Social Monitoring Report - Asian Development Bank...(as of September 2017) $1.00 = VND 22,350...

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Social Monitoring Report

3rd Quarterly Report (July-September 2017) Jan 2019

VIE: Power Transmission Investment Program -

Tranche 3

Prepared by Southern Power Project Management Board for the Asian Development Bank.

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CURRENCY EQUIVALENTS

(as of September 2017)

$1.00 = VND 22,350

ABBREVIATIONS

ADB - Asian Development Bank

AHs - affected households

APs - affected persons

CP - compensation plan

CPC - Commune People’s Committee

DCARB - District Compensation, Assistance and Resettlement Board

DMS - detailed measurement survey

DPC - District Peoples Committee

DPs - displaced persons

EA - executing agency

EMA - external monitoring agency

GOV - Government of Viet Nam

IA - implementing agency

IOL - inventory of losses

km - kilometer

kV - kilovolt

LURC - land use right certificate

MOLISA - Ministry of Labor, Invalid and Social Affairs

MONRE - Ministry of Natural Resources and Environment

m² - square meter

MFF - multi-tranche financing facility

NPT - National Power Transmission Corporation

PIB - Public Information Brochure

PIC - Project Implementation Consultants

PPC - Provincial People’s Committee

RCS - replacement cost study

ROW - right-of-way

RP - resettlement plan

SPMB - Southern Vietnam Power Project Management Board

SES - socioeconomic survey

SPS - Safeguard Policy Statements

TA - technical assistance

TL - transmission line

VND - Vietnam Dong (Vietnamese Currency)

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ELECTRICAL TERMINOLOGY

kV (kilovolt) 1,000 volts MW (Megawatt) 1,000 kW MVA (Megavolt-ampere) 1,000 kVA Transmission System 500 kV, 220 kV, 110 kV lines Medium Voltage Distribution (MV) 35 kV, 22 kV or 10 kV lines supplying distribution

substations Low Voltage Distribution (LV) 400/230 V distribution and service lines Load Factor Ratio of average power demand to maximum power

demand Electrical Losses Difference between energy delivered and energy

sent out

REMARKS

In this report, "$" refers to US dollars.

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.

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Introduction and Project Overview1

Project Number and Title:

Loan 3374 - Power Transmission Investment Program - Tranche 3

Social Safeguards Category

Indigenous Peoples B

Involuntary Resettlement

A

Reporting period: July to September 2017

Last report date: 30 June 2017

Key sub-project activities since last report:

- Preparation of DDR for TL segment in Long An Province under 500 kV My Tho-Duc Hoa TL has been submitted to ADB for review.

- Follow up the CAP implementation for second transformed bank subprojects and associated facilities projects;

1 For projects categorized as A or B in Involuntary Resettlement and/or Indigenous People, the Borrowers/clients are required to submit semiannual/quarterly monitoring reports for ADB review and disclosure. This template can be used for periodic monitoring report (semiannual) and RP/REMDP/EMDP completion report to start the civil works in the impacted areas. The level of detail and comprehensiveness of a monitoring report is commensurate with the complexity and significance of social safeguards impacts (IR and IP) and with the recent status of project implementation phase. The project team can adjust the contents of the report as relevant with the project activity.

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TABLE OF CONTENTS

REMARKS ............................................................................................................................. 3

A. Executive Summary ........................................................................................................ 6

B. Background of the Report and Project Description .......................................................... 6

C. Scope of Impacts ........................................................................................................ 8

D. Detailed Resettlement Implementation Progress ......................................................... 0

1. Public information disclosure and consultation ............................................................ 0

2. DMS process............................................................................................................... 2

3. Preparation and approval of compensation plans ........................................................ 3

4. Process of compensation payment .............................................................................. 3

5. Process of resettlement and site clearance ................................................................. 5

6. Income Restoration Program ....................................................................................... 6

E. Operation of Grievance Redress Mechanism (GRM) ...................................................... 6

F. Institutional Matters and Capacity Training ..................................................................... 6

G. Compliance Status ...................................................................................................... 7

H. Follow up Actions, Recommendation and Disclosure .................................................. 9

1. Follow up Actions plan for the second bank subprojects ............................................. 9

2. Recommendations and Time-Bound Actions ............................................................... 0

Appendix 1 – MEETING MINUTES ........................................................................................ 2

Appendix 2 - List of affected households have agreed to construction ................................. 21

Appendix 3. Notice to find land owner on Ba Ria Vung Tau newspaper issued 12 August 2017 .................................................................................................................................... 22

LIST OF TABLE

Table 1. List of Subprojects and Status of Social Safeguard Document Preparation .............. 7

Table 2. Scope of Impacts of the Subproject .......................................................................... 0

Table 3. Impacts on Land (m2) ............................................................................................... 0

Table 4. Consultation, Participation, and Information Disclosure by Subprojects ................... 1

Table 5. Dates of Public Meetings and Consultations during the RP Updating ....................... 1

Table 6. Highlights of Public Consultations ............................................................................ 1

Table 7. DMS Status of the Subprojects ................................................................................ 2

Table 8. General Progress in Compensation ......................................................................... 4

Table 9. General Progress in Land Clearance and Handing Over of Land for Civil Works ..... 5

Table 10. Status of Safeguards-Related Loan Covenants ...................................................... 7

Table 11. Summary of shortcomings and corrective action implementation ........................... 0

Table 12. Time-bound Required Actions ................................................................................ 0

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A. Executive Summary

1. The Asian Development Bank (ADB) on 16 December 2011 approved a multi-tranche financing facility (MFF) in the amount of $730 million for the Power Transmission Investment Program (PTIP). The Vietnam Electricity National Power Transmission Corporation (NPT) is the executing agency (EA), while the Southern Power Project Management Board (SPMB) is the implementing agency (IA). ADB approved Tranche 1 in December 2011, Tranche 2 in November 2012, and Tranche 3 in December 2015.

2. Among the nine subprojects included in PTIP-Tranche 3, seven are under the management of SPMB. In which, three subprojects, namely the 500 kV My Tho-Duc Hoa Transmission Line (TL), 500 kV Duc Hoa Substation (SS), and 220 kV Vung Tau SS involve land acquisition while the four subprojects, which are the extension of (i) 220 kV Tra Vinh SS, (ii) 220 kV Uyen Hung SS, (iii) 220 kV Duc Hoa SS, and (iv) 500 kV Cau Bong SS requires the installation of second transformer within the boundary of the existing substations, thus no additional land acquisition impact is occurred.

3. As of September 2017, the subprojects of 500 kV My Tho-Duc Hoa TL and 500 kV Duc Hoa SS are identified to affect a total of 328,479.90 m2, affecting 3,005 households. In addition, the two subprojects will cause impacts on 17,396 m2 of houses and 8,162.4 m2 of secondary structures. As for 220 kV Vung Tau SS, the subproject affects 99 households (including 79 households at the substation location and 20 households by the connection line component) and acquires 36,485.8 m2. The 220 kV Vung Tau SS requires the relocation of 15 households who have already moved to the resettlement site in Ward 10 of Vung Tau City since 2016.

4. This internal social safeguard monitoring report is prepared covering the period from July to September 2017 and key activities implemented for the subprojects during the said period. These focus on the preparation of the updated Resettlement Plans (uRPs) based on the progress of DMS and consultation activities and compensation plan preparation for the affected households. Compensation payment activities under the 3 subprojects are reported as well as outstanding issues and further actions are also proposed in the report.

B. Background of the Report and Project Description

5. Recognizing the need to overcome current constraints in the power sector to ensure that the rapidly growing electricity demand could be met in an economically and environmentally sustainable manner, the Government of Viet Nam (GOV) approved in 2011 the National Power Sector Development Master Plan VII (PDMP VII). Under PDMP VII, the government approved multiple power generation and transmission projects to be implemented during 2011-2020.

6. The Asian Development Bank (ADB) on 16 December 2011 approved a multi-tranche financing facility (MFF) in the amount of $730 million for the Power Transmission Investment Program (PTIP). The Vietnam Electricity National Power Transmission Corporation (NPT) is the executing agency (EA), while the Central Power Project Management Board (CPMB) and Southern Power Project Management Board (SPMB) are the implementing agencies (IAs). ADB approved Tranche 1 in December 2011, Tranche 2 in November 2012, and Tranche 3 in June 2015. Tranche 3 is being carried out with nine subprojects, namely, the installation of a second transformer bank each for the (i) 220 kV Duc Hoa Substation (SS), (ii) 500 kV Cau Bong SS, (iii) 220 kV Tra Vinh SS, (iv) 220 kV Uyen Hung SS, and (v) 220 kV Vung Tau SS; construction of new transmission lines that include the 220 kV Binh Long-Tay Ninh Transmission Line (TL) and the 500 kV My Tho-Duc Hoa TL; and construction of new substations that include the 500 kV Chon Thanh SS and the 500 kV Duc Hoa SS and Connections. Among these subprojects, seven subprojects, namely the installation of second transformers for the 220 kV Duc Hoa SS, 500 kV Cau Bong SS, 220 kV Tra Vinh SS, 220 kV Uyen Hung SS, 220 kV Vung Tau SS and the construction of 500 kV My Tho-Duc Hoa TL and 500 kV Duc Hoa SS are under the management of SPMB whereas the remaining two subprojects are under the management of CPMB.

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7. The Project is categorized A for involuntary resettlement and B for indigenous peoples2. The social safeguards documents prepared during the preparation phase and requirements for social safeguard documents during the project implementation phase are summarized below:

Table 1. List of Subprojects and Status of Social Safeguard Document Preparation

Subproject

Social Safeguards Documents Prepared

during Preparation

Social Safeguards Documents Required in

Implementation

Status of Required Social

Safeguards Documents

Disclosure status of the

Social Safeguards Documents

Construction of 500 kV My Tho-Duc Hoa TL

2 RPs (one for each province)

Updated RPs (one for each

district)

Not yet due DMS are not complete

FS RPs disclosed on

ADB website in June 2015

Construction of 500 kV Duc Hoa SS and connection lines

1 RP for both substation and connection line

components

Updated RPs (one for the

substation and one for

connection lines)

Not yet due DMS are not complete

FS RP disclosed on ADB website

in June 2015

Extension of 220 kV Vung Tau SS*

1 RP for Vung Tau SS and 1 DDR for the

connection line

RP Addendum for the 110kV

connection line

Expected to be completed by the

end of December 2018.

FS RP and DDR disclosed on

ADB website in June 2015

Extension of 220 kV Tra Vinh SS

DDR Not required - DDR disclosed on ADB website

in June 2015

Extension of 220 kV Uyen Hung SS


in June 2015

Extension of 220 kV Duc Hoa SS


in June 2015

Extension of 500 kV Cau Bong SS


in June 2015

8. It is noted that the Extension of 220kV Vung Tau SS does not involve land acquisition impacts. Social safeguard documents were prepared for Construction of 220kV Vung Tau SS-associated facility; therefore, impacts on land acquisition of 220kV Vung Tau SS will not be included in Table on Scope of impacts of tranche 3. Results on Corrective Action Plan (CAP) and RP implementation of Vung Tau SS will be presented in corresponding sections of this report;

9. As presented in the table above, in 2015, during the project preparation phase, 4 resettlement plans and 2 due diligence reports were prepared for three subprojects involved land acquisition under SPMB management. In addition, 4 DDRs were also prepared for the subprojects involved the installation of second transformer within the existing boundary of the substations.

2 Resettlement Ethnic Minority Development Plans (REMDPs) are required for the 220 kV Binh Long-Tay Ninh TL subproject under CPMB’s management whereas no REMP is required for the subprojects under SPMB’s management.

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10. During the implementation phase, based on the detailed design and detailed measurement survey (DMS) progress as well as compensation payment progress, the RPs will be updated by province or district and project as shown in the table above. Particularly for the 220 kV Vung Tau SS, due to the compensation payment which is already conducted and emergence of 28 additional affected households for the connection line, a resettlement plan addendum is, therefore, required for this subproject.

11. As of September 2017, the uRPs for the TL segment in Duc Hoa District in Long An Province under the 500 kV My Tho-Duc Hoa TL and Duc Hoa Substation Component under the 500 kV Duc Hoa SS and connection lines have not been prepared as the DMS has just been finished but internal checking of land origins and compensation plan preparation are being conducted.

12. Internal monitoring of the subproject implementation under Tranche 3 is undertaken by SPMB with the support of Loan Implementation Consultant (LIC). The general objectives for internal monitoring are to ensure:

(i) The implementation of land acquisition and resettlement of project is in compliance with the approved Resettlement Plans, and the other safeguard documents

(ii) The availability of resources and the efficient, effective use of these resources to implement land acquisition and resettlement activities;

(iii) That resettlement institutions are well-functioning during the course of project implementation;

(iv) Resettlement activities are undertaken in accordance with the implementation schedule described in the RPs and the others safeguard documents;

(v) Identification of problems, if any, and proposal of remedial actions and solutions.

13. The internal monitoring report is submitted to NPT and ADB for review and concurrence on a quarterly and semi-annual basis. This quarterly report is prepared to cover the internal monitoring activities over the period of Third quarter of 2017, from July to September 2017, concerning the subprojects of which the land acquisition, compensation, assistance, and resettlement activities are on-going.

C. Scope of Impacts

14. As of September 2017, the scope of impacts of the subprojects are determined and summarized as follows:

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Table 2. Scope of Impacts of the Subproject

Subproject Total affected

area (m2) Total of AH/

organization (HHs) Impact on

houses (m2) Impact on

structures (m2) Impact on tree

(tree) Impact on crops (m2)

500 kV My Tho-Duc Hoa TL 57,057.2 1,179 5,856 - 8,731 180

Tien Giang Province 23,639.4 575 3,240 - - -

Chau Thanh District 6,441.5 218 2,040 - - -

Tan Phuoc District 17,197.9 357 1,200 - - -

Long An Province 33,417.8 604 2,616 - 8,731 180

Thanh Hoa District 6,232.9 70 180 - - -

Thu Thua District 11,299.8 132 1,380 - - -

Ben Luc District 10,742.3 229 516 - - -

Duc Hoa District 5,142.8 173 540 - 8,731 180

500 kV Duc Hoa SS and connection lines 271,422.7 1,826 11,540 8,162.4 6,631 133,626.90

Substation Component 140,590.7 32 79.7 5.8 6,631 133,626.90

Duc Hoa District 140,590.7 32 79.7 5.8 6,631 133,626.90

Connection Lines 130,832.0 1,794 11,460 8,156.6 - -

Duc Hoa District 97,820.3 1,015 9,660 8,156.6 - -

Ben Luc District 33,011.7 779 1,800 - - -

Extension of 220 kV Vung Tau SS 0 0 0 0 0 0

Extension of 220 kV Tra Vinh SS 0 0 0 0 0 0

Extension of 220 kV Uyen Hung SS 0 0 0 0 0 0

Extension of 220 kV Duc Hoa SS 0 0 0 0 0 0

Extension of 500 kV Cau Bong SS 0 0 0 0 0 0

Total 328,479.90 3,005 17,396.00 8,162.40 15,362.00 133,806.90

Source: District Land Fund Development Centers as of 30 September 2017

Notes: Data not yet finalized and updated based on the available data as of September 2017.

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15. The 2 subprojects, 500 kV My Tho-Duc Hoa TL and 500 kV Duc Hoa SS and Connection Lines affect a total of 328,479.9 m2, affecting 3,005 households. In addition, the two subprojects will cause impacts on 17,396 m2 of houses and 8,162.4 m2 of secondary structures. As DMS is ongoing and/or not yet conducted for most of the project districts, the impacts on houses and structures as well as on trees and crops are not yet available. To date, 15,362 trees of various kinds and 133,806.9 m2 of crops are affected in Duc Hoa District. The details on land impacts by district are presented in the Table 3 below.

Table 3. Impacts on Land (m2)

No. Project Component/ District

Permanently acquired land area (m2)

Agricultural land Residential land Aquaculture

land Forest land Others Total

I 500 kV My Tho-Duc Hoa TL 50,778.8 - - 6,278 - 57,057.2

A Tien Giang Province 21,308.5 0.0 0.0 2,330.9 0.0 23,639.4

1 Chau Thanh District 6,441.5 - - - - 6,441.5

2 Tan Phuoc District 14,867.0 - - 2,330.9 - 17,197.9

B Long An Province 29,470.3 0.0 0.0 3,947.5 0.0 33,417.8

1 Thanh Hoa District 5,414.6 - - 818.3 - 6,232.9

2 Thu Thua District 9,594.8 - - 1,705.0 - 11,299.8

3 Ben Luc District 9,318.1 - - 1,424.2 - 10,742.3

4 Duc Hoa District 5,142.8 - - - - 5,142.8

II 500 kV Duc Hoa SS and connection lines 249,663.2 8,627.6 0.0 13,131.9 0.0 271,422.7

A Substation Component 136,564.7 4,026.0 0.0 0.0 0.0 140,590.7

1 Duc Hoa District 136,564.7 4,026.0 - - - 140,590.7

B Connection Lines 113,098.5 4,601.6 0.0 13,131.9 0.0 130,832.0

1 Duc Hoa District 82,686.2 3,661.4 - 11,473 - 97,820.3

2 Ben Luc District 30,412.3 940.2 - 1,659 - 33,011.7

Total 300,442.00 8,627.60 0.00 19,409.90 0.00 328,479.90


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16. As of September 2017, the total affected land area in both subprojects are 328,479.9 m2. By land use, 300,442 m2 of these affected landholdings are agricultural land, accounting for 91.46% of the total affected land area; 8,627.6 m2 are residential land, equivalent to 2.63%; and 19,409.9 m2 are forest land, or 5.91%. The total number of severely affected households identified as of September 2017 is 26 households affected by the 500 kV Duc Hoa substation in Hoa Khanh Dong Commune, Duc Hoa District. The number of severely affected households, vulnerable households, and relocated households will continue being updated in the next internal monitoring reports when the data is available.

17. Vung Tau 220kV substation: the subproject affects 107 households (including 79 households at the substation location and 28 households by the connection line component) and acquires 36,485.8 m2. The 220 kV Vung Tau SS requires the relocation of 15 households who have already moved to the resettlement site in Ward 10 of Vung Tau City since 2016.

18. Four subprojects which install second transformers do not cause land acquisition impacts as well as economic impacts to any household or organization.

D. Detailed Resettlement Implementation Progress

1. Public information disclosure and consultation

19. Project information disclosure is an important task during project implementation. When this work is implemented effectively, it will facilitate project implementation process as local people will have comprehensive understanding of project information and benefits. Therefore, they will support and actively participate in the project. Project information disclosure and public consultation are aimed to: (i) increase local people’s awareness of the project; (ii) avoid the risks of project delay; (iii) design an appropriate resettlement program for APs and maximize the project’s socio-economic benefits; (iv) ensure that AP’s can really participate in making decisions on issues directly concerning their income and living standards; and (v) ensure transparency of all activities related to land acquisition, resettlement, and living restoration.

20. Public consultations have been conducted during the preparation process for all subprojects by the Project Preparation Consultant in 2015. In the implementation phase, before implementation of DMS, the DMS plan has been discussed and agreed between SPMB, District Compensation, Assistance, and Resettlement Boards (DCARBs), Commune People’s Committees (CPCs), village chiefs, representatives of local organizations and affected households and then disclosed on audio media. Women are encouraged to participate in all activities of DMS such as inventory on affected land and assets, participating in meetings to disseminate information to complete and announce the results, concerns over inventory.

21. DCARB and SPMB coordinate with the CPC have held meetings with village chiefs, representatives of mass organizations and all those affected to provide inventory form for the affected people to fill in themselves. The content of the inventory form has been explained and clarified for households to easily complete. During the DMS in 2017, also involved the participation of the party as the head of household, women, heads of villages and cadastral officials, representatives of the CPC and others. DMS outcome of each household is listed in public places (office of People Committee, the Cultural house of Village) within 07 days for households to crosscheck and edit errors.

22. Information disclosure. RPs and DDRs in English have been posted on the ADB website and the summary documents in Vietnamese have been disclosed to the affected households in 2015 for the subprojects.

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Table 4. Consultation, Participation, and Information Disclosure by Subprojects

Subproject

Participation, Consultation, Information disclosure in preparation

phase

Participation, Consultation, Information Disclosure in

implementation phase

Public consultation

Distribution of PIB

On ADB web

Public consultation

Disclosure of uRP/DDR

500 kV My Tho-Duc Hoa TL Done Done Done Done (for

some districts) Not yet

500 kV Duc Hoa SS Done Done Done Done (for

some districts) Not yet

220 kV Vung Tau SS Done Done Done Done Ongoing

TOTAL Done Done Done - -


23. From July 2017 to September 2017, the Ben Luc and Duc Hoa DCARBs and SPMB have coordinated with Thanh Loi, Hoa Khanh Dong and Huu Thanh communes to hold the public meetings to disclose the DMS schedule to the affected households and relevant compensation, assistance, and resettlement policies of the project. 102 households and commune leaders have participated in the. In addition, in Tan Phuoc District, on 16 August 2017, the Tan Phuoc DPC has issued the land acquisition notice and announced land acquisition and DMS plan to the affected communes and households in the communes of Phuoc Lap, My Phuoc, Hung Thanh, and Tan Hoa Dong. (Refer to Appendix 1 for the documentation of the public meetings).

Table 5. Dates of Public Meetings and Consultations during the RP Updating

Commune/ Town Date of Consultation Number of participants

Total Male Female

500kV My Tho – Duc Hoa TL

Ben Luc district 5 July 2017 54 41 13

Duc Hoa district 16 July 2017 48 36 12

TOTAL 102 77 25

24. Results of the public consultation are summarized in the following table:

Table 6. Highlights of Public Consultations

Commune Discussed Topics Summary of Public Consultations

Thanh Loi Commune, Ben Luc District

5 July 2017

- Announcement of land acquisition and implementation of self-inventory of assets on land for the 500 kV My Tho-Duc Hoa TL Segment in Ben Luc District - After the announcement, the CPC also posts the announcement and schedule for DMS at the CPC office. DCARB announces via the mass media

- Ben Luc Land Fund Development Center (now Construction and Investment Projects Management Unit) and SPMB staff to explain to the queries and concerns of the participants;

- Scope of project impacts in Thanh Loi Commune;

- Compensation policies of the project;

- Compensation rates;

- Height of trees within the TL ROW; and

- Support rates for land within the TL ROW.

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Commune Discussed Topics Summary of Public Consultations

for all households in the project area to understand the self-inventory process.

Hoa Khanh Dong Commune, Duc Hoa District

And

Huu Thanh Commune, Duc Hoa District

16 July 2017

- Announced the plan for DMS and compensation policies to the AHs

- Representatives of Duc Hoa district LFDC and SPMB announce:

+ Decisions, legal document on approving My Tho - Duc Hoa 500kV TL Project;

+ Documents related to compensation, assistance and resettlement of My Tho - Duc Hoa TL Project;

+ DMS schedule to affected households;

- Comments of households:

+ Support the Project;

+ Compensation must be paid satisfactorily and adequately;

+ DMS results must correct, avoiding omitted assets that causes damage for people;

+ If households are absent during DMS, how their assets/land can be conducted DMS;

+ How people can check the DMS results are correct;

+ It is recommended to distribute decisions on compensation unit price to people

2. DMS process

25. As of September 2017, the DMS progress of the subprojects by district is as follows:

Table 7. DMS Status of the Subprojects

No. Subproject

DMS commencement date

DMS completion

date Remarks

I 500 kV My Tho-Duc Hoa TL

1 Tien Giang Province

1.1 Chau Thanh District 10/06/2017 Ongoing Completed for DMS of AHs affected by permanent land acquisition at the tower foundations, not those within the ROW.

1.2 Tan Phuoc District 7/05/2017 Ongoing

2 Long An Province

2.1 Thanh Hoa District 01/07/2017 Ongoing

2.2 Thu Thua District 15/06/2017 20/07/2017

2.3 Ben Luc District 15/06/2017 10/09/2017 DMS completed for 114

out of 146 AHs

2.4 Duc Hoa District 16/07/2017 20/07/2017

II 500 kV Duc Hoa SS and connection lines

1 Substation Component

1.1 Duc Hoa District 05/06/2017 15/06/2017

2 Connection Lines Component

3

No. Subproject

DMS commencement date

DMS completion

date Remarks

2.1 Duc Hoa District 20/05/2017 Ongoing

2.2 Ben Luc District 15/06/2017 Ongoing


26. Regarding 500 kV My Tho-Duc Hoa TL, DMS has been completed for 3 districts in Long An Province whereas the DMS activities for 1 district in Long An and 2 districts in Tien Giang Province are ongoing. It is noted that the DMS activities in Tien Giang Province have been finished for the affected households subject to permanent land acquisition at the tower foundations while the DMS for the remaining households affected by restrictions on land use within the ROW is expected to be completed by end of October 2017.

27. Regarding 500 kV Duc Hoa SS and connection lines subproject, the DMS activities have been completed for the substation component in Duc Hoa District in June 2017 while the DMS for the connection lines component in Duc Hoa and Ben Luc districts are ongoing. The DMS for the connection lines components is anticipated to be completed in December 2017.

28. 5 subprojects, namely the installation of second transformers for the 220 kV Duc Hoa SS, 500 kV Cau Bong SS, 220 kV Tra Vinh SS, 220 kV Uyen Hung SS, and 220 kV Vung Tau SS do not cause impacts on land, impacts on trees and crops to any household and organization;

29. As for the 220 kV Vung Tau SS, DMS had been completed for all of the AHs who affected by Vung Tau ss in November 2015. For the 110kV connection line, there are 28 AHs, and the DMS was completed for 20 AHs but 8 AHs do not identify and SPMB posted an announcement on the Ba Ria – Vung Tau newspaper to find the owners of the affected lands (date 12, 14 and 15 August 2017). (Annex 3)

3. Preparation and approval of compensation plans

30. Corresponding to the DMS progress as described above, the compensation plans for the affected households has not yet been carried out;

31. Compensation plans for households affected by Vung Tau SS had been prepared, completed and approved from 2014 to the end of 2016;

32. For the connection line, the replacement cost was approved by People’s Committee of Ba Ria - Vung Tau province (Decision No.1549/QD-UBND dated June 09, 2017). CARB of Vung Tau City prepared the draft compensation plan for 20 AHs with a provisional amount of 3,104,594,251 VND and disclosed the plan in August and submitted for approval in September, 2017.

4. Process of compensation payment

33. For 500 kV My Tho-Duc Hoa TL subproject, during this reporting period, as of September 2017, no compensation activity was undertaken. However, 26 AHs received advance payment by the contractor so the construction units got their permissions to conduct advanced construction of 23 tower foundations, these households included 06 households in Thanh Hoa District and 20 households in Thu Thua District, Long An Province; the total of advance is VND 522,750,500.

34. The advance payment procedures are as follows:

- The contractor has coordinated with the local authorities to meet with the affected households and disseminate to the household the reason for construction prior to compensation, negotiate on advanced payment for land and assets recovered by foundations. Negotiation on advanced payment is based on acquired land area, affected assets, provincial compensation rates and AH’s opinions;

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- Once the agreement of the household has been reached, the contractor shall make a minute of advance payment and pay to the household. In the advance payment minute, the contractor also stated that this was only the advance; compensation payment will be made when the official compensation plan is approved in accordance with the PTIP policies.

- The 26 households commit to repay the advanced amount when receiving fully compensation according to the project policies.

- The construction of tower foundations are only carried out after the advance payment is completed to the affected households.

35. As of the monitoring period, the Consultant has requested the SPMB and relevant agencies to stop these activities. The payments made will be assessed vis-à-vis requirements of the project resettlement policy in the uRPs which are currently being prepared. Corrective actions required will be included in the uRP as well. Land acquisition and resettlement activities will only proceed once the uRPs have been concurred by ADB. Construction activities will only proceed once compensation and assistance payments have been completed and rehabilitation measures are in place, and there are no more encumbrances in the site.

36. For 500 kV Duc Hoa SS and connection lines, the compensation payment has not yet been carried out as of September 2017.

37. For 220 kV Vung Tau SS, compensation payment for households affected by SS and access road had been completed in the end of 2016; SPMB hopes that compensation payment for households affected by connection lines can be conducted by Quarter 4 of 2017;

Table 8. General Progress in Compensation

Project Component/ Location

AHs (APs) eligible for compensation and/or assistance/allowances

No. Total Number of AHs (APs)

Number of AHs (APs) received advance

compensation

Advance compensation

payment amount

Number of AHs (APs) fully paid

% Progress

I 500 kV My Tho-Duc Hoa TL

1,179 0 0%

1 Tien Giang Province

575 0 0 0 0%

1.1 Chau Thanh District

218 0 0 0 0%

1.2 Tan Phuoc District

357 0 0 0 0%

2 Long An Province

604 26 522,750,500 0 0%

2.1 Thanh Hoa District

70 6 140,166,000 0 0%

2.2 Thu Thua District

132 20 382,584,500 0 0%

2.3 Ben Luc District

229 0 0 0 0%

2.4 Duc Hoa District

173 0 0 0 0%

II

500 kV Duc Hoa SS and connection lines

1,826 0 0 0 0%

1 Substation Component

32 0 0 0 0%

5

Project Component/ Location

AHs (APs) eligible for compensation and/or assistance/allowances

No. Total Number of AHs (APs)

Number of AHs (APs) received advance

compensation

Advance compensation

payment amount

Number of AHs (APs) fully paid

% Progress


32 0 0 0 0%

2 Connection Lines Component

1,794 0 0 0 0%


1,015 0 0 0 0%

2.2 Ben Luc District

779 0 0 0 0%


5. Process of resettlement and site clearance

38. For the 500 kV My Tho-Duc Hoa TL subproject. As of September 31, 2017, 1,890.9m2 (3%) of land area has been handed over to construction unit by affected households;

Table 9. General Progress in Land Clearance and Handing Over of Land for Civil

Works

Project Component/

Location Province/ District

Total affected

land area (m2)

Land handed over (m2) Land that still has to be acquired/handed over

(m2) Land Handed over this reporting

period

Cumulative amount of land handed over

Amount in m2

% of total affected

land

Amount in m2

% of total affected

land

500 kV My Tho-Duc Hoa TL

57,057.20 0.00 1,890.90 3% 55,166.30 97%

Tien Giang Province

23,639.40 0.00 0.00 0% 23,639.40 100%

Chau Thanh District

6,441.50 0.00 0.00 0% 6,441.50 100%

Tan Phuoc District 17,197.90 0.00 0.00 0% 17,197.90 100%

Long An Province

33,417.80 0.00 1,890.90 6% 31,526.90 94%

Thanh Hoa District 6,232.90 0.00 697.70 11% 5,535.20 44%

Thu Thua District 11,299.80 0.00 1,193.20 11% 10,106.60 89%

Ben Luc District 10,742.30 0.00 0.00 85% 10,742.30 100%

Duc Hoa District 5,142.80 0.00 0.00 0% 5,142.80 100%

500 kV Duc Hoa SS and connection lines

271,422.70 0.00 0.00 0% 271,422.70 100%

Substation component

140,590.70 0.00 0.00 0% 0 0%

6

Project Component/

Location Province/ District

Total affected

land area (m2)

Land handed over (m2) Land that still has to be acquired/handed over

(m2) Land Handed over this reporting

period

Cumulative amount of land handed over

Amount in m2

% of total affected

land

Amount in m2

% of total affected

land

Duc Hoa District 140,590.70 0.00 0.00 0% 140,590.70 100%

Connection lines component

130,832.00 0.00 0.00 0% 130,832.00 100%

Duc Hoa District 97,820.30 0.00 0.00 0% 97,820.30 100%

Ben Luc District 33,011.70 0.00 0.00 0% 33,011.70 100%

TOTAL 328,479.90 0.00 1,890.90 1% 326,589.00 99%


39. For 500kV Duc Hoa SS and connections line subproject, as of September 30, 2017, land acquisition has not yet been carried out;

6. Income Restoration Program

40. The project is classified category A for Involuntary Resettlement and C for Indigenous People because there is no ethnic minority present in the project area of all subprojects under SPMB management. Severely affected households including those losing 10% and above of their productive landholdings and relocating households as well as vulnerable households are entitled to participate in the Income Restoration Program (IRP) of the Project. The IRP will be prepared during the RP updating. The finalization and progress of the IRP will be included in the next monitoring report.

E. Operation of Grievance Redress Mechanism (GRM)

41. A grievance mechanism has been set up to help ensure that the complaints of AHs are resolved in a timely and satisfactory manner. Through the holding of consultations during RP preparation and implementation, including the distribution of PIBs, the AHs have been and will be made fully aware of their rights to file a complaint, as needed. The resolution of a complaint will pass through 3 stages, beginning with the commune, then the district, then the provincial level of the People’s Committee before it is elevated to a court of law as a last resort. The NPT will shoulder all administrative costs and legal fees incurred in the resolution of grievances.

42. As of the monitoring period, there is no complaint recorded from the affected households.

F. Institutional Matters and Capacity Training

43. In order to ensure the compliance of the project with regard to the implementation of safeguard policies of ADB, since the beginning time of project preparation stage, the SPMB has assigned an officer who takes responsible for social safeguard policy issues, including social and land acquisition and environment with support of the Loan Implementation Consultant. In addition, for each subproject, SPMB has assigned additional staff to be responsible for land acquisition activities on site.

44. Loan Implementation Consultant (LIC) proposed to terminate the contract due to health issue in August, 2017; SPMB has encountered certain difficulties in monitoring activities as well as preparation of the internal monitoring reports. SPMB is in the process of recruiting a replacement of the LIC Consultant.

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G. Compliance Status

45. The table below summarizes the compliance status of the project activities with the loan covenants, 2009 ADB SPS on SR2 and SP3 and the approved RPs.

Table 10. Status of Safeguards-Related Loan Covenants

Covenant LA Reference Status

The Borrower shall cause NPT to ensure that all land and all rights-of-way required for the project are made available to the Works contractor in accordance with the schedule agreed under the related Works contract and all land acquisition and resettlement activities are implemented in compliance with: (a) the Borrower’s applicable laws and regulations relating to land acquisition and involuntary resettlement; (b) the Involuntary Resettlement Safeguards; and (c) all measures and requirements set forth in the RPs, REMDPs, and DDRS, and any corrective or preventative actions set forth in the Safeguards Monitoring Report.

LA, Schedule 5, Para 3

Being complied

(Advance compensation payments have been stopped. Updated resettlement plans shall be prepared including corrective actions. LAR activities will only proceed once the uRPs are concurred by ADB and construction activities will only proceed when compensation and assistance payments have been completed and rehabilitation measures are in place)

The Borrower shall cause NPT to ensure (a) that the local authorities do not commence any land acquisition and relocation activities until the uRPs, REMDPs, and DDRs (as applicable) have been prepared following detailed design, and (b) that the uRPs, REMDPs, and DDRs have been reviewed and approved by ADB. The Borrower shall cause NPT to further ensure that the APs are compensated at replacement cost and assisted before they are displaced from their houses, land, and assets. No APs shall be displaced until suitable alternative land within the same or neighboring commune has been allocated to them or compensation has been paid that is sufficient to purchase suitable alternative land within the same or a neighboring commune.


(a) Partially complied

(advance compensation payment activities at some tower foundations have been stopped)

(b) Being complied

(uRPs shall be prepared covering the valuation results carried out by the independent valuation consulting company to ensure that APs are compensated at replacement cost. Affected households will be compensated and assisted before they are displaced from their houses, land and assets)

The Borrower shall cause NPT to carry out internal monitoring of involuntary resettlement activities and updating of the RPs, REMDPs, and DDRs, and submit quarterly Safeguard Monitoring Reports to ADB together with the quarterly Project reporting requirements. The Borrower shall cause NPT to ensure that an independent external monitoring body or person is engaged. External monitoring reports shall be submitted to ADB every 6 months. Internal and external monitoring reports shall be uploaded onto the ADB website, until involuntary resettlement and income restoration programs are


Being complied.

(Internal and external monitoring activities are ongoing. Although LIC contract has been terminated, internal monitoring is undertaken by SPMB while SPMB is actively seeking solution to find a replacement for the LIC position)

8


completed. The monitoring reports shall include resettlement audit statements and shall be verified by such independent resettlement monitoring body or person.

Without limiting the application of the Involuntary Resettlement Safeguards or the RPs, REMDPs, and DDRs, the Borrower shall cause NPT to ensure that no physical or economic displacement takes place in connection with the project until compensation and other entitlements have been provided to the APs in accordance with the RPs, REMDPs, and DDRs; and a comprehensive income and livelihood restoration program has been established in accordance with the RPs, REMDPs, and DDRs.


Being complied

(uRPs shall be prepared with the provisions/ requirements to ensure that no displacement takes place until compensation and other entitlements have been provided to the APs. Advance compensation payment has been stopped and LAR activities as well as construction shall not proceed until the uRPs are concurred by ADB and compensation and assistance payments have been completed and rehabilitation measures are in place).

The Borrower shall cause NPT to make available necessary budgetary and human resources to fully implement the EMPs, the CAPs, RPs, REMDPs, and DDRs.


Being complied

(Available necessary budgetary and human resources are being arranged by NPT/SPMB)

The Borrower shall cause NPT to ensure that all bidding documents and contracts for Works contain provisions that require contractors to: comply with the measures relevant to the contractor set forth in the IEEs, the EMPs, the CAPs, RPs, REMDPs, and DDRs and any corrective or preventive actions set forth in a Safeguards Monitoring Report; make available a budget for all such environmental and social measures; and provide NPT with a written notice of any unanticipated environmental, resettlement, or indigenous peoples risks or impacts that arise during construction, implementation, or operation of the project that were not considered in the IEEs, the EMPs, the CAPs, the RPs, the REMDPs, or the DDRs.


Being complied

(Civil work contracts shall include provisions to ensure compliance with the relevant measures in RPs, DDRs, and corrective actions set forth)

The Borrower shall cause NPT to do the following: submit Safeguards Monitoring Reports to ADB quarterly during construction and semi-annually during project operation until the project completion and disclose relevant information from such reports to the APs promptly upon submission. If any unanticipated environmental and/or social risks and impacts arise during construction, implementation or operation of the project that were not considered in the IEEs, EMPs, CAPs, RPs, REMDPs, DDRs, and REMDF, as applicable, promptly inform ADB of the occurrence of such risks or impacts, with detailed


Being complied

(SMRs of Quarter 3 of 2017 and Second semiannual report 2017 have been prepared and submitted)

9


description of the event and proposed corrective action plan.

H. Follow up Actions, Recommendation and Disclosure

1. Follow up Actions plan for the second bank subprojects

46. 4 DDRs including 4 CAPs were also prepared for the subprojects involved the installation of second transformer within the existing boundary of the substations as mentioned above. As of September 2017, CAPs are being implemented and the results are summarized in the table below.

0

Table 11. Summary of shortcomings and corrective action implementation

Areas of Concerns Gaps in the 2013 implementation of

land acquisition vis-à-vis PTIP resettlement policy

Corrective actions Implementation status Remark

I. INSTALLATION OF A SECOND TRANSFORMER BANK FOR 220 KV DUC HOA SUBSTATION

Missing signatures in the DMS records

The DMS records lacked the signature of the DMS group leader (4 forms), representative of the AHs (2 forms) and representative of Duc Hoa District DONRE (11 forms)

(i) Review the cited DMS forms to ensure that details of affected assets and entitlements in said forms are consistent with the approved compensation plans and compensation payment vouchers.

(ii) Ensure that the compensation plans and compensation payment vouchers of the 2 AHs that did not sign the DMS forms included the signatures of the household heads

- By comparison, it stated that the number of DMS assets which has been taken into calculation are adequate.

- The signature of affected households are available in DMS records

Completed

Identification of vulnerable households

The DMS did not determine who among the AHs belonged to one or more of the following vulnerable groups (i.e., women-headed AH with dependents, landless and poor AH, AH headed by a disabled person or by an elderly, ethnic minority AH). Per PTIP resettlement policy, a vulnerable AH is entitled to additional assistance to help improve the social and economic condition of the household

i) Determine who among the 12 AHs were vulnerable.

(ii) Prepare supplementary payment vouchers or plans for the vulnerable AH for approval by the PPC.

(iii) Pay supplementary allowance to the vulnerable AHs

No vulnerable households found Completed

Payment for life stabilization assistance

Losing 30% of one’s total agricultural (productive) land was used in determining who were severely affected. Only 1 AH was deemed severely affected and for which it was provided life stabilization assistance

(i) Review all DMs forms to find out which among the remaining 11 AHs lost 10%-29% of their total agricultural (productive) land.

(ii) Prepare payment vouchers or plans for AHs that lost 10%-29% of their total

Among 11 households, 6 households are losing more than 10% total of productive land area and not yet received the life stabilization assistance

SPMB will request the Compensation department to coordinate with Tan My commune

1




agricultural (productive) land for approval by the PPC.

(iii) Pay life stabilization assistance to the eligible AHs

conduct the survey on the total of land holding of AHs

II. INSTALLATION OF A SECOND TRANSFORMER BANK FOR 500 KB CAU BONG SUBSTATION

Identification of vulnerable affected households

The DMS did not determine who among the AHs belonged to one or more of the following vulnerable groups (i.e., women-headed AH with dependents, landless and poor AH, AH headed by a disabled person or by an elderly, ethnic minority AH). Per PTIP resettlement policy, a vulnerable AH is entitled to additional assistance to help improve the social and economic condition of the household.

(i) Determine who among the 158 AHs (i.e., 120 permanent loss of land, and 38 affected by land use restrictions) were vulnerable.

(ii) Prepare supplementary payment vouchers or plans for the vulnerable AH for approval by HCMCPC.

(iii) Provide supplementary assistance to the vulnerable AHs

No vulnerable affected households found completed


Losing 30% or more of one’s total agricultural (productive) land was used for determining who were severely affected. 33 AHs (i.e., 13 lost 30% - 70%, and 20 lost more than 70% of productive lands) were deemed severely affected and for which they were provided life stabilization assistance

(i) Review all DMS forms to find out which among the remaining 87 AHs lost 10%-29% of their total agricultural (productive) land.

(ii) Prepare payment vouchers or plans for AHs that lost 10%-29% of their total agricultural (productive) land for approval by HCMCPC.


There are 32 household losing more than 10% total of productive land area but not yet received life stabilization assistance

SPMB will request the Compensation department to coordinate with Tan Phu Trung commune conduct the survey on the total of land holding of AHs

III. INSTALLATION OF A SECOND TRANSFORMER BANK FOR 220 KV TRA VINH SUBSTATION


Losing 30% or more of one’s total agricultural (productive) land was used for determining who were severely

(i) Review the DMS forms of the remaining 5 AHs to find out who among them lost

There are 2 AHs losing more than 10% total of productive land area but not yet received life stabilization assistance

SPMB will request the Compensation

2




impacted and thus eligible to get life stabilization assistance. Six AHs (i.e., lost 30% or more of productive lands) were deemed severely affected. PTIP resettlement policy sets the benchmark for determining who are severely impacted at 10% loss of an AH’s total productive assets

10%-29% of their total agricultural (productive) land.

(ii) Prepare payment vouchers or plans for AHs that lost 10%-29% of their total agricultural (productive) landholdings for approval by the PPC.


department to coordinate with Tra Vinh town conduct the survey on the total of land holding of AHs

IV. INSTALLATION OF A SECOND TRANSFORMER BANK FOR 220 KV UYEN HUNG SUBSTATION

Un-resolved complaint of the AH

The extended delay in the resolution of the complaint of the AP is not consistent with the intent and spirit of the grievance redress process that calls for the speedy resolution of complaints

(i) Elevate the complaint of the AP to the PPC for resolution.

(ii) If the complaint is not resolved at the PPC level, bring the matter to the People’s Court for adjudication

- Consultation meetings with HH have been organized on 12/09/2012, 15/11/2012; 21/11/2012 but they were absent

- On 29th November 2012, HH has submitted complaints to the SPMB, the compliant stated ‘ If our land in use acquired is still the perennial agricultural land, it is kindly requested to conduct compensation as per unit rate of agricultural land and reproductive assistance as well as life stabilization allowance based on new decision of PPC in 2012”

- On 17th December 2012, SPMB has issued official letter no. 7548/AMN-DB to response to complaints of Mr Nguyen Chau Tri HH

- On 26th March 2013, direct discussion meeting with Mr Nguyen Chau Tri has been conducted at headquarter of Tan Uyen District People’s Committee.

Currently compensation cost has been transferred to the Bank account

Till now, the SPMB has not yet received any information stated that Mr Nguyen Chau submits complaint to PPC or brings the matter the Court for adjudication;

Will contact with Uyen Hung district and follow up this case;

3




V. 220 KV BA RIA – VUNG TAU TRANSMISSION LINE

Identification of vulnerable AHs

The DMS did not determine who among the AHs belonged to one or more of the vulnerable groups (i.e., women-headed AH with dependents, landless and poor AH, AH headed by a disabled person or by an elderly, ethnic minority AH). Per PTIP resettlement policy, a vulnerable AH is entitled to additional assistance to help improve the social and economic condition of the household.

(i) Determine who among the 140 AHs were vulnerable.


(iii) Pay supplementary allowance to the vulnerable AHs.

No vulnerable affected households found completed

Payment of life stabilization assistance

Losing 30% or more of one’s total agricultural (productive) land was used for determining who were severely affected. Eight AHs (i.e., lost 30% or more of productive lands) were deemed severely affected and for which they were provided life stabilization assistance.

(i) Review all DMs forms to find out which among the other 132 AHs lost 10%-29% of their total agricultural (productive) land.

(ii) Prepare payment vouchers or plans for AHs that lost 10%-29% of their total agricultural (productive) land for approval by the PPC.

(iii) Pay life stabilization assistance to the eligible AHs.

There are not any households who acquired more than 10% of total agricultural land;

completed

Compensation given to AHs

The DMS was completed in 2008, but preparation of compensation plans and payment of compensation was carried out over an extended period of time, from 2009 to 2014, depending on the availability of government funds. The CPs of AHs might not have been updated to reflect changes in fixed assets found on the affected lands (subsequent to the 2008 DMS) and the unit rates used to

(i) Review each CP of the 140 AHs and find when it was approved and when was compensation actually paid.

(ii) Regarding the matter of accuracy of affected assets found on the recovered land, check if the AH signed the CP in agreement

(ii) Regarding the unit rates used, if the period of approval of the CP and actual

(i) 140 AHs were fully received compensation;

(ii) Checking compensation documents, it was known that all AHs signed the CP.

(iii) 11 households were compensated more than one year after the compensation plan was approved (see the annex). However, this is not the fault of the employer but rather the households. Therefore, there is no need to

completed

4




calculate compensation for affected assets might not have been adjusted to reflect prevailing market rates at the time of payment of compensation.

payment of compensation was more than 1 year, compute compensation deficits for project-acquired assets (i.e., land, trees, crops, structures) due to inflation using consumer price index (CPI) at the time compensation was actually paid.

(iii) Prepare payment vouchers for approval by the PPC.

(iii) Pay compensation deficits to eligible AHs.

consider additional prices for these households. The reasons for late payment are:

- Waiting to receive payment for affected households within the ROW: 4 AHs (AHs are affected by both foundation and ROW. The compensation plan was prepared for the foundation first; then prepared for ROW);

- Provide legal document late (LURC mortgaged in the bank): 4 AHs;

- compensation is not a big amount so the households are slow to receive: 2 AHs;

- Waiting to adjust the compensation plan, due to wrong information initially provided 1 AHs.

All AHs signed in the compensation documents (DMS, compensation plan, payment slip.

Incomplete land acquisition process

7 AHs with agricultural lands in the TL ROW were belatedly located in 2014. The DMS forms of these AHs have since been forwarded to authorities in their respective wards for the preparation of their CPs.

(i) Finalize the CPs of the 7 AHs for approval by the PPC

(ii) Pay compensation (assistance) to the 7 AHs.

The compensation plan was prepared and paid to 1 AH.

The compensation plans for 6 AHs are under preparation because CARB is collecting legal documents (land was sold many owners)

Follow-up status of preparing the compensation plans for 6 AHs

Incomplete DMS forms

The DMS forms of 6 AHs lacked the signatures of the affected households.

(i) Compare the amounts indicated in the respective DMS forms of the 6 AHs vis-à-vis the amounts indicated in their respective CPs and payment vouchers.

(ii) If there was a deficit in the amounts paid to the AHs vis-à-vis what were paid the AHs, confirm that the AHs were aware of and agree to the shortfall.

The signature of affected households are available in DMS records.

Completed

5




CAP for 500 kV My Tho Substation

Payment of life stabilization assistance

Losing 30% or more of one’s total agricultural (productive) land was used for determining who were severely affected. 61 AHs (i.e., lost more than 30% of productive lands) were deemed severely affected and for which they were provided life stabilization assistance.

(i) Review all DMs forms to find out which among the remaining 115 AHs lost 10%-29% of their total agricultural (productive) land.

(ii) Prepare payment vouchers or plans for AHs that lost 10%-29% of their total agricultural (productive) land for approval by Tien Giang PPC.

(iii) Pay life stabilization assistance to the eligible AHs.

There are no households who were acquired more than 10% of total agricultural land (see the annex)

Completed

Identification of vulnerable AHs

The DMS did not determine who among the AHs belonged to one or more of the following vulnerable groups (i.e., women-headed AH with dependents, landless and poor AH, AH headed by a disabled person or by an elderly, ethnic minority AH). Per PTIP resettlement policy, a vulnerable AH is entitled to additional assistance to help improve the social and economic condition of the household.

(i) Determine who among the 175 AHs were vulnerable.


(iii) Pay supplementary allowance to the vulnerable AHs.

There are no households who are vulnerable groups (i.e., women-headed AH with dependents, landless and poor AH, AH headed by a disabled person or by an elderly, ethnic minority AH).

Completed

Resolution of complaint of the AH

AH initially refused the compensation. To date a new compensation plan is prepared for the AH by Chau Thanh District LFDC.

Complete the new compensation plan and fully provide the AH with their compensation and assistances. .

New compensation plan has been completed and the compensation were paid to AHs. No complain to be found out.

Completed

SPMB has committed that the evidence documents will be provided later as the company is in the process

6




of financial liquidation.

0

2. Recommendations and Time-Bound Actions

47. The termination of the LIC Consultant has affected the preparation of updated social safeguards documents as well as the implementation of internal monitoring activities. It is recommended that SPMB to accelerate the recruitment process to have a new consultant on board in July 2018.

48. DMS activities and compensation plans are available in the project districts in Long An Province under the 500 kV My Tho-Duc Hoa TL, the preparation of the uRPs for these districts should be carried out to ensure full compliance with process and procedure of the project on implementation of compensation, assistance, and resettlement. SPMB needs to cooperate closely with the DCARBs and CPCs to ensure that compensation procedures are in compliance with the regulations of the project policies.

49. As for the 220 kV Vung Tau Subproject, the compensation payment has been completed for 17 out of 20 AHs under the connection line component. The remaining 3 AHs are not yet provided with compensation due to several transactional activities, leading to the issue that the right land owners eligible to the compensation payment have not been identified. Additionally, SPMB in close coordination with Vung Tau Land Fund Development Center and the local ward authorities should accelerate the identification of land owners via public announcement for identified 8 AHs who are affected by the 110 kV Vung Tau connection line, which is identified as a part of the phase-1 220 kV Vung Tau SS. Therefore, RP addendum will be prepared covering all of these 28 households, as they have to be compensated in line with project resettlement policy.

Table 12. Time-bound Required Actions

No. Issues Required Actions Responsibility Completion Time

1 Termination of LIC Consultant and replacement

Accelerate the recruitment of new consultant

SPMB July 2018

2

Preparation of uRPs for the districts where DMS and compensation plans are available. IRP for eligible households included in the uRPs.

Prepare and finalize the uRPs to submit to NPT and ADB for review and concurrence

SPMB, LIC By end of September 2018

3

Pending payment of 3 AHs under the connection line component

Identify the land owners eligible to the payment

SPMB, LIC, Vung Tau Land Fund Development Center, Ward People’s Committee

Identification of land owners- by end of September 2018

4 Issues of 8 AHs under 220 kV Vung Tau connection lines

Prepare Resettlement Plan Addendum of the 28 AHs

SPMB, LIC October 2018

5 Issues of CAP for 220kV Ba Ria - Vung Tau TL

SPMB to provide documentation to prove that compensation has been adequately paid to the 7 AHs

SPMB, LIC December 2018

6 Issues of CAP for Tra Vinh substation

There are 2 AHs losing more than 10% total of productive land area but not yet received life stabilization assistance;


7 Issues of CAP for Uyen Hung substations

Follow up the complaint resolve


8 500 kV My Tho Substation

SPMB to provide documentation to prove that new compensation


1

plan was completed and compensation were paid to the AHs

9 Vung Tau Substation

Review of all approved CPs and all compensation and allowances that have already been provided to the AHs for the purpose of ensuring that the entitlements applied for all AHs are according to the provisions of the PTIP resettlement policy.

SPMB, LIC Quarter 1, 2019

2

Appendix 1 – MEETING MINUTES

Ben Luc District

Meeting minutes on the compensation policies and distribution of inventory claims to the affected households under the 500kV My Tho – Duc Hoa transmission line, section passing Thanh Loi Commune, Ben Luc District (dated 5 July 2017)

4

English translation of the meeting minute dated 5 July 2017

THANH LOI COMMUNAL PEOPLE’S COMMITTEE

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness

Ben Luc District, 5th July 2017

MEETING MINUTES

On the compensation policies and distribution of inventory claims to the affected households under the 500kV My Tho – Duc Hoa transmission line, section passing Thanh Loi

Commune, Ben Luc District.

Today, at 14h00 on July 5, 2017, Land Fund Development Center at Ben Luc District.

A. Participants including:

1/. Representatives of Land Fund Development Center at Ben Luc District:

- Mr. Nguyen Xuan Hoat Position: Vice Director - Mr. Pham Van Dung Position: Staff - Mr. Tran Hoang Huan Position: Staff

2./. Representatives of Thanh Loi CPC:

- Mr. Nguyen Hong Tam Position: President - Mr. Le Van Kiet Position: Vice president - Mrs. Tran Thi Kim Tuyen Position: Cadastral officer

And participated households with attached list.

B. Contents:

At the beginning of the meeting, Mr. Le Hong Tam, President of Thanh Loi CPC, introduces participants and contents of the meeting.

Mr. Pham Van Dung (Staff of LFDC at Ben Luc District) announces Document No.3362/UBND-KT dated September 13, 2013 by Long An PPC on agreement on alignment of 500kV My Tho – Duc Hoa TL section passing Long An Province and Notice No. 312/CNTTPTQĐBL dated July 04, 2017 by Land Fund Development Center at Ben Luc District on land acquisition for site clearance to construct 500V My Tho – Duc Hoa TL section passing Thanh Loi Commune, Ben Luc District.

Staffs of Ben Luc District LFDC distribute announcement on land acquisition issued by Ben Luc DPC to households, individuals affected by land acquisition for foundation.

Distributing self-inventory form on land and assets attached to land within scope of site clearance for 500kV My Tho – Duc Hoa TL in Thanh Loi Commune, Ben Luc District to participated households and individuals.

At the meeting, issues related to policy on compensation and assistance are discussed and answered for households to understand.

Trees with height over 3m will be compensated while trees under 3m will be not affected.

Land under ROW will be provided support equal to 30% of land price of compensation and assistance for foundation.

It is requested that affected households return the self-inventory form with relevant papers to facilitate the DMS process.

Mr. Nguyen Hong Tam (President of CPC) closes the meeting.

The Minute ends at 15h30 on the same day./.

5

Representative of Thanh Loi CPC

Mr. Nguyen Hong Tam

(signed and sealed)

Representative of Land Fund Development Center at Ben Luc District

Mr. Nguyen Xuan Hoat

(singed)

Recorder

Mrs. Le Thi Kim Duyen

(signed)

Representative of affected households

Mr. Cao Van Truong

(signed)

10

Duc Hoa District

Public Consultation in July 2017 on disclosure of DMS schedule for the 500 kV My Tho-Duc Hoa TL Project in Duc Hoa District, Long An Province

13

English translation:

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom - Happiness

MINUTES ON

Disclosure of Detailed Measurement Survey schedule for the 500 kV My Tho-Duc Hoa TL Project, SPMB as Project Owner, in Duc Hoa District, Long An Province

Today, at 8h40 on July 16, 2017, we are at Hoa Khanh Dong CPC, Duc Hoa District, Long An Province.

Participants including:

Mr. Nguyen Thanh Binh Position: Vice president of Hoa Khanh Dong CPC

Mr. Nguyen Viet Hai Position: Vice Director of Duc Hoa District LFDC

Mr. Nguyen Hoang Thanh Position: Party Committee of Hoa Khanh Dong Commune

Mr. Tran Hoang Ngoc Position: People Council of Hoa Khanh Dong Commune

Mr. Tran Van Chang Position: Fatherland Front of Hoa Khanh Dong Commune

Mr. Huynh Quoc Huy Position: Representative of SPMB

Mr. Bui Van Luc Position: Officer of Duc Hoa District LFDC

Mr. Nguyen Thanh Tung Position: Officer of Duc Hoa District LFDC

Mr. Le Hoang Vu Position: Cadastral Officer of Hoa Khanh Dong Commune

Mr. Giang Trach Dan Position: Representative of Dai Toan Thang LTD, Company

Mr. Nguyen Van Sua Position: Party Secretary of Binh Loi Village

Mr. Vo Van Dao Position: Representative of affected households

Contents:

Mr. Nguyen Thanh Binh, Vice president of Hoa Khanh Dong CPC, introduces participants and contents of meeting.

Mr. Nguyen Thanh Tung, Officer of Duc Hoa District LFDC, introduces the Project and announces documents as follow:

+ Pursuant to Decision No 4986/QD-BCT dated June 3, 2014 by Ministry of Industry and Trade on approval of the construction of the investment project for 500kV Duc Hoa substation and connection lines;

+ Pursuant to Document No.3362/UBND-KT dated September 13, 2013 by Long An PPC on agreement on alignment of 500kV My Tho – Duc Hoa TL;

+ Decision No. 1979/QD-UBND dated April 24, 2017 by Duc Hoa DPC on establishing Compensation, Assistance and Resettlement Board for 500kV My Tho – Duc Hoa TL; 500kV Duc Hoa SS and connection lines;

+ Decision 5679/QD-UBND and Decision No.5680/QD-UBND dated June 29, 2017 by Duc Hoa DPC on approval of DMS implementation plan of above project;

After announcing documents, officers distribute self-inventory forms and land acquisition notices to each participated households with 11 out of 46 households participated in the meeting and received the self-inventory form and land acquisition notice.

Other documents:

+ Plan No.09/KH-HĐ dated June 26, 2017 on commencement of DMS process for land and assets attached on land, price application and preparation of

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compensation, assistance and resettlement plan for 500kV Duc Hoa SS and connection lines project with SPMB as Project Owner, in Hoa Khanh Dong Commune, Duc Hoa District, Long An Province;

+ Plan No.10/KH-HĐ dated June 26, 2017 on commencement of DMS process for land and assets attached on land, price application and preparation of compensation, assistance and resettlement plan for 500kV My Tho – Duc Hoa TL project with SPMB as Project Owner, in Hoa Khanh Dong Commune, Duc Hoa District, Long An Province;

+ Notice No.455/TB-CNTTPTQĐ dated June 29, 2017 on DMS process for land and assets attached to land within scope of site clearance under the 500kV My Tho – Duc Hoa TL (section passing Long An Province) and 500kV Duc Hoa SS and connection lines TL with SPMB as Project Owner, in Hoa Khanh Dong Commune, Duc Hoa District, Long An Province;

All mentioned documents are publicly posted at:

+ Hoa Khanh Dong CPC;

+ Radio station of Hoa Khanh CPC;

+ Office of Binh Loi Village;

+ House of Head of Binh Loi Village;

+ House of Part Secretary of Binh Loi Village;

+ House of representative of affected households;

The posting time is since July 16, 2017 and during porting time, it is requested that Hoa Khanh Dong CPC to check and summarize comments, recommendations then send to CARB by written./.

The Minute ends at 10h40 on the same day, participants agreed and signed./.

Recorder

Mr. Bui Van Lac

(signed)

Representative of affected households

Mr. Do Van Dao

(signed)

Head of Binh Loi Village

Mr. Nguyen Van Sua

(signed)

Duc Hoa District LFDC

Mr. Nguyen Viet Hai

(signed and sealed)

Party Committee of Hoa Khanh Dong Commune

Mr. Nguyen Hoang Thanh

(signed)

People’s Council of Hoa Khanh Dong Commune

Mr. Tran Hoang Ngoc

(signed)

Fatherland Front of Hoa Khanh Dong Commune

Mr. Tran Van Chang

(signed)

SPMB

Mr. Huynh Quoc Huy

Cadastral Officer

Mr. Le Hoang Vu

(signed)

Dai Toan Thang LTD, Company

Mr. Giang Trach Dan

(signed)

Hoa Khanh Dong CPC

Mr. Nguyen Thanh Binh

(signed and sealed)

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Tan Phuoc District:

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Sample of Notification on land acquisition to implement 500kV My Tho – Duc Hoa TL issued by Tan Phuoc District People’s Committee dated 16 August 2017

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English translation:

TAN PHUOC DISTRICT PEOPLE’S COMMITTEE

Ref. 380/KH-UBND

SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness

Tan Phuoc, 16 August 2017

ANNOUNCING PLAN

For Land acquisition, Survey, Detailed Measurement of the 500 kV My Tho-Duc Hoa Transmission Line Project (section passing the communes of Phuoc Lap, My Phuoc, Hung

Thanh, and Tan Hoa Dong)

Pursuant to the 2013 Land Law dated 29 November 2013;

Pursuant to the Decree No. 43/2014/ND-CP dated 15 May 2014 by the Government on implementation of Land Law;

Pursuant to the Decree No. 47/2014/ND-CP dated 15 May 2014 by the Government on compensation, assistance, and resettlement upon land recovery by the State;

Pursuant to the Decision No. 40/2014.QD0UBND dated 16 December 2014 by Tien Giang PPC on compensation, assistance, and resettlement upon land recovery by the State;

Pursuant to the Decision No. 18/2016/QD-UBND dated 28 April 2016 by Tien Giang PPC adjusting and supplementing a number of articles on compensation, assistance, and resettlement upon land recovery by the State in Tien Giang province attached to the Decision No. 40/2014.QD0UBND dated 16 December 2014 by Tien Giang PPC;

Pursuant to the Official Letter No. 897/TTg-KTN dated 16 June 2014 by the Prime Minister on priority list of transmission line projects of EVN Group in 2014;

Pursuant to the Decision No. 1166/QD-EVN dated 23 December 2014 by EVN on the approval of the investment project developing the 500 kV My Tho-Duc Hoa TL;

Pursuant to the Official Letter No. 6109/UBND-CN dated 13 September 2013 by the PPC on the alignment of the 500 kV My Tho-Duc Hoa TL traversing Tien Giang Province;

Pursuant to the Official Letter No. 1434/UBND-KT dated 7 April 2017 by the Tien Giang PPC on site clearance of the 500 kV My Tho-Duc Hoa TL;

Implementation of the Official Letter 391/UBND-VP dated 14 April 2017 by Tan Phuoc DPC on coordination to implement site clearance of the 500 kV Song Hau-Duc Hoa TL and 500 kV My Tho-Duc Hoa TL;

In order for the land acquisition, compensation and assistance of the 500 kV My Tho-Duc Hoa TL (sections passing through Phuoc Lap, My Phuoc, Hung Thanh, and Tan Hoa Dong communes) to be on schedule and timeline, the DPC prepares the land acquisition and detailed measurement survey plan of the 500 kV My Tho-Duc Hoa TL passing through the above-mentioned communes as follows:

1. Regarding reason for land acquisition:

Land acquisition to implement the 500 kV My Tho-Duc Hoa TL development (sections passing through Phuoc Lap, My Phuoc, Hung Thanh and Tan Hoa Dong communes) for the purpose of socioeconomic development, national and public interests.

2. Regarding area and location of acquired land:

The total land area envisaged for acquisition is about 17,197.9 m2; the scope of land acquisition is in line with the land demarcation marks in the area;

3. Regarding detailed measurement survey schedule:

The DMS activities are scheduled to be implemented in September to October 2017.

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4. Regarding relocation and resettlement arrangement:

Within 20 working days since the day when the Land Fund Development Center of the district completed paying compensation, assistance, and resettlement for the affected households according to the approved plan, then the affected households will have to hand over land (around November 2017).

5. Responsibilities:

The preparation and implementation of the compensation plans of the 500 kV My Tho-Duc Hoa TL is undertaken by the District Land Fund Development Center.

Above is the land acquisition and detailed measurement survey plan of the 500 kV My Tho-Duc Hoa TL of the DPC. It is requested that the District Division of Natural Resources and Environment, Land Fund Development Center, CPC Chairmen of Phuoc Lap, My Phuoc, Hung Thanh, and Tan Hoa Dong and relevant agencies, organizations, and individuals to implement accordingly.

Recipients

- DONRE - Chairman and Vice-chairmen of the DPC - District Fatherland Front - District Division of Natural Resources

and Environment - District LFDC - CPCs of Phuoc Lap, My Phuoc, Hung

Thanh and Tan Hoa Dong - Archive

PP. CHAIRMAN

VICE-CHAIRMAN

(Signed and Sealed)

Nguyen Thanh Qui

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Appendix 2 - List of affected households have agreed to construction

[This information has been removed as it falls within exceptions to disclosure specified in paragraph 97, (exception (x) Information that, if disclosed, would or would be likely to endanger the life, health, safety, or security of any individual, or safety or security of ADB assets, or to prejudice the defense or national security of a member) of ADB’s Public Communications Policy (2011).]

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Appendix 3. Notice to find land owner on Ba Ria Vung Tau newspaper issued 12 August 2017

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SOUTHERN POWER MANAGAMENT BOARD

NOTICE

Project: 100kV connection line to 220kV Vung Tau Substation, Ward 11, Vung Tau City

is implementing DMS, compensation, assistance. Currently, there are some land plots have

not been conducted DMS due to land users have not yet identified. Southern Power

Management Board informs land users of following land plots to contact SPMB for coordination

to implement DMS for land and assets attached to land, submit documents for approval of

compensation plan.

No. Name of Land user Acquired area (m2)

Map of land acquisition

Cadastral map of Ward 11

Plot number

Sheet number Plot number

1 Not yet identified 76.7 24 49 48 2 Not yet identified 70.7 15C 49 32 3 Not yet identified 45. 16 49 274 4 Not yet identified 757.9 17 49 30 5 Not yet identified 301.0 20 49 241 6 Not yet identified 5.6 53 49 238

Within 14 days from the date of posting of this notice, if land users do not respond,

Southern Power Management Board shall coordinate with relevant departments to implement

DMS in term of absence of land user.

Contact address: Southern Power Management Board (No.610 Vo Van Kiet Street, Cau

Kho Ward, District 1, Ho Chi Minh City); or Vung Tau City Land Fund Development Center

(No.188 Le Lai Street, Ward 4, Vung Tau City); or People’s Committee of Ward 11, Vung Tau

City (cadastral division of Ward 11).

Social Monitoring Report - Asian Development Bank...(as of September 2017) $1.00 = VND 22,350...

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