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Resettlement Due Diligence Report

August 2015

VIE: Power Transmission Investment Program,

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

Transmission Line

Dak Nong Province

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

Transmission Corporation and the Asian Development Bank.

This resettlement due diligence 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 PROJECTS MANAGEMENT BOARD

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

Loan: VIE-2959

DUE DILIGENCE REPORT

(FOR IMPLEMENTATION OF LARAP/REMDP IN

THE POWER TRANSMISSION INVESTMENT PROGRAM IN

DAK NONG PROVINCE - TRANCHE 2)

August 2015

3

Table of Contents

I. GENERAL INFORMATION OF THE PROJECT .......................................................................... 6

1. Context and Project Implementation Progress ............................................................................. 6

2. Project of 500kV Pleiku – My Phuoc – Cau Bong TL: Dak Nong Province .............................. 6

II. IMPACT OF PROJECT 500KV PLEIKU – MY PHƯỚC – CẦU BÔNG IN GIA LAI

PROVINCE .............................................................................................................................................. 7

1. Scope of land acquisition ................................................................................................................. 7

2. Impact to the trees and crops.......................................................................................................... 7

3. Impacts on houses and structures .................................................................................................. 8

4. Numbers of affected households ..................................................................................................... 9

III. DUE DILEGIENT ACTIVITIES .................................................................................................... 9

IV. POLICY OF THE PROJECT ON REMDP ................................................................................. 10

1. Policy Prior to DMS and Updating of REMDPs ......................................................................... 10

2. Policy on REMDP Implementation .......................................................................................... 11

3. Management and Administration ............................................................................................ 12

4. Policy on REMDP Implementation .......................................... Error! Bookmark not defined.

5. Management and Administration ............................................ Error! Bookmark not defined.

V. FINDINGS ......................................................................................................................................... 14

1. Consultation, participation, information disclosure ................................................................... 14

2. Detail measurement surveys ......................................................................................................... 15

3. Entitlements.................................................................................................................................... 15

4. Compensation payment ................................................................................................................. 16

5. Provisions of Assistance ................................................................................................................ 17

6. Solving complaints and grievances ............................................................................................... 18

7. Monitoring ...................................................................................................................................... 20

VI. GAPs AND RECOMMEDED CORRECT ACTIONS ................................................................ 20

1. GAPs ............................................................................................................................................... 20

2. Recommended correct actions ...................................................................................................... 21

ANNEX 1. GAPs/ CAPs in Dak Nong Province .................................................................................. 22

4

TABLES

Table 1: Status of land acquisition in Dak Nong province ..................................................... 7

Table 2: Status of the impact on trees and crops .................................................................... 7

Table 3: Impact on houses and structures in Dak Nong province ......................................... 8

Table 4: Number of households with their lands permanently affected, the number of

households with their lands affected by the corridor and the number of households

displaced their home .................................................................................................................. 9

Table 5: Some types of information disclosure in the project .............................................. 15

Table 6: Compensations and assistance activities peformed until 30/8/2015 ..................... 17

Table 7: Implementation of assistance in Dak Nong Province ........................................... 18

Table 8: Situation and numbers of complaints and grievances in Dak Nong province ..... 18

Table 9: Outstanding petitions in Dak Nong province ......................................................... 19

5

ABBREVIATIONS

ADB Asian Development Bank

AFD Agence Française de Développement

AP Affected households

CPMB Central Vietnam Power Project Management Board

CEMP Contractor’s Environmental Management Plan

CPCs Commune People’s Committees

CPMB Central Power Projects Management Board

DARD Department of Agriculture and Rural Development

DPCs Commune People’s Committees

DONRE Department of Natural Resources and Environment

DRCC District Resettlement and Compensation Committee

REMDP Ethnic Minority Development Plan

FGDs Focus Group Discussions

GoV Government of Vietnam

LARAP Land Acquisition and Resettlement

IDIs In-depth interviews

IEE Initial Environmental Examination

MONRE Ministry of Natural Resources and Environment

NPT National Power Transmission Corporation

PAHs The project affected households

PAPs The project affected peoples

PPC Provincial People Committee

PTC3 Power Transmission Company No.3

PTC4 Power Transmission Company No.4

RoW Right of Way

TL: Transmission line

6

I. GENERAL INFORMATION OF THE PROJECT

1. Context and Project Implementation Progress

1. The Socialist Republic of Viet Nam has applied for a loan from the Asian

Development Bank (ADB) for the co-financing with Agence Francaise de

Development (AFD) towards the cost of the Power Transmission

Investment Program, Tranche 2. Part of the proceeds of the loan will be

applied for the construction of the Pleiku - My Phuoc - Cau Bong 500 kV

transmission line. The National Power Transmission Corporation (NPT) is

the investor and executing agency. The Central Vietnam Power Project

Management Board (CPMB) is the management and implementing agency

for the project.

2. The Pleiku - MyPhuoc - Cau Bong 500kV transmission line is a high

priority project and is one of several projects for construction to meet its

target of connecting 90% of the population to have access to electricity by

2020 and 100% by 2025. The project 500kV Pleiku - My Phuoc - Cau

Bong has overall objective of ensuring the supply of electricity for

southern regional growth phase from 2014 to 2015, while ensuring the link

of transmission networks of three countries of Vietnam - Laos - Cambodia

in 2015. The project will also contribute to improve the reliability of power

supply, reduce power losses and ensure maximum mobilization capacity of

the power plant to provide electricity safely, continuously for the loading

areas in the South in particular, nationwide in general the transmission

lines traverse 06 provinces and city are: Gia Lai, Dak Lak, Dak Nong and

Binh Phuoc, Binh Duong and Ho Chi Minh city.

2. Project of 500kV Pleiku – My Phuoc – Cau Bong TL: Dak Nong Province

3. In Dak Nong province, the transmission line affected to 20 communes in 6

districts, the line of Pleiku 500kV - My Phuoc - Cau Bong has a length of

119,749 km, starting at the position Picket 1576 + 09 (G25-G26) and

ending at position Picket 2735 + 42 (G53 - G54).

4. There are total 237 built town columns in which having 205 anchor

columns and 32 suspension columns. The safety corridor width is 32m, the

area occupied per anchor column is 337.62 m², the area occupied per

suspension column is 653.4 m².

7

II. IMPACT OF PROJECT 500KV PLEIKU – MY PHƯỚC – CẦU BÔNG

IN DAK NONG PROVINCE

1. Scope of land acquisition

5. The project acquired permanently 88,033 m2 land area for the construction

of 237 town columns. Actual temporary borrowing land area for road

construction, materials yard is 14,476 m2.

6. Actually the affected land area under safety corridor with limited land use

purpose is 2,963,193 m2.

Table 1: Status of land acquisition in Dak Nong province

Nr

District

Permanently

acquired land

area

(m2)

Restricted land

areas in using

under the ROW

(m2)

Temporary land

area in using for

preparing

construction (m2)

1 Cư Jút 5.769 239.641 1.240

2 Đăk Mil 8.028 197.211 1.320

3 Krông Nô 19.295 554.519 3.570

4 Đăk Song 25.971 1.043.261 4.180

5 Tuy Đức 23.764 768.921 3.010

6 Đăk R'lấp 5.207 159.640 1.156

Total 88.033 2.963.193 14.476

2. Impact to the trees and crops

7. There are total 101,758 trees were cut down. Among the affected trees

were cut down, including 91.5% industrial plants as rubber, cashew, coffee

while fruit trees shares remaining 5.9%, other trees are accounted for

3.6%.

Table 2: Status of the impact on trees and crops

District Total trees Industrial Fruit trees Others

8

and crops

(Trees)

trees

Cư Jút 23,481 18,769 4,142 570

Đăk Mil 8,862 1,211 5,461 2,190

Krông Nô 14,315 11,118 1,807 1,390

Đăk Song 25,752 16,983 7,480 1,289

Tuy Đức 13,451 12,178 917 356

Đăk R'lấp 15,897 14,211 897 789

Total 101,758 74,470 20,704 6,584

3. Impacts on houses and structures

8. In the province of Dak Nong, affecting 348 houses and structures including

103 houses, but most of them are small houses to guard the crops, storage

houses of agricultural materials and agricultural products, and there are

245 other structures like kitchen, courtyard and tower were replaced.

Table 3: Impact on houses and structures in Dak Nong province

District

Total Houses Structures

(Kitchen, toilet, animal

cages…)

Cư Jút 92 45 47

Đăk Mil 19 9 10

Krông Nô 40 12 28

Đăk Song 122 122

Tuy Đức 41 18 23

Đăk R'lấp 34 19 15

Total 348 103 245

9

4. Numbers of affected households

9. There are total 1,626 affected HHs in the construction project. In which,

the numbers of affected households with their lands were acquired

permanently land are 277 HHs. There are 1,349 HHs were affected by the

safety corridor, there are 103 HHs were displaced permanently (see table

below).

Table 4: Number of households with their lands permanently affected,

the number of households with their lands affected by the corridor and

the number of households displaced their home

District

Total

number

of

affected

HHs

In which

The number of

households with

their lands

permanently

affected

The number of

households with

their lands affected

by the corridor

The number of

households

displaced their

home

Cư Jút 429 65 364 45

Đăk Mil 98 21 77 9

Krông Nô 317 51 266 12

Đăk Song 402 59 343

Tuy Đức 269 66 203 18

Đăk R'lấp 111 15 96 19

Total 1626 277 1349 103

III. DUE DILEGIENT ACTIVITIES

10. The REMDP for the project in Dak Nong province have been developed

and approved by ADB in January, 2012. There is a DDR has been prepared

by CPMU for the project at the same time due to land acquisition had been

done before the REMDP approved. So far, the implementation of REMDP

and DDR has still been incomplete though the construction has ended to

put the project into the operation phase from 5/2015.

10

11. There are some existing issues which now are largely focused on the

impact under the project corridor with the changes in the regulations on

land acquisition and compensation by the Government of Vietnam.

Therefore, an updating DDR is required to develop in order to ensure the

operational implementation of REMDP matching the requirements of the

SPS 2009 and policies in REMDP which has been approved by ADB for

the implementation.

IV. POLICY OF THE PROJECT ON REMDP

12. The Power Transmission Investment Program has 20 common policy

requirements, stated as NPT’s policy commitments, which were written in

the REMDP documents. They were reconciled from the relevant

legislations of the Government of Vietnam (GoV) and the policy

requirements of ADB and reflected in this report as among the bases in

assessing the CPPMB’s compliance on land acquisition. While the policies

were prescribed for the updating of REMDP, they are also applied in the

PPTA. They cover the activities in planning and implementation as well as

the management of the social safeguard documents, such as follows:

1. Policy Prior to DMS and Updating of REMDPs

(i) No land acquisition or site clearing will be done for the ROWs and towers

ahead of Project implementation. Land acquisition or clearing of the

ROWs will only be undertaken upon completion of payment for

compensation based on updated REMDP duly approved by ADB drawn

from detailed design of the Project.

(ii) Permanent or temporary acquisition and/or clearing of lands that will result

to physical and/or economic displacements of persons or households will

be avoided or minimized, as much as possible, by identifying feasible

alternatives in Project engineering design, alignment of ROWs, access

roads, and work stations.

11

(iii) Joint participatory consultations and meetings with Project-based

stakeholders, displaced persons (DPs also known as APs) and community

organizations will be carried out prior to detailed measurement survey

(DMS), during the updating and implementation of the REMDP. Women,

disabled, the elderly and ethnic minorities will be invited to participate in

the consultations and meetings. The comments and suggestions of the DPs

will be recorded and taken into account for consideration in the updating or

implementation of the REMDP, where legally acceptable and ethically

relevant.

(iv) DPs will be systematically informed and consulted about the Project, the

rights and options available to them, the proposed mitigating measures,

special assistance measures to vulnerable groups and the need for the

preparation of REMDP. The REMDP will be disclosed in a language

according to the ethnicity of the DPs and involve them in decision-making

process concerning their resettlement.

(v) The NPT will conduct due diligence on the ownership of affected assets,

with assistance from representatives of the commune or village

government, and identify 100% of the DPs who are severely and

marginally affected by land restriction and/or land acquisition. Severely

affected DPs are those who stand to lose 10% or more of their economic

and important assets while marginally affected DPs are those who will lose

below 10% of the same.

(vi) Detailed measurement survey will use a survey tool that will enable to

segregate important data on DPs by sex and ethnicity as basis for updating

the compensation and assistance due them.

(vii) The authority that should declare the cut-off date of eligibility of the DPs

who are eligible to receive compensation and assistance will be vested on

the respective district resettlement and compensation committee.

(viii) Replacement cost surveys will be carried out as bases for compensation of

DPs, based on replacement costs, in compliance with the compensation

policy of the GoV and ADB.

2. Policy on REMDP Implementation

12

(i) Compensation on the affected properties of DPs will be based on

replacement cost, without provisions for deduction of the following: (i)

stamp, duties, fees or other payments in case of land; and (ii) depreciation

and salvage value of construction materials in case of houses and other

structures.

(ii) Payment of compensation to DPs will not be differentiated between the

male and the female household heads and between the member of

mainstream society and the ethnic minority.

(iii) DPs residing, working, cultivating land and/or doing business during the

DMS for the update of the REMDP are entitled to be compensated for their

lost assets, incomes and businesses at market prices prevailing at the time

of compensation.

(iv) All DPs whose names are included in the cut-off date established by the

district compensation and resettlement committee are entitled to receive

compensation. DP from the mainstream society who has no title or any

recognizable legal rights to land will be compensated for non-land assets,

at replacement cost.

(v) DP from any of the recognized ethnic minority groups without title to the

affected land but with claim to such land will be compensated based on

replacement value, if it remains viable for use, or replacement land that is

culturally appropriate to their environment or habitats.

(vi) Special assistance measures will be provided to the severely affected DPs

who shall become vulnerable due to the project, with particular attention to

women, children without means of support, disabled, the elderly and

landless as well as ethnic minorities and people with incomes below the

poverty line. Institutional DPs are excluded from receiving such assistance.

(vii) Resettlement of people will be implemented only upon confirmation on the

availability of resettlement site/s that was consulted with DPs and

culturally appropriate for DPs who are ethnic minorities. DPs who decide

to be relocated in the earth grounding zones will be provided with fireproof

materials and lighting arrestors.

3. Management and Administration

13

(i) Effective institutional arrangements and human resources for consultation,

liaison, land acquisition, resettlement and monitoring will be established to

ensure the efficient implementation of REMDP

(ii) Effective mechanism for arbitration of grievance redress will be

established with their members will come from the project-based

stakeholders, DPs, women representatives and ethnic minorities.

(iii) Adequate budgetary support for payment of compensation, assistance, and

resettlement will be committed and released to DPs during REMDP

implementation.

(iv) Reliable and efficient database system will be established for the internal

monitoring of REMDP implementation.

(v) The NPT will hire an external monitoring agent (EMA), in behalf of ADB,

for the bi-annual external monitoring and evaluation of REMDP

implementation. Confirmation by EMA on the satisfactory compliance on

REMDP implementation will pave the way for NPT to request for “No

Objection” from ADB for the award of civil works contract/s.

13. In additional, there are the following decisions have been applied in the

implementation process REMDP in Dak Nong province.

Decision No.05/2010/QD-UBND dated on 23/02/2010 of People's

Committee of Dak Nong having Provisions on compensation and

assistance policy as State acquires the land. Compensation and

assistance referred to the construction of buildings and structures on

the land, trees and crops;


Committee of Dak Nong province on amending and supplementing

some articles of the Decision 05/2010/QD-UBND;


Committee of Dak Nong province on amending point b, Clause 6,

Article 1 of Decision 12/2011/QD-UBND dated on 01/03/2011 of

People's Committee of Dak Nong province on amending and

supplementing some articles of the Decision 05/2010/QD-UBND

dated on 23/02/2010.

14


Committee of Dak Nong province on regulations on unit prices of

lands in the province of Dak Nong of the year 2011.


Committee of Dak Nong province on regulating unit prices of lands in

the province of Dak Nong in the year 2012.


Committee of Dak Nong province on regulating unit prices of lands in

the province of Dak Nong in 2013.


Committee of Dak Nong province issued regulations on compensation

and assistance to lands and assets attached to land under the safety

corridor in the high voltage of transmission line.


Committee of Dak Nong province on regulating compensation for

unit prices for crops on acquiring land when the State acquires the

land in Dak Nong province.


Committee of Dak Nong province on issuing unit prices of newly

building houses, properties and structures in the province of Dak

Nong.

V. FINDINGS

1. Consultation, participation, information disclosure

14. Immediately after receiving the REMDP, CPMB conducted translating

documents into Vietnamese language and prepared a summary report on

REMDP. In May and June 2012, PECC4 worked with CPMB officials

conducting information disclosure. The safety data sheets were distributed

down rooted to the affected villages by the project and requested the

commune authority listed publicly in CPC’s offices;

15

15. The community meetings were implemented by DCARBs performed on all

the communes affected by the project, with the participation of the staff of

the CPMB Compensation Division. However, the monitoring results

shown that there is about 12.6% affected HHs they still did not receive the

project information because of the language barriers, partly they did not

attend the consultation meetings, partly the season is due to capacity of

DCARBs staff to disseminate information on the project.

Table 5: Some types of information disclosure in the project

Nr Types of information disclosure

Implemented

On

REMDP Actuality

1 Village meetings for villagers yes Completed

2 Dissemination of information through the

louder speakers in communes

yes Completed

3 Put publicly the land acquisition and

compensation policy in CPC’s office

yes Completed

4 Guidance on solving grievance and redress

mechanism

yes Completed

2. Detail measurement surveys

16. The detail measurement surveys were conducted after the DPC’s notice of

statistical cut-off date. The detail measurement survey was conducted with

the participation of the heads of affected households, commune land

officers of affected communes and village heads of affected villages.

17. The process of DMS was properly done as the results of detail

measurement surveys were recorded in the working minutes of the

counting and representatives of affected households kept a copy.

3. Entitlements

16

18. The unit prices of compensation for lands, trees and crops are based on the

Decisions issued by the PPCs as the State acquired the land in the

province. Accordingly to this adjustment, the coefficient index is 1.5 times

instead of 0.983 times as before.

19. Despite of hiring an external consultant for unit price appraisals, the name

of company is JSC Information and Price Appraisal operating in central

Vietnam on land and property and structures on lands. Accordingly to this

consulting company, they provided the report ‘14/05/046’ of Price

appsairal dated on 05/14/2014 with the unit prices are all lower than the

unit prices which are issued by the PPC. Although affected households

have received the compensation payment at unit prices are lower than the

market prices, they still repeated their complaints and grievances about the

compensation rate for land, property and structures; typically there was 01

households having the house under the transmission line, they asked for

displacement of the house and relocation to new place (Ha Van Gioi in

Nam Dong, Cu Jut district).

4. Compensation payment

20. CMPB working in coordination with the district Board of Compensation

and Land Clearance conducted the compensation payment and all types of

assistance to affected households.

21. In 2011, 70% payment of compensation to affected HHs in the position of

tower columns was done in order to have land clearance for construction.

After the compensation plan was approved, they were continued to be paid

the remaining 30%. Until 2012, the payment was carried out once with

100% of the amount of compensation and assistance for the affected HHs

for land clearance.

22. CMPB has paid compensation to the affected HHs under the witness and

confirmation of payment of CPC’s representatives which were held at the

headquarters of the CPCs. Some cases of special reasons, the affected HHs

could not come to CPC offices to receive the payment, the CMPB’s staff

visited homes of the affected HHs to pay the compensation, the commune

officials accompanied the trips and confirmed the payment.

17

23. There are 06 affected households had to perform compulsory resettlement

including 02 households in Cu Jut district, 01 households in Dak Sor

district, 02 households in Dak Song district. These above households had

received fully the compensation for their owned resettlement. Especially

for 01 household in Cu Jut district, the district Board of Compensation and

Land Clearance had to consult Dak Nong PPC for special compensation

rate for some assets which are not included in the prescribed list of PPC

regulating the unit prices of agricultural products for example: stove price.

Table 6: Compensations and assistance activities performed until 30/8/2015

District

Permanent

affected lands

(VND)

Land area

affected in

the safety

corridor

(VND)

Compens

ation and

Assistanc

e for

temporar

y land

(VND)

Compensatio

n and

Assistance for

trees and

crops (VND)

Numbers of

houses and

structures

Total

compensation

and assistance

up to date

(VNĐ)

Cư Jút 25,268,200,951 5,769 239,641 1,240 23,481 92

Đăk Mil 4,287,685,942 8,028 197,211 1,320 8,862 19

Krông Nô 11,703,092,288 19,295 554,519 3,570 14,315 40

Đăk Song 26,718,999,354 25,971 1,043,261 4,180 25,752 122

Tuy Đức 14,695,815,992 23,764 768,921 3,010 13,451 41

Đăk R'lấp 11,910,279,757 5,207 159,640 1,156 15,897 34

Total 94,584,074,284 88,033 2,963,193 14,476 101,758 348

5. Provisions of Assistance

24. The assistance activities were done mainly for affected households in

vulnerable groups (see Table 7). There are 7 groups of 91 ethnic minority

people permanently affected by land acquisition. On total land acquisition,

31.2% belonged to Thai ethnic minority; 23.6% belonged to Tay ethnic

minority; and 17.0% belonged to S'tieng ethnic minority; and 15.6%

belonged to M’Nong ethnic minority. The land acquisition is lower in

some ethnic minority groups such as Nung, Ede, Muong: 7.4%, 2.7%,

2.5% respectively. The monitoring results shown that the land acquisition

in ethnic minority areas is also very little or no direct indirectly negative

impact on the livelihoods of these households and (i) the dignity, human

rights, livelihood systems, their culture; (ii) a territory or natural resources,

culture (iii) requires to acquire the property or ancestral territory.

18

25. The monitoring is shown that the land acquisition activities did not damage

for ethnic minorities, because (i) it will not involve commercial

development of cultural resources and their knowledge (ii) they will not be

moved physically from government land was allocated to them for the

purpose of using their traditional culture; and (iii) there will be no

commitment to commercial development of natural resources in the

territory of that influence to livelihood, culture, suspected spirit activities

identified in their community.

Table 7: Implementation of assistance in Dak Nong Province

District Total

Numbers of assisted HHs

Social

works

HHs

Assistance

for rent

houses

Stability

of living

Removal

of their

houses

Support

for the

poor

HHs people

with disability

in working

age

Cư Jut 81.000.000 - 18 - 18 - -

Đắk Song 268.000.000 4 8 - 70 13 5

Đắk R'Lấp 3.000.000 - 1 - - -

Krong Nô 209.388.120 - 8 5 9 1 -

Tuy Đức 251.012.000 - - 2 5 -

Total 812.400.120 4 35 5 99 19 5

6. Solving complaints and grievances

26. There are many grievances to complain in the project in Dak Nong

province. The complaint issues in Dak Nong province focused mainly on

the compensation rate for land and trees and crops.

27. In general, the resolution of complaints were complied with current

regulations of Vietnam law consistent with the complaint process and

resolving complaints in the project according to REMDP mentioned in the

report that was established initially though complaints often send straight

to the District DPC or simultaneously sending to Board of Compensation

and Land Clearance or sending to Land Development Fund Center, some

affected HHs have sent directly to the Dak Nong PPC.

19

Table 8: Situation and numbers of complaints and grievances in Dak

Nong province

District Numbers of

grievances

In which

Solved Remain

Cư Jút 289 289 0

Đăk Mil 45 44 1

Krông Nô 128 128 1

Đăk Song 178 176 2

Tuy Đức 89 89 0

Đăk R'lấp 38 37 1

Total 767 762 5

Table 9: Outstanding petitions in Dak Nong province

Nr Commune,

District

HH Claimed

content

Solving feedbacks

1 Truc Son

commune,

Cư Jut

district

Bien Truc The

compensation

rate for

structures and

assets are not

relevant

The Center of Land

Development Fund replied by

65/CV-HĐBTGPMB date don

16/07/2014 to explain

2 Nam Dong

commune,

Cư Jut

district

Nguyen

Van Dau

The

compensation

value did not

fit with the

compensation

package

The Center of Land


the oficial letter Nr. 1087/CV-

HĐBTGPMB dated on

26/05/2014 to explain

3 Nâm

N’Jang

commune,

Pham Van

Huong

No

compensation

for land,

The Center of Land


the oficial letter 24/CV-

20

Nr Commune,

District

HH Claimed

content

Solving feedbacks

Dak Song structures, and

trees

HĐBTGPMB dated on

14/04/2014

7. Monitoring

28. The independent monitoring was mobilized in 2014 and the mission has

conducted 3 missions in total 4 monitoring missions.

29. The recruitment of individual consultants of the project was later than it

planned. The individual consultant was mobilized in September 2014, so in

the process of implementing REMDP (from 1/2012 - 8/2014), internal

monitoring was carried out by CMPB. CMPB has sent 02 staff in charge of

the operation of compensation, support and resettlement in the province of

Dac Nong. The officers regularly collected data and sent to CMPB.

However, the collected data is poor quality so far.

VI. GAPs AND RECOMMEDED CORRECT ACTIONS

1. GAPs

30. So far, the REMDP in Dak Nong province has nearly completed. The

implementation process of the plans in Dak Nong province have been

basically done in compliance to the project policy, however there are still

some GAPs in the implementation of project policy. This DDR stressed the

need to review the GAPs as the shortcomings happened in the

implementation are needed to be implemented in coming time. It specified

as follows:

The activities of compensation, assistance are inconsistent from internal

and external corridor. The land clearance and cutting down trees are done

outside corridor should be compensated under the policy;

Due to administrative procedures, adjusting the certificate of land use right

has not been fully implemented for the affected HHs.

There are still many houses and structures in the RoW of safety corridor

despite receiving compensation and full assistance.

There is a household in Nam Xuan commune, Krong No district has not

received compensation and any assistance.

21

There is a household in Quang Tan commune, Tuy Duc district has yet to

receive the land for resettlement. The DPC continues to pay the rent house

VND 1.5 Mil. per month.

2. Recommended correct actions

31. To ensure compliance with project policy to meet the requirements of the

GOV and ADB in the implementation of the mitigation of the impact of

the project on land acquisition and enhance the effectiveness of the project,

the activities in Annex 1 must be implemented as soon as possible.

32. CMPB should send the written request to the DPC and the Board of

Compensation and Land Clearance to implement the GAPs actively, and it

should be able to complete the implementation during 10/2015.

22

ANNEX 1. GAPs/ CAPs in Dak Nong Province

Place GAP

CAP/ Responsible

implementation

Timeframe

Cư Knia

commune,

Cư Jut

district

There are total 13

households in the province

required to provide support

for the limited land use due

to cut their rubber trees

outside the safety corridor

to avoid the accident of

trees fallen into

transmission line.

CPMB should be able to

promote settlement to support

the cutting rubber trees

outside the corridor which

must be cut down for a

safetyoperation of the

transmission line.

Complete

before

December

2015

At present, there are 8

households have not

adjusted their certificates of

land use rights in the

district though these

households have received

compensation

It is suggested that the

Department of Infrastructural

Economics of Cu Jut District

should work with the Bank

by a contact and to adjust the

certificates of land use rights

to these households

Complete

before June

2015

Nam Dong

commune,

Cư jut

district

There is still existing of the

compensated

infrastructures in the RoW

of safety corridor of 500kV

transmission line

CPMB and PTC3 should

work with DPC and Center of

Land Development Fund to

propagate to dismantle these

compensated infrastructures

in the RoW of the safety

corridor.

Do

immediately

The pepper growers have

cultivated peper trees under

transmission line using

metal wires to were

electrocuted in numbness

PTC3 should perform

electrical safety advocacy for

the people, namely people

should not use metal wires to

anchor the pepper trees.

Do

immediately

Nam Xuân

commune,

Krong Nô

district.

Some HHs still have paddy

fields in RoW, they have

not yet been compensated

for the displacement.

There is one household

with a part of the house get

In working of a collaboration

with the Center of Land

Development Fund of Krong

No districtand Nam Xuan

CPC, and communities to

check, measure again to

Do

immediately

23

inside the RoW in 1m. perform displacement

assistance for such these

HHs.

The tower column is next

to this household was lost

the pole materials to

against the lighting

CPMB should work with

PTC3 in coordination with

local governments to install

this equipment of lightning

protection, ensure the safety

of tower column.

It should be able to conduct

propaganda activities on

electrical safety and protect

the transmission lines in the

locality.

Do

immediately

Nâmn’

Giang

commune,

Đắk Song

district

Some HHs have not

received compensation for

the lost land.

There are 07 households

located near the RoW they

are not install the set of

grounding device, they are

concerned about the effects

of electromagnetic impacts

to their lives.

CPMB and Dac Song Board

of Compensation and

Reseetlement should check

and complete the payment of

compensation.


install the grounding device

for anti-about the effects of

electromagnetic for the

remaining households in this

commune.

PTC3 also should

communicate to people about

electrical safety

Do

immediately

Phan Boi Chau Primary

School was built after the

construction of the

transmission line. Distance

of outer edge of the RoW

to school premises is about

30m, and up to

approximately 40 m to the

class, the class is a building

with metal roof, but the


coordinate with school

leaders to implement the

earth connection device for

this school

As early as possible to

provide propaganda electrical

safety in schools

Do

immediately

24

grouding connection to

reduce the

electronicmanetic which

has not yet been made

grouding connection, so

they are afraid of potential

risks for pupils and

teachers

Nam Xuân

commune,

Krông Nô

district;

The compensation

payments are requested to

continue to restrict the use

of land to organizations

and individuals of rubber

plantation outside the RoW

as the risk causing unsafe

of the trees may be fallen

into the line, so the trees

are required to remove.

CPMB should conduct a

survey in collaboration with

the Dak Nong Department of

Natural Resources and

Environment, DPC and towns

to determine the land area

outside the RoW, but it

should be able to limit the

land use, and agree on the

unified support levels

accordingly

Done before

December

2015

Nâmn’Jang

commune,

Đăk Song

district

There is a Nguyen Van

Sang household, the HH

had reclamation cultivating

the crops under the RoW,

the consultants in a design

in consulting local

authorities to forget not

include this HH in the list

of compensation, so the

HH could not be

compensated, so they have

many complainations. As

said by Chair of Commune,

they asked to put the HH in

the supplementary listto

send to higher level, but the

HH has not yet received

additional compensation.

The Center of Land

Development Fund should

check this case and

implement the additional

compensation as soon as

possible.

Do

immediately

25

Quang Tan

commune,

Tuy Đức

district

There are 2 households

with cultivation house next

to the RoW, but they have

not yet made the

connection to earth


conduct the installation of

earth connection for

households.

There is a need to

disseminate the safety

electricity for households in

the areas of the

communes/town under the

crossing lines

Do

immediately

Quang Tan

commune,

Tuy Duc

district

Some HHs have not

received the land

resettlement. It is shown

that they are continued to

be paid the rent house in

each month 1.5 million /

month

CPMB needs to check the

cause why the HH has yet to

receive land resettlement;

Do

immediately

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