultivate the land, at full replacement

cost in local markets to ensure the

compensation is sufficient to replace the

lost standing crops, trees or aquaculture

products.

DPs will be given notice several months in advance

regarding evacuation. Crops grown after issuance of the

deadline will not be compensated.

6. Public

structures

Loss of, or damage to

assets

Either in (i) cash compensation to cover the

cost of restoring the facilities or (ii) in kind

compensation based on the negotiation

between District Compensation Board/

Land Fund Development Center and owners

of assets.

For public structures, the displacement will be carried out

by the owners prior to the start of works.



Type of Loss/


7. Communal-

owned assets,

collective assets

Loss of,, or damage

to assets of village,

ward, commune,

district, provincial

government unit.

Either (i) cash compensation to cover the

cost of restoring the facilities or (ii) in kind

compensation based on the negotiation

between DCB/ CLDF and owners of assets.

For the communal owned assets directly affecting lives and

production activities of the community, restoration must be

done prior to the start of works.

8. Graves

Have to move the

graves or tombs

- All costs of excavation, relocation and

reburial will be reimbursed in cash to the

affected family.

- Graves to be exhumed and relocated in

culturally sensitive and appropriate ways.

9. Loss of Income/

Livelihood due to

loss of productive

land

Impacts due to

permanent loss of

20% or more of their

total productive land

or where <20% land

affected but the

remaining land is

rendered unviable.

(Legal, legalizable

- Allowance for Loss of Livelihood:

Affected person will be compensated with

one-time payment at cash equivalent to 30

kg of rice/person/month at local market

price , including:

(a) DPs losing 20 - 70% of their agricultural

landholding (or 10 - 70% for the poor and

vulnerable groups) will be provided with the

amount equivalent to 30 kg of

The amount will be given in tranches every 6 months to

coincide with the cropping season while affected

households are taking part in the income restoration

program in order to restore their pre-project

income/livelihood.



Type of Loss/


land users and DPs

with lease agreement

over the affected

land)

rice/person/month for 6 months if they do

not have to relocate and 12 months in case of

relocation. In some special cases, in

extremely difficult areas, the compensation

may be provided for a maximum of 24

months;

(b) DPs losing more than 70% of their

agricultural landholding will be assisted for

12 months if they do not have to relocate and

24 months in case of relocation. In some

special cases, in extremely difficult areas,

the compensation may be provided upto a

maximum of 36 months; .(c) Households

affected by loss of less than 20% of land,

where the remaining land is rendered

unviable for continued use, will be assisted

with the above support plus any additional

support as determined, for a period of 12

months. In case of land-for-land

compensation, DPs will be assisted with

seedlings, agricultural-forestry extension

programs, husbandry etc.



Type of Loss/


Support for job changing: Every DP

affected by loss of productive land,

irrespective of the degree of impact, will be

provided with additional assistance

equivalent to 2 - 5 times the compensation

amount.

Support for vocational training and job

creation: DPs will be exempted from

exemption from tuition fees for the training

courses for those of working age (not

applicable for those who enroll for a

vocational training outside the province).

After finishing training courses, they will be

given priorities to be recruited in local

manufacturers/businesses.

10. Loss of

Income/

Livelihood due to

relocation of

business

Marginal impacts



Type of Loss/


Owner of the affected

business and

employees

For DPs losing income and/or

business/productive assets as a result of

land acquisition, the mechanism for

compensating will be:

The registered non-farm

producer/business DPs, who have income-

generating and/or business/productive assets

affected, will be given cash business

assistance for the loss of business income,

equivalent to 50% of the annual average for

the last 3 years net income. (This amount is

equivalent to 100% of monthly net income

for 6 months).

The non-registered business or non-

farm producer DPs, whose operations are

recognized by local authority and who have

income and/or business/productive assets

affected, will be given assistance in cash for

the income losses for three months at the

minimum

If the business has to be relocated,

then, a priority to provide a replacement

business site accessible to customers, or,

compensation in cash for the affected area at

a replacement cost, plus transportation

allowance to remove movable attached



Type of Loss/


assets. If there is no land available, then the

business/non-farm producer DPs will be

entitled for rehabilitation measures such as

job training, credit access to help restore the

income sources

Relocating shop

owners regardless of

tenure status.

If the business has to be relocated, the

project will provide alternative site with

local advantage and physical attributes

similar to the land lost with easy access to

customers base, satisfactory to the DP, OR

compensation in cash for the affected land

at replacement cost, plus transportation

allowance for movable attached assets.

DPs will be given priority for business relocation along

highway, communal roads and along canals near the

bridges or footbridges in order to maximize their benefit

from business opportunities. At the time of compensation,

allowances will be adjusted to account for inflation.

11. Allowances

/Assistance

Targeted to

Vulnerable

Households

Loss of land and non-

land assets

Affected vulnerable

groups regardless of

severity of impacts.

The vulnerable

groups were defined

Specific assistance to vulnerable groups

would be as follows:

-Social Policy: (i) Relocating Households

that include heroic mothers, war veterans,

wounded or dead soldiers families will be

provided with support as regulated by the

PPCs but not less than VND 10 mil per

- Allowance for households as per Government regulation

(social policy households, heroic mothers, wounded, dead

soldiers). If the household eligible to more than one

additional support allowance for the vulnerable people,

only one package with the highest value will be applied.



Type of Loss/


as in Terms of

Terminology

household: (ii) Poor Relocated Households

or Poor Households where 20% or more of

their productive land is affected or where

<20% land is affected but the remaining

land is rendered unviable: 3-5 mil/HH (to be

certified by local authority).

- Other vulnerable groups affected by the

Project, whether they have to relocate or

not, (female headed households,

households with disabled persons, elderly

without any source of support, ethnic

minority households) will get the same

support given to poor households in

accordance with the provincial policy but

not less than VND 3 mil per household.

- These households are entitled to take part

in Income Restoration Program

12. Other

Allowances/

Assistances

Loss of land and non-

land assets

Incentive Bonus: A bonus of maximum 5

million VND will be awarded to DPs who

dismantle their houses and vacate their

premises in accordance with the

resettlement schedule.



Type of Loss/


Repair Allowance: If house/structure is

partially affected and the remaining

structure is viable for continued use, the

project will ensure that these will be

restored or repaired at no cost for the

community and to the community’s

satisfaction.

The relocating households with children

who are going to schools will be supported

with 1-year tuition as regulated by the

Ministry of Education

Based on the actual situation of the locality,

the PPC Chairman issues other allowances

to ensure accommodation and livelihood

restoration for DPs. Special cases have to be

submitted to the Prime Minister for

approval.

13. Temporary

impacts

Temporary loss of

land

Compensation for all affected

assets/investments made on the land,

If the quality of land is radically changed when returned to

DPs, requiring DPs to change in the types of land use; then



Type of Loss/


and assets. including trees, crops etc., at full

replacement cost;

Cash compensation for land temporarily

acquired in the form of rent which is at

least equivalent to the net income that

would have been derived from the affected

property during the period of disruption;

Restoration of the land within 3 months

after use: The contractor is expected to

return the land in its original condition

within 3 months of the termination of the

civil works.

DPs should be compensated for all envisaged cost of

losses.

14. Any other

impacts that may

be identified

during

implementation

Individuals,

organizations in the

project area

Entitlements to compensation and other

assistance would be provided in accordance

with the compensation policy.

Secondary impacts on production and

business or DPs isolated from access to

resources temporarily have to be

compensated and supported in accordance

with RP.

In case of impacts on livelihoods of DPs, the contractors,

construction units have to agree with the households on

payment for disruption of business.



Annex 4: Legal documents for the subproject

1. Letter No.4278/EVNNPT-QLĐT dated Dec. 11th

, 2012 by the NPT concerning

procedure of Phuoc An 220kV switching substation implementation;

2. Letter No.611/UBND –TNMT dated Nov. 1st, 2010 by Tuy Phuoc DPC

concerning in response to the Letter No.1496/TVĐ4 – P4 dated Oct. 16th

, 2010

by PECC4;

3. Letter No.3593/UBND –KTN dated Oct. 27th

, 2011 by Binh Dinh PPC

concerning the location of 220kV substation in Phuoc An commune, Tuy Phuoc

district.


Power Engineering Consulting J.S Company 4 (PECC4)


Power Engineering Consulting J.S Company 4 (PECC4)

Annex 5: Photos and Minutes of meetings on public consultation

TEP - Phuoc An 220kV

Switching Substation F/S

Power Engineering

Consulting J.S Company 4

(PECC4)

Trạm cắt 220kV Phước An

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