Song May-Uyen Hung Transmission line Quarterly Report · PDF fileSocial Monitoring Report...
Transcript of Song May-Uyen Hung Transmission line Quarterly Report · PDF fileSocial Monitoring Report...
Social Monitoring Report Semestral Report July to December 2014
VIE: Power Transmission Investment Program,
Tranche 1 – 220kV Phu My Industrial Zone
Substation and 220kV Song May-Uyen Hung
Transmission Line
Prepared by the Southern Vietnam Power Projects Management Board for the National Power
Transmission Corporation and the Asian Development Bank.
This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
NATIONAL POWER TRANSMISSION CORPORATION
SOUTHERN VIETNAM POWER PROJECT MANAGEMENT BOARD
Project Number: 42039 - 034
Period: Jul-Dec, 2014
POWER TRANSMISSION INVESTMENT PROGRAM – TRANCHE 1
SUB-PROJECT: 220KV PHU MY 2 INDUSTRIAL ZONE SUBSTATION
220KV SONG MAY-UYEN HUNG TRANSMISSION LINE
SEMI-ANNUAL INTERNAL MONITORING REPORT ON
IMPLEMENTATION OF RESETTLEMENT PLAN
HOCHIMINH, 1/2015
i
Abbreviations
ADB Asian Development Bank
AP (project) Affected Person
AH (project) Affected Household
CARB Compensation, Assistance and Resettlement Board
CPC Commune People’s Committee
DMS Detailed Measurement Survey
DP Displaced Persons
DPC District People’s Committee
EVN Vietnam Electricity
GOV Government
HH Household
LURC Land Use Rights Certificate
NPT National Power Transmission Corporation
PM2 220kV Phu My 2 Industrial Zone Substation and Connection Line
PPC Provincial Peoples Committee
ROW Right of Way
RP Resettlement Plan
RF Resettlement Framework
SES Socio-Economic Survey
SMUH 220kV Song May-Uyen Hung Transmission Line
SPMB Southern Power Management Board
SPS Safeguard Policy Statement
USD United States Dollars
VND Viet Nam Dong
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Table of Contents
PART I INTRODUCTION ........................................................................................................ 3
1. Project background ........................................................................................................... 3
2. Progress of the project implementation ............................................................................ 5
2.1 Phu My 2 Industrial Zones Substation and Connection Lines subproject ........................ 5
2.2 Song May-Uyen Hung Transmission Line subproject ..................................................... 6
2.3 Progress of RP implementation ........................................................................................ 6
3. Safeguard policy and Human resources ........................................................................... 8
3.1 Project policy and Compliance with Government’s regulation and ADB’s requirement 8
3.2 Monitoring team ............................................................................................................... 8
PART II IMPLEMENTATION OF SAFEGUARD POLICY ................................................. 10
1. Public consultation, Participation, and Information disclosure ...................................... 10
2. Detailed measurement survey ......................................................................................... 10
3. Payment of compensation and assistance ....................................................................... 11
3.1 Payment of compensation and assistance for AHs ......................................................... 11
3.2 Payment of compensation and assistance for relocated HHs ......................................... 15
4. Other support for severely AHs and vulnerable groups ................................................. 15
5. Gender issue .................................................................................................................... 15
6. Grievances redress mechanism ....................................................................................... 15
PART III MONITORING ........................................................................................................ 16
1. Internal monitoring ......................................................................................................... 16
2. Monitoring the compliance of RP implementation ........................................................ 17
PART IV CONCLUSION AND RECOMMENDATION ....................................................... 19
1. Conclusion and Recommendation .................................................................................. 19
2. Plan for the next period ................................................................................................... 19
Annex 1 Agreement between contractor and AHs
Annex 2 Entitlement Matrix
Annex 3 New document on compensation and support
Annex 4 Working with community
Annex 5 List of additional DPs
Annex 6 List of DPs not receiving compensation and assistance
Annex 7 Replacement forest in other locality
Annex 8 Records of Grievance Redress Mechanism
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List of table
Table 1 Scope of the subproject
Table 2 Construction work in 220kV Phu My 2 substation subproject
Table 3 Construction work in 220kV Song May-Uyen Hung TL subproject
Table 4 Progress of RP implementation (up to 12/2014)
Table 5 Member list of monitoring team
Table 6 List of approved compensation plan
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PART I INTRODUCTION
1. Project background
1. The National Power Transmission Corporation (NPT) of the Government of the
Socialist Republic Viet Nam (GOV) has requested financing from the Asian Development
Bank (ADB) to partly fund Master Plan of Power Development of Viet Nam No.VI which
includes:
i. Subproject of 220kV Phu My 2 Industrial Zone Substation locates in Tan Phuoc
commune, Tan Thanh district, Ba Ria-Vung Tau province.
ii. Subproject of 220kV Song May-Uyen Hung transmission line has a total length of
about 21.68 km which belongs to Trang Bom and Vinh Cuu districts, Dong Nai
province, Bac Tan Uyen district and Tan Uyen town, Binh Duong province.
2. With less than 200 affected people could lose more than 10% of their productive asset
for the subproject of 220kV Song May-Uyen Hung transmission line and subproject of 220kV
Phu My 2 Industrial Zone Substation, making these two subprojects Category B.
Table 1 Scope of the subproject
No Subproject
component
Voltage
level
Number
of
circuits
Beginning
point
Ending
point
Length
(m)
Number
of angle
tower
I. Subproject: Phu My 2 Industrial Zones and Connection Lines
1
220kV Phu My
2 Industrial
zone
substation
220/110/
22kV
Capacity: 3x250MVA, initial stage 2x250MVA
Location: Tan Phuoc commune, Tan Thanh district, Ba Ria -
Vung Tau
Area: 56,000 m2 (included substation and access road)
2 The 220kV
connections 220kV 4 N242-66ĐN
220kV gate
pole of the
220kV Phu
My 2
1,808 4
3 The 110kv
connections
3.1 Part 1: 110kV
connection line 110kV 4
110kV gate
pole of the
220kV Phu My
2
pole T15/8 of
the 110kV
Phu My - Thi
Vai and
Posco
778 3
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No Subproject
component
Voltage
level
Number
of
circuits
Beginning
point
Ending
point
Length
(m)
Number
of angle
tower
3.2 Part 2: 110kV
connection line 110kV 4
110kV gate
pole of the
220kV Phu My
2
pole T15/8
of the 110kV
Phu My - Thi
Vai and
Posco
859 3
II. Subproject: Song May–Uyen Hung Transmission Line 21,680 70
1
Line traverses
Dong Nai
province
220kV
220kV busbar
of
500kV Song
May substation
G28 6,940 32
2
Line traverses
Binh Duong
province
220kV
G28
220kV
busbar of
220kV Uyen
Hung
substation
14,740 38
3. The impacts of Phu My 2 Industrial Zones Substation and Connection Lines
subproject. The DMS implemented since August 2013 shows that about 132,220.3 m2 of land
affected by the project. Of which 58,705 m2 of land, including 49,079.3 m
2 handing over from
Phu My 2 Industrial Zone and 1,514 m2 under management of Tan Phuoc CPC, are
permanently acquired for substation, access road, tower foundations and 61,790.2 m2 of land
affected in ROW. Productive land, such as rice paddies, fish pond, vegetable gardens,
orchards, accounts for 83.3% of all affected lands. No one needs to be relocated by the project
implementation. DMS also found that there is no AH entitled as severely affected by the
project implementation.
4. A total of 85 households and 01 institution (Phu My 2 Industrial Zone) is impacted by
project resulting from land acquisition, in which 26 households is acquired land for
constructing substation, access road, and tower foundation. Among HHs impacted in ROW,
there are 19 households impacted with structures and houses. Types of houses and structures
in ROW is houses grade 4, houses grade 5. In addition, trees with commercial value are also
affected (about 191 timber trees/ industrial trees and 86 fruit trees by the project). The DMS
found that there are not any public facilities affected by the project.
5. The impacts of Song May-Uyen Hung Transmission Line subproject. The DMS
implemented since August 2013 shows that about 469,006.2 m2 of land are affected by the
project. Of which 21,350.1 m2 of land, including 8,185.8 m
2 managed by the Government, is
permanently acquired for tower foundations and 448,126.9 m2 of land affected by ROW.
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There is no AH identified as severely affected by the project implementation. According to
DMS, total 1,227.4 m2
of forest is acquired by foundation construction while 37,756.5 m2 of
forest affected by under ROW. Forest affected by the project is managed by Tan Uyen Forest
Protection Department.
6. A total of 219 households and 08 institutions are impacted by project resulting from
affected land, in which 55 households and 4 institutions are acquired land for constructing
tower foundation. Among AHs in ROW, there are 19 households impacted with structures and
houses. Types of houses and structures in ROW is houses grade 4, houses grade 5. In addition,
trees with commercial value, as eucalyptus, rubber, and cashew are also affected. The DMS
found that there are not any public facilities, historical and cultural structures affected by the
project.
2. Progress of the project implementation
2.1 Phu My 2 Industrial Zones Substation and Connection Lines subproject
7. The subproject construction activities in the period of 6 months including construction
of substation, rehabilitation of access road, excavation of towers’ foundation, tower erection,
and cable stringing. Construction works are mainly undertaken in the site of Phu My 2
Industrial Zone. Completion of works up to end of December, 2014 are as follow:
Table 2 Construction work in 220kV Phu My 2 substation subproject
Item Work content Progress (%)
I Access road to the substation
1 Access road 100
2 Cross bridge over the irrigation system 100
II 220kV Phu My Substation
1 Tower erection 100
2 Oil tank for incident cases 100
3 Waiting shift house 100
4 Operation house and pumping house 100
5 Fence building 100
6 Water drainage system 100
7 Equipment installation 100
8 Internal road 100
III Connection Lines
1 Connection tower foundation 100
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Item Work content Progress (%)
2 Connection tower erection 100
3 Cable stringing 100
8. Phu My 2 substation has been operated in November 24, 2014 and connection lines
have been completed in November 30, 2014.
9. Though the construction of Phu My 2 substation has been done but the task of
compensation and support to affected households have not been done yet. To meet the
progress of construction work, the contractor and AHs have signed agreements that allow
construction works to be carried out before compensating for affected assets. Detail is
attached in Annex 1.
2.2 Song May-Uyen Hung Transmission Line subproject
10. The subproject construction activities in this period include excavation of towers’ foundation, tower erection, and cable stringing. The Song May-Uyen Hung subproject has
been operated in December 26, 2014. Details of completion works done during the second
half of year 2014 are presented in the following table.
Table 3 Construction work in 220kV Song May-Uyen Hung TL subproject
Item Activities Unit Binh Duong Dong Nai Progress
1 Foundation excavation tower
foundation
38 32 100 %
2 Foundation concretion tower
foundation
37 32 100 %
3 Backfilling tower
foundation
36 32 100 %
4 Grounding for tower tower 36 32 100 %
5 Tower erection tower 35 32 100 %
6 Cable stringing m 8,930 6,636 100 %
11. The project of 220kV Song May-Uyen Hung transmission line is mainly completed
construction work and operated in December 26, 2014.
2.3 Progress of RP implementation
12. The compliance with ADB’s safeguard policies seems to be fully implemented.
Resettlement plan is carried out step by step as the project’s policy and progress of RP implementation is stated in Table 4.
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Table 4 Progress of RP implementation (up to 12/2014)
Project 220kV Song May-Uyen Hung TL 220kV Phu My 2 SS
Province Dong Nai Binh Duong Ba Ria-Vung Tau
District Trang Bom Vinh Cuu Bac Tan Uyen Tan Uyen town
Tan Thanh
Activities on RP Implementation
Bac Son Tan An Thuong Tan
Tan My Tan Phuoc
Information Disclosure and
Public Consultation
100% 100% 100% 100% 100% 100%
Detailed Measurement
Survey
100% 100% 100% 100% 100% 100%
Preparing Compensation
Plan
100% 100% 100% 100% 100% 100%
Consulting and Counseling
with the APs on
compensation plan
100% 100% 100% 100% 100% 100%
Finalized the compensation
plan and submit for approval
100% 100% 100% 100% 100% 61.7%
Verify and approve the
compensation plan
100% 98.4% 100% 100% 100% 54.3%
Compensation Payment 100% 94.3% 100% 86.5% 100% 27.5%
Site Clearance 100% 100% 100% 100% 100% 56.5%
Independent Monitoring Second monitoring
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3. Safeguard policy and Human resources
3.1 Project policy and Compliance with Government’s regulation and ADB’s requirement
13. To address the discrepancies between ADB Safeguard Policy and relevant GoV
regulations, the subproject principles on resettlement policy are as follows:
i. Meaningful consultations have been carried out with the APs and concerned groups
and ensure participation from planning up to implementation. The comments and
suggestions of the APs and communities have been taken into account;
ii. The RP is disclosed to APs in a form and language that understandable to them;
iii. Involuntary resettlement and impacts on land, structures and other fixed assets are
avoided or minimised where possible;
iv. Compensation and assistance is based on the principle of replacement cost;
v. Severely affected household is entitled when they are losing 10% or more of the
household’s productive land;
vi. Special assistance has been incorporated in the resettlement plan to protect socially and
economically vulnerable groups such as households headed by women, children,
disabled, the elderly, landless and people living below the provincial poverty line;
vii. Gender concerns are incorporated through RP implementation;
viii. Reporting and independent monitoring is defined as a part of the subproject
management system. Periodically independent monitoring on implementation of RP
has been implemented.
14. Details of project policy for compensation and allowances are indicated in the
entitlement matrix (Annex 2).
15. To fully improve for households affected by construction of Phu My 2 substation, Ba
Ria-Vung Tau PPC, particularly, has promulgated document on specified compensation,
support, and resettlement for the subproject of 220kV Phu My 2 substation and connection
lines. This new document is also attached in Annex 3.
3.2 Monitoring team
16. A team, including 4 staff specialized in resettlement activities, has been established by
SPMB in the second quarter of year 2014. Besides, SPMB has mobilized three intermittent
consultants since November, 2013 to support the implementation of the subprojects. The list
of team members is presented in table below.
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Table 5 Member list of monitoring team
No. Name Position Responsibility
1. Mr.Nguyen Hai
Dang
Head of
Compensation
Department
Overall management of RP
implementation of two subprojects
2. Mr.Phan Van Tranh Expert, Department of
Compensation
Supervising and reporting the
progress of RP implementation of
two subprojects
3. Ms.Luu Nguyen
Huong Lan*
Expert, Department of
Compensation
Supervising and reporting the
progress of RP implementation of
two subprojects
4. Mr.Truong Quang
Lam
Expert, Department of
Compensation
Supervising implementation of RP
in the subproject of 220kV PM2 SS
5. Ms.Nguyen Thu Ha Resettlement
Consultant
Support SPMB in the
implementation of resettlement
safeguard policy
6. Mr.Ngo Huy Toan Independent
Monitoring Consultant
Carrying out External monitoring
activities
7. Mr.Hoang Trung
Thanh
Environmental
Consultant
Support SPMB in the
implementation of environmental
safeguard policy
(*) maternity leave since July 2014
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PART II IMPLEMENTATION OF SAFEGUARD POLICY
1. Public consultation, Participation, and Information disclosure
17. Information of the project such as policy on compensation, support, and resettlement;
detailed compensation payment; and particularly grievance redress mechanism have been
delivered to all affected households. Compensation plans have also been placed in public
areas.
18. In this period, it will be continued to disclose grievance procedure to ensure that any
complaints and grievances are addressed and resolved in a timely and satisfactory manner.
Affected households are fully aware of their rights for grievance mechanisms about any
aspects of the project and they can lodge their complaint at any time through the project
implementation.
19. The resettlement consultant of SPMB also carried out in-depth interview with people
of the affected commune to obtain further information regarding satisfaction of APs on
compensation and support, as well as awareness of APs on grievance redress mechanism.
20. Regarding to disclosure of the updated RP, key information has already been provided
to the project area in order to get feedback of APs and other stakeholders.
21. Information disclosure will be continued throughout project cycle with the updated
policies.
2. Detailed measurement survey
22. Detailed Measurement Survey had been carried out since September 2013 and nearly
completed in the first semi-annual. However, during construction period some problems have
been identified including (i) incorrect name of land owner; (ii) supplementary of AHs list; and
(iii) dispute between DPs about the property of land. DLFDC, therefore, had to additional
measurement of damaged assets. List of DPs having assets under ROW to be added is
presented in Annex 5.
23. Regarding restoration of APs’ income, up to now, there is no AH entitled as severely
affected household.
24. No more households is recorded as vulnerable which includes (i) female headed
households without support; (ii) disabled household heads; (iii) poor households (according to
the regulation of Ba Ria-Vung Tau, Binh Duong and Dong Nai provinces); (iv) children and
the elderly headed households who are landless and with no other means of support; (v)
landless households; and (vi) ethnic minorities.
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3. Payment of compensation and assistance
3.1 Payment of compensation and assistance for AHs
25. In subproject of Phu My 2 substation, compensation plans have been approved for 44
AHs and payment of compensation and support has been carrying out. However, total 41AHs
will be approved by local authority next month after completing information dissemination.
26. Compensation plan for the rest of AHs has been delayed due to the new legislation
documents under Land Law. Besides that, Ba Ria-Vung Tau PPC has promulgated a new
document state that for households whose land is limited to use: apply Article 25 of Decree
47/2014/ND-CP dated May 15, 2014 of the government to support at 80% of the land price
specified by PPC. Details are attached in page 1, Annex 3.
27. For those having house, living condition, and land affected by the substation could be
moved to another place, if needed (page 2, Annex 3).
28. Compensation plans had been approved for almost AHs in the subproject of 220kV
Song May-Uyen Hung TL, except one household just listed as affected household. During
construction work, some AHs temporally affected by construction activities have also get
payment for their assets lost. Details are showed in Annex 1.
The total cost for implementation of resettlement plan is estimated at VND 48,539,084,393 or US$ 2,298,252. This proposed budget includes compensation and allowances, cost for DCARCs. As of December 2014, the total budget of approved compensation, assistance and resettlement is VND 43,610,650,757 and it has been
paid for the affected people, except some cases under reviewing of government authority (Annex 4 Working with community
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Annex 5 List of additional DPs
No. Name of DPs Address
1. Nguyễn Xuân Phương Vinh Cuu district, Dong Nai
2. Nguyễn Minh Giám Vinh Cuu district, Dong Nai
3. Phu An Company Ltd. Bac Tan Uyen district, Binh Duong
4. Nguyễn Thắng Bac Tan Uyen district, Binh Duong
5. Nguyễn Thị Phướng Bac Tan Uyen district, Binh Duong
6. Trần Hưng Thế Bac Tan Uyen district, Binh Duong
7. Nguyễn Thế Phương Bac Tan Uyen district, Binh Duong
8. Nguyễn Thị Viên Bac Tan Uyen district, Binh Duong
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29. Annex 6).
30. Regarding forest land, the project acquired 1,227.4 m2 of forest for constructing
foundation and 37,756.5 m2 impacted by under ROW. Due to lack of land for planting forest,
SPMB will pay for replacement forest in other locality (Annex 7).
Table 6 List of approved compensation plan
Subproject Province District/town Compensation plan
220kV Phu My 2
Industrial Zone
substation
Ba Ria-
Vung Tau
Tan Thanh Decision No.6808/QD-UBND approved
by Tan Thanh DPC dated 12/12/2013
Decision No.1376/QD-UBND approved
by Tan Thanh DPC dated 17/03/2014
Decision No.1090/QD-UBND approved
by Tan Thanh DPC dated 28/03/2014
220kV Song
May-Uyen Hung
transmission line
Dong Nai Trang Bom Decision No.2709/QD-UBND approved
by Dong Nai PPC dated 27/08/2013
Decision No.902/QD-UBND approved
by Dong Nai PPC dated 03/04/2014
Vinh Cuu Decision No.147/QD-UBND approved
by Dong Nai PPC dated 15/01/2014
Decision No.444/QD-UBND approved
by Dong Nai PPC dated 20/02/2014
Decision No.730/QD-UBND approved
by Dong Nai PPC dated 19/03/2014
Decision No.1087/QD-UBND approved
by Dong Nai PPC dated 18/04/2014
Decision No.1176/QD-UBND issued by
Dong Nai PPC dated 26/04/2014
Decision No.1568/QD-UBND approved
by Dong Nai PPC dated 29/05/2014
Decision No.2059/QD-UBND approved
by Dong Nai PPC dated 30/06/2014
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Subproject Province District/town Compensation plan
Decision No.2060/QD-UBND approved
by Dong Nai PPC dated 30/06/2014
Binh
Duong
Bac Tan
Uyen
Decision No.1460/QD-UBND approved
by Bac Tan Uyen DPC dated 06/10/2014
to amend and supplement the Decision
No.843/QD-UBND approved by Bac
Tan Uyen DPC dated 28/7/2014
Tan Uyen
town
Decision No.3137/QD-UBND approved
by Tan Uyen DPC dated 23/7/2014
3.2 Payment of compensation and assistance for relocated HHs
31. No one needs to be relocated due to the project implementation. It, therefore, is not
necessary to establish resettlement site neither support for relocated HHs.
4. Other support for severely AHs and vulnerable groups
32. DMS found that there is not any AH entitled as severely or vulnerable groups. It is,
therefore, not any official support program applied in the project area.
5. Gender issue
33. The DMS found that more than 30% headed households are female. It means that
women has played an important role in community, women’s participation in the project’s decision making has been taken into account.
6. Grievances redress mechanism
34. Most of affected households seem to be satisfied with the compensation and assistance
of the project.
35. During this period, there are four cases located in the project area of Song May-Uyen
Hung having complaints on their affected assets and now under reviewing. Status of
complaints is summarized in Annex 8.
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PART III MONITORING
36. The SPMB established systems for internal and external monitoring and evaluation.
The main purpose of the monitoring and evaluation programme is to ensure that resettlement
and acquisition of land and properties has been implemented in accordance with the policies
and procedures of the RP. External monitoring and evaluation, in particular, has focused on
social impacts on DPs and whether or not DPs have been able to restore a standard of living
equal to, if not better than, that which they had before the subproject.
37. The objectives of the monitoring and evaluation programme are to (i) ensure that the
standard of living of DPs is restored or improved; (ii) monitor whether the time lines are being
met; (iii) assess if compensation, rehabilitation measures and social development support
programmes are sufficient; (iv) identify problems or potential problems; and (v) identify
methods of responding immediately to mitigate problems.
1. Internal monitoring
38. The SPMB conducted the internal monitoring of RP implementation to identify as
early as possible the activities achieved and the cause(s) of problems encountered so that
arrangements in RP implementation can be adjusted. Results of the internal monitoring are to
be reported quarterly to NPT and ADB. The semi-annual report is also prepared to summarize
all activities relevant to the implementation of RP done during six months.
39. This semi-annual monitoring report for the second half of year 2014 has been prepared
in compliance with the ADB requirements. This report incorporated monitoring results for the
period of July-December 2014 in purpose to show how the tasks have been implemented
during 6 months and the works taken to improve the situation, if needed. Relevant information
has been collected monthly from the field to assess the progress of RP implementation and
then consolidated.
40. Based on the RF, the main indicators that regularly monitored in this period are:
i. Payment of compensation in various categories to all AHs, according to the project
policy;
ii. Adherence to grievance procedures;
iii. Coordination and completion of compensation and handing over cleared site to
construction contractor.
iv. Public consultation and information dissemination procedures to the new affected
households arise;
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41. Moreover, the field surveys were carried out twice respectively in August 2014 and
November 2014 by SPMB’s consultant. At each survey, the Consultant has cooperated with
contractor in charge of clearance site, contractor of construction, local government, and local
community to follow up and develop the steps of RPs’ implementation in adequate process.
42. Working with stakeholders such as CPC, DLFDC, PECC3 and in-depth interviewing
APs has been applied to achieve the monitoring target.
2. Monitoring the compliance of RP implementation
43. The general objective of the external monitor is to provide an independent verification
of the SPMB’s monitoring information through the conducting of a periodic review and assessment of achievement of resettlement objectives, the changes in living standards and
livelihoods, restoration of the economic and social base of the affected people, the
effectiveness, impact and sustainability of entitlements, the need for further mitigation
measures if any, and to learn strategic lessons for future policy formulation and planning.
44. The external monitoring was conducted to (i) ensure that livelihoods and living
standards of affected people are restored or improved; (ii) monitor that the overall project and
resettlement objectives are being met in accordance with the resettlement plans, and if not
recommend corrective action measures; (iii) assess if rehabilitation and compensation
measures are sufficient and in compliance with the resettlement plans and ADB's Safeguard
Policy Statement; (iv) identify deviations and issues that may arise in the course of
implementation and recommend actions for mitigation.
45. In this time, the consultant undertook the following specific tasks as below:
- In term of compensation payment, it is focused to (a) full payment to be made to all
affected persons sufficiently before land acquisition; adequacy of payment to replace
affected assets; and (b) compensation for affected structures should be equivalent to
the replacement cost of materials and labor based on standards and special features of
construction with no deductions made for depreciation or the value of salvageable
materials;
- Coordination of resettlement activities with construction schedule that the
compensation and support should be completed prior to award of the civil works;
- Public consultation and awareness of compensation policy including (a) all DPs should
be fully informed and consulted about land acquisition activity; (b) the monitoring
team should work with community to monitor problems and issues that arise during
the project implementation, and solutions that are proposed; (c) public awareness of
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the compensation policy and entitlements will be assessed among all DPs; (d)
assessment of awareness of various options available to DPs as provided for in the RP;
- Affected persons should be monitored regarding restoration of productive activities;
- The level of satisfaction of DPs with various aspects of the RP is recorded. The
operation of the mechanisms for grievance redress, and the speed of grievance redress
are monitored;
- Throughout the implementation process, the trends of living standards have been
observed and surveyed. Any potential problems in the restoration of living standards
could be reported;
46. Referred Independent Monitoring Report for more details.
47. Additionally, SPMB had worked with ADB’s team during ADB’s mission organized in November, 2014 to check whether the implementation of RP has been done in compliance
with the safeguard policy on resettlement.
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PART IV CONCLUSION AND RECOMMENDATION
1. Conclusion and Recommendation
48. Generally, compensation and clearance work in two subprojects have been
implemented compliance with the social safety principles of the ADB and the Government.
49. The subprojects of 220kV Song May-Uyen Hung transmission line and Phu My 2
Substation have been operated as SPMB’s target. However, compensation payment is still
delayed compared to construction progress.
50. In the subproject of 220kV Song May-Uyen Hung TL, compensation plans have been
approved for almost AHs, except one new circumstance arise. Compensation payments have
been delivered to AHs and will be completed in the first quarter of year 2015.
51. In the 220kV Phu My 2 substation subproject, compensation plans have been approved
for 44 AHs, and the drafted compensation plans for 41 AHs are disclosed in local community.
It is proposed to get approval of Tan Thanh DPC next month.
2. Plan for the next period
52. SPMB will continue to disclosure project’s information such as grievance redress
mechanism, and specially regulations of electrical safety in local community.
53. SPMB has planned to complete payment of compensation and assistance in the first
quarter of year 2015.
54. The next monitoring carried out in the subproject areas of 220kV Song May-Uyen
Hung TL will be focused on (i) reviewing complaint cases whether AHs satisfied; (ii)
evaluating living condition of AHs whether it could be better-off.
55. For the subproject of 220kV Phu My 2 substation, the next monitoring will be
conducted to ensure that compensation and support for the rest of AHs will be done smoothly
and compliance with ADB social safeguard policies; grievance redress mechanism also taken
into account.
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Annex 1 Agreement between contractor and AHs
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on Implementation of RP
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Annex 2 Entitlement Matrix
Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
A. AGRICULTURAL LAND
A.1 Permanently affected agricultural land
Owners with
LURC, owners in
process of
acquiring LURC,
owners eligible to
acquire LURC
AND public
organizations
More than 10 percent
or more of total
productive
landholding affected
a/ As a priority, allocation of replacement
land: (i) equal in area to affected land up to
a maximum of land quota in the locality;
(ii) of same category (or productive
capacity); (iii) at a location satisfactory to
AP; (iv) with full title in the names of both
the household head and his/her spouse; and
(v) without charge for taxes, registration
and land transfer charges; and
b/ Economic rehabilitation package (see G,
below);
Or, if AP opts,
a/ Cash compensation at replacement cost;
and,
b/ Economic rehabilitation package (see G,
below).
AHs to be notified on reason of land
acquisition, schedule and plan,
compensation plan on compensation,
site clearance, resettlement at least
90 days prior to land acquisition
(Land Law 2003, Article 39).
Full payment for affected land to
AHs at least 01 months before site
clearance.
SMUH subproject
The compensation rate for
agricultural land was paid according
to Dong Nai and Binh Duong PPC’s compensation rate. Additionally,
allowance for agricultural land
acquisition accounts for 50% and
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
Less than 10 percent
of total productive
landholding affected
Cash compensation at replacement cost at
current market prices for affected portion if
remaining holding is viable;
OR
Cash compensation at replacement cost at
current market prices for entire
landholding, if remaining holding is not
viable.
60% of compensation rate for land
in Binh Duong and Dong Nai
province respectively.
PM2 Subproject
The compensation at market price is
paid for agricultural land acquired.
Allowance for agricultural land
acquisition accounts for 50%
compensation rate for land.
A.2 Impact on productive land in ROW
All AHs have
productive land in
ROW
Partially impact or
totally impact
a/ No compensation for land
b/ Compensation for fruit trees and others
at market price.
c/ Support for utilization of restricted land
SMUH subproject
Allowance for limitation of land use
is equal to 80% and 60% of
compensation rate for land in Binh
Duong and Dong Nai province
respectively.
PM2 Subproject
Allowance for limitation of land use
is equal to 80% of compensation rate
for land.
AHs receive compensation for
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
tree/crop without returning
compensated tree/crop
B. RESIDENTIAL AND/OR NON-AGRICULTURAL LAND (e.g., commercial)
B.1 Impact on residential and/or non-agricultural land in ROW
All AHs have
residential and/or
non-agricultural
land in ROW
Partially impact or
totally impact
a/ No compensation for land
b/ Allowance for purchasing fireproof
materials and lightning arrestors for the
existing house/structure or cash
compensation at replacement cost of
affected house/structure
c/ Support for utilization of restricted land
SMUH subproject
Allowance for limitation of land use
is equal to 80% and 70% of
compensation rate for residential
land in Binh Duong and Dong Nai
province, respectively.
For house/structure under ROW,
allowance is paid by 70% of its
compensation rate.
PM2 Subproject
Allowance for limitation of land use
is equal to 80% of compensation rate
for land.
C. MAIN HOUSES AND OTHER STRUCTURES IN ROW
C.1. Main house in ROW
All AHs have Partially impact on a/ Retain their houses in ROW according to SMUH subproject
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
house/structure and
trees in ROW
house or structures in
ROW (affected area
less than 50% of total
land area without any
impact to the
remaining structures
of the house/building)
the conditions regulated by Article 13 of
Decree No. 14/2014/NĐ-CP and cash
compensation for directly affected parts of
the houses at the replacement cost and cost
for demolishing the affected part
Allowance for limitation of
house/structure use is equal to 70%
of its compensation rate.
PM2 Subproject
Allowance for limitation of
house/structure use is equal to 50%
of its compensation rate.
Demolishing partial
or totally impact on
house/structures
(impact >50%, or less
than 50%)
a/ AH could chose one of the following
options:
Retaining their houses or building in ROW
according to the conditions regulated by
Article 13 of Decree 14/2014/NĐ-CP.
Allowance for purchasing fireproof
materials and lightning arrestors for the
existing house/building.
Cash compensation at replacement cost for
full areas of affected house/structure and
cost for demolishing AHs’ houses in ROW.
b/ Support for utilization of restricted
house and impacts on daily-life activities
C.2 Other Structures, e.g., kitchens, toilets, animal sheds, fences, foundations, etc. in ROW
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
Other structures Structures affected
due to location in
ROW of the T/L
Support for improvement of installing
fireproof materials and lightning arrestors
For structure with improvement,
allowance is paid at PPC’s rate for rehabilitation of installing fireproof
materials and lightning arrestors.
SMUH subproject
For structure without improvement,
allowance is paid by 70% of its
compensation rate.
PM2 Subproject
For structure without improvement,
allowance for limitation of
house/structure use is equal to 50%
of its compensation rate.
D. ANNUAL AND PERENNIAL CROPS, FRUIT AND TIMBER TREES AND TREE/PLANT FENCES
Crops and/ or trees Loss of annual crops If standing crops are ripening and cannot
be harvested, cash compensation of un-
harvested crops at market values based on
the average production aver past 3 years.
AHs to be notified at least 2 months
for harvesting crops;
Compensation is made depending on
the species, age, and value of
affected tree/crop.
AHs receive compensation for
tree/crop without returning
Loss of perennial
trees, fruit and timber
trees and tree fences
Cash compensation at current market
prices given the type, age and productive
value of the affected crops and/or trees.
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
compensated tree/crop.
G. REHABILITATION ASSISTANCE
G.1 Economic Rehabilitation Package
Severely affected
persons, displaced
from housing or
losing 10 percent or
more of their
productive, income
generating
irrespective of
tenure status.
Assistance to restore
livelihoods and
incomes following
acquisition of
agricultural land or
other productive
assets
AHs directly cultivate on the affected land
to be entitled:
(i) Losing from 10 to 30% of agricultural
land holding: Cash assistance equal to 30
kg of rice (valued at market price) per
month per household member for 3
months, if not relocating; for 6 months if
relocating; and for 12 months if relocating
in a harsh living condition area;
(ii) Losing more than 30% to 70% of total
agriculture landholding.
Cash assistance equal to 30 kg of rice
(valued at market price) per month per
household member for 6 months, if not
relocating; for 12 months if relocating; and
for 24 months if relocating in a harsh living
condition area;
(iii) Losing more than 70% of total
It is not necessary to implement IRP
due to none severely affected house
identified.
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
agriculture landholding
Cash assistance equal to 30 kg of rice
(valued at market price) per month per
household member for 12 months, if not
relocating; for 24 months if relocating; and
for 36 months if relocating in a harsh living
condition area; AND
(iv) In-kind assistance to be decided in
consultation with eligible APs. Forms or
assistance may include, but are not limited
to, agricultural extension assistance, and
training for non-agricultural occupations.
And
(v) Participating in income restoration
programs (IRP).
G.2 Assistance for job changing and creation
AHs with
agricultural land
permanently
affected
Assistance for job
changing and
creation.
Cash assistance equal to 1.5 time of
compensation value for affected for
acquired land area but not exceed 5 (five)
times of land quota in locality, according to
PPC’s regulation.
SMUH subproject
Binh Duong: Cash assistance for
permanently agricultural land
affected accounts for 50% of
compensation rate for residential
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
If AP has demand for training, he/she will
be entitled to a free training course
land nearby.
Dong Nai: Cash assistance for
permanently agricultural land
affected equals to 1.5 times of
compensation value for acquired
land.
PM2 subproject
Ba Ria-Vung Tau: Cash assistance is
equal to 1.5 times of compensation
value of acquired land areas.
Vocational training card is given for
all family members of labor force,
equivalent to the amount of VND
6,000,000 per member.
G.3 Special allowance for social and economically vulnerable households
Vulnerable APs
(the poor, war
invalid person,
woman headed
household, the
elderly)
Assistance to the
poor and vulnerable
households to
improve their social
and economic
conditions.
For the poor households, cash assistance
equal to 30 kg of rice (at market price) per
each family member per month for at least
6 months
For other vulnerable APs, assistance of
VND 2,000,000 per household to improve
No one entitled as vulnerable AP.
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
their social and economic conditions
G.4 Assistance for houses in ROW
AHs with house in
ROW
Assistance to
improve house or
install fireproof
materials and lighting
arrestors. And
assistance to mitigate
impacts due to
restricted usability
and impacts on daily
activities.
With houses grade 4, allowance for
installing fireproof materials and lighting
arrestors.
With houses grade 5, allowance for
rehabilitation.
Allowance due to restricted usability and
impacts on daily activities (according to
Decree 14/2014/ND-CP, it is ≤ 30% value of house).
SMUH subproject
Allowance for limitation of house
use is equal to 70% of its
compensation rate.
PM2 Subproject
Allowance for limitation of house
use is equal to 50% of its
compensation rate.
G.5 Assistance for other structures in ROW
AHs with other
structures in ROW
Assistance to
improve structure or
install fireproof
With structure grade 4, allowance for
installing fireproof materials and lighting
arrestors.
SMUH subproject
Allowance for limitation of structure
use is equal to 70% of its
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
materials and lighting
arrestors.
With structure grade 5, allowance for
rehabilitation.
compensation rate.
PM2 Subproject
Allowance for limitation of structure
use is equal to 50% of its
compensation rate.
G.6 Assistance for land in ROW
AHs with land in
ROW
Assistance to mitigate
impacts due to
restricted usability of
land
Allowance for agricultural land, residential
land, production planted, production forest,
non-agricultural land in ROW (according
to GOV Decree No.14/2014/ND-CP)
SMUH subproject
Allowance for limitation of
residential land use is equal to 80%
and 70% of its compensation rate in
Binh Duong and Dong Nai province,
respectively.
Allowance for limitation of
productive land use is equal to 80%
and 60% of its compensation rate in
Binh Duong and Dong Nai province
respectively.
For planted production forest,
compensation for land is not paid
but allowance for exploitation,
maintenance, and investment for
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Entitled Persons Type & Level Of
Impact
Compensation Policy Implementation
land accounts for 60.000 VND/m2.
PM2 Subproject
Allowance for limitation of land use
is equal to 80% of compensation rate
for land.
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Annex 3 New document on compensation and support
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Annex 4 Working with community
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Annex 5 List of additional DPs
No. Name of DPs Address
9. Nguyễn Xuân Phương Vinh Cuu district, Dong Nai
10. Nguyễn Minh Giám Vinh Cuu district, Dong Nai
11. Phu An Company Ltd. Bac Tan Uyen district, Binh Duong
12. Nguyễn Thắng Bac Tan Uyen district, Binh Duong
13. Nguyễn Thị Phướng Bac Tan Uyen district, Binh Duong
14. Trần Hưng Thế Bac Tan Uyen district, Binh Duong
15. Nguyễn Thế Phương Bac Tan Uyen district, Binh Duong
16. Nguyễn Thị Viên Bac Tan Uyen district, Binh Duong
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Annex 6 List of DPs not receiving compensation and assistance
No. Name of DPs Address Note
1. Hàn Quang Vinh Bac Tan Uyen
district, Binh Duong
Transferred the land use right for
Đoàn Quang Tú
2. Hàn Thanh Sơn Bac Tan Uyen
district, Binh Duong
Transferred the land use right for
Đoàn Quang Tú
3. Hàn Mạnh Hùng Bac Tan Uyen
district, Binh Duong
Transferred the land use right for
Đoàn Quang Tú
4. Phạm Thị Thu Thủy Bac Tan Uyen
district, Binh Duong
Complaint on compensation price
for forest land
5. Nguyễn Văn Hanh Bac Tan Uyen
district, Binh Duong
Dispute with other owner about
the land use right
6. Đỗ Thị Mỹ Phượng Bac Tan Uyen
district, Binh Duong
Adjust the compensation value
due to land acquisition for
foundation instead of under ROW
7. Unidentified mane Bac Tan Uyen
district, Binh Duong
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Annex 7 Replacement forest in other locality
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Annex 8 Records of Grievance Redress Mechanism
Table 1 Status of Complaint till December 2014
Note: (*) three cases under reviewing
(**) 4 HHs under stage of Phu My 2 Industrial Zone’s site clearance
Affected commune
Communal Level District Level Compensation Committee Provincial Level Court
No. of HHs Complained
No. of HHs satisfactorily
resolved
No. of HHs Complained
No. of HHs satisfactorily
resolved
No. of HHs Complained
No. of HHs satisfactorily
resolved
No. of HHs Complained
No. of HHs satisfactorily
resolved
No. of HHs Complained
No. of HHs satisfactorily
resolved
220kV Phu My 2 Industrial Zone Substation and Connection Lines
Tan Phuoc 0 0 0 0 0 0 0 0 4 4
220kV Song May-Uyen Hung Transmission Line
Bac Son 0 0 1 1 0 0 0 0 0 0
Tan An 3 1 0 0 0 0 0 0 0 0
Thuong Tan 0 0 0 0 0 0 0 0 0 0
Tan My 1 0 0 0 0 0 0 0 0 0
Uyen Hung 0 0 0 0 0 0 0 0 0 0
Total 4* 1 1 1 0 0 0 0 4** 4