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Social Monitoring Report 1st Independent Monitoring Report January 2014

VIE: Power Transmission Investment Program,

Tranche 2 – 500kV Pleiku-My Phuoc-Cau Bong

Transmission Line (Dak Nong Province)

Prepared by the Central Vietnam Power Projects Management Board for the National Power

Transmission Corporation and the Asian Development Bank.

This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

NATIONAL POWER TRANSMISSION CORPORATION CENTRAL VIETNAM POWER PROJECT MANAGEMENT BOARD

PLEIKU – MY PHUOC – CAU BONG 500 KV TRANSMISSION LINE PROJECT

FIRST MONITORING REPORT

INDEPENDENT MONITORING ON RESETTLEMENT AND ETHNIC MINORITY

DAK NONG PROVINCE

Investment Consultancy and Technology Transfer Co., Ltd (InvestConsult Group)

For General Director

Deputy General Director

LE CHI CUONG

January - 2014

INVESTCONSULT GROUP 2

TABLE OF CONTENT

I. INTRODUCTION ............................................................................................ 6

1.1. Objective of the project ........................................................................ 6

1.2. Project scale and scope ......................................................................... 6

1.3. Resettlement impacts of Dak Nong province .......................................... 8

1.3.1. Impacts on land acquisition ................................................................... 8

1.3.2. Impacts on trees-crops ........................................................................... 9

1.3.3. Impacts on houses and other structures ................................................. 9

1.3.4. Severely Affected Households .............................................................. 10

II. LEGAL FRAMEWORK AND COMPENSATION POLICIES ............... 10

2.1. Legal framework ................................................................................. 10

2.1.1. The legal background of Vietnam’s Government ........................... 10

2.1.2. Policy of Sponsor .............................................................................. 13

2.2. Gaps between National Laws and ADB Policy ................................. 15

III. INDEPENDENT MONITORING .............................................................. 22

3.1. Independent monitoring for RP and REMDP ................................. 22

3.2. Monitoring objective and basis .......................................................... 22

3.3. Scope of work....................................................................................... 22

3.4. Monitoring indicators ......................................................................... 22

3.4.1. Monitoring indicators for RP ............................................................... 23

3.4.2. Monitoring of the implementation of REMDP .................................. 24

3.5. Implementation method ..................................................................... 24

3.5.1. Information collection ....................................................................... 24

3.5.2. Sampling ............................................................................................ 25

IV. THE RESULTS/ FINDINGS THROUGH RMDPS MONITORING .... 26

4.1. Implementation progress of the project ............................................ 26

4.2. Implementation organization of REMDPs ....................................... 29

4.3. Monitoring indicators ......................................................................... 29

4.3.1. Information dissemination ................................................................ 29

4.3.2. Compensation payment ..................................................................... 30

4.3.3. Infrastructure recovery ..................................................................... 32

4.3.4. Providing resettlement locations ...................................................... 32


4.3.5. The communication activities on prevention of HIV / AIDS and human trafficking ........................................................................................... 33

4.3.6. Ethnic Minority Development Plan ................................................... 33

4.3.7. Satisfaction level ............................................................................... 33

4.4. The problems during implementation process ................................. 34

4.4.1. Dak R’Lap district ............................................................................. 34

4.4.2. Tuy Duc district ................................................................................. 34

4.5. Recommendation and measures ........................................................ 34

V. CONCLUSION AND RECOMMENDATION ........................................... 38

5.1. Conclusion ............................................................................................ 38

5.2. Recommendation ................................................................................. 38

ANNEX 1. LIST OF INTERVIEWED OFFICIALS ...................................... 39

ANNEX 2. LIST OF INTERVIEWED AHS ........................................................ 40

ANNEX 3. IMAGES OF MONITORING SITE ............................................. 43

ANNEX 4. APPROVAL DECISION/COMPENSATION PLAN ................. 44

ANNEX 5. SOME PETITIONS OF HOUSEHOLDS .................................... 49

ANNEX 6: SURVEY TOOL .................................................................................. 52

ANNEX 6A: CONSULTATION OF COMMUNAL AUTHORITIES ........ 52

ANNEX 6B: INTERVIEW FORM FOR AFFECTED HOUSEHOLDS..... 54


LIST OF TABLES

Table 1: Components of the Project .......................................................................... 6 Table 2: Summary of main features of 500 kV Pleiku – My Phuoc – Cau Bong Transmission Line ...................................................................................................... 7 Table 3: Permanent land acquisition in 500 kV Pleiku – My Phuoc – Cau Bong project.......................................................................................................................... 8 Table 4: Types of affected land (m2) .......................................................................... 9 Table 5: Summary of affected trees- crops ................................................................ 9 Table 6: Summary of affected houses and structures............................................. 10 Table 7: Comparison between Decree 197/ND-CP, Decree 69/ND-CP and 2009 SPS of ADB .............................................................................................................. 16 Table 8: Monitoring area ......................................................................................... 22 Table 9: The number of interviewed AHs ............................................................... 26 Table 10: Construction progress ............................................................................. 27 Table 11: Forms of information dissemination ...................................................... 30 Table 12: The completeness in number of AHs’ property ...................................... 31 Table 13: Satisfaction level ...................................................................................... 34 Table 14: Recommendation problems ..................................................................... 35


ABBREVIATIONS

ADB : Asian Development Bank

RP : Resettlement Plan

REMDP : Resettlement and Ethnic Minority Development Plan

AHs : Project Affected Households

APs : Affected People

ROWs : Right of Ways

HCMC : Ho Chi Minh City

LURC : Land Use Right Certificate

IOL : Inventory of Losses

PPTA : Project on Preparatory Technical Assistance

NPT : National Power Transmission Corporation

CPMB : Central Vietnam Power Projects Management Board

USD : United States Dollars

PECC4 : Power Engineering Consulting Company 4

PIC : Project Implementing Consultant

DMS : Detailed Measurement Survey

MARD : Ministry of Agriculture and Rural Development

PC : People’s Committee

SPS : Safeguard Policy Statement

SR2 : ADB’s Safeguard requirement No. 2 in 2009

SR3 : ADB’s Safeguard requirement No. 3 in 2009

CLRD : Center for Land Resource Development


I. INTRODUCTION

The Government of Vietnam (GOV) has requested the Asian Development Bank (ADB) to provide a loan to construct new electricity distribution system including a 436.673 km – long Pleiku – My Phuoc – Cau Bong 500kV transmission line from Pleiku to Cau Bong via My Phuoc in southern area of Vietnam. The proponent and Executing Agency for the loan is the National Power Transmission Corporation (NPT). The Central Power CPMB (CPMB) is responsible for the operation of the power system in central Vietnam and will be the Executing Agency of the project. NPT has identified the 500kV Pleiku–My Phuoc -Cau Bong transmission line as a high priority project and one of several projects for the purpose of connecting 90% of the population to electricity by 2020 and 100% by 2025. The proposed 500kV transmission line from Pleiku in the Central Highlands to Ho Chi Minh City will meet energy demand in the South of Vietnam which is growing at 14% per year and expected to balloon out to 25% by 2015. The construction of 500 kV Pleiku – My Phuoc – Cau Bong transmission line together with expansion of Pleiku substation will be an enhanced and more reliable energy supply to the South of Vietnam, especially to industrial zones in the area.

1.1. Objective of the project - Pleiku- My Phuoc- Cau Bong 500KV transmission line project is to ensure

power provision for development demand in the South in the period of 2014-2015, concurrently ensure power network of Vietnam- Laos- Cambodia in 2015.

- The project also contributes to increase the reliability in power provision, reducing power loss, ensuring the maximum mobilization of capacity of power companies to provide safety and continuously power for the additional charge in the South in particular and in the whole nation in general.

1.2. Project scale and scope The transmission line goes through 6 provinces and cities: Gia Lai, Dak Lak, Dak Nong, Binh Duong, Binh Duong va Ho Chi Minh city. In which: - In Dak Nong Province, there are 20 communes have the TL gone through.

These communes belong to districts of Cu Jut, Dak Mil, Krong No, Dak Song, Tuy Duc and Dak R’Lap. The TL in Dak Nong is 115.933km long;

Table 1: Components of the Project

Transmission Line Components

Length (km) Starting point Ending point Number of Towers

Dak Nong Province Transmission Line Component

115.933 G25-G26 (Picket 1576+09)

G50-G51 (Picket 2735+42)

236


Route of transmission line in Dak Nong

Table 2: Summary of main features of 500 kV Pleiku – My Phuoc – Cau Bong Transmission Line

Item Technical Data

Length (km) 436.673

- Starting point At 500 kV busbar at Pleiku 500 kV substation

- End-point At 500 kV busbar at Cau Bong 500kV substation

Right of Way width 16m from either side of the centre line

Earth grounding width 60m from the 16th meter from the center line

Voltage 500 kV

Number of circuits 2

Conductor 4xACSR-330/43


Item Technical Data

Earth wire OPGW-90 & PHLOX-116

Optical repeater cable 24 fiber lines

Suspension towers (number) 808

- Height Average is 65m, the highest is 79m

- Area requirement/tower 337.62 m²

Tension towers (number) 118

- Height Average is 60m, the highest is 72m

- Area requirement/tower 653.4 m²

1.3. Resettlement impacts of Dak Nong province Pleiku - My Phuoc - Cau Bong 500 kV transmission line goes through 20 communes/6 districts on the area of Dak Nong province. The project must acquire permanent land of 279 households with 237 pole positions, in which mainly are agricultural land. Project implementation causes impact on 103 houses and 349 other works. Table 3: Permanent land acquisition in 500 kV Pleiku – My Phuoc – Cau Bong

project

No Province Number of APs having acquired

land permanently

Number of poles

Lands to be acquired (m2)

1 Dak Nong 279 237 108,093

1.3.1. Impacts on land acquisition With 32m width of safety corridor, on total 115.933 km of line route on provincial area, 3,344,356 m2 of land is under safety corridor, in which 106,855 m2 will be permanently acquired for the purpose of pole construction. The affected land is classified into agricultural lands, paddy lands for growing rice, forest lands and residential lands. The following table presents project’s affected lands.


Table 4: Types of affected land (m2)

No

District

Land distribution in route corridor Total of

land area in route corridor

Total area of

permanently acquired

lands Agricultural Paddy Land

Forest Land

Residential Land

1 Cu Jut 2,727,160 26,121 85,113 55,186 626,583 16,369

2 Dak Mil 1,560,540 255,465 9,906

3 Krong No 3,289,058 4,802 553,237 18,632

4 Đak Song 5,190,282 738,809 42,618 977,847 33,252

5 Tuy Duc 5,509,609 58,414 771,114 23,489

6 Đak R’Lap 1,690,967 61,439 160,110 5,207

Total 19,967,616 26,121 823,922 222,459 3,344,356 106,855

1.3.2. Impacts on trees-crops Total affected trees are 31,389 in which mainly industry trees including coffee, rubber, cashew, others are fruit trees, timber trees, shade trees.

Table 5: Summary of affected trees- crops

No District Industry

trees Fruit trees Others Total

1 Cu Jut 1,023 188

1,211

2 Dak Mil 0 60 60

3 Krong No 4,787 18 4,805

4 Đak Song 18,743 3,618 22,361

5 Tuy Duc 0 0

6 Đak R’Lap 2,952 2,952

Total 27,505 3,884 0 31,389

1.3.3. Impacts on houses and other structures The project on Dak Nong area impacts on 103 houses but partially house for guarding field, preserving agricultural materials and products. Besides, line route also impacts on 349 other structures such as kitchen, yard, and house to guard field, bathing room/WC or animal shelter of households. Affected houses are determined according to Decree 106/ND-CP and Decree 81/ND-CP on Protection of Safety


corridor of High-Voltage Power Grid Works. Table 6: Summary of affected houses and structures

No District

No. of affected houses and structures

House

Kitchen

WC/Bathing room

Water tank/ well

Animal shelter

Yard

Others Total

1 Cu Jut 45 14 16 13 35 4 16 143

2 Dak Mil 9 2 0 - 7 - 1 19

3 Krong No 12 6 1 2 16 - 2 39

4 Đak Song 47 4 5 39 57 4 156

5 Tuy Duc 18 9 3 - 18 3 2 53

6 Đak R’Lap 19 8 1 - 7 5 2 42

Total 103 86 25 20 122 69 27 452

1.3.4. Severely Affected Households According to REMDP and RP, Severely Affected Households (SAHs) refers to affected households who will lose 10% or more of their total productive land and/or assets, have to relocate; and/or lose 10% or more of their total income sources due to the Project. The permanent land acquisition seriously affected 16 SAHs, in which including 5 Kinh households and 11 ethnic households.

II. LEGAL FRAMEWORK AND COMPENSATION POLICIES 2.1. Legal framework The legal and policy framework for compensation and resettlement under the Project is defined by the relevant laws of the Government of Viet Nam (GOV) and the ADB’s Policy on Involuntary Resettlement.

2.1.1. The legal background of Vietnam’s Government In addition to the Constitution of the Socialist Republic of Viet Nam (April 1992), the GOV has promulgated a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation, resettlement and policy on ethnic minorities. The principal documents include: Policies of Vietnam’s Government on land acquisition

- 2003 Law on Land, promulgated on November 26, 2003 by Vietnam’s National Assembly.

- Law on Complaints, approved by the National Assembly in 2011. - Government’s Decree No.181/2004/ND-CP, dated October 29, 2004,

Guiding the Implementation of the Amended 2003 Law on Land. - Government’s Decree No.84/2007/ND-CP, dated May 25, 2007, providing


additional guidance on the grant of land use right certificates, land recovery, exercise of land use rights, order and procedures for compensation, support and re-settlement when land is recovered by the State.

- Government’s Decree 197/2004/ND-CP, dated December 03, 2004, regulating compensation, assistance and resettlement when the State acquires the land. The Decree provides guidance on implementation of land compensation, assets compensation, support and resettlement policy related to land acquisition.

- Government’s Decree 188/2004/ND-CP, dated November 16, 2004, on methods to identify land price and land price frame for different types of land.

- Government’s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP.

- Government’s Decree 69/2009/ND-CP, dated August 13 2009, additionally providing for land use planning, land acquisition, compensation, assistance and resettlement in case of land acquisition, regulating the land price, land allocation and lease, and additional requirements related to land use rights.

- Government’s Decree 106/2005/ND-CP dated August 17, 2005, regulating the protection and safety corridor of high-voltage power grid works. Some articles of this decree was amended and supplemented by Decree 81/2009/ND-CP dated October 12, 2009.

- Government’s Decision 52/2012/QD-TTg dated November 16, 2012 on employment and vocational training support policies for laborers subject to agricultural land recovery.

- Circular 144/2004/TT-BTC, dated November 26 2004, of the Ministry of Finance providing guidelines on the implementation of Government’s Decree 188 on land price evaluation.

- Circular No. 14/2009/TT-BTNMT of the Ministry of Natural Resources and Environment, detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease.

Policy of Vietnam’s Government on Ethnic Minority groups - Decision 327-CT dated September 15, 1992 of the President of the Council

of Ministers providing Master Guidelines and Policies to Utilize Unoccupied Land, "Barren" Hilly Areas, Forests, Denuded, Beaches and Waterfront (also known as Program 327).

- Instruction 525-TTg dated November 02, 1993, issued by the Office of the Prime Minister on Policies and Measures for Social – Economic Development in the Mountainous Areas.

- Decision No. 135/1998/QD-TTg dated July 31, 1998, issued by the Office of the Prime Minister, on approval of the Program on Socio-Economic Development in Mountainous, Deep-Lying and Remote Communes with Special Difficulties (also known as 135 Program).

- Decree No. 163/1999/ND-CP of November 16, 1999, issued by the Office of


the Prime Minister, on Assigning and Leasing Forestry Land to Organizations, Households and Individuals for Stable and Long-Term Use for Forestrial Purposes.

- Decision No. 132/2002/QD-TTg of October 8, 2002, issued by the Office of the Prime Minister, on the allotment of production and residential land to local ethnic minority people in the Central Highlands.

- Resolution 24-NQ/TW dated March 12, 2003 on Ethnic Minorities Work - Resolution No.22/NQ-TW of 11 November 2003 of the Party's Politburo on

a Number of Policies for the Socio-Economic Development in the Mountainous Area.

- Decision No. 134/2004/QD-TTg of July 20, 2004, on a Number of Policies on Support Regarding Production Land, Residential Land, Residential Houses and Daily-Life Water for Poor Ethnic Minority Households (also known as 134 Program) issued by the Prime Minister.

- Decision No. 07/2006/QD-TTg dated January 10, 2006, issued by the Office of the Prime Minister, on approval of the Program on Socio-Economic Development in Mountainous, Deep-Lying and Remote Communes with Special Difficulties in the period of 2006-2010 (also known as 135 Program phase II).

- Joint Circular 676/2006/TTLT-UBDT-KHDT-TC-XD-NNPTNT dated August 8, 2006, issued by the Office of the Prime Minister, guiding the Implementation of the Program on Socio-Economic Development in Mountainous, Deep-Lying and Remote Communes with Special Difficulties in the period of 2006-2010.

- Decision No. 112/2007/QD-TTg dated July 20, 2007, of the Prime Minister on Policies to Support Services, Improve People’ Life, and Provide Legal Aid for Raising Legal Awareness under Program 135, phase II.

- Decision No. 33/2007/QD-TTg dated March 05, 2007, of the Prime Minister on Policies to Support Relocation of Ethnic Minority Inhabitants for Sedentary Farming and Settlement in the 2007-2010 Period.

- Decision No. 01/2007/QD-UBDT dated May 31, 2007, of the Ethnic Council recognizing Communes and Districts as Mountainous or Highland Ones after Adjustment of their Administrative Boundaries.

- Decision No. 05/2007/QD-UBDT dated September 06, 2007, of the Ethnic Council recognizing Three Areas of Ethnic Minority and Mountainous Regions According to Their Development Levels.

- Decision No. 06/2007/QD-UBDT dated October 12, 2007 of the Ethnic Council promulgating the Communication Strategy for 135 Program, phase II.

- Circular No. 06/2007/TT-UBDT dated September 20, 2007 of the Ethnic Council guiding the Provision of Services, Improvement of Peoples Life and Provision of Legal Aid for Raising Legal Awareness under Decision No. 112/2007/QD-TTg.


- Government’s Resolution No. 30a/2008/NQ-CP dated December 27, 2008 on the Support Program for Fast and Sustainable Poverty Reduction in 61 Poor Districts.

- Government’s Decree No. 82/2010/ND-CP dated July 20, 2010 on Teaching and Learning Ethnic Minority Languages in General and Continuing Educational Institutions.

- Decision No. 52/2010/QD-TTg dated August 18, 2010 of the Prime Minister stipulating the Policy on Provision of Legal Aid for the Poor and Ethnic Minority People in Poor Districts during 2011-2020 in order to improve their legal awareness and knowledge.

- Decision No. 18/2011/QD-TTg dated March 18, 2011, of the Prime Minister, on Policy toward restigious Persons in Ethnic Minority Communities

- Joint Circular No. 05/2011/TTLT-UBDT-BTC dated December 16, 2011, of the Committee for Ethnic Minorities guiding the Prime Minister’s Decision No. 18/2011/QD-TTg of March 18, 2011, on the Policy toward prestigious Persons in Ethnic Minority Communities.

- Decision No. 42/2012/QD-TTg dated October 08, 2012 of the Prime Minister on giving Support to Units, Organizations Using Employees Who Are Ethnic Minority People in the Mountainous Regions, Especially Difficult Areas.

Above Laws and Decrees form legal framework that allows local authorities in province and locality to apply through decrees and regulation in places, in accordance with registration, especially for compensation price and level used for calculating compensation and other support for households affected by land acquision and resettlement

- Decision No. 05/2010/QD-UBND dated February 23, 2010 of the PC of Dak Nong Province on Policy of Compensation and Support for People Whose Lands are Acquired by the State in Dak Nong Province.

- Decision 12/2011/QD-UBND dated March 01, 2011 of the PC of Dak Nong Province on Amending and Supplementing Some Articles of the Decision No. 05/2010/QD-UBND.

- Decision No. 43/2010/QD-UBND dated December 12, 2010 of the PC of Dak Nong Province on Setting Land Price Brackets for Land Categories in Dak Nong Province in 2011.



2.1.2. Policy of Sponsor The aim of the ADB’s Policy on Involuntary Resettlement (2009) is to avoid or minimize the impacts on people, households, businesses and others affected by the


land acquisition required by the Project. The overall goal of the ADB policy is to compensate and assist affected people to restore their living standards to levels equal to, if not better than, that which they had before the Project.

The main objectives and principles of the policy are as follows: (i) Screen the project early to identify past, present, and future involuntary

resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

(ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase.

(iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

(vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those


people who enter into negotiated settlements will maintain the same or better income and livelihood status.

(vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

(viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule.

(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close monitoring throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

2.2. Gaps between National Laws and ADB Policy The 2003 Land Law and Decree 197/2004/ND-CP considerably reduced differences that had existed between GOV and ADB policies relating to involuntary resettlement prior to the enactment of this legislation. Remaining gaps have just been further reduced by Decree 17/2006, Decree 84/2007 and Decree 69/2009. Table 7 highlights the key differences between Vietnam’s policy on resettlement and the ADB’s policy on involuntary resettlement. Measures to bridge the remaining differences in order to make local practices consonant with Bank policies and procedures are also provided.


Table 7: Comparison between Decree 197/ND-CP, Decree 69/ND-CP and 2009 SPS of ADB

Policy Areas of

Comparison

197/2004/ND-CP, 69/2009/ND-CP ADB SPS 2009 Subprojects Policy

Severely impacted DPs losing productive land

Decree 69, Art 20: For significantly impacted DPs, livelihood restoration measures cut in when DP loses at least 30% of productive agriculture land.

The involuntary resettlement impacts of an ADB-supported subproject are considered significant if 200 or more persons will experience major impacts, which are defined as (i) being

physically displaced from housing, or (ii) losing

10% or more of their productive assets (income generating).

Losing 10% or more of the household’s productive assets shall be considered as threshold.

DPs without LURC

Decree 69: Article 23:Persons whose main income is derived from agricultural production whose land is acquired by the Government and cannot satisfy LURC and compensation conditions stipulated in Article 8 of Decree No. 197/2004/ND-CP and Articles 44, 45 and 46 of Decree No. 84/2007/ND-CP, will be referred to the Provincial Peoples’ Committee for consideration of the level of assistance to be provided in conformity with the locality’s actual

Those DPs without legal title to land will be included in consultations. Ensure that DPs without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of no land assets including dwellings, structures and other improvements to land such as crops, irrigation, at full replacement cost. Safeguards cover involuntary restrictions on land use or on access to legally designated parks and protected areas. Covers temporary and partial losses.

Subproject affected people, without legal or recognizable legal claims to land acquired, will be equally entitled to participation in consultations and subproject benefit schemes where possible, and be compensated for their lost non-land assets such as dwellings and structures occupied before cut-off date. They


conditions will be entitled to resettlement assistance and other compensation and social support to assist them to improve or at least restore their pre-subproject living standards and income levels.

Compensation for structures on acquired lands

Decree 69, Art 24: Compensation for House, Structures on Acquired Land. Clause (1) – Compensation for DPs residential structures based on value of newly constructed house/structure equal to technical standard issued by Ministry of Construction (MOC) and based on house area and unit prices issued by PPC. Clause (2) other structures compensation equal to: a) total present value using unit costs for newly constructed house/structure using MOC technical standards and depreciated to present value of acquired house/structure. Maximum value cannot exceed 100% of new value of acquired house/structure.

Rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs, based upon: i) fair market value, ii) transaction costs, iii) interest accrued, iv) transitional and restoration costs, v) other applicable payments.

Full compensation at replacement cost will be paid for all affected structures without any deductions for salvageable materials or depreciation, full replacement costs, based upon: i) fair market value, ii) transaction costs, iii) interest accrued, iv) transitional and restoration costs, v) other applicable payments.

Compensation for registered

Decree 197, Article 26: Only registered businesses are eligible for

Affected business owners are entitled to (i) costs of re-establishing commercial activities

Affected business owners are entitled to (i)


businesses assistance. Decree 69,Article20(2):if business must be suspended DP is compensated with max 30% of after tax income in one year, averaged over last 3 years as certified by Tax Dept.

elsewhere, (ii) the net income lost during the transition period; and (iii) costs of transferring and reinstalling plant, machinery and equipment.

costs of re-establishing commercial activities elsewhere, (ii) the net income lost during the transition period; and (iii) costs of transferring and reinstalling plant, machinery and equipment.

Compensation for nonregistered businesses

Decree 69 only recognizes formal registered businesses as entitled to compensation for lost income based upon Tax Office records.

No distinction between registered or nonregistered businesses in regards to compensation entitlement for lost income and other assistance.

The District PC will certify that the DP has a business in current operation and approve the level of lost income.

Monitoring No monitoring indicators indicated Monitoring indicators specified for internal and external monitoring and reporting

The EA will appoint an independent external monitor and undertake internal monitoring of RP/REMDP implementation according to the critical indicators.

Compensation for lost land

Decree 197, Article 9: The compensation rates for land shall be determined by the PPC in accordance with the Government regulations for the type of land which has been used for at the time of land acquisition.

Land based livelihoods restoration based upon land based strategies where possible, or cash compensation at replacement value provided loss of land does not undermine livelihoods for those with legal rights to land. Provide adequate and appropriate replacement land. If land not available non-land based options built

Where appropriate and when land based compensation is not viable, replacement cost surveys will be carried out by the subproject staff to ensure that


Decree 69, Art 11, Art 16: Compensation is land for same-use land or, if not available, the DP can be compensated in cash based upon the market transfer price of such land at the time of the decision to acquire. Compensation limited to the allowable land quota, unless land over limit due to inheritance or legally transferred from other persons, or unused land developed according to the land use plan approved by the authorities. If not, compensation only for improvements on that land.

around opportunities for employment, self-employment should be provided in addition to cash compensation for land and non-land assets lost.

subproject rates for all categories of loss will be equivalent to replacement cost at current market value. This work will be updated at the time of compensation and will combined with other assistance and livelihood restoration measures to ensure full restoration and improvements. Provided DP has legal or recognizable claim, compensation will be for full amount of land acquired. Based on the ADB SPS 2009 land-for-land compensation strategy is mandatory in the case of involuntary resettlement impact on Ethnic Minorities.

Compensation for structures on non-eligible-for-compensation

Article 18,19, 20 Decree 197:

- Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way,

All affected houses and structures, irrespective of land tenure status, should be compensated at the full replacement cost.

Full compensation at replacement cost will be paid for all affected structures based on current fair market price


land will be assisted at 80 percent of replacement cost.

Houses and structures on non-eligible-for-compensation land, which have violated announced land use plans or the right of way, will not be assisted. In special cases, the PPC will consider to assist on the case by-case basis.

of new building materials and labor without any deductions for salvageable materials and labor or depreciation.

Differences between compensation rates and market rates

Decree 69, Article 14(2): If compensation is through new land or allocation of land at a resettlement area or by housing and the replacement is valued at less than the land acquired, the price difference will be paid in cash. Decree 69, Article 14 (2) (a): If replacement residential land or the amount compensated to purchase a replacement house is more than the actual replacement cost, the DP still receives the full amount. Decree 69, Article 14 (2) (b) if the compensated amount is less than the replacement residential land and house the DP will pay the difference themselves except for cases covered by Article 19(1) – this will not apply to (poor) DPs who will be

Provide physically and economically DPs with needed assistance including: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of DPs economically and socially into host communities; (ii) transitional support and development assistance such as land development, credit facilities, training or employment opportunities; and (iii) civil infrastructure as required.

Physically displaced persons will receive relocation assistance, secured tenure to relocated land, with comparable access to production and employment opportunities, and civic infrastructure and community services as required, transitional support and development assistance such as land development, credit facilities, training or employment opportunities.


assisted by the State. If the DP does not receive land or house at the resettlement site the DP will receive the cash difference.


III. INDEPENDENT MONITORING

3.1. Independent monitoring for RP and REMDP Implementation for RP and REMDP is complicated, ensuring regular monitoring of CPMB, relevant local authorities. Monitoring process is known as internal monitoring. Beside internal monitoring, sponsor always requires that RP implementation is monitored by an professional independent monitoring unit for ensuring regulations in RP are properly implemented as approved RP, concurrently giving arisen problems during RP implementation, then proposing overcome measures.

3.2. Monitoring objective and basis The main objective of the monitoring and consulting service is to make sure the APs of the 500kV Pleiku – My Phuoc – Cau Bong Project will receive full supports and benefits as stated in REMDPs and rehabilitation plan as approved. The monitoring activities are conducted in order to:

(i) Ensure the rehabilitation and improvement of APs’ livelihood; (ii) Supervise the whole Project to check if the current resettlement activities

are aligning with the RP or not. Propose addressing methods if necessary; (iii) Assess if the rehabilitation and compensation methods are fully complied

with the RP, REMDP, and ADB’s SPS (2009 and other amended) or not; (iv) Detect arising problems during the implementation of the Project and

propose mitigation measures. 3.3. Scope of work Monitoring area is divided into 2 types as follows (i) administrative agencies relating to the project and (ii) construction area of the project. Specially:

(i) In office of CPMB, Compensation Committee/CLRD of districts, wards/Commune the project goes through

(ii) In project site, interview AHs In the first monitoring stage, the Consultant unit has worked with representatives of CPMB, CLRD of districts and PC of Wards/Commune:

Table 8: Monitoring area

No District Commune

1 Cu Jut Ea Po

2 Dak Mil Dak Gan

3 Đak R’Lap Quang Tin

4 Tuy Duc Quang Tan, Dak Ngo

3.4. Monitoring indicators During REMDPs implementation, the Consultant unit has monitored and assessed


based on following indicators

3.4.1. Monitoring indicators for RP RP monitoring indicators includes but not limited to these indicators: a. Monitoring of organizations, units implementing RP

- Organizations and units implementing RP (name, number of staffs, job description of each organization, etc).

- Related agencies (local authorities, departments and unions, etc). The cooperation mechanism within related agencies, responsibility of each agency, etc.

b. Monitoring of compensation payment - Payment in full amount for the assets losses; compensation based on

replacement cost; - Payment on time for all AHs (according to RP).

c. Monitoring of the reconstruction of civil infrastructures - All basic infrastructure (water supply, drainage system, roads, etc.) need to

be built in resettlement areas in a manner that is equal or better than the old ones

d. Monitoring of the provision of resettlement places (if any) - Interview APs who is qualified to be resettled in the resettlement places to

check if they were consulted on the location of the resettlement places, houses and lands. Supervise to check if the resettlement places are located in environmental sensitive areas such as forest area and flooded area or not;

- Supervise the selection of resettlement areas, designs, infrastructures and location of lands (that allows APs to maintain/improve their living);

- Supervise the drainage system (if any) and its operation; supervise the waste management activities including the method and process of waste disposal applied in resettlement areas; observe and test smell of waste, aesthetic issues, the gathering of rats, insects and other transmission vectors, etc in the resettlement areas;

- Check if APs have been receiving all their benefits on time; - Check if displaced households are consulted at least 03 months before

replacement take place ; - And other issues stated in RP and other findings from reality observance.

e. Satisfaction level monitoring - Assess the satisfactory level of the APs in terms of different aspects of RP

which are monitored and taken note; and - Assess problems of grievance and compensation and time framework( time

of settling complaints); - Propose measures for remained problems.

g. Monitoring of information publicity and community consultation - Check if they were consulted or not on issues related to their rights such as

compensation rate, policy of rights, location, designs and distribution of land in resettlement areas;


- Involve in meeting of people organized by AMT or Provincial/District’s Committee of Compensation to know more about current situation of the implementation of RP as well as newly arose problems to give suggestion on time;

- Check information related to RP at local agencies and supervise the dissemination of information to APs.

h. Result of the communication activities for the prevention of HIV/AIDS and human trafficking (such as the number of attendants, method, frequency of promotion activities, etc.) i. Living standard

- During the implementation, assess and report on the trend of living standard recovery;

- Research on basic level of living standard of APs before and after the resettlement to assess the improvement of APs’ living standard;

- Predict the recovery of APs’ income and living standard; - The recovery of SAPs; - Assess the financial supports to APs as stated in RP; - Monitor the rehabilitation support to SAPs.

3.4.2. Monitoring of the implementation of REMDP The Consultant Unit will monitor content of REMDP from implementation to management. Main monitoring indicator includes: a. Monitoring of compensation payment

- Pay in full amount for assets lost and replacement cost; - Pay on time for AHs.

b. Satisfaction level - Satisfaction level of AHs to different aspects in REMDP; - Complaints on compensation and duration for its settlement.

c. Information publicity and community consultation - Whether AHs get enough information and were consulted on issues related to

their rights; - Discover the maintenance in the implementation of REMDP and provide

suggestions; 3.5. Implementation method The monitoring is carried out by a combination of document analysis method, quantitative methods (survey by questionnaire) and qualitative methods (in-depth interviews, focus group discussions with the key staff and APs). The Monitoring Consultant Unit has prepared a questionnaire and in-depth interview guide. The gathered information of resettlement is done in the PMU, the district Compensation Board and the affected households. The evaluation results are compared with the field monitoring results.

3.5.1. Information collection 3.5.1.1. Document analysis Before implementing monitoring work, the Consultant has thoroughly researched


following documents:

RP of the project;

TOR for monitoring activities;

Compulsory resettlement policies of ADB (2009); Policies of Vietnam’s Government on land acquisition, compensation, support and resettlement as:

- Government’s Decree No.181/2004/ND-CP, dated 13/11/2004 guiding the Implementation of the Amended 2003 Law on Land;

- Government’s Decree 188/2004/ND-CP, dated November 16, 2004, on methods to identify land price and land price frame for different types of land;

- Government’s Decree 197/2004/ND-CP, dated December 03, 2004, regulating compensation, assistance and resettlement when the State acquires the land;

- Government’s Decree 123/2007/ND-CP, amending and supplementing some articles of Decree 188/2004/ND-CP;

- Government’s Decree 84/2007/NĐ-CP dated 25/5/2007; - Government’s Decree 69/2009/ND-CP, additionally providing for land use

planning, land acquisition, compensation, assistance and resettlement; - And other related documents.

Documents / memorandum related to RP implementation and policy framework for compensation, support and resettlement which ADB were not opposed and was approved by the Prime Minister…

3.5.1.2. Qualitative method Monitoring experts exchanged with PMU’s leaders and officials in charge of resettlement, officials in charge of land acquisition compensation of district Land development Center to gather information and related data. The in-depth interviews APs are integrated in the interview questionnaire. 3.5.1.3. Quantitative method Monitoring team conducted a survey to gather information and assess the implementation of compensation and resettlement of the route. Based on the list of AHs provided by Land development Centre, consultant randomly selected households to interview. The subjects were interviewed including women, the elderly and other vulnerable groups.

3.5.2. Sampling First monitoring location is divided into: (1) the administrative unit related to the project and (2) at project sites, namely: - At the office of Central Power Project Management Unit; District Resettlement

Committees - Site clearance of Dak Nong and CPCs; - At project sites: Interview APs and take photograph f typical cases.

Selection and classification of objects Objects that monitoring staffs have to contact and work with in monitoring RP and


REMDP can be classified into 2 main groups: Group 1: Officials that directly or indirectly involve in mitigating impacts on people and the environment, especially officials of construction units. Besides it, it also includes officials of Project Management Unit and local authority. Group 2: households that have assets affected by the construction of project.

Sampling According to the contract between the Project Management Unit and Monitoring Unit, the sampling process must involve at least 10% of the AHs along the TL according to compensation plan issued by the authority. At the first round of monitoring, to ensure the sample was selected to represent all aspects of the study as well as to ensure the presence of vulnerable groups, Monitoring Unit selected the following: (1) Interview 10% of AHs losing land for pole foundation (2) Interview 10% of AHs affected by safety corridor Number of selected household for first monitoring is as follows:

Table 9: The number of interviewed AHs

No District Commune Household

1 Cu Jut Ea Po 12

2 Dak Mil Dak Gan 7

3 Dak R’Lap Quang Tin 19

4 Tuy Duc Quang Tan 4

Dak Ngo 10

Total 52

IV. THE RESULTS/ FINDINGS THROUGH RMDPs MONITORING 4.1. Implementation progress of the project There are 4 packages of project on Dak Nong province area that are implemented by 6 construction contractors, up to monitoring time, implementation progress of the packages is as follows:


Table 10: Construction progress

Packages Construction contractor

Length (km)

Number of point

Digging (VT)

Moulding (VT)

Pole building

Rate of moulding

foundation (%)

Rate of building pole (%)

Being building

pole

Number of

granted pole

Number of completed

pole

Number of incompleted

pole

Package 07 (G30-G36)

Joint venture between Installation and Electric construction Joint Stock Company (IEC) and Cico.

28,140 58 58 58 31 100% 53% 3 58 31 27

Package 08 (G36-G45C)

Joint venture between Power Construction Installation Limited Company No.4, AlphaNam and Song Da 12 JSC

36,180 73 73 73 35 100% 48% 6 73 42 31


Package 09 (G45C-G49)

Song Da 11 JSC

26,980 52 52 52 20 100% 38% 4 97 74 23

Package 10 (G49-G52)

Song Da 11 JSC

28,360 58 58 58 47 100% 81% 4


4.2. Implementation organization of REMDPs Activities of implementing RP plan for Pleiku- My Phuoc- Cau Bong 500kV transmission line project are deployed from 2012 by CPMU associated with District Compensation and Site Clearance Committee in Dak Nong province as follows: - Organize information dissemination, community consultation - Build detail compensation plan: Statistics and price application for each household - Submit detail compensation plan and recommend DPC to issue decision on land and

detail property acquisition. - Coordinate with investor on paying compensation for AHs - Clear safety corridor of power grid as prescribed; - Coordinate with CPMB to solve problems, disputes and complaints of AHs about

compensation activities - Synthesis documents and fund for implementation of compensation for site clearance

and settlement with CPMB RP of the project includes 2 implementation stages (1) compensation for land and property on land in position of pole foundation and (2) compensation and support for affected property in safety corridor of power line.

4.3. Monitoring indicators

4.3.1. Information dissemination Information dissemination is a important part in policy of ADB and Government of Vietnam. It plays a important role in deciding to success of the project in general and activities of compensation and resettlement of each project in private. Information publicity ensures that all AHs understand project information, policy of advantages which help to minimize disputes, complaints during implementation duration and ensure implementation progress of the project. Through working with District Compensation and Site Clearance Committee and, CPCs in project area, information dissemination is properly implemented. Documents of safety policies are sent to affected communes and publicly posted at CPCs’ office. To prepare inventory and site clearance, CPMB has document sent to PPC to recommend notice of land acquisition for building project in province/city area. After receiving decision on establishing District Compensation and Site Clearance Committee, CPMB has worked with DPCs, CPCs to announce construction plan of Works. Publicity dates are regarded as cut-off dates of the project. After plan publicity, officials of CPMB - District Compensation and Site Clearance Committee and has coordinated with Compensation Committees to organize meetings in each affected communes. Content of meeting concludes: - Notification of the scale of project in communal area; - Notification of compensation policy; - Notification of inventory plan;

In the communes, there are about 3 meetings which are implemented in times: Before inventory implementation, inventory completion, after a period of plan publicity.


Table 11: Forms of information dissemination

No Forms of information dissemination Implementation

According to RP Actual

1 Organize meeting with local people to inform project Yes Implemented

2 Dissemination through local loudspeakers Yes Implemented

3 Publicly posting policy framework in local places Yes Implemented

4 Instruct grievance process and complaint settlement Yes Implemented

The above table shows that activities of information dissemination and publicity are properly implemented according to RP. Due to proper implementation of information dissemination to AHs, almost households interviewed think that they understand policies of compensation and support and how to proceed with complaints when necessary. According to result of 1st monitoring stage, local officials with hamlets’ leader come down to the site and notify of the project to each AHs. In addition, AHs know project information through message board posted in CPC’s office or local loudspeakers. After holding preliminary project information through above forms, 100% of AHs are invited to meeting for disseminating information more thoroughly.

4.3.2. Compensation payment 4.3.2.1. The validity of compensation dossier Each compensation dossier of AHs concludes many documents, basic documents concluding:

(i) Minute of property inventory; (ii) Minute of current status verification; (iii) Drawing; (iv) Detail plan of compensation and support of each household; (v) Minute of compensation payment; and (vi) Letter of complaint/recommendation (if any).

In addition to above documents, some other documents/writings are considered by The Consultant such as compensation plan, approval decision on compensation plan, supplement support (if any), decision on complaint resettlement/recommendation of authorities, etc. The validity of compensation documents are assessed through (i) the completeness of above documents, (ii) the suitability in term of time between the types of writings/documents, (iii) the completeness of signatures and (iv) the accuracy of calculations. Random test result of compensation documents of AHs is as follows: - Each set of document contains above complete papers; - Appropriate time between writings and documents; - Accurate calculations;


- Having sufficient relevant signatures. 4.3.2.2. The completeness in quantity The completeness in number of AHs’ property is assessed through: (i) The comparison between minute of inventory, compensation worksheet and minute of compensation payment; (ii) interview AHs. Results of examination and comparison among writings and documents show that all inventoried properties of AHs are fully compensated in compensation worksheet. There is not any difference of properties in the minutes. The amount paid to households recorded in minute of compensation payment is entirely coincided with amount of money approved in decision and compensation plan for the households. Besides, the Consultant group has interviewed some households who are received compensation to evaluate the completeness in number of AHs’ properties. Results of testing documents and interviewing AHs are generalized in following table:

Table 12: The completeness in number of AHs’ property

Commune

1. Participate in measurement

/inventory

2. Lack of inventoried

assets

3. Documents

present figures clearly

4. Mistakes in plan

building

5. Number of AHs

received money/not fully paid

for affected properties

Yes No Yes No Yes No Yes No Yes No

Ea Po 12 0 0 12 12 0 0 12 12 0

Dak Gan 7 0 0 7 7 0 0 7 6 1

Quang Tin 19 0 0 19 19 0 0 19 19 0

Quang Tan 4 0 0 4 4 0 0 4 4 0

Dak Ngo 10 0 0 10 10 0 0 10 10 0

Total 52 0 0 52 52 0 0 52 51 1

All checked documents are presented clearly and sufficiently, compensated properties corresponds to inventoried properties. All households interviewed participate in process of property measurement/inventory of AHs before District Compensation Committee makes compensation plan and submit to relevant authorities.

4.3.2.3. Timeliness of compensation In 2011, households which are affected by pole foundations are paid 70% in advance in order to have construction site. After compensation plan is approved, 30% left are paid. However, until 2012, compensation payment is carried out once with 100% of compensation amount and support to AHs before site clearance. Survey result shows that almost households have received compensation and actively hand over site during allowed period. The Consultant has interviewed households and found that 51/52 households interviewed (98%) have adequately received compensation


and actively hand over site in accordance with regulations, 1 households did not agree to receive the compensation as they did not reach agreement on price of compensation. This demonstrates that the timeliness of compensation are followed. 4.3.2.4. Compensation payment By the time of 1st monitoring, compensation activities for AHs in Dak Nong province are as follows: - In Dak R’Lap district, compensation payment for AHs in foundation item has

finished, continuously being implemented for households in route corridors for 86 households and divided into 2 stages, 1st stage from 15-20/11/2013 with total amount of 4 billion and 2nd stage from 4-5/12/2013 with left amount.

- In Tuy Duc district, 3rd compensation payment is currently being implemented. There are 180/189 households who are received compensation amount, households left has not received money because they has not agreed with compensation price of authority and some ones have not lived in locality

- In Dak Mil district, 100% of AHs has received compensation. - In Cu Jut district, at present, 2 payment stages has finished, 3rd stage is continuously

being implemented. There are 4 households have not received compensation, in which 2 households do not have certificates and 2 households do not agree due to low price (Having list in the second payment) who are being continuously invited to received the second compensation in the third payment). There is only 1/17 household cultivating rubber who agree to receive compensation, remaining households do not agree due to low price.

4.3.3. Infrastructure recovery In general, project construction does not impact much on infrastructures in locality, mainly temporary impact on agricultural land such as construction road, site to gathering materials and tents for construction workers, etc. In addition, foundation digging, pole building and lining impacts partly on agricultural land and trees, crops of local people. All losses are inventoried and calculated by construction unit and AHs who then coordinate with Centre for Land Resources Development, CPMB to make compensation plan for AHs. Therefore, losses caused by land acquisition to make construction road, site to gathering materials are paid by Investor, and losses in trees, crops due to lining are paid by construction unit.

4.3.4. Providing resettlement locations Due to the characteristics of mainly acquiring agricultural land, households who must compulsorily resettle will be compensated and have monetary support to organize resettlement on place (on remaining land). In case there is no land to resettlement organization, households are compensated in cash to resettle in other places or granted resettlement land if local government has land resource. In 4 monitoring district, 2 households who must implement compulsory resettlement are Duong Van Sinh and Vo Thanh Dong households in Quang Tan commune, Tuy Duc district. The land of 2 households are located in route corridor of power line and it is impossible for resettlement in place. According to proposal of CLRD in Tuy Duc district, these households will be granted land in resettlement area for district officials in Tuy Duc town. However, resettlement area is far from their former residence so they do not agree


with moving plan.

4.3.5. The communication activities on prevention of HIV / AIDS and human trafficking In 4 communes of project, CPC and relevant agencies regularly take care of communication activities on the prevention of HIV/AIDS and human trafficking. The tasks are as follows: - Reduce poverty and solve social problems, they with Women’s Union and Youth

Union play crucial role in program of human trafficking and supporting victims; - Disseminate and educate the prevention of HIV/AIDS and human trafficking in

locality - Improve capacity of units, organizations participating in the program to efficiently

solve risks of HIV infection and human trafficking in project area; - Train officials of units, organizations participating in the program to efficiently solve

risks of HIV infection and human trafficking in project area; - Enhance to provide services of consulting and testing HIV, sexual transmitted

diseases efficiently.

4.3.6. Ethnic Minority Development Plan

Land acquisition in ethnic minority area does not cause impacts directly or indirectly on (i) their dignity, human rights, livelihood systems, their culture.(ii) territory or natural resources, the culture which they own, use or occupy (ii)) require properties or ancestral territory. Similarly, the project does not ethnic people because (i) it is not related to commercial development of their culture and knowledge; (ii) They are not physically moved from land which is granted by government for the purpose of using traditional culture; (iii) There will no commitment in commercial development of natural resources which impacts on livelihood, culture, religious activities identified in their communities. The project only goes through agricultural land which is used for economic development in Vietnam. On the area of Dak Nong province, the number of affected ethnic people are insignificant, impact level mainly focuses on trees, crops on route corridor. However, to ethnic households, DPCs integrate support program of government for ethnic people to give them more support such as providing trees, breeding animals, ensure houses and production land for ethnic people. Besides, during design process, relevant agencies has implemented adjustment to prevent moving houses of ethnic people.

4.3.7. Satisfaction level According to assessment of the Consultant team, almost interviewed households satisfy with compensation and support plan. Some households do not agree with compensation price of land, crop or support limit for agricultural land. However, after checking and clarify the requirement of each household, DPCs has conclusion that approved compensation plans of these household are made in accordance with regulation of the Government and PC of Dak Nong province. After that, the households received compensation according to approved compensation plan. The satisfaction rate of households is aggregated in following table:


Table 13: Satisfaction level

No Commune Satisfaction level

Satisfactory Not satisfactory No idea

1 Ea Po 10 1 1

2 Dak Gan 5 1 1

3 Quang Tin 12 2 5

4 Quang Tan 4 0 0

5 Dak Ngo 9 1 0

Total 40 5 7

4.4. The problems during implementation process

4.4.1. Dak R’Lap district Some households build houses (mainly houses for taking after fields and preservation agricultural products) in route corridor after time of promulgation Decree NĐ 197/2004/NĐ-CP and NĐ 69/2009/NĐ-CP but before time of project deployment. In cases, Centre for Land Resource Development has consulted DPC and PPC to support 40-50% total value of damaged properties. To households who build house after project implementation, Centre for Land Resource Development (CLRD) has motivated people to relocate and hand over site for construction unit. The verification of the above cases partially causes time- consuming to verification, measurement and inventory, which indirectly slow implementation progress of site clearance in district.

4.4.2. Tuy Duc district Due to new establishment (Administrative area division), there are many difficulties when transporting because transportation system in locality is not convenient. As mentioned above, there are 2 households who must resettle compulsorily. However, at present, the district has only resettlement area for district officials so it is proposed to take 2 households into the area. The relocation has faced up to many problems because the 2 households are living in Quang Tan commune which is close to Kien Duc town in Dak R’Lap district, they think the resettlement to Tuy Duc district is so far resulting to not reaching agreement with relocation plan. Currently, District CLRD continues to campaign households’ relocation for site clearance, serving construction activities.

4.5. Recommendation and measures Complaints and questions relating to any aspects in implementation of compensation, support and resettlement will be solved in accordance with current regulations of Vietnam Registration. Complain procedure and settlement of the project complies with steps outline in self-initiated RP report. Complaint problems in Dak Nong province


mainly relate to compensation price on land, trees or crops. Some households send petitions to CPC and CLRD, concurrently the Centre also has written reply to households’ recommendation, particularly as follows:

Table 14: Recommendation problems

No Commune, district

Household Recommendation content

Recommendation settlement

1 Dak Hoa, Dak Song

Thai Doan Huong

Price unit of compensation for land on route corridor and trees is unreasonable

Centre of Land Resources Development leads and coordinates with relevant units to check, recheck in site and have written reply.

2 Dak Hoa, Dak Song

Pham Van Vui


Centre of Land Resources Development leads and coordinates with relevant units to check in site and have written reply.

3 Dak Hoa, Dak Song

Vu Van Cam


Centre of Land Resources Development leads and coordinates with relevant units to check in site and have written reply.

4 Nam N’Jang, Dak Song

Tran Thi Hot

Works on agricultural land are not compensated

After working with CPC for verification, CLRD has written reply to recommendation of Tran Thi Hot’s household. Under which, the household built work on land in 2011, in cut-off time of the project so they has no compensation but support money for house relocation.


Ngo Thi Tam


After working with CPC for verification, CLRD has written reply to recommendation of Ngo Thi Tam’s household. Under which, the household built work on land in 2011, in cut-off time of the project so they has no compensation but support money for house relocation.





6 Nam Binh, Dak Song

Vu Van Cam

Price unit of compensation on house and structures in route corridor and trees on land is unreasonable

CLRD reflects to CPMB to lead and coordinate with relevant units to check, verify in site and have written reply.


Tran Van Rong




Nguyen Huu Vinh




Trinh Thanh Hai



10 Dak Mol, Dak Song

Trinh Xuan Thanh


After working with CPC for verification, CLRD has written reply to recommendation of Trinh Thanh Xuan’s household. Under which, the household built work on land in 2003. CLRD reflects to CPMB to lead and coordinate with relevant units to verify, check. If it is confirmed by CPC, the centre will apply supplementary compensation price for house


Hoang Van Huu

Area of land, house and architectural is not properly

CLRD has written reply to recommendation of Hoang Van Huu’s household. Under





measured which, the centre will coordinate with CPC to check and verify. If it is true that verification is lack as in petition, the centre will apply supplementary compensation price for house


Luu Quang Bien

Works on land are not compensated

After working with CPC for verification, CLRD has written reply to recommendation of Luu Quang Bien’s household. Under which, the household built work on land in 2002. CLRD reflects to CPMB to lead and coordinate with relevant units to verify, check. If it is confirmed by CPC, the centre will apply supplementary compensation price for house


Hoang Van Tinh

Compensation and support prices on land, house are not reasonable

After working with CPC for verification, CLRD has written reply to recommendation of Hoang Van Tinh’s household. Under which, there are mistakes in application of compensation price. CLRD will apply supplementary price as prescribed.

14 Dak Mol, Dak Song

Hoang Quoc Thai

Inventorying lack of land in a corridor

After working with CPC for verification, CLRD will have written reply to recommendation of Hoang Quoc Thai’s household. Under which, households’ recommendation are not accurate. CLRD will reflect to CPMB to lead, coordinate with relevant to verify, check and have written reply.


V. CONCLUSION AND RECOMMENDATION 5.1. Conclusion From analysis mention above, REMDPs’ implementation in districts of Dak Nong province basically complies with approved REMDPs. The Consultant has some comments on implementation activities as follows: - Structure of implementation organization: Relevant agencies as prescribed in

REMDPs perform well their duties. It ensures that project implementation is carried out conveniently;

- Project information, compensation policies, complaint process and settlement are disseminated sufficiently in activities of information public to AHs. Therefore, no household has complaints due to thoroughly understanding project information;

- Property inventory, compensation planning and payment are implemented with high agreement of almost AHs. Almost interviewed households said that their properties are inventoried to making plan and sufficiently paid. It shows that the completeness and timeliness of compensation are complied

- Compensation price: It is sensitive problem and always reason for complaints in many project. To 500kV Pleiku – My Phuoc- Cau Bong 500KV transmission line project, analyzing and comparing applied price with price mentioned in REMDP shows that the compensation price is applied as prescribed by Dak Nong province

- Complaint situation and settlement: All questions, complaints of households in officially or verbally manner are verified or solved by REMDPS implementing agency according to regulated procedures

5.2. Recommendation In general, implementation activities of REMDPs are met required demand. However, to ensure to well implement REMDPs’ activities and general progress of all project, the Consultant unit has some following recommendations: - Continue to well implement propagation and dissemination of project information

and policy to AHs; - CLRD and relevant agencies need to accelerate progress of measurement, inventory

and compensation planning, submit compensation approval and payment to CPMB. - For the households must compulsorily resettle, recommend CLRD coordinates with

relevant partners to make advocacy or solve relocation for site clearance serving construction;

- For the households have recommendation that the measurement, inventory and construction time of works on land are not proper, etc, it is suggested that CLRD coordinates with relevant agencies to recheck and premeasured in order to have facility to reply/solve recommendation satisfactorily.


ANNEX 1. LIST OF INTERVIEWED OFFICIALS

No Official in charge Position

1 Central Power Projects Management Board

Mr Le Dinh Quang Deputy Director

Mr Le Van Hieu Head of compensation office

Mrs Võ Nhật Huy Official of evaluation office

Mr Tran Hoai Bao Compensation official in site

Mr Nguyen Truong Son Compensation official in site

2 CLRD in Cu Jut district

Mr Nguyen Tu Anh Official in Economic- Infrastructure office (in charge

of power works)

3 CLRD in Dak Mil district

Mr Ninh The Truyen Deputy General

4 CLRD in Dak R’Lap district

Mr Le Dinh Sau Deputy General

5 CLRD in Tuy Duc district

Mr Hoang Ngoc Thuc Deputy General


ANNEX 2. LIST OF INTERVIEWED AHs

No AHs Address

1 Vi Van Vuong Ea Po

2 Tran Dang Phong Ea Po

3 Le Dinh Lan Ea Po

4 Lang Van Lanh Ea Po

5 Pham Van Tue Ea Po

6 Doan Van Dinh Ea Po

7 Tran Van Hieu Ea Po

8 Hoang Van Dinh Ea Po

9 Cao Van Sy Ea Po

10 Tran Dinh Trong Ea Po

11 Pham Thi Luong Dak Gan

12 Nong Thi Dong Dak Gan

13 Nguyen Tan Hung Dak Gan

14 Trieu Sinh Xuan Dak Gan

15 Dao Xuan Quyet Dak Gan

16 Duong Van Bao Dak Gan

17 Hoang Tong Long Dak Gan

18 Phan Van Thu Dak Gan

19 Nguyen Ngoc Truc Quang Tin

20 Nguyen Tan Ut Quang Tin

21 Trinh Thanh Luyen Quang Tin

22 Trinh Thanh Huong (Pham Thi Bang

Quang Tin

23 Pham Ngoc Quang Tin


24 Nguyen Teo Quang Tin

25 Pham Van Huong (Trinh Thanh Tung)

Quang Tin

26 Vo Quang Trung Quang Tin

27 Vo Van Au Quang Tin

28 Le Huy Tung Quang Tin

29 Nguyen Duy Phuong Quang Tin

30 Trinh Thuc Quang Tin

31 Vo Ngoc Trang Quang Tin

32 Trinh Minh Chinh Quang Tin

33 Chau Van Viet Quang Tin

34 Nguyen Duc Dinh Quang Tin

35 Nguyen Van Soai Quang Tin

36 Tran Van Duc Quang Tin

37 Nguyen Phuc Quang Tin

38 Do Ty Quang Tan

39 Tran Van Sinh Quang Tan

40 Duong Van Sinh Quang Tan

41 Do Thanh Dong Quang Tan

42 Hoang Van Chung Dak Ngo

43 Vu Xuan Ly Dak Ngo

44 Truong Van Bao Dak Ngo

45 Pham Van Rong Dak Ngo

46 Truong Cong Nhanh Dak Ngo

47 Lai Van Hai Dak Ngo

48 Chu Van Hoang Dak Ngo

49 Le Thi Dong Dak Ngo


50 Truong Thi Luong Dak Ngo

51 Nguyen Van Loc Dak Ngo

52 Nguyen Van Kiem Dak Ngo


ANNEX 3. IMAGES OF MONITORING SITE

500kV power pole on the area of Dak Lak province

Work with Mr Vo Dinh Sau, Deputy

General of CLRD in Dak R’Lap district

Work with Mr Hoang Ngoc Duc, Deputy General of CLRD in Tuy Duc district

Work with Mr Ninh The Truyen, Deputy General of CLRD in Dak Mil district


ANNEX 4. APPROVAL DECISION/COMPENSATION PLAN


ANNEX 5. SOME PETITIONS OF HOUSEHOLDS


ANNEX 6: SURVEY TOOL

ANNEX 6A: CONSULTATION OF COMMUNAL AUTHORITIES

1. Time of interview: date ..…month ….. year 201…. 2. Name of interviewee: .................................................................................................... 3. Position: ......................................................................................................................... 4. Address: ......................................................................................................................... 5. Interview questionnaire:

a) Number of Affected Persons (APs) in the Commune? b) Number of APs displaced by towers?

How many APs have been compensated: How many APs have not been compensated: In which year did the compensation implemented: Name the official documents related to land acquisition from Provincial People

Committee: c) Number of APs in Right-of-Ways (ROWs)?

How many APs have been compensated: How many APs have not been compensated: In which year did the compensation implemented: Name the official documents related to land acquisition from Provincial People

Committee: d) Have APs been compensated for their lost lands?

No□ Yes□ which year?…… What is the width of current ROWs……

e) Compensation for which kind of assets? Land□ House□ Crops and Trees□

f) How is the compensation policy applied? g) How many households have complained about compensation?

No□ Yes□ If yes, how many existing complaining households that has not been settled?

Number of households: h) Beside compensation, what’s other kind of support that households received (specify kinds of support): i) Now compensated households have not used land in safety corridor is complying with agreement of which authorities? j) Assess income and living standard of APs after receiving compensation?


k) Compare compensation rate between the Kinh and Ethnic Minorities? l) If the displaced households are Ethnic Minority, have commune’s authority arranged resettlement places?

Date …..Month …….Year 201….. Interviewer

(Sign and full name)


ANNEX 6B: INTERVIEW FORM FOR AFFECTED HOUSEHOLDS

Code

I. GENERAL INFORMATION OF HOUSEHOLD:

1. Full name of householder: ............................................................................................. 2. Address: ......................................................................................................................... 3. Householder: .................................................................................................................. 4. Children under 16: ......................................................................................................... 5. Educational level of family’s member in working age: ................................................ 6. Income sources of household:

Income sources

Main income of household (Yes/No)

Before land acquisition

After land acquisition

Agriculture (such as aquaculture, gardening, rice cultivation, etc.)

Poultry – breeding

Goods buying and selling

Food stores

Company/ Manufacturer

State officers/workers

Employee in private companies

Work in transportation field

Drivers

Subsidy from relatives (in Vietnam)

Subsidy from relatives (abroad)

Service work/house work


Income sources

Main income of household (Yes/No)

Before land acquisition

After land acquisition

Others

How is the income of family before and after land acquisition?

No changes................./

Lower..................../

Higher ................/

1. Classify households as following classes?

Ethnic minority

Under social policy

Women is householder (with/without children and without support)

The old is householder without support

The handicap is householder

Poor households

Others

II. IMPACTS CAUSED BY LAND ACQUISITION:

Unit: m2

No Types of affected land

Answer Area of affected

land

Total area of households’ remaining

land

Yes No

1 Residential land without house and not be displaced

2 Residential land with house and be displaced

3 Land for planting crops 4 Land for gardening 5 Land for forestry 6 Land for aquaculture


Do household have certificate of land use rights for the acquired land?

Yes No Other

If “other”, specify in detail

III. COMPENSATION AND SUPPORT THAT HOUSEHOLDS RECEIVED AND ITS VALUE

8. Compensation and support that households received:

No Description on reception

(If the interviewee remember) Total (VND)

Date of reception

Note (Compare compensation and

market price) More Equal Less

1 Residential land 2 Agricultural land 3 Houses and other construction 4 Plants, crops 5 Support (in detail)

(a) (b) (c) (d)

If the interviewee can’t remember the compensation for affected assets, he may make general comment on compensation and comparison with market price at the compensated time 9. Affected assets have not been compensated (if any)

No Description on affected assets that have not been compensated

Total

(VND) Reason

Was the settlement of this problem proposed to be settled? And when?

1

2

3

4


5

6

IV. PROJECT INFORMATION DISSEMINATION

10. Do you get information of the project?

1 Yes 2 No

11. From which source below that you got such information?

1 Posters 4 Local authorities

2 Notice board 5 Project staffs

3 Mass media (newspaper, radio...) 6 Population groups meetings

7 Others (in detail).....................

12. Do your thoroughly understand content of compensation, rights and interests you are entitled to and procedure of complaining, through information dissemination?

1 Yes 2 No

If “No”, why:

1 Unclear dissemination 3 Don’t know who to ask

2 Didn’t learn about it 4 Others, in detail:

Assets inventory

13. Have you been noticed in advance on time for measurement, inventory of your affected assets?

1 Yes 2 No

14. Did you participate in process of measurement, inventory of your affected assets?

1 Yes 2 No

15. Do you have any assets missing out?

1 Yes 2 No

If “Yes”, which is it? .........................................................................................................

16. Is the measurement of affected land, houses implemented exactly?

1 Yes 2 No

17. Did you review and sign in inventory minutes?


1 Yes 2 No

18. Do you keep one copy worksheet of your affected assets?

1 Yes 2 No

Compensation and supported payment for displaced households/households whose business is affected

19. Do you feel satisfy with compensation price?

1 Yes 2 No

If “No”, why:

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

Compensation and supported payment for households whose agricultural land is affected

20. Did you review the worksheet of compensation for your affected assets?

1 Yes 2 No

21. Did you receive any payment of compensation?

1 Yes 2 No

If “Yes”, is it:

1 Land compensation 2 Plants, crops compensation

22. When did you receive your compensation/support?

1 Before construction

2 During construction

3 After construction

23. Which kind of support below that your household received?

1 Support for ratio of lost agricultural land

2 Support for vocational training

3 Support for production stabilization/income recovery

4 Support for family under policy

5 Other supports (in detail): ………………………………….


6 Do have support but have not received any payment

7 Do not have any support

24. Do you satisfy with compensation price?

1 Yes 2 No

If “No”, why?

25. Does any member of household lose his/her job when land is acquired?

1 Yes 2 No

Complaints and complaints settlement

26. Do you have any complaint?

1 Yes 2 No

What is your complaint about?

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

27. Has your complaint been settled?

1 Yes 2 No

28. For how long.............................................................................................

29. Why not (in detail): ………………………………….........................…….

VI General comment

Would your pleased comment on the Project (its benefits; changes of pre- and post-project living conditions, if any, how was it changed; do you agree with the project implementation?…)

...........................................................................................................................................

Date ….. month …….year.....

Interviewer

(sign and full name)