Volume Resettlement Plan - All Documents | The World Bank

234
ELECTFU~Y OF VIETNAM POWER COMPANY 2 Rural Distribution Project Feasibility Study Ba Ria - Vung Tau Province Volume 2 Resettlement Plan Final Version (+, Power company 2 Power Engineering & Consulting Center November 2007 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

Transcript of Volume Resettlement Plan - All Documents | The World Bank

Page 1: Volume Resettlement Plan - All Documents | The World Bank

E L E C T F U ~ Y OF VIETNAM

P O W E R C O M P A N Y 2

Rural Distribution Project

Feasibility Study Ba Ria - Vung Tau Province

Volume 2

Resettlement Plan

Final Version

(+, Power company 2 Power Engineering & Consulting Center

November 2007

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This Final Version is produced taking into account the comments from Mr. Bui Ngoc Quang, Environment and Social Development Unit, WB Vietnam E-mail 'Review ofBa Ria - Vung Tau RP under RD Project' dated Nov. 7, 2007

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ELECTRICITY OF VIETNAM P O W E R C O M P A N Y 2

Rural Distribution Project

Feasibility Study Ba Ria - Vung Tau Province

Volume 2

Resettlement Plan

Prepared by Submitted by

i Date . . . . . . : . . . . . . . . . . . . . . . .

Center Vietnam Power

Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power Company 2 November Power Engineering & Consulting Center 2007

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plan

3.2 Entitlement

3.2.1 Eligibility and Limitation to Eligibility 3.2.2 Eligibility to Compensation Entitlement 3.2.3 Resettlement and Compensation Principles 3.2.4 Compensation Policy 3.2.5 Compensation Entitlement by Categories 3.2.6 Allowances and assistance

4. Resettlement Site

4.1 Mitigation Measures 4.2 Measures to Minimize Land Acquisition and Losses

4.2.1 Consultation and Participation 4.2.2 Impact Limitation Measures in Design Stage 4.2.3 Impact Mitigation Measures in Construction Stage

4.3 Results of Mitigation Measures

5. People's Participation

5.1 Community Meetings 5.2 Socio-economic Surveys 5.3 Objectives of Information Campaign and Consultation Program 5.4 Phase 1 5.5 Phase 2 5.6 Resettlement Information Booklet

6. Baseline Information

6.1 Data Gathering Activities 6.2 Socio-economic Surveys 6.3 Economy

6.3.1 Agriculture, Aquaculture and Forestry 6.3.2 Industry and Handicraft 6.3.3 Rural Transport

6.4 Census and Inventory

6.4.1 Population and Household Characteristics 6.4.2 Healthcare 6.4.3 Housing Conditions 6.4.4 Income

7. Project Impacts

7.1 Types of Impacts 7.2 Project Impacted People

7.2.1 NumberofDPs 7.2.2 Total DPs by Categories

. . Power Company 2 - 11 -

Power Engineering & Consulting Center

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Resettlement Plan

7.3 Project Impacted Assets 85

7.3.1 Number, Category and Area of the Houses Lost 87 7.3.2 Number and Area of Residential Land Lost 87 7.3.3 Number, Category and Area of Productive Land Lost 87 7.3.4 Quantity and Types of Crops Lost 8 8 7.3.5 Quantity and Kinds of Trees Lost 89 7.3.6 Business Lost including Structures, Land and other Fixed Assets 90 7.3.7 Productive Assets Lost as a Percentage of Total Productive Assets 90 7.3.8 Quantity and Category of Other Fixed Assets Affected 9 1 7.3.9 Temporary Damages to Productive Assets 92 7.3.10 Temporary Damages to Crops 93

8. lmplementatio~i Arrangement 9 5

8.1 Mitigation Measures

8.1.1 Announcement to DPs 8.1.2 Compensation Deadlines 8.1.3 Resettlement and Clearance Deadline

8.2 RP Implementation Process 8.3 Essential Actions

8.3.1 Action1 8.3.2 Action 2 8.3.3 Action3 8.3.4 Action 4 8.3.5 Action5 8.3.6 Action 6

8.4 Implementation Schedule 8.5 Staffing for RP Implementation

8.5.1 Proposed Staffing 8.5.2 Training and Workshop

8.6 Grievance and Appeals 8.7 Monitoring and Supervision

8.7.1 Internal Monitoring 8.7.2 External Monitoring

9. Costs and Budget

9.1 Budget 9.2 Compensation Cost Estimate 9.3 Compensation Unit Prices

9.3.1 Compensation for Structures 9.3.2 Compensation for Land 9.3.3 Compensation for Trees and Crops 9.3.4 Compensation for Aquaculture 9.3.5 FlowofFund 9.3.6 Inflation Adjustment

Power Company 2 - iii -

Power Engineering & Consulting Center

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9.4 Cost Estimates 9.5 Total Cost Estimate for RP Implementation

9.5.1 Preparation of RP & DMS 9.5.2 Compensation and Rehabilitation 9.5.3 Management 9.5.4 Monitoring 9.5.5 Contingency 9.5.6 Total Cost of RP Implementation

10. Disclosure

Tables

1.5 Existing Power Distribution Situation in the Project Areas

1.6 Projection of Power Supply Demand in the Project Areas

1.8.3 Project Components

3.2.5 Compensation Entitlement by Categories

7.2.1 Number of DPs 7.2.2a Total DPs by Impact Categories 7.2.2b Total DPs by Impact Categories - Locality Distribution 7.3.3 Number and Area of Productive Land Lost 7.3.4 Permanently Impacted Crops 7.3.5 Impacted Perennial Trees and Other High Trees 7.3.7 Productive Assets Lost as Percentage of Total Productive Assets 7.3.9 Temporary Damages to Productive Land 7.3.10 Temporarily Impacted Crops

8.5.1 Stafing for RP Implementation 8.5.2 Number of Proposed Trainees

9.3.2 Compensation Unit Prices for Land 9.3.3a Compensation Unit,Prices for Trees 9.3.3b Compensation Unit Prices for Crops 9.5.2a (I to 11) Compensation (Commune/township distribution) 9.5.2b Summary of Compensation 9.5.6 Total Cost Estimates of RP Implementation

Figures 2.1.2 RP Implementation Organizational Chart 3 3

8.6 Grievance Redress Administrative and Juridical Structures Available to DPs 102

Power Company 2 - iv - Power Engineering B Consulting Center

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Photos 5.4 Community meetings

Appendices

Project Areas Policy Framework Entitlement Matrix Agreements on T/L Routes Samples of Minutes of Community Meetings Samples of 'Questionnaire' Sample of 'Pamphlet' Housing Categories (Vietnamese Construction Standards) Inventory of Project Affected People

Abbreviations AEC BARD Consultant CPC CRC DARD D/L DMS DNRE DOC DOF DO1 DP

DPC DPI DSS EM EMP EVN FS Gov HH IDA IMA

Agricultural Extension Center Bank for Agricultural and Rural Development PC2 Power Engineering & Consulting Center Commune People's Committee Compensation and Resettlement Committee Department of Agriculture and Rural Development Distribution Line Detailed Measurement Survey Department of Natural Resources and Environment Department of Construction Department of Finance and Pricing Department of Industry Displaced Person or Project Affected Person (Pls. see definition in Policy Framework) District People's Committee Department of Planning and Investment Distribution Sub-station Ethnic Minority Ethnic Minority Plan Electricity of Viet Nam Feasibility Study Government of Viet Nam Household International Development Association Independent Monitoring Agency

66 and Appendix 5

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LURC IMA MOC MOF MOI MV OP 4.12 PC PC2 PMB PPC PPP

Land Use Right Certificate Independent Monitoring Agency Ministry of Construction Ministry of Finance Ministry of Industry Middle Voltage World Bank's Operational Policies 4.12 Power Company Power Company No.2 PC2 South Vietnam Power Management Board Provincial People's Committee Project Provincial Powers

Replacement Cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and sup- pliers; or to fishing, grazing, or forest areas), attempts are made to esta- blish access to equivalent and culturally acceptable resources and earn- ing opportunities. Where domestic law does not meet the standard of coinpensation at full replacement cost, compensation under domestic law is supplemented by additional measures necessary to meet the re- placement cost standard. (Pls see Item 2.2.2 of this RP).

RD RIB ROW RP RPF SIA S/S T A T/L TOR USD VND WB

Rural Distribution Resettlement Information Booklet Right-of-way Resettlement Plan Resettlement Policy Framework Social Impact Assessment Substation (step-down) Technical Assistance Transmission Line Terms of Reference United States Dollar Vietnam Dong World Bank

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1. Introduction

1 . The Project

Implementing the Government of Viet Nam's policy on the national industrialization and modernization program, the state Electricity of Vietnam (EVN) has decided to use the World Bank financial resources for the investment of the 'Rural Distribution Pro- ject'

PC2, on behalf of EVN, will develop the RD subproject in Ba Ria - Vung Tau province that traverses (1 1 hamlets + 3 groups) of (6 communes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city. (Pls. see Appendix 1 for Map of Project Areas).

The efficiency improvement of the 22 kV power distribution networks in the project areas of Ba Ria - Vung Tau province comprises of

(i) construction/installation 4 km of single-phase D L 79 poles

10 km of 3 -phase DIL 163 poles

21 DSSs of single phase (totaling 1,125 KVA) 33 DSSs of 3-phase (totaling 4,537 KVA)

(ii) refkrbishmentlreplacement 27 km of 3-phase D L 247 poles

(iii) upgradinglreplacernent 4 km (from single-phase to 3-phase) 68 poles

PC2 PMB is to enter a contract with the Consultant for the preparation of the Feasibi- lity, Environment Management Plan and the Resettlement Plan for the sub-projects with the aforesaid components in Ba Ria - Vung Tau province.

1.2 Policy Framework

This RP for the sub-projects under PC2 is based on the Policy Framework for Com- pensation, Resettlement and Rehabilitation of Project Affected Persons.

According to the Policy Framework, eligibility for compensation and rehabilitation entitlement includes all affected persons, households and institutions with or without legal status on their assets included in the RP inventory prior to the RP cut-ofSdate.

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By the actual RP implementation, PMBICompensation and Resettlement Committees will organize the survey for the actual prevailing prices for the adjustment of the com- pensation unit prices, if necessary, and the amount of compensation will be displayed at the CommuneIWard People's Committee Offices

1.3 Principles and Objectives

The principles outlined in the WB OP 4.12 (adopted in the Policy Framework) are the basis for the preparation of this RP.

Compensation costs will be based on replacementlmarket costs. Compensation at replacement cost for land, houses and perennial trees; compensation at market price for annual crops.

Apart from direct compensation, all DPs who permanently losing more than 10% of their residentiallproductive land or other incomes are entitled to trainings or other restoration measures and who required to be resettled are entitled to (i) transport allowance; (ii) relocating subsidy and (iii) trainings or other restoration measures. However, in this sub-project, there are no DPs losing more than 10% of fixed assets or who will require relocation.

1.4 Existing Power Distribution Situation in Ba Ria - Vung Tau Province

The existing power distribution networks in Ba Ria - Vung Tau province, in general, are 15kV and 22kV and incapable of meeting the current and fbture demand due to unapt D/Ls (too long distance and/or too small conductor diameter, leading to low service quality and high loss) and also lack of SISs.

Please see the table below for details of the existing power distribution situation in Ba Ria - Vung Tau province.

My Xuin Al, My Xuin A2 and My Xuin B1 industrial zones and north of Tan Thanh district

Sr No

Phu My Station 1 10/22(15)kV

Industrial zones in Tin Thanh district i.e. Phu MY 1, Cai Mep, Vina Kyoei steel fac-

I tory, LPG port, Phu My fertilizer enterprise and various communes in shouthern part of Tin Thanh district.

Station

Power Company 2 - 2 - Power Engineering 8 Consulting Center

DIL Capacity km MVA

Areas of supply

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Resettlement Plan

111 Ba Ria Station I 1 10122kV 1 23'5 1 7'5 1 BB Ria town and part of Long Di&n district

IV Ngli Giao Station 1 38.4

V

Total / 299.60 1 101.99 1

1 1 10122kV 6.78

VI

1.5 Projection of Power Distribution Demand in Ba Ria - Vung Tau Province

Chiiu Duc district

Long Dat Station 1 10/22(15)kV

With the ever increasing demand of power supply in the project areas, such forecast and planning for the hture (2005 - 20 15) power supply demand and distribution net- works in the project areas has been prepared by Energy Institute and approved by the Ministry of Industry (Decision No.2301QD-BCN dated January 26, 2006).

Xuyen Moc Station 1 10/22(15)kV

Please see the table below for the details of the power supply demand projection in the project areas.

66.8

1.6 Project Impacts

P e r m a n e n t I m p a c t s

60.9

Power Company 2 Power Engineering 8 Consulting Center

14.17 Long Di&n and Dkt Do districts.

8.29 Xuyen MOc district and parts of Long Di&n and Dkt Do districts.

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Permanent Land Acquisition

residential land productive land

rice crops garden

vacant public land

Nil

244 m2 representing 0.26% of total productive land holding

(There are no other types of land permanently affected in this project).

Permanent AfSected Structures

Permanent AfSected Crops

Nil

16 m2

Permanent AfSected Trees 329 trees

T e m p o r a r y I m p a c t s

Temporary land acquisition within RO Ws

residential land productive land

rice crops garden

Nil

2,521 m2 representing 2.56 % of total produc- tive land holding

vacant public land 268,507 m2

Temporary land acquisition for access roads

The temporary land acquisition for temporary access roads during construction is not required since the prevailing roads/paths/lanes and ROWS shall be used during the construction period.

Temporary afSected crops

rice crops

Impact on Houses/Structures

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2. Institutional and Legal Framework

2.1 Institutional Framework

The overall responsibility for enforcement of the Policy Framework and for planning and implementing this RP rests with PC2, South Vietnam Power Project Management Board and the People's Committee of Ba Ria - Vung Tau province and their relevant Institutions (i.e. Provincial and District CRCs, provincial DOFs, DOCS, DOIs, DNREs.. .).

PC2, its Consultant and Ba Ria - Vung Tau PPP are responsible for carrying out census, socio-economic survey and inventories and preparing RP and for the day-to-day imple- mentation thereof within their respective jurisdiction.

The District and Commune People's Committees will participate in the RP preparation and implementation.

2.2 Legal Framework

All GOV policies and WB policies related to land acquisition, compensation and resettlement (OP 4.12) are applied for this RP. Where GOV and WB policies are not compatible, the WB's OP 4.12 shall prevail with certain required waivers.

3. Entitlement Policy

This RP has been prepared on the basis of the OP 4.12 of the WB on involuntary reset- tlement adopted in the Policy Framework. The principle objective of the Policy Frame- work is to ensure that all DPs will be compensated for their losses at replacement cost and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity.

The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional framework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP's

Apart from direct compensation, all DPs who permanently losing more than 10% of their residential/productive land or other incomes are entitled to (i) transport allo- wance; (ii) relocating subsidy; (iii) trainings or other restoration measures (GOV Decree 197/2004/ND-CP).

After the agreement on T/L routes (to be constructed) and T/L lines (to be refurbished) is obtained, the Consultant has carried out the socio-economic survey and inventory of project affected assets traversing such agreed T/L routes/lines. The cut-offdate has been fixed during the socio-economic surveys and inventory, the 3 1"' of August of 2007. The cut-offdate has been declared ofSicialZy by the competent local authorities in the veryfirst community meetings in each project related commune.

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(Pls. see Appendix 3 for the Entitlement Matrix)

4.. Resettlement Site

Thanks to mitigation measures through public consultations from the initial stage and design stage of the project, the socio-economic surveys, inventory and census show that there are no DPs whose fixed assets being acquired more than 10% of their total holding and not required to be relocated, therefore, development of resettlement site is not required.

5. People's Participation

The consultation with DPs in getting their feedback will limit contradiction and avoid delays in project implementation. The RP is developed in close consultation with local authorities and DPs in order to maximize their participation in resettlement planning and implementing and the socio-economic benefits of DPs to the project.

Local authorities and DPs were consulted through line alignments, drafts of resettle- ment policy, RP implementation, grievance mechanism and monitoring and evaluation on the restoration of DPs' livelihoods after the project implementation. pis. see Appendix 5 for samples ofMinutes of Community Meetings and Appendix 7 for sample of Pamphlet).

6. Baseline Information

6.1 Data Gathering Activities

Consultant staff have carried out the census and inventory by means of direct inter- views and 'Questionnaires' during July - August, 2007 covering 100 % of DPs in the project affected areas of (1 1 hamlets + 3 groups) of (6 communes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city of Ba Ria - Vung Tau province.

6.2 Socio-economic Surveys

The socio-economic surveys have been carried out aiming at providing baseline data on the localities traversed by the D/Ls covering (1 1 hamlets + 3 groups) of (6 com- munes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city of Ba Ria - Vung Tau province. Survey data cover the information on the characteristics of the communities, their sources of income, revenue, socio-economic situation. The survey also aims at identifying characteristics of effected areas, assessing the development of population, houses, socio-economic etc. The survey data are used for establishing re- settlement policy and bases for evaluating restoration of living standards.

6.3 Economy

Economy in Ba Ria - Vung Tau province, among the open-door market economy of the whole country, develops on the trend of increasing industry and services sectors in the over-whelming agriculture, forestry, aquaculture and fishery sectors.

@ power Company 2 - 6 - Power Engineering 8 Consulting Center

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In the project areas, the project a e c t e d population is mainly farmers (59.53%), small- scale business (9.02%), wage-earners (from both state-owned and private sectors - 8.90%), handicrafl workers (4.1 1%) and aquaculture/fishing (3.46%) . The rest belong to free-lance labor (0.68%), retired (0.35%) and others (13.95%).

6.4 Census and Inventory

The census and inventory show that :

Number of DPs 61 HHs 251 pers

Area of residential lots lost Nil Area of agricultural land lost (rice field, garden, crop field.. .) .. ................... .. 244 m" ..-............ ...........-.. .- ............. -. ............. ......... -. ......... -. .......... ........... .- - -, -, . - ......... - - - ......... .......... - ........... - .- - - -. -. -. ........................... - ................................ Productive land lost as ~ercentane of total ~roductive land 0.26 %

Temporary impact on productive assets (garden, rice, crop land) ......... .- ....................................... .... -. ......... - .............................................................. ................................................ . ................ .......... .......... .............................. - -......

Business lost including structures. land and other fixed assets Nil

Imvact on sensitive areas Ni 1 .............................

Nil Impact on public works Nil ............................................................................................... - .......... - .................................................................................................... - .................................................................................................................................................................

Impact on EM communitzes ,Vil

The census and inventory also show the household characteristics :

Average of family size - Man - Women .

Age groups - 1-17yrsold - 18 - 60 yrs old - Above 60 yrs old Heaak of HH - Male - Female

Education standard - High school/Technical secondary - Secondary (10 - 12 classes) - Primary (6 - 9 classes) - Elementary (1 - 5 classes) - Readinglwriting - Illiterate - Not yet attending school

Occupation - Agriculture - Small business

4.1 1 persons 47.81 % 52.19 %

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- Wage earners (state-owned and private sectors) 8.90 % - Handicraft 4.11 % - Aquaculture/fishing 3.46 % - Free lanced labors 0.68 % - Retired 0.35 % - Others 13.95 %

Average annual income 24,727,2 13 VND/HH/year or 6,009,402 VND/person/year

7. Project Impacts

7.1 Project Impacted People

The following persons to be identified by the baseline information collected for this RP are Displaced Persons :

(a) persons whose houses are in part or in total affected (temporarily or permanently) by the project;

(b) persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project;

(c) persons whose businesses are affected in part or in total (temporarily or permanently) by the project;

(d) persons whose crops (annual and perennial) and trees are affected in part or in total by the project, and

(e) persons whose rented houses for residential purpose are affected by the project.

Results of the socio-economic surveys and census show that :

Total number of DPs is 61 HHs (251 persons), of these

DPs with permanent acquisition of more than 10% of residential/productive land Nil

DPs with permanent land acquisition of less than 10% of productive land holding 61 HHs

251 Pers DPs with permanent land acquisition of less than 10% of residential land holding Nil

DPs with partially affected structures Nil

DPs with annuallperennial treeslcrops affected 50 HHs 217 Pers

DPs with business partly or totally affected Nil

. DPs required to be relocated Nil

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From the results shown above, it is safe to state that the entire displacedpopulation is minor since the affected people are not physically displaced and less than 10% of their productive assets are lost - DPs' productive land lost is practically insignificant i.e. 0.26% of their total productive land holding.

Project Impacted Assets

The project will impact on:

(a) permanent land acquisition for tower foundations, and some access roads for the project construction.

(b) permanent impact on houses, structures, trees, crops and other assets in the proposed tower foundation areas and in ROWs.

(c) Assets on the service roads.

(d) All trees and crops or other assets surrounding the tower foundation and ROWs.

(e) Temporarily acquired land required during construction of the project

Results of the socio-economic surveys show that :

Permanent land acquisition residential land productive land

Nil 244 m2

Temporary land acquisition (in ROW) 2,521 m2 Permanent affected structures Nil Temporary affected structures Nil Permanent affected crops (i.e, rice, beans, groundnut etc.) Ni 1 Permanent affected trees (i.e. coconut, mango etc.) 329 trees Temporary affected crops 250 m2

Through consultation, DPs opted for cash compensation for their impacted assets at replacement costs for fixed assets and market price for crops.

7.3 Mitigation Measures

Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related offices, the project impacts are almost marginal.

There are no DPs with their fixed assets being acquired more than 10% of their total holding, therefore, no DPs required to be relocated and the development of resettle- ment site is not required.

8. Implementation Arrangements

8.1 Implementation Schedule

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Right after the investment for the project is approved, DPs in the project affected areas will be informed, again, of their rights, policy of this RP, including legal framework, eligibility provisions, entitlements, rates and mode of compensation/assistance, imple- mentation time-schedule and complaint and grievance rights mechanism. Such infor- mation will be delivered to DPs through community meetings, pamphlets.. .

The proposed RP implementation schedule is as follows:

1. Review and approvallclear of RP by E V N N B 2. Negotiation (GOV and WB) 3 . Signing of Agreement (GOV and WB) 4. Effectiveness

PMB and Project CRC :

1. Establishment of Project CRC 2. Commencement of Public information 3 . Commencement of Field works @MS) 4. Commencement of Payment of compensation

Nov. 2007 Mar. 2008 May 2008 Aug. 2008

(already exist) Sept. 2008 Nov. 2008 Jan. 2009

DPs :

1. Commencement of declaration of quantity and status of properties Nov. 2008 2. Commencement of receiving compensation and ground clearance Jan. 2009

Commencement of bidding for equipment

Civil works Commencement of civil works (The civil works is expected to complete within 12 months)

Jan. 2009

Jun. 2009

Monitoring Sept. 2008 - Dec. 2010

N& Considering the marginal impacts (without resettlement) and number of DPs and, with the apt workforce, the public information and DMS & inventory work is envisaged to be fulfilled within 3 months and the actual compensation can be fulfilled within 2 months.

Discussion among Consultant and PC2 PMB for the above proposed RP implementation schedule has been held, taking into consideration the quantity of project components, number of project related communes in each district, the apt workforce and possibility of parallel activities.

All RP activities must be satisfactorilv completed before the World Bank issues a no objection for award of contract for the sub-projects. Any changes to the RP after WB clearance will resuire review bv the WB Oflice in Hanoi before commencement of construction.

8.2 Institutional Arrangements

PC2, assigned by EVN, is responsible for all of operations on investment guidelines,

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investigation and design, project construction as well as supervision of compensation and resettlement of the project. PC2 will directly guiding the whole implementing process of the project including RP implementation. It will be assisted by provincial, district and commune authorities and all relevant institutions. (Pls. see Figure 2.1.2 for RP Implementation Organization Chart).

8.3 Complaint and Grievances

During the project implementation, DP's complaints and grievances will be dealt with according to the Vietnamese laws and regulations. DPs raising complaints will be treated fairly and guided by related agencies on the procedures and formalities for lodging their complaints of RP with all administrative fees exempted throughout such process.

There are 4 steps of complaint lodging for DPs i.e. Commune level, District level, Pro- vincial level and, in extreme cases, the DPs can being the issues to Court by using the Bureau of Law Consultant, free of charge.

(Pls. see Figure 8.6 for Grievance Redress Administrative and Juridical Structures Available to DPs)

8.4 Supervision, Monitoring and Evaluation

The implementation of RP shall be constantly supervised and monitored by PC2 PMB and the People's Committees at various levels in the project related localities. More- over, an independent external monitoring agency will be entrusted with independent monitoring tasks. Such independent external monitoring agency will be selected and contracted by PMB right afier RP approval and will commence their supervision and monitoring activities from the beginning of the RP implementation.

The result of selection of independent monitoring agency will be submitted to the WB for its concurrence.

9. Costs and Budget

Table 9.5.6 - Total Cost of RP Implementation Unit : VND

Components Total

Amount

2. Compensation

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- -. . . . . -. .. .. . . ... .. .........

Sub-total 3

Grand Total (1+2+3+4+5) 1 520,688,830

Notes

Budget for RP implementation will be from the counterpart funds : EVN.

The interested independent external monitoring agency will prepare the tech- nical and financial proposals for bidding and actual cost will be decided through procurement for independent external monitoring agency.

10. Disclosure

Drafts of Policy Framework and Entitlement Matrix have been disclosed at the People's Committees of the project related 6 communes + 3 wards + 2 townships belong to 4 districts + 1 town and 1 city in Ba Ria - Vung Tau province .

Drafts of RP have been disclosed at the offices of the provincial People's Committee of Ba Ria - Vung Tau province and at Vietnam Development and Information Center (VDIC) of the World Bank office in Hanoi.

The final RP will be cleared by the WB and approved by EVN and the People's Com- mittee of Ba Ria - Vung Tau province.

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1. Introduction

1.1 Project Objectives

The overall objective of the project is to contribute to the GOV' poverty alleviation program in the rural areas by providing basic infrastructure services i.e. electricity : the proposed project would be enable the supply of suEcient power of acceptable quality to the rural retail level.

The sub-projects in 14 provinces in South Vietnam will focus on constructing, refbrbishing, upgrading and increasing the capacity of existing distribution lines and substations and standardizing them to 22 kV to enable them to meet the growing demand more efficiently, provide better quality and quantity of electric power for productive uses and reduce power system losses.

The RD subproject in Ba Ria - Vung Tau province will traverse (1 1 hamlets + 3 groups) of (6 communes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city. (Pls. see Appendix 1 for Map of Project Areas).

The efficiency improvement of the 22 kV power distribution networks in the project areas of Ba Ria - Vung Tau province comprises of

(i) construction/installation 4 km of single-phase D L 79 poles

10 km of 3-phase DIL 163 poles

21 DSSs of single phase (totaling 1,125 KVA) 33 DSSs of 3-phase (totaling 4,537 KVA)

(ii) refbrbishmentlreplacement 27 km of 3-phase D L 247 poles

(iii) upgradinglreplacement 4 km (from single-phase to 3-phase) 68 poles

Implementing the project components, land acquisition will be required for pole foun- dations, access roads and ROWS. However, rehabilitation and expansion of the 22 kV systems will not cause large scale of land acquisition and resettlement.

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Current data shows that the existing networks (substations and D L s ) can not satisfy the current load (let alone many newly formed populated areas) and almost constantly overloaded with high electricity loss and low service quality.

Therefore, implementing this project will not only satisfy the ever increasing demand for infrastructure, industries, handicraft and aquaculture development but also improve the spiritual and material life of the communities in the project areas.

1.2 Policy Framework

The principle objective of the Policy Framework for Compensation, Resettlement and Rehabilitation is to ensure that all DPs will be compensated for their losses at replace- ment cost and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity. Please see Appendix 2 for Policy Framework for Compensation, Resettlement and Rehabilitation of Project AfSected Persons.

The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional framework, modes of compensation and rehabilitation, people's participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DPs. This RP is based on the Policy Framework.

1.3 Objectives of Resettlement Plan

The overall objective of the RP is to define resettlement and compensation programs for the project in such a way as to limit as much as possible the number of project af- fected persons and their affected properties and to ensure that all DPs shall be com- pensated for their losses at replacement cost and will be provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living stan- dards and income earning capacity.

1.4 Principles of Resettlement Plan

The principles outlined in the WB' OP 4.12 have been adopted in preparing the Policy Framework. In this regard, the following principles and objectives will be applied.

(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.

(b) All DPsY residing, working, doing business or cultivating land in ROWS of DLs, surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and

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production levels. Lack of legal rights to the assets lost do not bar the DP@om entitlement to such rehabilitation measures.

(c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DPs7 choice; (iii) replace- ment of residentiavpremise land of equal size acceptable to the DPs or in cash at replacement cost according to DPs7 choice; and (iv) transfer and subsistenceal- lowances.

(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs prior to the expected start-up date of works in the res- pective Project site.

(f) Plans for acquisition of land and other assets and provisions of rehabilitation mea- sures will be carried out in consultation with the DPs to ensure minimal distur- bance. Entitlements will be provided to DPs prior to expected start-up of works at the respective project site.

(g) The previous level of community services and resources will be maintained or improved.

(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.

(i) Institutional arrangements will ensure effective and timely design, planning, con- sultation and implementation of RP.

) Effective and timely supervision, monitoring and evaluation of the implementa- tion of RP will be carried out.

Entitlements will be provided to DPs prior to expected start-up of works at the respect- tive project site.

This RP preparation has been carried out by the Consultants in accordance with the provisions of the Policy Framework with consultation and participation of DPs and local authorities.

In order to ensure that the objectives of this RP are met, compensation unit prices es- tablished by provincial and district CRCs and approved by PPC at rates warranting compensation at replacementlmarket costs. The PMB, CRCs, PPCs, independent ex- ternal monitoring agency are responsible to check and propose for the adjustments to PMB (if necessary) the compensation unit prices at the time of RP implementation to ensure the compensation unit prices are at the replacement values.

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This RP has been agreed upon by the local relevant authorities and will be valid after GOV' s and WB's approval.

Compensation, resettlement, assistance and rehabilitation activities will only commence after the WB has found the RP acceptable and the EVN and the Project PPC have ap- proved it.

The compensation, resettlement, assistance and rehabilitation activities will be com- pleted before awarding the contracts of civil works under each sub-project.

1.5 Existing Power Distribution Situation in Ba Ria - Vung Tau Province

The existing power distribution networks in Ba Ria - Vung Tau province, in general, are 1 10/22(15)kV and 1 10122kV and incapable of meeting the current and future demand due to unapt D L s (too long distance and/or too small conductor diameter, leading to low service quality and high loss) and also lack of S/Ss.

Please see Table 1.5 below for details of the existing power distribution situation in Ba Ria - Vung Tau province.

Table 1.5 - Existing Power Distribution Situation in Ba Ria - Vung Tau Province

Areas of supply

Station No

My Xuan A Station ... -. .............................

1 10/22(15)kV

D/L Code km I Capacity MVA I

My XuBn Al, My XuBn A2 and My XuBn B 1 industrial zones and north of Tan Thanh district

I1 PhuMyStation ....................... 471 DR. 1.2 Industrial zones in TBn 1 110/22(15)kV Thanh district i.e. Phu MY .95 1, Cai Mep, Vina Kyoei

4.40 steel factory, LPG port, - .. - .................... - ...... - ............. 4.40 Phu Mv fertilizer enterprise . . . - .

5fl $ ;.-v 1 ................. and various communes in

..... shouthern part of TBn

..... Thanh district.

I11 Ba Ria Station Ba Ria town and part of 1 1 0122 kV Long ~ i & n district.

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1.6 Projection of Power Distribution Demand in Ba Ria - Vung Tau Province

Chiu Dirc district.

X u y h Mi3c district and parts of Long Di&n and DAt

With the ever increasing demand of power supply in the project areas, such forecast and planning for the hture (2005 - 2015) power supply demand and distribution net- works in the project areas has been prepared by Energy Institute and approved by the Ministry of Industry (Decision No.2301QD-BCN dated January 26, 2006).

Total

Please see Table 1.6 below for the details of the power supply demand projection in Ba Ria - Vung Tau province.

Table 1.6 - Projection of Power Supply Demand in Ba Ria - Vung Tau Province

299.60

1.7 Project Ownership and Organization

101.99

Investor Power Company 2 (under EVN)

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Management Southern Power Project Management Board (under PC2)

Provincial Power Services Ba Ria - Vung Tau Power Company (under PC2)

Consulting agency Power Engineering & Consulting Center (under PC2)

1.8 Overall Project Description

1.8.1 Step-down Transformer Station

Capacity

single-phase 25, 50and75 kVA 3 -phase 150 kVA

Type of supports installed on conductor support towers

1.8.2 Distribution Line

Voltage level 22 kV

ROW single-phase D L 4 m 3-phase D L 6 m

Support type Centrifugal concrete poles

Height of tower

single-phase D L 10.5 m 3-phase D L 12 m

14 m

Tower foundation area

single-phase D L 4 m2 3-phase D L 6 m2

Average distance between towers*

single-phase D L =59 m 3 -phase D L r65 m

1.8.3 Project Components

Theoretically the distance between poles of 22kV D/L is around 80m. However, the above stated average distances between poles are applicable in Ba Ria - Vung Tau RD subprojects due to topographical conditions and also avoiding impacts on houses/structures.

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Table 1.8.3 - Project Components

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DistrictlCommune/Ward

4. Veng Tau city 4.1 Ward 11

Sub-total 4

5. Ba %a town

6. TPn Thanh

. . ,...... . . . ... . .. ... .... ...

Construction/installation Upgrading

D/L Single Phase to

3-Phase km I pole

Refurbishment D L

Three Phase

km 1 pole

Stations

Single Phase

Q ~ Y 1 KVA

1 7 5

1 75

D/L

Three Phase

Qty I KVA

2 300

2 300

Single Phase

km 1 pole

0.5 9 0.5 9

Three Phase

km I pole

2.7 4 1 2.7 41

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Resettlement Plan

DistrictlCommune/Ward

Total 1 21 1,125 1 33 4,537.5 ( 4.67 79 1 10.6 163 1 27.6 247 1 4.7 68

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Resettlement Plan

1.8.4 Project Efficiency

As already mentioned above, the existing networks (with total capacity of 102 MVA and total 22kV + 15 kV D/L of 299 km) can cover almost all the population of the project area, but due to (i) many degraded D/Ls and poles, (ii) many illogic routings, (iii) many random connections and, (iv) many newly formed populated areas, the networks almost constantly overloaded with high electricity loss and low service quality.

The project efficiency will add to the existing capacity with

Notes : Rounded figures.

Upgrading1 Replacement

(single-phase -+ ConstructionlInstallation

The newly built, rehrbished and upgraded components of the subproject will increase the capacity of existing distribution lines and substations and standardizing them to 22 kV to enable them to meet the growing demand more efficiently, provide better qua- lity and quantity of electric power for productive uses and reduce power system losses not only for Vung Tau city and Ba Ria town but also for other districts in Ba Ria - Vung Tau province.

Refurbishment1 Replacement

1.8.5 Project Impacts

Single Phase 22kV DIL

Project Impacted People

Three Phase 22 kV D/L km

27

km

4

Total number of DPs is 61 HHs (25 1 persons), of these :

Pole

247

3-phase) Three Phase

22kV DIL

Pole

79

HHs Persons

km

4

km

10

DSSs

DPs with permanent acquisition of more than Nil Nil 10% of residential land

Pole

68

'Ole

163

phase

2 1 totaling 1,125 KVA

DPs with permanent acquisition of less than Nil Nil 10% of residential land

3-phase

3 3 totaling 4,537 KVA

DPs with permanent acquisition of more than Nil ]?Ti1 10% of productive land

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DPs with permanent acquisition of less than 10% of productive land 6 1 25 1

DPs with totallylpartially affected structures (permanent or temporary)

Nil Nil

DPs with annual cropslperennial trees permanently affected

DPs with annual crops temporarily affected 5 15

DPs with business partly or totally affected Nil Ni 1

DPs required to be relocated Nil Nil

From the results shown above, it is safe to state that the entire displacedpopulation is minor since the affected people are not physically displaced and less than 10% of their productive assets are lost.

P e r m a n e n t I m p a c t s

Permanent Land Acquisition

residential land

productive land

rice crops garden

Nil

244 m2 representing 0.26% of total productive land holding

vacant public land

(There are no other types of land permanently affected in this project)

Permanent AfSected Structures

Permanent AfSected Crops

Permanent AfSected Trees

T e m p o r a r v I m p a c t s

Temporary land acquisition within RO Ws residential land

productive land

Nil

16 m2

329 trees

Nil

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rice 60 m2 crops 190 m2 garden 2,271 m2

2,521 m2 representing 2.56 % of total produc- tive land holding

vacant public land 268,507 m2

Temporary land acquisition for access roads

The temporary land acquisition for temporary access roads during construction is not required since the prevailing roads/paths/lanes and ROWS shall be used during the construction period.

Temporary affected crops

rice 60 m2 crops 190 m2

Impact on Houses/Structures

250 m2

Nil

1.8.6 Mitigation Measures

Consultation and Participation

Survey teams of PC2 Consultant have conducted discussions and consultations with local authorities and local people on possible impacts caused by the project, particu- larly the alignment of D L routes. The selected line route and DSSs locations are the least impact option.

Design Stage

During the mapping of the routes, PC2 and its Consultant have thoroughly studied different alternatives on map and at sites to select the optimal ones.

Certain changes in direction of the routes, the large turning angles of the routes and more road crossings are applied to avoid impacts.

Height of aerially installed DSSs, applicable distances between towers and applicable dimensions of tower foundations have been well considered during the design stage.

Construction Stage

Many bidding packages for certain localities are well considered by PMB for the shortest possible construction period.

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Resettleme?t Plan

Canals and existing public roads/paths/lanes are well considered for the access roads during the construction period.

Appropriate workforces with working shifts would be scheduled to shorten the tempo- rarily affected period.

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Vietnam Rural Distribution Project Resettlema it Ba Ria - Vung Tau Province Plan

2. Institutional and Legal Framework

2.1 Institutional Framework

2.1.1 Overall Responsibility

The overall responsibility for enforcement of the Policy Framework and for planning and implementing this RP rests with PC2 South Vietnam Power Mana- gement Board and the People's Committee of Ba Ria - Vung Tau province and their relevant Institutions (i.e. Provincial and District CRCs, provincial DOF, DOC, DOI, DNRE.. .).

PC2, its Consultant and PPP are responsible for carrying out census, socio- economic surveys and inventories and preparing RP and for the day-to-day implementation thereof within their respective jurisdiction.

The District and Commune People's Committees will participate in the RP preparation and implementation.

These administrative units will also ensure the active and effective participation of the DPs in the RP preparation and implementation. In order to have RPs ac- ceptable to the WE3 and to implement RP smoothly, PC2 is responsible for (i) hiring qualified consultant to prepare RP; (ii) appointing qualified social safe- guard staffs at PMB, PPP and CRCs at provincial and district levels.

Financial resource for the project investment is from EVN

Funds for compensation will be from (i) EVN and (ii) budgetary requirements for economic restoration, other assistance would be either from the counter part finds or from IDA.

2.1.2 Detail Responsibility

Electricity of Viet Nam

Electricity of Viet Nam is the owner of the project and is responsible for managing and organizing of survey, investigation, design, budget arrangement, finding and

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supervision for RP implementation. EVNYs Department of Business and Rural Energy is assigned as the directly in-charged body of the RD Project.

Pro-iect Management Board

The PMB has direct responsibility and day-to-day management oversight for imple- menting all aspects pertained to the works of the RD subprojects (22 kV D/Ls and SISs), including planning, programming, budgeting and ensuring overall sub-projects' coordination and supervision of resettlement activities, design, implementation, moni- toring, evaluation and coordinationlliaison with EVN and the WB.

The responsibilities of the PMB towards the subprojects' resettlement issues include, but not limited to, the followings :

Planning overall schedule of resettlement implementation for all competent components.

Guide the resettlement implementing agencies at different levels in updating DMS based on the detailed technical designs to identify exact number of DPs and their impacts levels, serving as a legal basis for compensation payment.

Guide the resettlement implementing bodies to execute resettlement activities in accordance with the provisions of the Resettlement Policy Framework and the RP of the subproject and, in case of any mistakes or shortcomings are iden- tified through internal and/or external monitoring of the RP implementation, ensure that the correction measures are adopted and objectives of the RP are met.

Guide the local resettlement agencies on procedures of preparation and sub- mission for approval of documents related to compensation and resettlement.

Provide overall supervision of the progress of the subproject's compensation and resettlement programs, implementation and supervising the coordination between the civil works in certain locality with the respective resettlement activities.

Provide necessary resettlement training to the implementing agencies at all level.

Establish standard procedures for information meetings and consultation with DPs. Implement the subproject resettlement information campaign, including the delivery of public resettlement information documents and conducting consultation with DPs in accordance with the project established guidelines.

Provide coordination between various agencies involved in the RP implement- tation and monitoring the RP implementation. Establish liaison mechanisms to ensure proper technical and logical support to the implementing agencies.

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Review and advice the subproject's PPC to make adjustment, if necessary, on compensation rates for land and house/structures in accordance with the pro- visions of this RP.

Channeling budget for the subproject's resettlement implementation.

Establish procedures for coordination between contractors and local commu- nities and prompt evaluation and compensation for community assets impacted (if any) during the civil works.

Establish procedures for prompt implementation of correction measures and actions in response to DPsY grievances.

Coordinate the issue of project-related employment to DPs (consult and en- courage the contractors on employment opportunities for local population, inform local people about such opportunities).

Establish procedures for ongoing internal monitoring and prepare the sub- project progress reports and ensuring compliance with the project RP pro- visions and policy.

Manage a standardized DPs database, serving practical resettlement imple- mentation needs.

Recruit and supervise the independent external monitoring agency.

Implement accounting of resettlement implementation of the subproject.

Prepare subproject progress reports on land acquisition and resettlement to submit to EVN and WB.

Provincial People's Committee

The Project PPC is responsible for adopting the Resettlement Policy Frame- work and endorsing the RP and clearly directldemarcate the responsibilities for their relevant institutions in implementing RP.

Approve the compensation unit costs, allowances and establishing appraising committees, compensation and resettlement councils at provincial and district levels and approve lands for compensation.

Redress complaints and grievances.

RP Related Provincial Departments

The Provincial DOF is responsible for studying and issuing unit prices of compen- sation and submitting to PPC for approval. Right from the initial stage of the RP implementation, the DOF will closely co-ordinate with DOC, DNRE, DARD, District People's Committees and independent external monitoring agency in order to evaluate

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Resettlement Plan

the applicable unit prices in RP and propose to PPC for approval and ensuring the compensation unit prices to be at the replacement value at the time of compensation payment.

Provincial Compensation and Resettlement Council (CRC]

The Provincial CRC will be headed by the Vice Chairman of the Provincial People's Committee and will consist of the representatives of :

Department of Finance & Pricing

Department of Construction

Department of Natural Resources & Environment (Housing and Cadastral Bureau)

Chairmen of People's Committees of the related districts.

PMB.

The Provincial CRC is responsible for :

Advising the PPC on approving the project's land acquisition and allocating the land for the subprojects' development.

Advising the PPC on making final decision on compensation unit costs, subsidies, allowances, and on supporting policies for severely affected DPs, poor and vulnerable affected groups, in accordance with this RPF and the approved RP.

Directing coordination between the related institutions and provincial de- partments for the implementation of the RP.

Reviewing and submitting to PPC for approval the compensation options and land clearance in accordance with delegated responsibilities.

Assist PMB and District CRCs in preparing detailed plans for compensation and resettlement.

Checking all inventory of impacts and detailed implementation plans submitted by District CRCs. Approval the implementation plans submit by the District CRCs.

Ensuring that the subprojects' resettlement activities shall be carried out in compliance with policies and provisions of the RPF and this RP. If any mis- takes or shortcomings are identified through internal and/or external moni- toring of RP implementation, the provincial CRC should take responsible to ensure that the objectives of the RP are met.

Cooperating with project management and implementation units to assist the PPC in making decision for prompt resolving grievance and complaints

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of DPs or from local district/communes, according to their competence and responsibilities.

Districts People's Committees

The District People's Committees are responsible for guiding the compensation and resettlement activities in their respective district areas :

Direct the relevant institutions for carrying out impact survey; public consul- tation, information dissemination on the resettlement policy and RP imple- mentation.

Establishment of District CRCs.

Identify the legality of land user rights or ownerships of affected land and other assets.

Appraise and approve compensation options for DPs within their administra- tive competence.

Issue regulations and procedures of solving administrative matters related to the project resettlement and compensation implementation within their admi- nistrative boundaries.

Responsible for settle complaints of DPs at district level.

District Compensation/Resettlement Councils

The District CRCs will be headed by the Vice Chairmen of the District People's Committees. The District CRCs will consisted of the following representatives :

Department of Finance and Pricing

Department of Natural Resources & Environment (Housing and Cadastral Bureau)

Department of Industry

Affected Communes

DPs

The District CRCs are principal institutions responsible for the implementation of RP in their respective district areas. The District CRCs recruit experienced personnel for gathering of base-line information and inventory. The District CRCs are responsible for :

Organize the survey team to carry out Detailed Measurement Survey (DMS) for affected houses and assets; finalize DMS and Entitlement forms for each DP.

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Checking the unit prices of compensation as applied in RP, suggest for adjust- ting the unit prices in conformation with market priceslreplacement costs (if required).

In co-ordination with PMB, organize the meetings with DPs, communes, dis- seminate the RZB, DMS and entitlement forms to DPs.

Based on the policy and approved process in RP, prepare the detailed imple- mentation plan (quarterly, semi-annual, annual plans) and the together with PMB pay entitlements to DPs in a timely manner.

Pay special attention to the needs and demands of the specific groups (ethnic minority groups) and vulnerable people (children, the elderly, womadsingle head of households).

Settling the complaints and grievances of DPs, solving any difficulties during the implementation period, and suggest the solutions for the outstanding issues to Provincial CRC.

Commune People's Committees

People's Committees of communes will be responsible for :

Assign concerned communal officialslprofessionals to help carrying all re- settlement activities in its commune.

Contribute to census and inventory surveys and DMS : assist the agencies1 bodies in charge of census surveys, replacement cost survey, DMs and other resettlement related activities.

In co-ordination with District CRC for public meetings, information disse- mination, compensatiodallowance payment to DPs.

Check and confirm the legality status of the affected land, houses, structures and other assetsllosses of the DPs.

Participate in all activities related to land acquisition and allocation, resettle- ment, rehabilitation measures and social development support activities.

Support DPs in all resettlement and rehabilitation-related activities. Co-sign compensation documents with the DPs.

Verify the list of the poor or disadvantage DPs

Ensure DPs' grievances redress mechanisms are appropriate and properly in place. Settle DPs' grievance at commune level and transfer all DPs' opinion to the district CRC along with proposal for the settlement of certain issue (if any). Document DPs' grievances and maintain records of all grievances. Assist and advice DPs on speedy redress of grievances.

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Assisting local people in overcoming the difficulties during the construction period, assist DPs in repairing of affected houses. Arrange land in the case DPs require compensation by land for land.

Project Affected Persons (DPs)

DPs are ready with their necessary RP related papers i.e. LURC, ownership of other assets.

• DPs are responsible for carehlly checking on their lost assets and respective entitlements and clear land in a timely manner once DPs receive full entitle- ments.

Independent External Monitoring Agency

Certain agency or institute, specialized in social sciences, shall be identified and en- gaged in order to carry out socio-economic surveys, monitoring and evaluation of the RP implementation for the whole subproject. The PMB will sign contract with the selected Independent External Monitoring Agency. The Independent External Moni- toring Agency shall submit periodic monitoring reports on RP implementation pro- gress and make recommendations for solving the issues identified to PMB and WB.

(Pls. see Figure 2.1.2 for RP Implementation Institutional Organization Chart)

Figure 2.1.2 - RP Implementation Organizational Chart

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2.2 Legal Framework

U.'B Policy on Involuntary Resettlement (OP 4.12), KB Policy on Indigenous Peoples (OP 4.10) and GOY Laws on Compensation and Resettlement and Policies for EM are applied.

2.2.1 Vietnamese Laws (Compensation and Resettlement)

The key national laws, decrees, circulars governing land acquisition, compensation and resettlement consists of the followings :

Constitution of the Socialist Republic of Vietnam (1992) confirms the right of citizens to own a house and to protect the ownership of the house.

The Civil Law (October 28, 1995).

MOC 'Vietnam Construction Standards' Vol. 1 : TCVN 2748:91 on applicable standards of classification of construction projects.

GOV Decree 29/1998/ND-CP dt. May 1 1, 1998 on the implementation of de- mocracy in commune. The decree specifies certain issues that the local and relevant authorities should inform the people and discuss with them and certain issues should be supervised and undertaken by the grassroots.

Law on Petition and Accusation dt. December 02, 1998.

GOV Decree 67/1999/ND-CP dt. August 07, 1999 regulates in detail the Law on Petition and Accusation.

The 2003 Land Law (passed by the National Assembly on November 26, 2003) regulates the land management and land uses, with effective date of July 01, 2004, provides that "the persons with land to be recovered shall be com- pensated with the assignment of new land of the same use purposes; if having no land for compensation, shall be compensated with the land use right value at the time of issuance of the recovery decisions. The People's Committees of the provinces and cities directly under the central government shall elaborate and execute resettlement projects before the land recovery for compensations with dwelling houses, residential land for persons having residential land re- covered and having to move their places of residence. The resettlement sites must have development conditions being equal to or better than the conditions in the former places of residence. In cases of having no resettlement land, the persons having land recovered shall be compensated with money and given priority to purchase or lease dwelling houses under the State's ownership, for urban areas; be compensated with residential land, for rural areas. In case of recovering land of households andlor individuals, that are directly engaged in production, but having no land for compensation for continued production, apart from pecuniary compensations, the persons having land recovered shall

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be supported by the State to stabilize their lives, with training for change of their production andlor business lines, with the arrangement of new jobs."

Item 4 - Land Acquisition

Art. 39 regulates the land acquisition for the purposes of national de- fense, security, national interests and public interests. Clause 2 of this Article clearly defined the public info (at least 3 months prior to agricultural land acquisition and 6 months prior to non- agricultural land acquisition) on the reasons of land acquisition, time schedule, resettlement plan, compensation1 ground clearance master plan for land acquisition.

Art. 42 regulates the compensation and resettlement of the people who have land being acquired :

Clause 1 . . . people, who have LURC or having sufficient conditions to have LURC shall be compensated for their acquired land. . .

Clause 2 . . . the acquired land shall be compensated with new land of similar using purpose; in case of lack of resettlement land, the compensation shall be equal to the value of land use right at the time of land acquisition.. .

Clause 3 . . . provincial People's Committees and Cities directly under the central government prepare and implement the resettlement plans prior to the land acquisition.. . The resettlement sites planed for various projects in the same area and should have similar to or better development conditions than the old dwelling sites.

In case of lack of resettlement sites : (i) in urban areas 'DPs shall be compensated in cash and have the priority to buy or rent the state-owned houses', and (ii) in rural areas 'DPs shall be compensated with residential land' and 'in case the value of the acquired residential land is higher than that of the compensated land plot, DPs shall be compensated in cash for the differences'.

Clause 4 . . . in case DPs whose productive land being ac- quired and there is no productive land for 'land for land' compensation, apart from the cash compensation, DPs shall receive assistances for

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resettlement, training for new trades, employing in new trades.

Art. 49, 50

Art. 56

define the conditions for issuance of LURC to the extend that (i) 'HH or individual who directly using the land for agricultural, forestry, aqua- culture and salt production in the areas of socio- economic difficulties in the mountainous areas or islands and who have their residential registra- tion and certification from their commune People's Committee that they had been using the land stably and without disputes are being issued with LURC and do not have to pay for the land use', (ii) 'HH or individual who had been stably using the land before Oct. 15, 1993 but without any legal papers and their commune People's Committee certifies that their land is without disputes and apt to the approved local land use plan are being issued with LLRC and do not have to pay for the land use', (iii) 'HH or indi- vidual who had been stably using the land from Oct. 15, 1993 till the effective of this Law, but without any legal papers and their commune People's Committee certifies that their land is without disputes and apt to the approved local land use plan are being issued with LURC and do have to pay for the land use'.

defines the State controlled Land Price : (i) the land price verification by the State should ensure the principles i.e. 'close to the actual value of the transfer of land use rights on the market and when there is large difference between the defined land price and the actual value of the transfer of land use rights on the market, adjust- ment should be carried out', (ii) 'Government regulates the method of land price verification for each region at each period and land price ad- justment and dealing with differences of land prices at the borders of the provinces and cities directly under the central government', and (iii) 'Land price defined by the People's Committees of the provinces and cities directly under the cen- tral government is publicly announce on January I" every year. . . '

defines the 'consultant on land price' : 'agencies having sufficient conditions and competent in land price service activities can be the consultant

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Resettlement Plan

for land prices' and 'the consulted land prices are used as references in the state management on land financial issues and activities in land use rights'.

GOV Decree No. 18 112004lND-CP dt. October 29, 2004 guiding the imple- mentation of the 2003 Land Law.

GOV Decree No. 182/ND-CP dt. October 29, 2004 on penalty for administra- tive violation in the land user-rights.

GOV Decree No. 18812004lND-CP dt. November 16, 2004 on methodology fol. price verification and price framework of various types and categories of land.

This Decree setforth the minimum and maximum prices of different types and categories of land covering the whole country. These prices have been esta- blished for the purpose of land acquisition by Government, tax value for transfer of land use rights, leasing government land and national and public purposes.

The methodology for the land price verification elaborated in this Decree is to ensure the substitution cost of the land.

MOF Circular No. 11412004lTT-BTC dt. November 26,2004 guiding the im- plementation of Decree 1 18/2004/N-CP dt. Nov. 16, 2004.

This Circular elaborates in details the methodologies (i.e. direct comparison method and income method) for the land price verification of different types and categories of land in different regionslareas to ensure the replacement cost.

GOV Decree No. 19712004lND-CP dt. December 03, 2004 on the compensa- tion, assistance and resettlement in case of land acquisition by the State.

Art. 6 '... people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisitioin shall be applied. If there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash'.

Art.19 '.. . houses and structures of domestic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard.. . '

GOV Decree No. 19812004lND-CP dt. December 03, 2004 on the collection of land use fee.

MOF Circular No. 11612004lTT-BTC dt. December 07, 2004 guiding the im- plementation of Decree No. 197/2004/ND-CP.

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• W V Decree No.5312005IND-CP dt. April 19, 2005 regulating and guiding the implementation of of the law of petition.

a W V Decree No. 10612005IND-CP dt. August 17,2005 defined the protection of high voltage systems.

a GOV Decree No. 17/ND-CP dt. January 27, 2006 on amendment of certain provisions of certain decrees guiding implementation of the Land Law.. .

Item 2 of Article 4 of this Decree states that :' ... in case at the time issuance of decision for land acquisition and the land prices* are not relfecting the actual market value (in normal condition) of land use tranfer, the provincial People's Committee andlor City directly under the Central Government will decide the appropriate land prices'.

a GOV Decree No. 13 1/2006/ND-CP dt. Nov. 09, 2006 stipulated procedures of using and management of ODA.

a GOV Decree No.84/2007/ND-CP dt. May 25, 2007 on provision of issueing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement and grievance redress when land acquired by the State.

a Decisions of Ba Ria - Vung Tau Provincial People's Committee on the a,pplicable unit prices for compensation i.e. (i) Decision No.4630/2006/QD- LTBND dt. December 20, 2006 for land compensation and (ii) Decision No. 636120061 QD-UBND dt. March 01, 2006 (along with Decision No. 2254/UBND-VP dt. April 25, 2006) for trees and crops compensation.

2.2.2 World Bank Policies (Involuntary Resettlement - OP 4.12)

Theprimary objective of the World Bank policy is to explore all alternatives to avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood.

According to the OP 4.12 on involuntary resettlement, DPs shall be compensated and assisted in such a way as to warrant the improvement or at least the maintenance of pre-project living standard condition.

Measures required to ensure that resettlement has a positive outcome include :

promulgated by the provincial People's Committee andlor Cities directly under the Central Government.

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(a) consulting with potential project-affected people on feasible measures for re- settlement and rehabilitation;

(b) providing DPs with options for resettlement and rehabilitation;

(c) enabling their participation in planning and selecting these options;

(d) providing compensation at full replacement cost for losses;

(e) choosing relocation sites that at least guarantee the same benefits and services as the sites they replace;

(f) providing allowances, training and income support to assist in making a smooth transition;

(g) identifying vulnerable groups and providing special assistance to these groups, and

(h) establishing an institutional and organizational structure that supports this process to a successful end.

The Eligibility Criteria and Compensation defines that the DPs eligible for compensation include:

(a) those who have formal legal rights to land or other assets;

(b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the pos- session of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and

(c) those who have no recognizable legal right or claim to the land they are occu- pying - if they occupy the project area prior to the cut-ofSdate defined in the RP.

DPs whose houses are in part or in total affected (temporarily or permanently) by the project and whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project are provided compensation for the land they lose, and other assistance as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-ofSdate defined in this RP.

DPs whose business are affected in part or in total (temporarily or permanently) by the project are provided resettlement assistance and other supports as necessary to achieve the objectives set out in this policy, if they occupy the project area prior to the cut-ofJ date defined in this RP.

Persons who encroach on the areas after the cut-ofdate defined in this RP are not en- titled to compensation or any other form of resettlement assistance.

The methodology to be used in the valuation of losses for this project is based on their replacement cost.

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With regard to land and structures, "Replacement Cost" is defined as follows:

(a) For ag-icultural land : it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes.

(b) For land in urban areas : it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes.

(c) For houses and other structures : it is provided by the Provincial People's Committee based on the market cost (at the time of compensation) of the mate- rials to build a replacement structure with an area and quality similar to or bet- ter than those of the affected structure, or to repair a partially affected struc- ture, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset.

(d) Crops. trees and other perennials based on current market value

i. Compensation for annual crops is equivalent to the average production over the last three years multiplied by the market price for agricultural products at the time of the calculation of the compensation.

ii. Compensation for trees includes total investment cost plus production cost from the time of its planting to the expropriation. In case this cost cannot be determined, the compensation will be calculated on the basis of the type, age and productive value.

(e) Other assets (i.e., income, cultural, aesthetic) based on replacement cost or cost of mitigating measures. For example, compensation for the removal of graves includes all expenditures for exhumation, movement and reconstruction to its original state.

In this subproject, losses comprise land and trees and crops only. Replacement cost for land includes the value of land at market price plus the cost of taxes and fees to get LURC .

It is noted that there are no houses or other structures permanently or temporarily affected in this project.

2.2.3 Compatibilities of GOV and WB Approaches

With the promulgation of

- the new 2003 Land Law,

.-

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- GOV Decree No. 188/2004/ND-CP dt. November 16, 2004 on metho- dology for price verification and price framework of various types and categries of land,

- MOF Circular No. 114/2004/TT-BTC dt. November 26, 2004 guiding the implementation of Decree No. 188/2004/ND-CP,

- GOV Decree No. 197/2004/ND-CP dt. December 03, 2004 on the com- pensation, assistance and resettlement in case of land acquisition by the State,

- MOF Circular No. 116/2004/TT-BTC dt. December 07,2004 guiding the implementation of Decree No. 197/2004/ND-CP,

- GOV Decree No. 17/2006/ND-CP dt. January 27,2006 on amendment of certain provisions of certain decrees guiding implementation of the Land Law, and

- GOV Decree No.84/2007/ND-CP dt. May 25, 2007 on provision of issueing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement and grievance redress when land acquired by the State.

there are many ways in which the approaches of the GOV - either in policy or practice - are compatible with WB guidelines. The most important compatibi- lities are :

Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses.

Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two.

Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living.

Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate com- pensation, and can appeal.

• On the issue of land tenure and the legal right to compensation, the Govern- ment and World Bank approaches are compatible. The government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from Oc- tober 15, 1993. (Clause 49, 50 of Art.42 of the 2003 Land Law).

Compensation at replacement cost is ensured in Art.6 of Decree 197/2004/ND- CP dt. Dec. 03, 2004 that '... people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for

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compensation, cash compensation equal to land use rights value at the time of land acquisitioin shall be applied. If there is any differences in value, in case of compensation by new land or house, such differences shall be settled in cash' and, Art. 19 of the same Decree that '.. . houses and structures of domes- tic use of the household or individual shall be compensated with the value of construction of new house, structures of similar technical standard.. . '.

The compensation at replacement cost is also again ensured in Item 2 of Ar- ticle 4 of Decree No. 17/2006/ND-CP dt. Jan. 27, 2006 states that :' ... in case at the time issuance of decision for land acquisition and the land prices* are not relfecting the actual market value (in normal condition) of land use tranfer, the provincial People's Committee or City directly under the Central Government will decide the appropriate land prices'.

2.2.4 Required Waivers

GOV Decree 13 1 Am-CP dt. 1Vov. 09,2006 (Item 2.5 of Art. 2) stipulates that "in case of international agreements on ODA signed between GOV and sponsor country stipulate other contents, such international agreements should be stipulated".

Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and pro- vincial governments that allow the granting of waivers of domestic law on specific projects that may be in conflict with that ofthe finding agency.

In order to carry out the RP in accordance to World Bank OP 4.12 on Involuntary Re- settlement, a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to compensation and rehabilitation to households without proper land papers, will be waived i.e. :

Eligibility to Compensation and/or Assistance

Decree 197/2004/ND-CP dt. Dec. 03, 2004

Article 7

This article (cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated the plan, or who violates the protecting corridor work, or who illegally occupies land shall not receive compensation when the state re- covers the land. In case of necessity, the Provincial People's Committee shall consider and decide on a case-by-case basis.

Article 18, 19 and 20 :

Houses and structures on non-eligible-for-compensation land, which have not

promulgated by the provincial People's Committee or Cities directly under the Central Government.

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violated announced land use plans or the right of way will be assisted at 80% of replacement cost.

Houses and structures on non-eligible-for-compensation land, which have vio- lated announced land use plans or the right of way will not be assisted. If ne- cessary, the PPC will consider on the case by case basis.

Article 28 and 29 :

DPs losing more than 30% of productive land will be entitled to living stabili- zation and trainingljob creation assistance.

To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 9, 18, 19, 20, 28, 29 of Decree 197 is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy.

Land price for Compensation Calculation

According to the Vietnamese regulation, calculation the unit price for land compen- sation will be based on GOV Decrees 197/2004/ND-CP and 188/2004/ND-CP along with their Guidance (Circular No. 1 14/2004/TT-BTC and No. 1 16/20041'TT-BTC respectively).

Decree 197/2004/ND-CP dt. Dec. 03, 2004

Article 7

This article states that the Ministry of Finance is responsible for the establishment of a number or overall new land price framework to submit to the Government for adjust- ment when prevailing price of transfer of land use rights in the market in respect of a number or all typesfcategories of land listed in the land price framework continuously fluctuated (more than 60 days in many provinces, cities) that causes large differences in land prices (increasing from 2 30% compare to the max. price and decreasing from 2 30% compare to min. prices attached to this Decree).

Article 9

This article states that land price for the compensation calculation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the pro- vincial People's Committee in line with the Government regulation (within the GOV's range of minimum and maximum prices).

Decree 188/2004/ND-CP dt. Nov. 16, 2004

This Decree promulgates the methodologies to define land price and, at the same time, set forth the land price framework (min. and max. unit price for various types of land) throughout the country.

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Article 2

This article states that the land price shall be defined by the provincial People's Com- mittees or cities directly under the central government.

To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by the Project provincial People's Committee or city directly under the central government will be adjusted to meet the replacement costs.

The compensation unit prices established by the provincial/district CRCs, provincial DOFs, DOCS and approved by the provincial People's Committee may be adjusted to meet the replacement costs, by the time of compensation, to ensure the objectives of the RP policy are met.

Assistance policy for DPs who rent houses from the government

Decree 197/2004/ND-CP dl. Dec. 03, 2004

Article 21

This article states that DPs who rent government houses and has to be relocated by self-relocation shall be assisted in cash at a rate equal to 60% of the cost of the cur- rently rented house and 60% of the cost of the land value, in cases of no resettlement houses to be arranged for them.

Assistance policy for rehabilitation

Decree 197/2004/ND-CP dl. Dec. 03, 2004

Article 28

This article states that DPs who directly do the agricultural production having agricul- tural land being acquired more than 30% shall received rehabilitation assistance (cash value of 30 kg of average rice in the location per head) for 3 months (if relocation is not required), 6 months (if relocation is required) and 12 months (if moving to the areas of specially difficult socio-economic conditions).

GOV Commitments

To ensure that the objectives of the policy are met, GOV in approvingladopting (prior to the project appraisal) the policies and objectives set forth in this Policy Framework will grant the waivers to the above mentioned Articles 7, 9, 18, 19, 20, 21,28 and 29 of Decrees 197/2004/ND-CP and Article 2 of Decree 188/2004/ND-CP, and any other laws or regulations which contradict this Project Resettlement Policy.

The Item 2.5, Article 2 of GOV Decree 13 1/2006/ND-CP dt. Nov. 09, 2006 on guid- ing the ODA management stipulates that "in the case of the international agreements on ODA have been signed between GOV and Sponsor stipulates other contents, the in- ternational agreements will prevail."

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2.3 Definition of Eligibility and Limitation to Eligibility

DPs are all individuals, firms or institution with or without land registration papers who owned, rented, or used land, properties and business, which are affected by the project.

All DPs will be entitled to fill compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected items before the cut-ofdate. The same applies to DPs whose incomes are affected by the project.

The cut-of date has beenJixed during the socio-economic surveys and inventory, the 3 1 of August of 2007. The cut-of date has been declared oficially by the competent local authorities in the veryf2rst community meetings in each project related commune.

Encroachers who settled into the proposed affected area after the cut-ofdate will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the project. In case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction. The cut-ofdate and the provision of 'no compensation for encroachers' have been clearly declared in the community meetings and printed in the pamphlets.

2.4 Resettlement and Compensation Principles

The principles outlined in the World Bank's Operational Policies 4.12 have been adopted in the Policy Framework for this RP. In this regard the following principles and objectives would be applied:

(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.

(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of distribution line (DL), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the base- line surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP-from entitlement to such rehabilitation measures.

<

(c) The rehabilitation measures to be provided are :

(i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures;

(ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice;

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(iii) replacement of residentiallpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and

(iv) transfer and subsistence allowances.

(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of works in the res- pective Project site.

(f) Plans for acquisition of land and other assets and provision of rehabilitation mea- sures will be carried out in consultation with the DP's, to ensure minimal distur- bance. Entitlements will be provided by DP's prior to expected start-up of works at the respective project site.

(g) The previous level of community services and resources will be maintained or improved.

(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.

(i) Institutional arrangements will ensure effective and timely design, planning, con- sultation and implementation of RPs.

(j) Effective and timely supervision, monitoring and evaluation of the implementa- tion of RPs will be carried out.

2.5 Eligibility to Compensation Entitlement

The DPsY (or project-affected people) eligible for compensation will include :

(a) those who have formal legal rights to land or other assets;

(b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws, upon the possession of docu- ments such as land tax receipts and residence certificates, or upon the permis- sion of local authorities to occupy or use the project affected plots; and

(c) those who have no recognizable legal right or claim to the land they are occu- pying - if they occupy the project area prior to the cut-ofdate defined in the RP.

The DPs are identified by the baseline information collected for RP :

(a) persons whose houses are in part or in total affected (temporarily or permanently) by the project;

- -

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(b) persons whose residential and premise and/or agricultural land is in part or in to- tal affected (permanently or temporarily) by the project;

(c) persons whose crops (annual) and trees (perennial) are affected in part or in total by the project;

(d) persons whose businesses are affected in part or in total (temporarily or perma- nently) by the project;

(e) persons whose rented houses (for residential purpose) are affected in part or in total (temporarily or permanently) by the project; and

(9 public works (i.e. schools, water resources, water supply and drainage systems, roads, bridges etc.) affected by the project*.

2.6 Compensation Policy

Compensation for crops will be provided at market price. Compensation for land, houses, buildings, trees and other assets will be provided at the replacement cost.

Compensation for land losses :

Compensation for productive land losses (less than 10% of total land DPsY holdings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash.

Compensation for productive land losses 210% of total DPs' land holdings will be provided in terms of land for land at the equivalent area and quality of land acquired by the project or in cash at replacement cost according to DPsY op- tions.

Compensation for land, houses, buildings and trees will be provided in cash at the re- placement costs.

Compensation for crops will be given in cash at the current market rates calculated on the productive average of the last three years.

Compensation prices defined in this RP are tariffs established by the Ba Ria - Vung Tau DOF based on the Decrees 197/2004/ND-CP and 188/2004/ND-CP and promul- gated by the Ba Ria - Vung Tau provincial People's Committee - (Decision No. 4630/2006/QD-UBND dt. December 20, 2006 for land prices and Decision No. 636/2006/QD-Ul3ND dt. March 01, 2006 along with Decision No. 2254fUBND-VP dt. April 25, 2006 for trees and crops).

Since the time from RP preparation (during 2007) to the time of RP implementation may be long (expected during 2009), at the implementation time, such prices may not

It is noted that in this subproject, there is not any houses/structures, residential land, business, rented houses or public works affected bv the project.

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correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RP implementation and adjusted if necessary. The Detailed Measurement Survey (DMS) and inventory will also be carried out by the district CRC at the very beginning of project implementation. The evaluation of unit prices at the implementation time will be done by independent monitoring agency and provincial DOF. This activity will later be required in TOR for Independent Moni- toring.

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3. Entitlement Policy

3.1 Impact Categories

By the nature of the project impacts as described above and based on the survey of the DPs, the impacted categories could be classified as below :

3.1.1 Temporary Impact

All DPs who have productive land, crops, trees or structures in ROW of D L , sur- rounding areas of tower foundations, in the temporary service roads, which are tem- porarily affected only during the construction period.

Category I DP who has trees, crops, which are damaged by the project during the construction period due to construction of temporary access roads or conductor stringing.

Category 2 DP who has residential, garden, productive lands which are temporarily acquired during the project construction period.

3.1.2 Permanent Impact

All DPs who owned lands and properties on it, which will be permanently acquired for the tower foundations, the substation areas, the permanent access roads for construc- tion and maintenance of the project. All DPs who have houses, other structures, or high trees in ROW, which need to be removed, demolished or cut.

Category 3 DP who has houses/structures, which are partially damaged or cut, and the damaged portion will not affect to the safety or using purpose of the entire house or structure (the dismantled areas are 110% of total areas), and the lost house/structure portion could be rebuilt in adjacent areas already owned by the DP. Impact on cleared residential land in ROW could be temporary as it could be reused for restricted purposes.

Category 4 DP who has houses/structures, which are partially or totally damaged, and the damaged portion will affects to the safety or using purpose of the entire house or structure (the dismantled areas are more than 10% of total areas or even less than 10% of total area, but the remaining area can not be used or inconvenient for using), so the house need to be

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totally removed and rebuild in remaining adjacent areas already owned by the DPs. Impact on cleared residential areas will be temporary as it can be reused for restricted purposes.

Category 5 DPs who have houses/structures, which are partially or totally damaged and the damaged portion will affects to the safety or using purpose of the entire house or structure, so the house/structure need to be totally removed and rebuild. But DP does not have sufficient spare residential land for the reconstruction of a house of equal dimensions as the house lost. The threshold of sufficient residential land is at 100 m2 for rural areas and 60m2 for urban areas.

Category 6 DPs who have residential land, productive land which will be acquired permanently for the project, including for permanent roads construction for maintenance of the project.

(a) acquired productive land areas is more than 10% of total pro- ductive land DPs' holdings.

(b) acquired productive land areas is less than 10% of total pro- ductive land DPs' holdings.

(c) the remaining residential-garden land areas is less than 100 m2 (in rural areas) and 60m2 (in urban areas).

(d) the remaining residential-garden land areas is equal or more than 100 m2 (in rural areas) and 60m2 (in urban areas).

Cateaoy 7 DP impacted permanently or temporarily on business or other services.

Categov 8 Tenants who have rented a house for residential purposes

3.2 Entitlement

3.2.1 Eligibility and Limitation to Eligibility

DPs are all individuals, firms or institution with or without land registration papers who owned, rented, or used land, properties and business, which are affected by the project.

All DPs will be entitled to full compensation for their respective losses as long as they are included in the RP inventory list or can prove that they owned the affected items before the cut-ofSdate. The same applies to DPs whose incomes are affected by the project.

After the agreement on T L routes (to be constructed) and T L lines (to be refurbished) is obtained, the Consultant has carried out the socio-economic survey and inventory of project affected assets traversing such agreed T L routesllines. The cut-ofSdate has been3xed during the socio-economic surveys and inventory, the 3 ld of August of

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2007. The cut-offdate has been declared oflcially by the competent local authorities in the veryf2rst communiq meetings in each project related commune.

Encroachers who settled into the proposed affected area after the cut-offdate will have no entitlement to compensation and resettlement. They will be required to demolish their structure and cut the trees or harvest their crops for land clearance to the project. In case necessary, they will be forced to be removed out the proposed project area. Nevertheless, they do not have to pay any fine or sanction.

The cut-off date and the provision of 'no compensation for encroachers' have been clearly declared in the community meetings and printed in the pamphlets.

Eligibility to Compensation Entitlement

The DPs' (or project-affected people) eligible for compensation will include :

(a) those who have formal legal rights to land or other assets;

(b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws, upon the possession of docu- ments such as land tax receipts and residence certificates, or upon the permis- sion of local authorities to occupy or use the project affected plots; and

(c) those who have no recognizable legal right or claim to the land they are occu- pying - if they occupy the project area prior to the cut-offdate defined in the RP.

The DPs are identified by the baseline information collected for RP :

(a) persons whose houses are in part or in total affected (temporarily or perma- nently) by the project;

(b) persons whose residential and premise andlor agricultural land is in part or in total affected (permanently or temporarily) by the project;

(c) persons wh<jse crops (annual and perennial) and trees are affected in part or in total by the Project;

(d) persons whose businesses are affected in part or in total (temporarily or per- manently) by the project;

(e) persons whose rented houses (for residential purpose) are affected in part or in total (temporarily or permanently) by the project.

(0 persons who owned or managed the public works (i.e. schools, roads, bridges, water resources, water supply and drainage systems etc.) affected in part or in totai (temporarily or permanently) by the project.*

It is noted that in this szbproject, there is not any houses/structures, residential land, business, rented houses or public works affected by the project.

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3.2.3 Resettlement and Compensation Principles

The principles outlined in the World Bank's Operational Policies 4.12 have been adopted in the Policy Framework for this RP. In this regard the following principles and objectives would be applied :

(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.

(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TL) or distribution line (DL), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabili- tation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP-from entitlement to such rehabilitation measures.

(c) The rehabilitation measures to be provided are :

(i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures;

(ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice;

(iii) replacement of residentiallpremise land of equal size acceptable to the DPs or in cash at replacement cost according to DP's choice; and

(iv) tran:ifr.r and subsistence allowances.

(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DPs prior to the expected start-up date of works in the res- pective Project site.

( f ) Plans for acquisition of land and other assets and provision of rehabilitation mea- sures will be carried out in consultation with the DPs to ensure minimal distur- bance. Entitlements will be provided to DPs prior to expected start-up of works at the respective project site.

(g) The previous level of community services and resources will be maintained or improved.

(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.

(i) Institutional arrangements will ensure effective and timely design, planning, con- sultation and implementation of RPs.

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('j) Effective and timely supervision, monitoring and evaluation of the implement- tation of RP will be carried out.

3.2.4 Compensation Policy

Compensation for crops will be provided at market price. Compensation for land, houses, buildings, perennial trees and other assets will be provided at the replacement cost.

Compensation for land losses :

Compensation for productive land losses (less than 10% of total land DPs' hol- dings) will be provided at the replacement cost for the equivalent area and all other losses will be provided in cash.

. Compensation for productive land losses L 10% of total DPs' land holdings will be provided in terms of land for land at the equivalent area and quality of land acquired by the project or in cash at replacement cost according to DPs' options.

Compensation for land, houses, buildings and perennial trees will be provided in cash at the replacement costs.

Compensation for crops will be given in cash at the current market rates calculated on the productive average of the last three years (according to the Circular 116/2004/TT- BTC of MOF).

Compensation prices defined in this RP are tariffs established by the Ba Ria - Vung Tau provincial CRC and DOF and approved by the provincial People's Committee based on the decree 197/2004/ND-CP and the MOF Circular 116/2004/TT-BTC.

Since the time from RP preparation to time of the project implementation may be lonb, at the implementation time, such prices may not correspond to market or replacement rates. Therefore, all applied prices will be checked again at the beginning of RP imple- mentation and adjusted if necessary. The Detailed Measurement Survey @MS) and inventory will also be carried out by CRCs at the very beginning of project imple- mentation. 'The evaluation of unit prices at the implementation time will be done by independent monitoring agency, provincial DOF. This activity will later be required in TOR for Independent Monitoring.

3.2.5 Compensation Entitlement by Categories

Category

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Entitlemerit

1 Cash compensation for affected perennial trees at replacement cost plus cost for cutting trees, crops at market price.

No compensation for land.

Reinstate land after the project construction.

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I No compensation for land.

2

Reinstate land after the project construction.

Cash compensation for affected trees at replacement cost plus cost for cutting trees, crops at market price.

No compensation for land.

No deduction for depreciation and salvage materials.

3

Cash compensation reflecting full replacement cost of the house1 structures.

Cash compensation reflecting full replacement cost of lost land area.

The damaged houselstructure will be compensated in cash at full replacement cost.

No deduction for depreciation and salvage materials.

DP can opt for :

(i) 'land for land' : the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the DP or cash compensation reflecting full replacement cost according to DP's choice or

(ii) cash co~npensation reflecting full replacement cost of the house1 structures

No deduction for depreciation and salvage materials.

6 DP losing productive land

Land loss -: 10% of their total landholdings Cash compensation for the lost area if the remaining plot is still economically viable.

Cash compensation for the whole impacted plot if the remaining plot is not economically viable.

1 Cash compensation for properties associated with land

I Land loss 2 10% of their total landholdings

DP can opt lor the followings:

(i) "Land for land with the same area and productive of impacted area if

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the remaining plots are still economic-viable and for the whole impacted plots if the remaining plots are not economic-viable.

(ii) Cash for land at the replacement cost.

I Compensation for affected perennial trees at the replacement cost.

Rehabilitation assistance.

DP losing Residential and garden land

If remaining land is sufficient for reorganizing (more than 60 m2 in the urban area and 100 m2 in the rural area) : Cash compensation for lost area and assets associated with land.

If remaining land is not sufficient for reorganizing DP can opt for :

I (i) cash compensation at replacement cost for land and assets on land, or

(ii) "land for land" compensation for the whole residential area which DP occupied (not only for the impacted areas) and properties associated with occupied land. For affected house and building, the same entitlement to DP of categories 3 or 4 or 5.

Temporary impact

Compensation for income lost during the affected period

Permanent impact

Provision of alternative business site of equal size and accessibility to customers and satisfactory to DP.

Cash compensation for lost business structure reflecting full replacement cost of the structures without depreciation.

Cash compensation for the lost of income during the transition period.

3.2.6 Allowances and Assistances

8

Apart from the direct compensation for the losses, DPs are entitled to additional assis- tance (subsidies/allowances) as stipulated in the GOV Decree No. 197/2004/ND-CP.

Cash grant of six months rental fee at the prevailing market rate in the area.

Assisting in identifying alternative accommodation.

Transport allowance Art. 27 of Decree 197/2004/ND-CP : all relocating DPs are entitled in one time :

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• DPs relocating within the provincelcity max. 3,000,000 VND

(per household)

• DPs relocating out of the province

a Relocated DPs (while waiting for the establishment of new resettlement residences at resettlement sites)

max. 5,000,000 VND (per household)

- to be provided with temporary residence,

or - to be provided with

temporary rent cost. Relocation subsidv

Art. 28 of Decree 197,/2004/ND-CP : all relocating DPS* are entitled in one time :

a DPs relocating within the province Cash (equivalent to 30 kg of rice per month x 3 months) per family member.

a DPs relocating out of the province Cash (equivalent to 30 kg of rice per month x 6 months) per family member.

a DPs who are in severe socio-economic Cash (equivalent to 30 kg of rice difficulties or who relocating to areas of rice per month x 12 months) per socio-economic difficulties family member.

Restoration allowance

Art. 29 of Decree 197/2004hVD-CP :

DPs who have more than lo%** of productive 3,000,000 WID*** land or incomes permanently affected are (per household) entitled to trainings

and

* Art. 28 ofDecree 197/2004/ND-CP defines that tlus subsidy is applicable to DPs who lost more than 30% of their agricultural land only. However, in line with this RP Policy Framework, tlus kind of subsidy is applicable to all DPs who required to be relocated.

** Art. 29 of Decree 197/2004LVD-CP defines that DPs who lost more than 30% of their agricultural land will be assisted for changes of occupations (level of assistance will be decided by the provincial People's Com- mittee). However, in line with the RP Policy Framework for RD subprojects, the restoration allowance remains in conformation with the on-going rural energy subprojects throughout Vietnam

*** The amount of 700,000 VNDImain labor is delivered directly to training or TA institutionslconsultants and 800,000 VND for trainee as a subsidy allowance in the training time (total is 1,500,000 VND per trainee). For the sake of cost estimates, each household is estimated at having 2 main labors.

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Other restoration allowance to be decided by the provincial People's Committee with finan- cial resource from the person who is going to use the acquired land.

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4. Resettlement Sites

4.1 Mitigation Measures

Thanks to mitigation measures undertaken right from the initial design stage through public consultation, close cooperation with various local authorities and related of- fices, the project impacts are almost marginal.

There are no DPs with their fixed assets being acquired more than 10% of their total holding, therefore, no DPs required to be relocated and the development of resettle- ment site is not required.

All individuals, households or institutions (DPs) who are impacted temporarily or permanently by the project are owners of land and properties, land and house renters in ROW of D L , in proposed areas for tower foundation and temporary service roads.

4.2 Measures to Minimize Land Acquisition and Losses

4.2.1 Consultation and Participation

During the project preparation, the Consultant has conducted detailed survey on the project impacts. The survey teams have also conducted discussions and consultations with local authorities and local people on possible impacts caused by the project, par- ticularly the alignment of D L routes etc. so as the selected line route and DSS loca- tions are the least impact option.

The proposed layouts of D L routes are also displayed and discussed again in the RP community meetings.

The draft layout of routes have been communicated by PC2 to the relevant bodies i.e. provincial, district and commune People's Committees, Dept. of Natural Resources and Environment, provincial, district and commune cadastral services etc. for com- ments and public display. The valuable feedback of local authorities and DPs were taken into account for design.

4.2.2 Impact Limitation Measures in Design Stage

Distribution Sub-stations

The pole mounted DSSs are aerially installed on the D L support poles at the average height of 7m and it also means most of such stations share the support pole founda- tions with the D L .

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Route Selection

The project impacts mitigation measures have been scrutinized during the design stage, particularly for the route selection. Appropriate route would reduce the project cost and adverse impacts on the local communities and environment.

The following principles were followed :

The routs selected is shortest possible with DSS locations of optimal services. Such routes are close to public roads to avoid land acquisition for access roads and minimize cost during construction, operation and maintenance.

The D L should avoid traversing or running close to the important projects (i.e. gasoline, explosive storages, radio stations), sensitive locations (i.e. historic and cultural assets) protected forests and areas with high trees. Slope sides and turnings are also avoided to reduce leveling and angle towers.

During the mapping of the routes, PC2 and its Consultant have thoroughly studied different alternatives on map and at sites to select the optimal ones.

To avoid impacts, certain changes in direction of the routes and the large turning angles of the routes are applied i.e. the turning direction angles in certain cases up to 20'-40°, even in the case necessary, such angle may reach around 90". With this solu- tion, the routes have to pass through the road in several places to avoid impacts to the houses/structures.

Notes Since the subproject is purely construction, refbrbishment and upgrading of 22kV D L s and installation of substations on the poles, there exist certain advantages i.e. almost all the existing as well as the newly built D L s are running along the road edges. This fact has significantly minimized the land acquisition, compensation and resettlement as well as land acquisition for temporary access roads during construction period.

Technical Solutions

The applicable average tower distance is around 70-80m, however, in specific topo- graphic conditions or avoiding structures, tower distance would be shortened to 40- 50m. Tower sites shall be located on vacant public land or empty land where possible.

Application of different dimensions for tower foundation to be suitable to their fbnc- tions and the selected locations. Area of foundation size will vary from 4 m2 to 6 m2.

Canals and existing public roads are used for temporary serviceltransport and no tem- porary service roads are required to be built.

4.2.3 Impact Mitigation Measures in Construction Stage

During the detail technical design, PC2 and its Consultant would reinvestigated the routes and made certain modification, if necessary, for optimal results.

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Suitable measures and optimum arrangements for the project construction are consi- dered i.e. (i) PMB would arranged various bidding packages for certain project components in various localities and, (ii) construction would be carried out right after the harvest of crops and terminated before the next sowings. To achieve such target, apt workforces with working shifts would be scheduled to shorten the temporarily affected period.

The construction camps for workers in the construction period shall be located on the bare or public lands nearby the headquarters of communes. The camps shall not to be built in populated areas.

4.3 Result of Mitigation Measures

Impact on HousesIStructures

Impact on Land

Total affected houseslstructures Nil

Area (m2)

............ .. - .............. -. . - ............................ .- ........ -. .. ......................................... .- ........ - ......................... -. ..... ................................................................ .- ....................................................................

Partial affected houseslstructures Nil

% of total land holding -

Other Impacts

Affected business Nil Impact on natural preserving zones, sensitive areas Nil ................................................................................................................................................ -. ................... .............. - ........ - .......................................................................................................................................................................................... I m ~ a c t on tenants who leased house for residential ~ u r ~ o s e Nil

DPs - Household 1 Person

Total DPs with more than 10% of productive land affected Total DPs with more than 10% of residential land affected

From the results shown above, it is safe to state that the entire displacedpopulation is minor since the affected people are not physically displaced and less than 10% of their productive assets are lost.

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DPs opted for cash compensation for their certain impacted assets at the replacement costs.

There are many DPs who would be marginally affected on garden, agricultural land and other assets volunteer to contribute their affected trees, crops, fences etc. of insig- nificant values for the project construction.

Thanks to mitigation measures through public consultation from the initial stage and '

.

design stage of the project, the socio-economic surveys show that there are no DPs whose fixed assets being acquired more than 10% of their total holding and not re- quired to be relocated; therefore, development of resettlement site is not required.

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5. People's Participation

5.1 Community Meetings

During the project preparation (along with RP preparation), PMB and its Consultant have held many community meetings at the commune level in the project areas with the participation of DPs and representatives of Commune People's Committees, other government offices and commune NGOs (Women Unions, Youth Unions, Farmers Associations, Fatherland Fronts, War Veteran etc.) where the project related issues i.e project investment financial resources, project objectives, project components etc. are explained by PMB representatives.

The proposed layouts of D L routes are also displayed in the meetings along with dis- cussions and consultation with the local authorities and local people on possible im- pacts caused by the project, DSS location selection, alignment of routes etc. so as the proposed selected line route and DSSs are the least impact option.

In the community meetings, DPsY queries on RP related issues i.e. entitlements, com- pensation etc. are explained by PMB representatives and DPsY opinions, including voluntary donation of their marginal impacts on trees (i.e. bananas, papayas), crops (i.e. beans, groundnut, sugar cane), bamboo fences etc. of insignificant values were recorded.

The prevailing opinion of DPs in the project areas :

. The extension of the power supply networks are welcomed by all DPs, particu- larly people who have not yet enjoy the power supply and who are having the power supply but with too low service quality.

DPs would like to project to minimize its impacts on their assets, particularly residential land and cultivation land.

In case the impacts are unavoidable, DPs would like to be compensated at replacement cost for their assets losses and market price for their temporarily affected crops.

DPs would like to be informed of the actual project implementation time- schedule well in advance so as to prepare themselves for the ground clearance.

Such Minutes of Community Meetings bear the signatures of the representatives of district CRC, commune People's Committees, PMB and DPs.

(Pls. see Appendix 5 for samples ofMinutes of Communi~ Meetings)

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5.2 Socio-economic Surveys

The Consultant (in cooperation with PPP) has carried out the socio-economic surveys by direct interviews and fill-in the 'Questionnaires' covering 100% of DPs in the pro- ject areas. (Pls. see Appendix 6 for samples of 'Questionnaires ').

The survey teams have also distributed the Pamphlets of Q & A on RP related issues and illustrations with measurements of ROW and electricity related accidents. (Pls. see Appendix 7 for Sample ofpamphlet).

The drafts of RP Entitlement Matrix have been copied and communicated by PC2 to the relevant bodies i.e. Ba Ria - Vung Tau PPC, provincial and related district CRCs, related communes People's Committees (also for display at the offices ofthe communes People's Committees), Chiefs of district and commune NGOs (Women Unions, Youth Unions, Farmers' Associations, Fatherland Fronts, War Veterans etc.), Chiefs of related Villages and DPs7 representatives.

Objectives of Information Campaign and Consultation Program

Information dissemination to, consultation with and participation of the project affected people and involved agencies to :

(i) reduce the potential for conflicts,

(ii) minimize the risk of project delays, and

(iii) enable the project to design the resettlement and rehabilitation program as a comprehensive development program to fit the needs and priorities of the affected people, thereby maximizing the economic and social benefits of the project investment.

The objectives of the Public Information Campaign and DP Consultation Program are as follows :

. To ensure that local authorities as well as representatives of DPs will be in- cluded in the planning and decision-making processes. The PMB and DO1 will work closely with the provincial and district People's Committees and the re- lated line departments and agencies during project implementation. DPs' in- volvement in the RP implementation will be continued thereafter by requesting each district to invite DPs' representatives to be members of the CRCs and take part in the resettlement activities (property evaluation, compensation, re- settlement and monitoring).

To share full information on the proposed project areas, its components and its activities with the affected people.

To obtain information about the needs and priorities of the effected people as well as information about their reactionslfeedback to proposed policies and activities.

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. To obtain the cooperation and participation of the affected people and commu- nities required to be undertaken for resettlement planning and implementation.

a To ensure transparency in all activities related to land acquisition, resettlement and rehabilitation.

There are two phases of the public information campaign and DP consultation:

5.4 Phase 1 - Information Campaign, DPs and Agency Consultation During Resettlement Planning and RP Preparation

This phase - RPplanning andpreparation - consisted of line route selection, census and inventory of affected people, affected assets, and identification of strategies for compensating, rehabilitating and relocating. Survey teams had asked local authorities and DPs for their comments on the route alignments, potential of adverse impact, their reference on unit cost for house construction and unit cost of land. Commune local authorities had also been consulted for land availability in the case public land would be used for land compensation.

Draft of RP's Entitlement Matrix have been sent by PC2 to the project related district People's Committees, district Compensation and Resettlement Councils, commune People's Committees, commune Women Unions, Youth Unions, Fatherland Fronts, Farmers Associations.

Draft of RP have been sent by PC2 to the Ba Ria - Vung Tau provincial People's Committee and provincial Compensation and Resettlement Council for review and comments.

PC2 has requested PPC and other related local authorities to carefblly review the re- quirements on waivers, eligibility to compensation, proposed entitlement policy, RP cost, taskforces, mechanism for complaint and applied unit costs in draft RP. PPC's opinion and their comments will be sent to EVN.

The draft of RP has also been disclosed at the VDIC of the World Bank office in Viet- nam.

All feedback from local authorities and DPs are integrated in this RP

During this phase, the following activities were carried out sequentially :

Activitv 1 Information and discussion with related local authorities on the line routes

After studying maps and visiting the sites, the Consultant had envisaged a preliminary route on 1150,000 scale map. Such map of all locations passed by the line was sent to relevant local authorities. The local authorities have agreed on the project line routes. These activities took place during July, 2007.

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Activity 2 Impact survey and statistics

Based on the agreed line routes, survey teams had realized the routes at sites coor- dinated with the commune officials to make a list of DPs affected on land, houses and crops. The socio-economic survey forms were delivered to 100 % of affected house- holds. These activities took place during July - August, 2007.

Activity 3 Meetings with DPs ' representatives

When the survey finished, Consultant in coordination with the commune officials held meetings with DPs having land and other assets in ROWS and with hamlet represent- tatives. In these meetings, the Consultant officially informed the participants of the project purposes; presented the project impacts on land and crops in detail; introduce on the objective of RP, the principles and policies of compensation and required people not to build new structures in the affected areas. DPs were consulted on the entitlement and compensation policy. DPs had also been asked for their options for compensation modes, most of them preferred cash for land and other assets. They have requested that compensation must be at replacement cost and full compensation have to be paid before land clearance. They also requested to be clearly informed about the project implementation schedule. These activities took place during July - August, 2007.

Photo : A DP in Hamlet 4, Lung Lon commune of Chau Duc district raised his question at the community meeting.

-

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Activity 4 Meetings with the Ba Ria - Vung Tau provincial/district People 's Committees

ARer the first survey of stage 1, the Consultant had worked with relevant agencies of the project-involved provincial and district People's Committees, explained the project purposes clearly to PPC and district People's Committees; at the same time, discussed with the local officials on the aims and principles of ground clearance, on the proposed policies of RP, legal and illegal issue, gaps between 197/2004/ND-CP of GOV and OP 4.12 of WB, complaint mechanism. Consultant also collected the local applicable compensation rates for land, structures and trees, crops.

The above activities were carried out by Consultant' survey teams during July - August, 2007. A meeting between PC2, Consultant and Ba Ria - Vung Tau provincial and project related district People's Committees was held. Relating issues such as local load demand, project financial sources including cost for compensation etc. were discussed. The Consultant' representatives had presented the baseline data and policies of RP to these People's Committees and obtained their comments/suggestions.

Activity 5 Sending draft RP and entitlement policy to provincial and district People 's Com- mittees for review and disclosure

The Consultant has made copies of Entitlement Matrix and sent to all project related district and commune authorities during August, 2007.

The draR of RP has been sent by PC2 to the Ba Ria - Vung Tau provincial People's Committee and district People's Committees in August, 2007 for review and com- ments. PC2 and Consultant have requested the provincial and district People's Committees and other local authorities to carehlly review for the requirements on waivers, eligibility to compensation, proposed entitlement policy, RP cost, taskforces, mechanism for complaint and applied unit costs in draR RP.

The drafts of RP have also been disclosed at the offices of Ba Ria - Vung Tau Provincial People's Committee and at VDIC of the World Bank office in Vietnam.

5.5 Phase 2 - Information Campaign and Consultation during Resettlement Implementation

During this phase - RP implementation - meetings will be organized in each com- mune. The implementation of resettlement and rehabilitation activities includes : implementing resettlement policies; entitlement calculation and payment of com- pensation to DPs; finalize DPs' options on relocation, compensation mode, trainings etc.

During this phase, the following activities are to be carried out sequentially :

Activity 1 Establishment of CRCs, Information dissemination and training for CRCs

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Resettlement Plan

After the signing of the loan agreement, the first resettlement activity is to establish provincial and district CRCs* by the provincial PPC. Then PC2 will provide local RCs at all levels the final RP, training their staff on RP contents and steps of RP imple- mentation. Disseminating RTB to all DPs. This activity is expected to take place in about Sept., 2008.

Please note that the project related provincial and district Compensation and Resettle- ment Committees are already existed.

Activity 2 Distribution DMS, inventory and entitlement forms to DPs

PC2, Consultant and local CRCs will carry out DMS and inventory and calculate entitlements and disseminate DMS inventory and entitlement forms to all DPs. The list of DPs, their affected assets and entitlementswill be posted at commune office.

After distribute RIB and compensation, entitlement forms to DPs, district CRCs and all commune local authorities will organize meetings in each commune to clearly infordexplain the policy of RP to DPs. In these meetings, DPs can raise their ques- tions on any resettlement issues. This activity is proposed to be carried out by around Sept. -Nov., 2008.

Activitv 3 Meeting with DPs on compensation payment After getting statistics on lost assets by the project, CRCs and commune People's Committees will organize meetings with DPs to introduce the compensation rates for different impacted assets. Table of compensation rates will be posted in the offices of commune people's committees.

At the meeting, DPs can comment on the proposed compensation rates. Disagreement on compensation rates will be noted down and collected for consideration. Recom- mendations, if any, will be sent to DPs for revision, if necessary.

Besides, DPs will be informed of times, locations and process of compensation payment for the lost assets. The meetings are envisaged by late Sept.- Nov., 2008.

DPs who agree with compensation price for their affected assets will sign on the com- pensation form. Disagreement comments will be recorded and reported to the compe- tent authorities.

Activity 4 Information to local authorities on implementation schedule

PC2 will inform commune authorities and DPs about construction schedule and proce- dures as well as schedule of RP implementation. This activity is envisaged by late Sept., 2008.

p~

The provincial and district CRCs are already existed for other on-going projects in the localities.

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Resettlement Plan

Commune authorities and district CRCs must closely coordinate to ensure that all DPs are hl ly informed about compensation and project/RP implementation schedules.

5.6 Resettlement Information Booklet (RIB)

To ensure that DPs, their representatives and local governments of the affected areas fully understand on the details of RP, RIB will be prepared by PC2, and will be dis- tributed to all DPs in the project area in the initial duration of the implementation stage.

The RIB will contain information on the followings :

Basic Features Project description

Project design objectives

Implementation schedule

Project impacts

Eligibility to compensation and rehabilitation and entitlements policy for the project affected people

Institutions are responsible for resettlement

Information dissemination to and consultation with the affected people

Grievances and appeals

Monitoring and Evaluation of RP implementation.

Specific Entitlements of DP

Description of the detailed impact of the project on the specific households

Compensation rates for each types of impact

Date of delivery of entitlements.

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6. Baseline Information

6.1 Data Gathering Activities

The census and inventory work of project impacts were carried during July - August, 2007 by the Consultant and under the assistance of the related local authorities and PPP. The inventory work includes :

Census of all DPs impacted by the project

Survey for DPs who have houses (partially or fully demolished) within the pro- posed locations.

Survey for DPs impacted on trees in the proposed project locations and outside ROW according to the regulation for the safety protection of high voltage sys- tem stipulated in Decree No. 106/2005/ND-CP dt. August 17, 2005.

Survey for impacted public infrastructures, properties, facilities and farms

Survey for permanent land acquisition area for tower foundation. Survey for temporary land acquisition area. Survey for other impacted assets.

Each survey team is organized with 2-3 members in co-ordination with local autho- rities (particularly the commune cadastral cadres) and PPP.

Each commune has 1 or 3 survey teams. The inventory forms are made for 100% DPs in ROWS.

The socio-economic survey of RPs was carried out for 100% of DPs.

The socio-economic survey of DPs is to define the characteristic of impacted commu- nity, evaluate on the population, housing status, main economic activities, living standards etc. of DPs.

6.2 Socio-economic Surveys

The socio-economic surveys aim at providing baseline data on the localities traversed by the DILs covering (1 1 hamlets + 3 groups) of (6 communes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city of Ba Ria - Vung Tau province. Survey data cover the information on the characteristics of the communities, their sources of income, revenue, socio-economic situation. The survey also aims at identifying characteristics of effected areas, assessing the development of population,

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houses, socio-economic etc. The survey data are used for establishing resettlement policy and bases for evaluating restoration of living standards.

6.3 Economy

Economy in Ba Ria - Vung Tau province, among the open-door market economy of the whole country, develops on the trend of increasing industry and services sectors.

In the project areas, the project affected population is mainly farmers (59.53%), small- scale business (9.02%), wage-earners (from both state-owned and private sectors - 8.90%), handicraft workers (4.1 I%), aquaculture/marine fishing (3.46%). The rest belong to free-lance labor (0.68%), retired (0.35%) and others (13.95%).

6.3.1 Agriculture, Aquaculture and Forestry

For more than a decade, new agricultural and rural policies have encouraged the pro- ductive force in the rural areas and urged many farmers to invest in the agricultural development. The application of new farming know-how (spread out by the agricul- tural extension services) and government investment have brought about new changes in agriculture and rural areas in Ba Ria - Vung Tau province.

Crops for food occupied a large proportion of agriculture : 21,276 ha of rice with the gross out-put of 70,423 tons in 2005; 18,416 ha of maize with the gross out-put of 74,335 tons in 2005; 521 ha of potato with the gross out-put of 1,646 tons in 2005; 7,743 ha of cassava with the gross out-put of 144,03 1 tons in 2005.

In 2005, the annual industrial crops are cotton (447 ha with the gross out-put of 791 tons), sugarcane (408 ha with the gross out-put of 19,009 tons), groundnut (2,021 ha with the gross out-put of 2,094 tons), bean (130 ha with the gross out-put of 116 tons).

The 2005 statistics also shows that the perennial industrial trees are coffee (7,836 ha with the gross out-put of 10,270 tons), rubber (18,796 ha with the gross out-put of 27,797 tons), pepper (7,872 ha with the gross out-put of 9,658 tons), coconut (297 ha with the gross out-put of 1,697 tons), cashew (12,669 ha with the gross out-put of 12,398 tons). The main perennial fruit trees are longan (3,782 ha with the gross out- put of 13,692 tons), mango (1,171 ha with the gross out-put of 3,789 tons).

In 2005, the aquaculture area is 7,393 ha in which fish rearing (2,218 ha with the gross out-put of 5,925 tons), shrimp (2,615 ha with the gross out-put of 3,702 tons), mixed aqua-rearing (2,18 1 ha with the gross out-put of 19,115 tons). Apart from the aqua- culture, the marine catching in 2005 is 180,796 tons of fish and 4,070 tons of shrimp.

There are around 99 1 ha of centralized forest and 13,982 ha of planted forest in Ba Ria - Vung Tau province with the annual gross-output of timber (2,215 m3), fire-wood (10,207 m3), bamboo (276,000 trees), pulp (53,538 m3).

However, this sector (agriculture and forestry) has been shrinking after every passing year due to the fast development of industry.

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6.3.2 Industry and Handicraft

Ba Ria - Vung Tau province is well-known for its fast industrial development.

The 2005 statistics shows that the investment structures in Ba Ria - Vung Tau pro- vince is (i) the state investment (7. I%), (ii) non-state investment (28.2%) and (iii) foreign investment (64.7%). The statistics also shows that industry occupied the overwhelming percentage in the structure of gross domestic product i.e. 79.4%. The principal industrial activities in Ba Ria - Vung Tau employed around 8,642 people in oil and gas and quarry mining, 34,890 people in various processing industries.

The significant production fields in Ba Ria - Vung Tau province are crude oil (1 8,139,000 tons in 2005), gas (5,6 12 million m3 in 2005), LPG (364,800 tons in 2005), condensate (128,200 tons in 2005), quarry (1,489,000 m3 in 2005), salt (54,000 tons), frozen aqua-products (52,449 tons in 2005), fish-sauce (12,000,000 liters in 2005).

There are also processing industries i.e. livestock feeds (3,015 tons in 2005), beer (2,600,000 liters in 2005), mineral water (3,500,000 liters in 2005), ready made garment (6,166,000 pieces), leather shoes & sandals (3,346,000 pairs).

The small industry and handicraft in the communes are not developed yet because of the remote areas, the limitation of capital, and the difficulty of product consuming.

Currently, main processing activities in the communes are small scale rice milling, grinding just to serve the local demand.

6.3.3 Rural Transport

Except Con Dao (island) district where one has to approach by boat or by plane/ helicopter, currently cars/trucks can reach all the 53 commune HQs in Ba Ria - Vung Tau province.

6.4 Census and Inventory

6.4.1 Population and Household Characteristics

The socio-economic survey, traversing the D/Ls in (1 1 hamlets + 3 groups) of (6 communes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city in the project areas of Ba Ria - Vung Tau province, is carried out for 100% of DPs. Features of surveyed households are as follows :

Average of family size - Man - Women .

Age groups - 1-17yrsold - 18 - 60 yrs old - Above 60 yrs old

4.1 1 persons 47.81 % 52.19 %

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. Heads of HH - Male - Female

. Education standard :

One district and one township covered by project have at least 1 secondary school and 2-3 primary schools and 3-4 elementary schools in the district towns and one commune covered by project have at 1 primary school and 2-3 elementary schools.

- High schooVTechnical secondary - Secondary (10 - 12 classes) - Primary (6 - 9 classes) - Elementary (1 - 5 classes) - Writingheading - Illiterate - Not yet attending school

. Occupation

- Agriculture 59.53 % - Small business 9.02 % - Wage earners (state-owned and private sectors) 8.90 % - HandicraR 4.11 % - Aquaculture/fishing 3.46 % - Free lanced labors 0.68 % - Retired 0.35 % - Others 13.95 %

. Average annual income 24,727,2 13 VND/HH/year or 6,009,402 VND/person/year

Ameniv

- HHs with power supply 100 % in which : HHs with power meter 98.36 % HHs without power meter (and having connection from neighbors) 1.64 %

HHs using power for domestic use 100 % domestic and business use 0 %

- HHs with water supply 60.66 % in which : HHs with water meter 100 %

- HHs without water supply 39.34 % in which : HHs using water well + rain water 100 % HHs using canal water 0 % HHs using pond water 0 % HHs using rain water 0 %

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- HHs with latrine in which : HHs with latrine inside the house HHs with latrine outside the house

- HHs without latrine

- HHs with kitchen inside the house - HHs with kitchen outside the house - HHs with telephone - HHs with TV - HHs with motor-bikes - HHs with bicycles - HHs with boats - HHs with refrigerators - HHs with washing machines - HHs with electronics (radio) - HHs with other facilities

. Average annual expenses (per HH)

Regular expenses f lH)

Foodlfoodstuff Electricity Water Clothing Health Education TraveVcommunication Taxeslfees Other facilities/services

Irregular annual expenses (HH)

- Festivities - Ceremonies - Furniture - House repairs - Vehicle repair - Others

12.22 %

Total expenses as percentage of total income 71.82 %

. Disable people Nil

6.4.2 Healthcare

All districts covered by the project have 1 district general hospital each and all com- munes covered by the project have 1 healthcare station each.

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The commune health care services usually taking care of minor illness or maternity deliveries. The district hospital can take care of more serious illness or minor ope- rations.

However, such health services are suffering from poor facilities or lack of equipment. During 2006, the preventive medicine center has successfully carried out certain health care programs i.e. vaccination (in 100% of communeslwardsltown - covering 98% of children under 5 years old with 7 types of vaccines and 89 % of children at 3 days old with 3 types of hepatitis B), vitamin A distribution (covering 95.5% of children from 6 to 36 months old and 90% of post delivery mothers) and anti- HIVIAIDS, anti-dengue fever, anti-malaria, anti-tuberculosis etc.

6.4.3 Housing Condition

The Vietnamese Construction Standards provide construction specifications for civil and industrial projects. Based on these specifications - four categories of houses and an additional 'Temporary Category', the housing conditions of the communities in the project areas are follows :

Cat. 3 Cat. 4 Cat. 'Temp.'

Apart from the above mentioned houses, there are huts with bamboo or wood supports and palm-leaf walls and roofs. These structures are usually used as auxiliary struc- tures i.e. animal stables, pondllake side guard huts.

Houses are usually constructed in the garden land areas; therefore, sometimes it is dif- ficult to identify residential and arable area.

Apart from the residential land (house building land plot) the households in the project areas have an average of productive (agricultural) land of 1,575 m2.

Pls. see Appendix 8 for Housing Categories defined in the Vietnamese Construction Standards.

However, there is no houses/structures damaged in this project.

6.4.4 Income

Sources of Income

- Agriculture - Small business - Wage earners (state-owned and private sectors) - HandicraR - Aquaculturelfishing - Free lanced labors - Retired - Others

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It is difficult to specify DPs' exact source of income and income, since many DPs themselves could not point out their sources of income and income exactly. Many DPs have multi sources or mixed sources of incomes and their income changes fol- lowing the fluctuation of agricultural and forest-product harvests and prices.

Average Income

The socio-economic surveys covering (1 1 hamlets + 3 groups) of (6 communes + 3 wards) + 2 townships belong to 4 districts + 1 town and 1 city of the project areas in Ba Ria - Vung Tau province show that the average income of the overall population in the Project Areas is around 24,727,213 VNDIhouseholdlyear or 6,009,402 VNDI personlyear.

Groups of Income (in relation to the average household income

Notes It is noted that the above said statistics (Population and Household Charac- teristics) do not reflect such characteristics of Ba Ria - Vung Tau province since the socio-economic survey cover only the insignificant number of scattered DP HHs in the project areas.

Household Economic Situation (in relation to the average household possession

in the project areas) High Medium Low

19.67% 76.39% 3.94%

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of facilities in the project areas) High Medium Low

22.95% 72.13% 4.92%

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7. Project Impacts

The data gathering activities in the socio-economic surveys for the baseline informa- tion are shown in Chapter 6. From such baseline information, statistics of project im- pacts are shown below.

7.1 Types of Impacts

ROW is defined in the Decree No.l06/2005/ND-CP dt. August 17,2005 by GOV on the protection for high voltage power network.

All houses and public structures in ROW are required to remove or could be existed with the restricted conditions.

. All high trees in tower foundation areas and in ROW of D L that from the tops of trees to the lowest conductor is less than 2 m will be cut. All trees out of ROW but it is supposed to touch to the conductors in case of fallen (should be at least 0.70 m from the top of fallen trees to the conductors) will be cut.

All structures out of ROW but it is supposed to impact to the project such as bomb and mine storage, gas station, stone mine, communication centers etc. will be removed.

Permanently land acquisition for the project consists of :

- Land acquired for tower foundations.

- Land acquired for permanent access roads.

Temporaw impacted land of the project consists o f :

- Land area surrounding the foundation during the period of foundation dig- ging and tower erection.

- Land area for the service roads for transportation of material into the tower position. The impacted land area will be proposed temporary from 1 to 2 months.

- Temporary impacted land area in conductor tension consists of a line along

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the route (ROW) - 4 m wide (in respect of 22kV single-phase line) and 6 m wide (in respect of 22kV 3-phases line)* - the lines are only calculated for category of annual cultivation land. The land area would be impacted from 1 to 2 months.

Impacted public works

- There is not any road, bridge, water supply and drainage systems etc. built in the locality and affected during this subproject construction.

Inventory survey work for impacts has been carried out during July - August, 2007 with the results as shown in the tables below.

7.2 Project Impacted People

The following persons to be identified by the baseline information collected for this RP are Displaced Persons :

(a) persons whose houses/structures are in part or in total affected (temporarily or permanently) by the project;

(b) persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project;

(c) persons whose businesses are affected in part or in total (temporarily or perma- nently) by the project;

(d) persons whose trees andlor crops are affected in part or in total by the project;

(e) persons whose rented houses for residential purpose are affected by the project.

Results from the Socio-economic surveys show that : I HHs Persons I

- Number of DPs with more than 10% of productive land permanently acquired 1 Nil

Total number of DPs in which . .. . ,. .... .. . . . . . .. . . . ..... . . . . , ...... .. . ... . . . - .......... ... .. .. .. .. ....,. . . ...... . . .. . .. . . ... . . . . - .. ... ... .... .. . ............ . -. -. .................. .. ,..... ,- ,.. ,.. ,.. , ., , ... ....., . ............... . . .

Permanently Impacted DPs

- Number of DPs with less than 10% of productive land permanently acquired 1 61 251

6 1 25 1 ....... , ........ ,..... ........... ,.. . . . ., . ......,. .. . , , ...,. ...., . ... .. .... ..

in accordance to GOV Decree No. 106/2005/ND-CP dt. August 17,2005 on the protection of hgh voltage networks.

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Temporarily Impacted DPs

Total Temporarily Impacted DP I

w s One household may fall into more than one impact category.

From the results shown above, it is safe to state that the entire displacedpopulation is minor since the affected people are not physically displaced and less than 10% of their productive assets are lost.

7.2.1 Number of DPs

Table 7.2.1 - Number of DPs

1.1 Lang L h 1 1 1 Sang Xoai 4

DistrictlCommune/Hamlet

1.1.2 Hamlet 4 I 3 1 14 1.2 subi Nghe

1.2.1 ~ u 6 i Ngh@ 1 .... . ... .... .. . ..... . .. .. ... .. .. .. . ... . . . . . ..... . . . .. .............. ... ... ... .. .......... . . . . .. . ......... - ........ . .. ....... ... .. . .... ........ . . . . ... ....... .. .. ..... . - . . .. .. . . . . .. . . .... ..... .... , ,. , . , ...... ,.... . , , , ...... ., , ..... , ,. ........ , , ... ,.. , , ., ..

1.3 Binh Ba 1.3.1 ~ u a i Lup 4

Sub-total I 11

Total

HH

3. Long Di&n 3.1 Phztbc Hung

3.1.1 LO v a i

Person

2. D i t D6 2.1 Phztbc Hai Township

2.1.1 Hai Tin Sub-total 2

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3 3

15 15

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Resettlement Plan

Sub-total 3 1 5 1 24

4. Ving Tau City 4.1 Ward 11

4.1.1 Group 1

5. Ba Rja Town

Sub-total 4

5.2 Phnbc Hung Ward 5.2.1 Group 4 .......................... -. ................................................................................................................................................................................................

5.3 Long Hwong Ward

4 14

6. Xuyen MQc 6.1 Xuy2n Moc

6.1.1 NhBn Dirc .................................... - .................... ........................................................................................ ................................

6.2 Phtcbc Btiu Township 6.2.1 Phuwc L6c

Sub-total 5 ~ 29

Sub-total 6 Total

120

Please see Appendix 9 for Inventory of Project AfSected People.

7.2.2 Total DPs by Categories

Table 7.2.2a - Total DPs by Impact Categories

9 6 1

Categories -

1 DP who has trees, crops, which are damaged by the project during the construction period due to construction of temporary access roads or conductor stringing.

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27 251

H H s 1 persons

2 DP who has residential, garden, productive lands which are temporarily acquired during the project construction period.

5 0 217

6 1 25 I

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3 DP who has houses/structures, which are partially damaged or cut, and the damaged portion will not affect to the safety or using purpose of the entire house or structure (the dismantled areas are 110% of total areas), and the lost house/structure portion could be rebuilt in adjacent areas already owned by the DP. Impact on cleared residential land in ROW would be temporary as it could be reused for restricted purposes.

4 DP who has house, which are partially or totally damaged, and the damaged portion will affects to the safety or using purpose of the entire house or structure (the dismantled areas are more than 10% of total areas or even less than 10% of total area, but the remaining area can not be used or inconvenient for using), so the house need to be totally removed and rebuild in remaining ad- jacent areas already owned by the DPs. Impact on cleared residential areas will be temporary as it can be reused for restricted purposes.

5 DP who has houses, which are partially or totally damaged, and the damaged portion will affects to the safety or using purpose of the entire house or structure, so the house/structure need to be totally removed and rebuild. But DP does not have sufficient spare residential land for the reconstruction of a house of equal dimensions as the house lost. The threshold of sufficient residential land is at 100 m2 for rural areas.

6 DP who has residential land, productive land which will be acquired permanently for the project i.e. stations, tower foundations, access roads for maintenance of the project etc.

(a) acquired productive land areas is more than 10% of total productive land DPs' holdings.

- -

Nil

Nil

Nil

Nil

@) acquired productive land areas is less than 10% of total productive land DPs' holdings.

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(c) the remaining residential-garden land areas is less than 100 m2 (in rural areas).

Nil

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Notes It is noted that 1 DP household may fall into more than one impact category.

(d) the remaining residential-garden land areas is equal or more than 100 m2 (in rural areas).

7 DP impacted permanently or temporarily on business or other services.

8 Tenants who have leased houses for residential purposes

Table 7.2.213 - Total DPs by Impact Categories - Locality Distribution Household

1. Chiu DiYc 1.1 LangLbn

2. ~ d t D6 2.1 P h d c Hai Township

3. Long ~ i i n

4. Viing Tau City

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6 1 25 1

Nil

Nil

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Project Impacted Assets

5. Bh Rja Town 5.1 Tdn Hung

6. X u y h MQc

The project may impact on :

Sub-total 6 Total

. Permanent land acquisition for tower foundations, and some access roads for the project construction.

Permanent impact on houses, structures, trees, crops and other assets in the proposed tower foundation areas and in ROWs.

9 50

Assets on the service roads.

All trees and crops or other assets surrounding the tower foundation and ROWs.

9 61

Temporarily acquired land required during construction of the project.

Results of the socio-economic surveys show that :

9 6 1

P e r m a n e n t I m p a c t s

9 61

Residential and productive land acquisition for tower foundations, service roads.

. Trees, crops in the proposed tower foundation areas

High trees in ROW that to be cut (from the tops of the trees to the conductors are less than 2 m) and high trees adjacent to ROW but could touch the conduc- tors in case of fallen.

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- P e r m a n e n t l y A f f e c t e d A s s e t s -

* Permanent land acquisition

residential land productive land

Nil

rice 4 m2 crops 12 m2 garden 228 m2

244 m2 representing 0.26% of total productive land holding

vacant pu blic land

Permanent affected structures

Permanent affected crops

rice crops

Nil

Permanent affected trees (i.e. grapefruit, cashew.. .) 329 trees

T e m p o r a r y I m p a c t s

Temporary Land Acquisition

Productive land is temporarily acquired in the period of the project construction.

Trees, crops along the strips in ROW of D L during the construction period*

- T e m p o r a r i l y A f f e c t e d A s s e t s -

* Temporary land acquisition

residential land productive land

rice crops garden

Nil

2,521 m2 representing 2.56 % of total produc- tive land holding

* There is no temporary impacts on the access roads (during construction) since (i) the 22kV DLs are almost running along the highway/provinci~&strict roads (i.e. poles are lying within the road corridors) and (ii) the prevailing public roads/paths and ROW itself are envisaged to be used as access roads during construction.

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vacant public land

Temporary land acquisition for access roads

The temporary land acquisition for temporary access roads during constructio~~ is not required since the prevailing roads/paths/lanes and ROWS shall be used during the construction period.

Temporary affected structures

Temporary affected crops

rice 60 m2 crops 190 m2

Impact on Houses/Structures

Nil

250 m2

Nil

The details of impacts are shown in the following tables.

7.3.1 Number, Category and Area of the House Lost

Nil

7.3.2 Number and Area of Residential Land Lost

Nil.

7.3.3 Number and Area of Productive Land Lost

Table 7.3.3 - Number and Area of Productive Land Lost

Unit: m2

I Permanent Damage to Productive Land 1

1. ChPu DiYc I I I I

Total -

Dist rictlCommunelHamlet

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Rice Land

Sub-total 1 1

Crop Land

12

Garden Land ----

32 44

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Resettlement Plan

2. ~ i i t D6 2.1 P h d c Hai Township

2.1.1 HaiT2n Sub-total 2 1

4. VCng Tau City 4.1 Ward I1

3. Long Diin 3.1 P h d c Hung

3.1.1 LoV6i Sub-total 3

12

5. Ba Ria Town 5.1 Tcin Hung

5.1.1 PhuCrcTiin 1 ................................. .- ............... - ............ ..... ...................... -. .................... .....

5.1.2 PhuCrc T2n 3

12

20 20

1 Sub-total 4

6. Xuy2n Mac 6.1 Xuy&n MOc

6.1.1 Nh2n Duc

20 2 0

16 ---- 16

16 16

6.2 P h d c Btizr Township 6.2.1 PhuCrc Lac

Sub-total 6

7.3.4 Quantity and Type of Crops Lost

I I I I

20 3 6

Total I 4

1. Chfu D ~ c I. I Lang L h

20 3 6

Table 7.3.4 - Quantity and Type of Crops Lost Unit: rn2

- --

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12

Total DistrictlCommunelHamlet

228

Rice

244

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1.1.1 S8ng Xoai 4 1.2 Binh Ba

2. Ba Rja Town

1.2.1 ~ u 6 i up Sub-total I

7.3.5 Quantity and Type of Trees Lost

Table 7.3.5 - Project Affected Perennial Trees

I I I I

4 I 12

1.1.2 Hamlet 4 .................. .- ... ................ -, ..... . ......... - ............ ....

1.2 subi Nghe

4

12

1.2.1 su6i Ngh? ...................................................................................................................

1. 3 Binh Ba 1.3.1 s u 6 i ~ u p

Sub-total 1 1 7 1 1 1 14 1 19

2. Dht D6 2.1 Phwdc Hai Township

2.1.1 HaiTBn 1 2 2 2 Sub-total 2 1 2 2 2

3. Long Di&n 3.1 Phwbc Hung

3.1.1 LoV8i Sub-total 3 1 5 2 1 3 1 1

4. Viing Tau City 4.1 Ward I1

Unit : Tree

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5. Ba Rja Town

5.2 Long Huwng Ward

7.3.6 Business Lost including Structures, Land and other Fixed Assets

Nil.

7.3.7 Productive Assets Lost as a Percentage of Total Productive Assets

Table 7.3.7 - Productive Assets Lost as a Percentage of Total Productive

I Productive Assets Lost as a Percentage of

DistrictlCommunelHamlet

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- Total Productive Assets

Productive land I Total Productive I Percentage of holding (m2)

land Lost (m2)

Productive land lost

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3. Long Di&n 3.1 P h d c H m g

3.1.1 Lo V6i

2. D6 2. I P h d c Hai Township

2.1.1 HAiTin Sub-total 2

4. VIng Tau City

Sub-total 3

0.23 0.23

I

5. Ba Ria Town

5,200 5,200

9,600

Sub-total 4

12 12

2 0

2,020

5.3 Long Hwong Ward 5.3.1 Huung Sun Group

Sub-total 5

The table above shows that the percentage of affected productive land is practically minor i.e. 0.26%.

7.3.8 Quantity and Category of Other Fixed Assets Affected

Nil.

7.3.9 Temporary Damages to Productive Assets

0.21

Sub-total 6 Grand Total

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16

2,400 45.640

0.79

6,5 70 96.021

8 I16

0.33 0.25

3 6 244

0.55 0.26

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Table 7.3.9 - Temporary Damages to Productive Land

2. Dht D6 2.1 P h d c Hai Township

2.1.1 Hai T2n

DistrictlCommuneHamlet

3. Long Dikn 3.1 PhdcHung

3.1.1 LoV6i

Sub-total 2 1

Total Temporary Damage to Productive Land

4. Vfing TAU City I

Rice Land

130

Sub-total 3

130

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Crop Land

220

Sub-total 4

Garden Land

220

116 116

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7.3.10 Temporary Damages to Crops

Table 7.3.10 - Temporarily Impacted Crops

Sub-total 6 Total

Unit: m2

6 0

Total Rice Land

1.1.1 S8ng Xoai 4

Garden Land

1.2 Binh Ba

395

2,521 1 395

190

2. Ba Ria Town 2.1 Tdn Hwng

2,271

1.2.1 s u 6 i ~ u p Sub-total 1

120

190

2.1.1 Phuac TBn 5 Sub-total 2

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120 190

I I I . -

60 60

Total I 60

60 60

190 250

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Resettlement Plan

8. Implementation Arrangements

8.1 Measures for the Project lmplementation

8.1.1 Announcement to DPs

All DPs shall be thoroughly informed about the rights and policies of RP including eligibility, entitlement policy, modes and rates of compensation, schedules and com- plaint and grievances rights. The RIB will be prepared by PMB and then it will be delivered to all DPs or informed at the meetings in districts and communes; hung in public places such as administration head-quarters of communes and schools.

Public announcement tasks shall be implemented immediately after GOV and WB approval of project is obtained. The main features of RIB are described in Art. 5.6 of Chapter 5.

8.1.2 Compensation Deadlines

Compensation payment for land, houses at least five months before land clearance, compensation for trees and crops and all allowances will be paid at least 01 month before land acquisition date.

For DPs who have to be relocated, local authorities and PC2 and its PMB shall make every effort to assist them in purchasing residential land and construction for the house and to be sure that no land clearance if these DPs have not completed their house buil- ding at new resettlement site.

However, in this subproject, there is not any impact on residential land and structures, therefore, there is not any DP who required to be relocated.

8.1.3 Resettlement and Clearance Deadline

DPs who have impacted houses and land and have received full compensation and subsidies, are requested to move out of the affected portion of the house or to clear land at least 15 days before the commencement civil work.

8.2 RP Implementation Process

RP implementation will be included in 3 actions as follows.

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i. General action Right from the beginning of the project preparation, implementation work.

. . 11. Separate action At several times, once for each project component . . . 111. Continuous action Continuous action for the stages of RP implementation.

8.3 Essential Actions

8.3.1 Action 1

Just after the award of capital borrows convention of WB, PC2 and its PMB will select and contract a qualified agency for independent external monitoring.

Note : The project related provincial and district CRCs are already exist.

8.3.2 Action 2

CRC carries out the DMS and inventory of the affected assets (on the basis of the sur- veys for this RP) and together with the independent monitoring agency and other re- lated agencies, carry out the evaluation for the applicable unit costs in RP and propose to PPC for amendment of the applicable unit prices in RP, if necessary, to ensure that DP is compensated at replacement costs at the time of RP implementation.

Article 9 of Decree 19712004IND-CP states that land price for the compensation cal- culation is the land price in respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with the Government regu- lation (within the GOV's range of minimum and maximum prices).

Chapter 2 of Decree 188/2004/BD-CP promulgates the methodologies (i.e. 'direct comparison method' and 'income method') to define land price and, at the same time, set forth the land price framework (min. and max. unit price for various types of land) throughout the country

The compensation at replacement cost is also again ensured in Item 2 of Article 4 of Decree No. 17/2006/ND-CP dt. Jan. 27, 2006 states that :' ... in case at the time issuance of decision for land acquisition and the land prices* are not relfecting the actual market value (in normal condition) of land use tranfer, the provincial People's Committee or City directly under the Central Government will decide the appropriate land prices'.

8.3.3 Action 3

Immediately after the completion of the DMS and inventory survey, CRC will inspect and define the official number of DPs, impacted properties and total compensation amount for DPs.

promulgated by the provincial People's Committee or Cities directly under the Central Government.

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8.3.4 Action 4

CRC will officially announce the policy, schedule of the RP to DPs at public meetings including issues related to compensation, resettlement and land clearance.

8.3.5 Action 5

Compensation payment for houseslstructures and deliver assistance to DPs affected on houseslstructures, and compensation payment for DPs affected on other properties.

DPs that permanently impacted more than 10% of total productive land or incomes will be entitled to rehabilitation assistance. They will be assisted for the training or TA for agriculturelhusbandry or non-land based program. The amount of 700,000 VNDI person (main labor) and is delivered directly to training or TA institutions1Consultant and 800,000 VND for trainee as a subsidy allowance in the training time (totaling 1,500,000 VND per trainee).

The proposals for trainings or TA programs will be prepared by PC2 or its Consultant in the period of RP implementation. The proposals will be developed based on the consultation with local authorities and the participation of DPs. The proposal also in- cludes the possibility of employment after training. The proposal will be hrnished to IDA for its concurrence.

(However, there are no DPs with more than 10% of their total productive land or incomes permanently affected in this project. Actually, their productive land is insignificantly affected i.e. 0.26 %).

8.3.6 Action 6

During the project implementation, PC2 PMB and Independent External Monitoring Agency will superviselmonitor all activities of RP implementation and rehabilitation programs.

8.4 lniplementation Schedule

One of the RP provisions is that RP will be carried out in accordance with the men- tioned process for the purpose of security for land clearance and implementation of civil work.

The implementation schedule must ensure the synchronized linkage between RP implementation and commencement of civil work i. e. the appropriate compensation schedule and construction schedule. The compensation payment shall be completed prior to the commencement of the relevant project components.

Proposed project implementation schedule :

GOVJWB :

1. Review and approvallclear of RP by EVNIWB Nov. 2007

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2. Negotiation (GOV and WB) 3. Signing of Agreement (GOV and WB) 4. Effectiveness

PMB and Project CRC :

1. Establishment of Project CRC 2. Commencement of Public information 3 . Commencement of Field works (DMS) 4. Commencement of payment of compensation

Mar. 2008 May 2008 Aug. 2008

(already exist)* Sept. 2008 Nov. 2008 Jan. 2009

DPs :

1. Commencement of declaration of quantity and status of properties Nov. 2008 2. Commencement of receiving compensation and ground clearance Jan. 2009

Bidding :

Commencement of bidding for equipment

Civil works :

Commencement of civil works (The civil works is expected to complete within 12 months)

Jan. 2009

Jun. 2009

Monitoring : Sept. 2008 - Dec. 2010

Notes Considering the marginal impacts (without resettlement) and number of DPs and, with the apt workforce, the public information and DMS & inventory work is envisaged to be fhlfilled within 2 months and the actual compensa- tion can be fhlfilled within 2 months.

Discussion among Consultant and PC2 PNJB for the above proposed RP im- plementation schedule has been held, taking into consideration the quantity of project components, number of project related communes in each district, the apt workforce and possibility of parallel activities.

All RP activities must be satisfactorilv completed before the World Bank issues a no objection for award of contract for the sub-projects. Any changes to the RP after WB clearance will require review by the WB Office in Hanoi before commencement of construction.

8.5 Staffing for RP Implementation --

8.5.1 Proposed Staffing for RP implementation

Considering the number of DPs along with their affected assets, staffing for the RP , implementation is proposed in the following table.

The provincial and district CRCs are already existed for other on-going projects in the localities.

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Table 8.5.1 - Staffing for RP Implementation

Sr Institutions Number of Staff Total No Working time

2 Provincial CRC 2 2 d m

3 City CRC 1 1 d m

4 TownCRC 1 1 d m

5 District CRCs 1 x 4 4 d m 6 Township People's Committees 1 x 2 2 d m

7 CommuneIWard People's Committees 1 x 9 9 d m

8 Consultant 2 6 d m

9 Independent External Monitoring Agency 2 6 d m

Notes

PC2's PMB for South Vietnam Power sub-projects is already existed

Provincial and district CRCs for the Rural Power Networks are already existed.

The estimated total working time (madmonth) of the staffing for RP imple- mentation may spread out in a reasonable and practical time schedule.

The independent external monitoring agency shall dedicate their apt workforce to satisfy the external monitoring requirement of the WE3 with defined sche- dule. They shall commence their monitoring work right from the beginning of the RP implementation through its completion and lasting to 6 months after the completion of the RP implementation for the surveying of the satisfaction level of DPs. It is estimated that 1 Inception Report, 4 Quarterly Progress Reports and 1 Final Report will be prepared by the Independent Monitoring Agency.

8.5.2 Training and Workshop

In order to carry out RP implementation smoothly and effectively, prior to RP imple- mentation, organizing trainings, workshops for social safeguard staff of EVN, PC2 and its Consultant and officials of local authorities are necessary. The trainings, workshops will be held by PC2 PMB with TA of the WE3 resettlement Officers. The objectives of trainings, workshops are to guide all relevant agencies/people for task- forces, requirement for carrying out DMS survey, and steps of RP implementation as well as monitoring and evaluation, report preparation, base line data management.

One Intermediate training course and one primary training course are proposed to be organized at the initial stage of the RP implementation.

One workshop for all RP implementation related personnel is proposed to be held by the initial stage of actual payment of compensation.

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The training courses and workshops are to be organized in Ba Ria - Vung Tau pro- vince within a short course of time i.e. 1-2 days.

Table 8.5.2 - Number of Proposed Trainees

Resettlement Organization Number of No Staff Content

1. Intermediate training

1.1 PC2's PMB 2 - DMS, entitlement determination. 1.2 Provincial CRC 2 - Key RP policies. 1.3 City CRC 1 - Mechanism for redressing the 1.4 TownIDistrict CRC 1 x5 complaints/grievances. 1.5 Consultant 3 - Internal and External Monitoring and

evaluation of RP implementation

2. Primary training

2.1 Officers of townships 2 x 2 - DMS, inventory, survey 2.2 Officers of ward/commune 2 x 9 - Key RP policies. 2.3 Internal monitoring office 2 - Monitoring and evaluation of RP

implementation. - Community participation and

consultation. - Complaints and Grievances

Notes The Communes' officers are one cadastral cadre and one officer from Labor and Social Bureau.

The independent external monitoring agency is supposed to be a professional agency in the field of external monitoring of RP implementation and their training is not required.

8.6 Grievance and Appeals

Since the entire resettlement and rehabilitation program is being carried out with the participation of the DPs and the impacted scale of this project will be relatively small, it is expected that no grievance issue will arise. However, to ensure that the DPs have avenues for redressing their grievances related to any aspect of compensation and re- settlement, detailed procedures of redresses of grievances have been established for the project. The objective is to respond to the complaints of the DPs speedily and in a transparent manner. The mechanism is designed to be easy, transparent and fair. By resolving grievances at the project level, the progress of the project would be more effective ascertained.

The procedures are as follows :

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Resettlement Plan

Stage 1 - Commune Level

If any person is aggrieved by any aspect of the resettlement and rehabilitation pro- gram, helshe can lodge an oral or written grievance with commune authorities. In case an oral compliant is made, it will be written on paper by the commune and processed. Commune People's Committee will settle the issue within 15 days

Stage 2 - District Level

If any aggrieved person is not satisfied with the decision in Stage 1, helshe can bring the complaint to the attention of the district People's Committee or CRC and within 13 days from the date of the receipt of the decision in Stage 1, the district People's Committee or CRC will reach a decision on the complaint.

Stane 3 - Provincial Level

The Decree No. 197/2004/ND-CP (Art. 39) entitles DP to file complaint with the People's Committee or CRC at the same level, regarding decisions concerning damage to the property. The responsibility, time and procedures to settle the complaint shall be in line with Article 138 of the 2003 Land Law and Articles 162, 163 and 164 of Decision 18 112004IND-CP dt. Oct. 29, 2004 of the Government on the implemen- tation of Land Law.

Item 13 of Article 2 of Decree No. 17/2006/ND-CP dt. Jan. 27, 2006 also ensured that : 'Within 45 days counting from the day of receiving the decision of the district level but the aggrieved person disagrees with such decision, helshe has the right to bring the complaint to the PPC or City directly under the Central Gov.' and ' . . .the Chairman of the PPC or City directly under the Central Gov. is responsible to settle the complaint in accordance to the Law of Petition'.

Staae 4 - Court Case

In extreme cases, the DP can bring the issues to Court by using the Bureau of Law Consultant, free of charge.

Item 14 of Article 2 of Decree No. 17/2006/ND-CP dt. Jan. 27, 2006 stated that : 'Within 45 days counting from the day of receiving the decision of the Chairman of the PPC or City directly under the Central Gov. but the aggrieved person disagrees with such decision, helshe has the right to bring the case to the People's Court'.

The case shall be settled in Court without any charges or fees. The Court's decision will be a legal basis for compensation.

DPs can make an appeal on any aspect of the resettlement and rehabilitation program, including compensation rates being offered.

I n f o r m a t i o n

Detailed procedures for redress of grievances and appeal process shown publicized among the DPs during participation meetings and also in the offices of the commune People's Committees.

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This information is also incorporated into the RZB to be disseminated to the DPs be- fore the beginning of implementation. Please see Figure 8.6 for Grievance Redress Administrative and Juridical Structures A17ailable to DPs.

Figure 8.6 - Grievance Redress Administrative and Juridical Structures Available to DPs

People's Committee or CRC

Provincial rlJ District

People's Committee

People's Committee

>, , ................ Lawyer

? Complaints

Court case

8.7 Monitoring and Supervision

The implementation of RP shall be constantly supervised and monitored by PC2 PMB in co-ordination with local People's Committees.

An independent consulting agency will be entrusted with external monitoring tasks. The selection of this agency will be submitted to the approval of PC2 PMB and WB.

The selected independent external monitoring agency shall be contracted by the PC2 PMB immediately after RP approval and shall begin supervision and monitoring acti- vities form the beginning of the implementation phase.

8.7.1 Internal Monitoring

The PMB is responsible for internal monitoring of the RP implementation.

The main indicators that will be monitored regularly are :

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Monitoring the public information dissemination and consultation procedures.

Monitoring the population and socio-economic surveys of DP and the invent- tory of DP assets, status, occupation and living conditions and supervising the implementation of compensation, resettlement and rehabilitation for the DP in the terms agreed by the DPs.

Monitoring whether the implementation of resettlement and compensation tasks are carried out as provided in this RP.

Monitoring the availability and quality of replacement land.

Monitoring the timely and sufficient deployment of resettlement and compen- sation h n d s for this RP.

Investigate and fairly assess each case of complaint and grievance.

Internal monitoring agencies will prepare a quarterly report detailing the pro- gress of RP implementation i.e.:

- number of DPs by category of impact and the status of compensation pay- ment and relocation and income restoration for each category;

- amount of hnds allocated for operations or for compensation and the amount of hnds disbursed for each;

- eventual outcome of complaints and grievances and any outstanding issues requiring action by management (if any);

- implementation problems;

- revised actual resettlement implementation schedule.

Such a report should be made available to appropriate GOV authorities, WB and ex- ternal monitoring agency.

8.7.2 External Monitoring

Objectives

The general objective of the external monitoring is to provide an independent periodic review and assessment of achievement of resettlement objectives, the changes in liv- ing standards and livelihoods, restoration of the economic and social base of the DPs, the organizational effectiveness, impact and sustainability of entitlement, the need for hrther mitigation measures, if any, and to learn strategic lessons for h ture policy for- mulation and planning.

Agency Responsibility

PC2 PMB will hire certain organization for the independent external monitoring and

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evaluation of the RP implementation of the subproject. Such organization should be specialized in the social sciences and experienced in resettlement monitoring. Terms of Reference (TOR) for independent monitoring will be prepared by PC2 PMB and will be sent to WB for its concurrence prior to invitation of independent moni- toring.

Monitoring and Evaluation Indicators

At the beginning of RP implementation, conduct a replacement cost survey of affected land and attached propertieslassets to assess level of adequacy of the compensation unit prices issued by the project related PPC, comparing with their replacement costs. In case there is a considerable gap exists, the indepen- dent external monitoring agency will submit their recommendations to PC2 PMB so that they will act for necessary adjustments, ensuring the project's re- settlement principles are met.

Evaluation of inventory survey (DMS) and Entitlements to DPs.

Evaluation of socio-economic project impact on the DP.

Payment of compensation : (i) fill payment to be made to all DPs sufficiently before land acquisition and, (ii) adequacy of payment to replace affected assets.

Provision of technical assistance for house construction to DPs who are re- building their structures on their remaining land or building their own struc- tures in new places as arranged by the project or on newly assigned plots.

Provisions of income restoration assistance.

Public consultation and awareness of compensation policy : (i) DPs should be filly informed and consulted about land acquisition, leasing and relocation activities, (ii) the monitoring team should attend the public consultation meet- ings to monitor public consultation procedures, problems and issues that arise during the meetings and solutions that are proposed, (iii) public awareness of the compensation policy and entitlements will be assessed among the DPs and, (iv) assessment of awareness of various options available to DPs as provided for in the RP.

Throughout the RP implementation process, the trends of living standards will be observed and surveyed. Supervision of the implementation of RP to achieve the objectives of the RP, particularly "to improve or at least maintain the in- comes and living conditions of the DP after the resettlement". Any potential problems in the restoration of living standards will be reported.

Putting forward the amendments for the implementation of RP so as to achieve the objectives of this RP.

Offering suggestions on how to improve RP programs.

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. Closely monitoring compensation activities and be prepared to give informed evaluation of complaint and grievances cases.

. Write working reports (quarterly) to be submitted to PC2 PMB, WB, the ap- propriate GOV authorities and to the representatives of the DPs.

. Produce a final document to be prepared six months after the completion of the entire resettlement program. This document shall provide detailed evaluation of the RP and its implementation, such document shall be prepared by means of interviews with the DP on their opinions in all aspects after they have been resettled and compensated.

. Finally, on the basis of the RP implementation experience, this document shall provide suggestions both to help reinforce local RP expertise and to improve future resettlement plans.

Sample Survey

A socio-economic survey will be required before, during and after the resettlement im- plementation to provide a clear comparison of success/failure of the resettlement plan.

Monitoring on a sample basis will be carried out, following the TOR for independent external monitoring agency

Post resettlement evaluation will be carried out around 6 months after the completion of all resettlement activities.

Database Storage

The IMA will maintain a database of resettlement monitoring information. It will con- tain files on results of independent monitoring. DPs surveyed and will be updated based on information collected in successive rounds of data collection. All data bases complied will be fblly accessible by the PC2 PNB and WB.

Reporting

The independent monitoring activities will be carried out in accordance with the pro- ject implementation progress and the monitoring reports will be submitted to PC2 PMB no latter than 2 weeks after field independent monitoring activities is completed. The IMA is required to submit the findings of the periodical monitoring every quarter. These monitoring reports shall be submitted to the WB as an annex of its Progress Report.

The report should contain : (i) report on the progress of RP implementation, (ii) devia- tions, if any, from the provisions and principles of the RP, (iii) identification of prob- lems and issues and recommended solutions so that implementing agencies are in- formed about the ongoing situation and can resolve problems in a timely manner and, (iv) a report on progress of the follow-up of problems and issues identified in the pre- vious report.

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Monitoring Report Follow-up

The monitoring reports will be discussed in a meeting between the IMA and PC2 PMB immediately after the submission of the report. Necessary follow-up actions will be taken based on the problems and issues identified in the reports and follow-up dis- cussions.

Evaluation

Evaluation is an assessment at a given point of time of the impact of resettlement and whether stated objectives have been achieved. The external monitoring will conduct an evaluation of the resettlement process and impact around 6 months after the com- pletion of all resettlement activities using the same survey questionnaire and sample as used during the monitoring activities.

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9. Costs and Budgets

9.1 Budgets

Budget for RP implementation will be the counterpart h n d s i.e. Electricity of Vietnam.

9.2 Compensation Cost Estimate

Compensation cost estimate for temporarily and permanently impacted house, struc- tures, residential land, productive land, trees and crops is based on :

GOV Decree No. 19712004ND-CP dt. Dec. 03, 2004.

Decisions for unit costs for compensation of Ba Ria - Vung Tau Provincial People's Committee.

Survey for replacement costs and market price for structures, land, trees, crops by the Consultant in the period of carrying out impact survey (July - August, 2007).

9.3 Compensation Unit Prices

Decisions for unit costs for compensation of Ba Ria - Vung Tau Provincial People's Committee are applicable for these subprojects.

To ensure that the applicable unit costs for compensation are at the replacement costs, during the impact survey, the Consultant had carried out the survey on unit prices in the project areas of 1 project related district and 1 township and compare them with the unit costs approved by the provincial People's Committee.

It is noted that the newly issued compensation unit prices for land (promulgated by the People's Committee of Ba Ria - Vung Tau province during December, 2006 in accor- dance to Art. 56 of 2003 Land Law and Decision 19712004lND-CP dt. Dec. 03, 2004 along with Circular 1 1612004lTT-BTC dt Dec. 07,2004 and Decision 18812004lND- CP dt. Nov. 16, 2004 along with Circular 11412004lTT-BTC dt. Nov. 16, 2004) reflect the prevailing market prices in the project areas.

It is also noted that the compensation unit prices for crops and trees are slightly lower than that in the market price as surveyed by the Consultant.

-

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The contingency component would cover certain differences, if any, by the time of ac- tual RP implementation which is expected during 2009.

9.3.1 Compensation Unit Prices for Structures

There are no houses or other structures affected in this subproject in Ba Ria - Vung Tau province.

9.3.2 Compensation Unit Prices for Land

Compensation for land shall be at replacement cost.

Land unit price is established separately conforming to the regulated price frame of the Decree No. 188/2004/ND-CP and Circular No. 114/2004/TT-BTC.

Chapter I1 of Decree No. 18812004ND-CP - 'Methods of Defining Land Price', which is elaborated in Chapter I of Circular No. 1 1412004lTT-BTC (i.e. Art. 1 : 'the direct comparison method' and Art.2 : 'the income method') ensure the unit cost to meet the replacement value at the time of issuance of unit cost. These unit prices are based on the replacement costs for land, house, trees and market prices for crops.

The newly promulgated unit prices for land by Ba Ria - Vung Tau People's Committee (during December, 2006 and only valid for 2007) reflect the prevailing land prices in the project areas (during 2007 only).

It is understood that such unit prices for land are used in this RP just for the sake of cost estimate (during the time of this RP preparation) only. By the time of actual RP implementation (expected during 2009), the compensation unit prices for land to be promulgated by the Ba Ria - Vung Tau People's Committee (for the year of RP im- plementation) shall prevail.

The compensation unit costs will be reviewed by local authorities and Independent External Monitoring Agency at the initial stage of RP implementation and the amend- ment will be done by the provincial People's Committee (if required and to be used for calculation the entitlements of DP) to ensure that DP will be compensated at the re- placement costs for land. house. perennial trees and market prices for crops according to this RP policy.

Table 9.3.2 - Compensation Unit Prices for Land

Ba Ria - Vung Tau People's Committee Decision No.4630/2006/QD-UBND dt. December 20, 2006 defined the unit prices of 2 categories of land (i.e. 'annual crop land' and 'perennial tree planting land') with various grades applicable in the project related districtltownship of Ba Ria - Vung Tau province (during 2007). For the sake of cost estimates and taking into account the actual time of project implementation (expected during 2009)' the highest grade* of unit price for each category of land is taken as listed below:

* It is noted that the difference between the unit prices of the lowest and the highest grades are around 6 times.

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1 Vung Tau City

2 BaRia Town

3 Chau Duc, Long Dien and Xuyen Moc Districts

Unit : V N D / ~ ~

4. Dat Do District 1 44,000 52,000

Localities

Notes

The newly promulgated land prices reflect the actual land value in the respect- tive localities. However, the 'Land Price Consultant' (Art.57 of Land Law) or the Independent External Monitoring Agency shall utilize the 'Direct compa- rison method' andlor 'Income method' (Chapter I of Circular 114120041 TT- BTC dt. Nov. 26, 2004) of defining land price to adjust the land prices to meet the replacement value by the time of issuance of unit costs for this RP imple- mentation.

Annual Crop Land

The compensation at replacement cost is also ensured in Item 2 of Article 4 of GOV Decree No. 17/2006/ND-CP dt. January 27, 2006 also ensured that : '... in case at the time of issuance of decision for land acquisition and the landprices* are not relfecting the actual market value (in normal condition) of land use transfer, the provincial People's Committee and/or City directly under the Cen- tral Government will decide the appropriate landprices '.

Perennial Tree Planting Land

The contingency component would cover such differences, if any, by the time of actual RP implementation.

9.3.3 Compensation Unit Prices for Trees and Crops

Compensation for perennial trees at replacement cost and crops at market prices.

According to Art.24 of GOV Decision No. 197/2004/ND-CP dt. Dec. 03, 2004, com- pensation for (i) 'annual crops is calculated at the value of gross-output of the harvest. The gross-output value of the harvest is calculated on the basis of the highest output of the three last harvests of the main crops at the locality and the average market price at the time of land acquisition', (ii) 'perennial fruit trees is calculated at the current value of the orchard (without land value) at the locality at the time of land acquisition' and (iii) 'perennial industrial trees is calculated on the basis of the actual value of the da- maged trees'.

* promulgated by the provincial People's Committee andlor Cities directly under the Central Government.

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The Ba Ria - Vung Tau People's Committee Decision No. 636/2006/QD-UBND dt. March 01, 2006 (along with Decision No. 2254/UBND-VP dt. April 25, 2006) on compensation unit prices for trees and crops is applicable for this RP compensation cost estimates.

Table 9.3.3a - Compensation Unit Prices for Trees

The Ba Ria - Vung Tau People's Committee Decision No. 636/2006/QD-UBND dt. March 01, 2006 (along with Decision No. 2254/UBND-VP dt. April 25, 2006) defined the unit prices for trees applicable in the whole province.

However, it is understood that such unit prices for fruit trees are used in this RP just for the sake of cost estimate (during the time of this RP preparation) only. By the time of actual RP implementation (expected during 2009), the compensation unit prices for trees and crops (to be promulgated by the Ba Ria - Vung Tau People's Committee for the year of RP implementation) that reflect the replacement cost for perennial trees and market price for crops shall prevail.

Unit: WD/Tree Eucalyptus 10,500 Mango 500,000 Pepper 100,000 Cashew 165,000 Apple 50,000 Longan 560,000 Grape fruit 480,000 Banana 10,000

Notes The above mentioned Decision classified different unit prices for trees of dif- ferent categories (i.e. generally 3 categories according to the tree's age). For the sake of this RP cost estimates and considering the time of this subproject and RP implementation (expected during 2009), the unit prices of the highest cate- gories of the affected trees are taken as listed above.

Table 9.3.3b - Compensation Unit Prices for Crops

Ba Ria - Vung Tau People's Committee Decision No. 636/2006/QD-UBND dt. March 01, 2006 (along with Decision No. 2254/UBND-VP dt. April 25, 2006) defined the (i) method of calculating compensation unit price for rice and (ii) unit prices for crops applicable in the whole province.

Unit : VND/ m2 - ..

Wet rice 1,000 Beans 2,000

Notes Following the aforesaid decision, the unit price of wet rice is calculated by 5 tons --

- 1,000 VND/m2 (for the highest category of rice). 2,000 VND/kg x - - ha

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9.3.4 Compensation for Aquaculture

Article 24 of GOV Decree No. 197/2004/ND-CP dt. Dec., 03, 2004 defined that : at the time of land acquisition, but the aquaculture is not yet due for harvest, DP is compen- sated at full actual damaged due to early harvest; in case the aquaculture can be re- moved, DP shall be compensated for the transport cost and the damages due to trans- portation.

There is no aquaculture affected in this subproject in Ba Ria - Vung Tau province.

9.3.5 Flow of Fund

Fund for the implementation of RP will be from EVN :

PC2 will transfer such budget to Provincial CRC.

Provincial CRC will transfer such budget to District CRCs.

The District CRCs are responsible for :

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

Payment to cover costs of overall RP activities.

Please see Table 9.5.6 for Total Estimated Cost of RP Implementation.

9.3.6 Inflation Adjustment

The rates of compensation and cash entitlements for rehabilitation and allowances pay- able to the DPs shall be reviewed and, if necessary, adjusted at the actual time of RP implementation based on the actual annual inflation rate upon request of the CRCs.

9.4 Cost Estimates

Expenditures for RP comprising of

Preparation

All work at the office such as design study, preparation of statistic survey form.

Survey work : census and inventory, socio-economic survey.

Survey work is carried out in two stages : (i) Preliminary stage (for RP preparation) and (ii) Implementation stage (DMS & inventory - at the early time of project and RP implementation).

Compensation and Rehabilitation

Based on the impacted categories and extent of impacts which described in the above chapters, compensation and rehabilitation costs are included :

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Compensation for permanently land acquisition.

Compensation for temporarily and permanently affected trees (including the cost of cutting the trees).and crops.

Compensation for houses and structures required to be removed from the pro- posed ROWS (including demolishment cost and repair cost).

Subsidy, allowance for rehabilitation, consists of : relocating subsidy, transport allowance, training subsidy etc.

Management

Cost for staff of PMB and CRCs includes in : physical basic salary and allo- wance for administrative organization. The local CRCs shall undertake many works during the project implementation and only some members will be con- tracted to work for a certain period of time.

Cost for trainings, workshop, information campaign etc

Monitoring;

When implementing the project, PMB of PC2 will enter a contract with an independent external monitoring agency to carry out the external monitoring. Since cost of moni- toring work has not yet envisaged in detail, it is estimated at about 2% of total cost of compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring.

Contingency

Considering the expected time of actual RP implementation (expected during 2009) and experience from the implemented and on-going implementing projects of similar nature, the rate for contingency is estimated about 20% of total cost of compensation and RP preparation.

9.5 Total Cost Estimate for RP Implementation

9.5.1 Preparation of RP and DMS

Initial Staae - Preparation of RP

At the initial stage of the preparation for the establishment of RP, a socio-economic survey workforce has to be established. This workforce will carry out (a) studying the designs and field visits, (b) establishing the socio-economic survey forms (interview) and inventory forms (with preliminary measurements of fixed assets and counting of properties), (c) organizing community meetings and public consultation and distribu- tion of project related pamphlets/Q&A.. . , (d) socio-economic surveys by means of fill

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in the 'Questionnaires' and direct interview, (e) data processing and (0 establishment of the RP for approval.

PC2's PMB is to sign contracts with the Consultant to carry out the above mentioned tasks :

The value of Contracts with the Consultant* : 113,961,303 VND

Im-plementation Stage - DMS & inventory

Preparing for the RP implementation, the district CRC's Support Working Teams are mobilized to carry out (a) the preparation of DMS and inventory forms, RIB, (b) or- ganizing community meetings, (c) DMS and inventory works, (d) negotiations with DPs and (e) finalizing the DP's compensation and rehabilitation forms and submit to district CRCs for approval. The following workforces are envisaged on the basis of the number of DPs and their affected assets in certain locality.

Support Workmg Teams :

(i) Vunn Tau city 1 team (3 staffs) for Ward 1 1.

(ii) Ba Ria town 7 teams (3 staffs each) for Phuoc Hung and Long Huong wards and Tan Hung commune.

(iii) Chau Duc district 2 teams (3 staffs each) for Lang Son, Suoi Nghe and Binh Ba communes.

(iv) Dat Do district 1 team (3 staffs) for Phuoc Hai township

(v) L o n Dien district 1 team (3 staffs) for Phuoc Hung commune.

(vi) Xuyen Moc district 2 teams (3 staffs each) for Phuoc Buu township and Xuyen Moc commune.

Total Support Working Teams' staffs : 42 staffs x 1 month = 42 d m .

Estimated Total Implementation Stage (the estimates also include expenses on basic salary, per diem, accommodation, traveling of staffs, printing of forms, Q&Alpamphlets, community meetings) : 130,000,000 VND

Total cost of RP Preparation : (Initial Stage + DMS & inventory Stage)

During the preparation of this RP, the contract has not yet been signed. The value stated is estimated and proposed by the Consultant.

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Initial stage (preparation of RP) Implementation stage OMS & inventory)

113,961,303 VND 130,000,000 VND

Total 243,961,303 W D

9.5.2 Compensation and Rehabilitation

As already mentioned in the previous chapters, there is no DP required to be relocated. Therefore, the rehabilitation i.e. assistances/allowances/subsidies/bonus components do not exist in the following tables.

Table 9.5.2a(1) - Chau Duc District, Lang Lon commune

Sr Compensation Components Unit Unit Price Quantity Amount No VND

1 Permanent Acquisition Land

m2 50 000 8 400 000

Tree

Tree 10 000 1 10 000 Crops

Beans m2 2,000 8 16,000 Sub-total 1 1,711,500

2 Temporary Acquisition Land

Beans m2 2,000 70 140,000 Sub-total 2 2,725,000

Total 4,436,500

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Resettlement Plan

Table 9.5.2a(2) - Chau Duc District, Suoi Nghe commune

S r Unit Unit Price Quantity Amount No Compensation Components VND

1 Permanent Acquisition Land

Garden m2 60 000 4 240 000 Tree

Pepper Tree 100,000 1 100,000 Sub-total 1 340,000

2 Temporary Acquisition Land

Garden Tree

Cashew Tree 165.000 2 330.000 Sub-total 2 361,500

Total 701,500

Table 9.5.2a(3) - Chau Duc District, Binh Ba commune

--

Sr Unit Unit Price Quantity Amount No Compensation Components VND

1 Permanent Acquisition Land

Tree Eucalyptus

.... . . .. .. .. . .. . ..... . .. ... . .. .. ..... .... .. ..... . . .... . . .. .. . .. ..... ... Tree

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

Crops Beans m2 2.000 4 8.000

Sub-total 1 1,509,000

2 Temporary Acquisition Land

Crop

Eucalv~tus Tree 10.500 1 10.506

Cashew Tree 165,000 5 825,000 Banana Tree 10.000 8 80.000

Crops

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Beans m2 2,000 120 240,000 Sub-total 2 2.155.500

Total 3.664.500

Table 9.5.2a(4) - Dat Do District, Phuoc Hai Township

S r Compensation Components Unit Unit Price Quantity Amount No VND

1 Permanent Acquisition Land

Garden . , ,... , . . . ... . . m2 52 000 12 620 000

Tree

Cashew Tree 165.000 1 165.000

Banana Tree 10,000 1 10,000 Sub-total 1 895.000

2 Temporary Acquisition Land

Garden 2 m 130

Mango ,. Tree 500,000 " 2 1,000,000

Tree 50,000 1 50,000

Banana Tree 10,000 2 20,000 Sub-total 2 1,345,500

Total 2,240,500

Table 9.5.2a(5) - Long Dien District, Phuoc Hung Commune

Sr Unit Unit Price Quantity Amount

No Compensation Components VND

1 Permanent Acquisition Land

Apple Tree 50,000 1 50,000 Sub-total 1 1,781,500

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2 Temporary Acquisition Land

Cashew Tree 165,000 1 165,000

Banana Tree 10,000 4 40,000 Sub-total 2 1.126.00C,

Total 2,907,500

Table 9.5.2a(6) - Vung Tau City, Ward 11

Compensation Components Unit Unit Price Quantity Amount VNT)

1 Permanent Acquisition Land

Garden Tree

Banana Tree 10.000 1 10.000 Sub-total I 1,711,000

2 Temporary Acquisition Land

Garden Tree

Banana Tree 10.000 3 30.000 Sub-total 2 661.000

Total 2,372.000

Table 9.5.2a(7) - Ba Ria Town, Tan Hung Commune

Sr Compensation Components Unit Unit Price Quantity Amount No VND

1 Permanent Acquisition Land

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Tree 10 500 6 60 000

Crops Rice 2 m 1,000 4 4,000

Sub-total I 9.704.000

2 Temporary Acquisition Land

Rice Garden 820

Crops Rice m2

Sub-total 2 Total 29,683,500

Table 9.5.2a(8) - Ba Ria Town, Phuoc Hung Ward

S r Unit Price Quantity Amount Compensation Components Unit No VND

1 Permanent Acquisition Land

Garden m2 74,000 16 1,180,000 Tree

Banana Sub-total I 1,751,500

2 Temporary Acquisition Land

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Tree Eucalyptus Tree 10,500 22 23 1,000

Banana Tree 10,000 29 290,OOC Sub-total 2 3,521,000

Total 5,272,500

Table 9.5.2a(9) - Ba Ria Town, Long Huong Ward

Sr Compensation Components Unit Unit Price Quantity Amount No VND

1 Permanent Acquisition Land

Garden Tree

Pepper Tree 100,000 1 100,000 Sub-total 1 700,500

2 Temporary Acquisition Land

Cashew Tree 165 000 2 330 000 - Banana Tree 10,000 1 10.000 Sub-total 2 361.000

Total 1,061,500

Table 9.5.2a(10) - Xuyen Moc District, Xuyen Moc Commune

-

Sr Unit Unit Price Quantity Amount No Compensation Components VND

1 Permanent Acquisition Land

Garden m2 60 000 16 960 000 Tree

Eucalyptus . , . . . . . . . . . . .. . . . . . . . . . ... ... ........ ... ..... . -. ........... .. .. . . .. . . . . . . . . . ....... .. ........ . .. . . .. . ........... .. ....

Cashew

Tree

Tree Tree 50.000 1 50.000

Longan Tree 560,000 1 560,000 Sub-total 1 1,745,500

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2 Temporary Acquisition Land

Tree 10 500 2 21 000

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

Banana Tree 10,000 6 60,000 Sub-total 2 1,576,000

Total 3,321,500

Table 9.5.2a(11) - Xuyen Moc District, Phuoc Buu Township

Sr Compensation Components Unit Unit Price Quantity Amount No VND

1 Permanent Acquisition Land

Garden Tree

Tree 10 500 1 10 500 ......... ..

Cashew Tree 165.000 2 330.000

Banana Tree 10.000 2 20.000 Sub-total 1 2,170,500

2 Temporary Acquisition Land

Garden m2 215 Tree

Cashew Tree 165 000 2 330 000

Lonean Tree 560.000 2 1.120.000

Banana Tree 10,000 7 70,000 Sub-total 2 2,050,000

Total 4,220,500

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Resettlement Plan

Table 9.5.2b - Summary of Compensation

Sr No DistrictlCommune Land lost Tree Crops Total

1. ChPu D ~ C

1.3 Binh Ba 920,000 2,496,500 248,000 3,664,500 Sub-total 1 2,520,000 5,878,500 404,000 8.802.500

2. Dht D6 2.1 Phuc?c Hai township 620,000 1,620,500 2,240,500

Sub-total 2 620,000 1, 620,500 2,240,500

3. Long Diin 3.1 Ph&c H m g 1,200,000 1,707,500 2,907,500

Sub-total 3 1,200,000 1,707,500 2,907,500

4. Vlng Tau City 4.1 Ward 1 1 1,680,000 692,000 2,372,000

Sub-total 4 1,680,000 692000 2,372.000

5. BA &a Town 6520000 23 099 500 64 000 29 683 500

5.3 Long H m g ward 590,000 471,500 1,061,500 Sub-total 5 8,290,000 2 7,663,500 64,000 36,017,500

6. XuyEn Mac 6. 1 Xuygn Moc 960,000 2,361,500 3,321,500

... ......... .. . .. . . .. . .. ... .... .. . . . . ... ..... . . . .. ..... . .. ... ....... .. . .. . . ............ .. . ......... . .. . .............. . . . . . . ......... -.......... . ... ..... ... .. . ... ..... ... ...... - - .. . -. . . .. . ............ ...... ... . ... . ....... .. . ..... .... ........ .. ..... ,. . . . ...... . .. ... . . ........ .. . .. . .......... . . .........., , ., , ,., ., , , , , .. . ,. , , .. ,. ... ... .... ... ... . . . . .. . .. -. ...... ,. ,

6.2 Phztbc B h townshp 1,200,000 3,020,500 4,220,500

Sub-total 6 2,160,000 5,382,000 7,542,000

Total 16,470,000 42,944,000 468,000 59,882,000

9.5.3 Management

Management

Cost for staff of PMB and CRCs includes in : physical basic salary and allowance for administrative organization. The local PMB and CRCs shall undertake many works during the project implementation and only some members will be contracted to work for a certain period of time.

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PC2 PMB Provincial CRC City CRC Town CRC District CRCs Township People's Committees Commune People's Committees Ward People's Committees

2 staff x 3 months = 2 staff x 1 month =

1 staff x 1 month =

1 staff x 1 month =

(1 x4) staff x 1 month =

(1 x2) staff x 1 month =

(1x6) staff x 1 month =

(1 x3) staff x 1 month =

Total 25 m/m

Notes The fiinctions mentioned above do not necessarily work full time for the whole duration of the RP implementation. Therefore, the madmonth is estimated for the actual working time of certain fiinction that may spread from the com- mencement till completion of RP implementation. It is understood that PMB hnctions may cover 6 months after the completion of the subprojects along with the Independent Monitoring Agency.

Estimated total cost of Management (including basic salary, allowances, traveling, meetings and admin expenses)

Trainings. workshop, information campaign etc.

One intermediate training course and one primary training course are proposed to be organized right at the beginning of the RP implementation and one workshop is pro- posed to be held at the commencement of the actual payment of compensation.

Considering the convenient for the local management of the project related localities, the training courses and workshops are proposed to be organized within a short course of time i.e. 1-2 days in Ba Ria - Vung Tau.

Estimated total cost of training courses and workshops (including TAs, documentations, admin fees)

50,000,000 VND. 9.5.4 Monitoring

When carrying out the project, PMB of PC2 will enter a contract with an independent external monitoring agency to carry out the external monitoring. Since cost of moni- toring work has not yet envisaged in detail, it is estimated at about 2% of total cost of compensation and RP preparation. The interested independent external monitoring agency will prepare the technical and financial proposals for bidding and actual cost will be decided through procurement for independent monitoring.

9.5.5 Contingency

Considering the expected time of actual RP implementation (expected during 2009) and experience from the implemented and on-going implementing projects of similar -..

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nature, the rate for contingency is estimated about 20% of total cost of compensation and RP preparation.

9.5.6 Total Cost of RP Implementation

Table 9.5.6 - Total Cost Estimates of RP Implementation

Unit : VND

Components Total Amount

2. Compensation

Permanently affected trees ............................................................. ................. ................................... .............................. .............................................................................. ....

Sub-total 2 59,882,000 I

3. Management 1

Sub-total 3 1 150,000,000 I

Sub-total 4 1 6,O 76,866 I

Grand Total (1+2+3+4+5) 1 520,688,830

Notes

• Budget for RP implementation will be from the counterpart h n d : EVN.

• The 'Rehabilitation' component is not exist in the estimated cost of RP imple- mentation since there is not any residential land, houses/stmctures affected or any physically displaced people in this subproject.

• The interested independent external monitoring agency will prepare the tech- nical and financial proposals for bidding and actual cost will be decided through procurement for independent external monitoring agency.

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10. Disclosure

Drafts of Policy Framework and Entitlement Matrix have been disclosed at the People's Committees of 6 communes + 3 wards + 2 townships belong to 4 districts + 1 town and 1 city of the project areas in Ba Ria - Vung Tau province.

All feedback from local authorities and DPs are integrated in this RP

Draft of RP has been disclosed at the office of the Ba Ria - Vung Tau Provincial People's Committee, EVN and the Vietnam Development and Information Center (VDIC) of the World Bank office in Hanoi.

The final RP will be cleared by the WB and approved by EVN and the Ba Ria - Vung Tau provincial People's Committee.

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Project Areas

Policy Framework

Entitlement Matrix

Agreements on T/L Routes

Community Meetings and Samples of Minutes of Community Meetings

Samples of 'Questionnaire'

Sample of 'Pamphlet'

Housing Categories (Vietnamese Construction Standards)

Inventory of Project Affected People

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Appendix 1

Project Areas

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Resettlement Plant

Appendix 2

Policy Framework

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VN-Rural Distribution Project: Policy Framework for Compensation, Resettlement and Rehabilitation July, 2007

POLICY FRAMEWORK FOR COMPENSATION, RESETTLEMENT AND REHABILITATION OF PROJECT AFFECTED PERSONS

(Final Version)

TABLE OF CONTENTS

Section 1: Introduction

A. The Project B. Policy Framework C. Project Affected People D. Principles and Objectives E. Inventories F. Resettlement Action Plans

Section 2: Institutional and Legal Framework

A. Institutional Framework B. Legal Framework

Section 3: Entitlement Policy

Section 4: Site selection, site preparation, and relocation

Section 5: People's Participation

Section 6: Baseline Information

A. Inventories B . Resettlement Action Plans

Section 7: Implementation Arrangements

A. Implementation Schedules B. Complaints and Grievances C. Supemision, Monitoring and Evaluation

Section 8: Costs and Budget

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SECTION 1 INTRODUCTION

A. The Project

1. Objectives: The objective of the proposed project would enable the supply of sufficient power of acceptable quality to the rural retail level.

2. Preliminary project description: The project would focus on rehabilitating and increasing the capacity of existing distribution lines and substations and standardizing them to 110, 35 and 22kV to enable them to meet the growing demand more efficiently, provide better quality and quantity of electric power for productive uses, and reduce power system losses.

Based on suitability and priority of the subprojects and the interest expressed by the PCs, the project would have up to 7 components, one per participating PC. The proposed project would cost about US$158.5 million, of which about US$107 million would be financed by IDA. It would be implemented by Power Companies (PCs) under the supervision of EVN.

3 . To implement subprojects components, land acquisition will be required. However, rehabilitating and increasing the capacity of existing distribution lines and substations would not cause large scale of land acquisition and resettlement. For the ownership and implementation arrangements, separate Resettlement Plans (RPs) will be prepared prior to the appraisal one for each participating PC.

B. Policy Framework

4. This resettlement policy framework prepared based on the PO/BP 4.12 of the World Bank on involuntary resettlement (December, 2001). The principle objective of the Policy Framework is to ensure that all displaced persons (DP's) L will be compensated for their losses at replacement cost 2: and provided with rehabilitation measures to assist them to improve, or at least maintain, their pre-project living standards and income earning capacity.

5. The Policy Framework lays down the principles and objectives, eligibility criteria of DP's, entitlements, legal and institutional fiamework, modes of compensation and rehabilitation, peoples participation features and grievances procedures that will guide the compensation, resettlement and rehabilitation of the DP's.

C. The Displaced Persons (DPs)

6 . The DP's include the following persons to be identified by the baseline information collected for each Resettlement Plans (RPs):

(a) persons whose houses are in part or in total affected (temporarily or permanently) by the project;

(b) persons whose residential and premise and/or agricultural land is in part or in total affected (permanently or temporarily) by the project;

(c) persons whose businesses are affected in part or in total (temporarily or permanently) by the project; and

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(d) persons whose crops (annual and perennial) and trees are aflected in part or ill

total by the Project.

D. Principles and Objectives

7 . The principles outlined in the World Bank's Operational Policies 4.12 (OPBP 4.12) have been adopted in preparing this Policy Framework. In this regard the following principles and objectives would be applied:

(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible.

(b) All DP's residing, working, doing business or cultivating land in right of way (ROW) of transmission line (TIL), surrounding areas of tower foundation, the substation areas, in the service roads under the project as of the date of the baseline surveys are entitled to be provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, income earning capacity and production levels. Lack of legal rights to the assets lost should not bar the DP from entitlement to such rehabilitation measures.

(c) The rehabilitation measures to be provided are: (i) compensation at replacement cost, without deduction for depreciation or salvage materials for houses and other structures; (ii) agricultural land for land of equal productive capacity acceptable to the DPs or in cash at replacement cost according to DP's choice ; (iii) replacement of residentiallpremise land of equal size acceptable to the DP or in cash at replacement cost according to DP's choice; and (iv) transfer and subsistence allowances.

(d) Replacement residential and agricultural land will be as nearby as possible to the land that was lost, and acceptable to the DPs.

(e) The resettlement transition period will be minimized and the rehabilitation means will be provided to the DP's prior to the expected start-up date of works in the respective project sites.

(f) Plans for acquisition of land and other assets and provision of rehabilitatio~ measures will be carried out in consultation with the DPs, to ensure minimal disturbance. Entitlements will be provided by DPs prior to expected start-up of works at the respective project site.

(g) The previous level of community services and resources will be maintained or improved.

(h) Financial and physical resources for resettlement and rehabilitation will be made available and as where and when required.

(i) Institutional arrangements will ensure effective and timely design, planning, consultation and implementation of I P S .

fi) Effective and timely supervision, monitoring and evaluation of the implementation of RPs will be carried out.

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E. Resettlement Plan (RP)

8. The scope and level of detail of the resettlement plan vary with the magnitude and complexity of resettlement.

Abbreviated Resettlement Plan

9. In case impacts on the entire displaced population are minor, 3 or fewer than 200 people are displaced, an Abbreviated Resettlement Plan (ARP) will be prepared by the respective PCs (under EVN) and consolidated by the project provinces for any given project phase and furnished to the World Bank for its concurrence.

10. Each Abbreviated Resettlement Plan will cover the following minimum elements: (1) a census survey of displaced persons, and valuation of assets; (2) description of compensation and other resettlement assistance to be provided: (3) consultation with displaced persons about acceptable alternatives; (4) institutional responsibility for implementation and procedures for grievances redress; and (5) a timetable and budget. In the case some displaced persons, lose more than 10% of their productive assets or require physical relocation, the plan also covers a socioeconomic survey and income restoration measures.

11. The Abbreviated Resettlement Plan will be completed by no later than four months prior to the estimated date -for commencement of the works under the project phases. Each Abbreviated Resettlement Plan will be ficrnished to the World Bank for consideration no later than three months prior to the actual initiation of the works under the Project. Compensation, resettlement and rehabilitation activities will only commence after the World Bank has found acceptable the respective Abbreviated Resettlement Plan and the EVN has approved i t m e compensation, resettlement and rehabilitation activities will be completed before awarding the contracts o f civil works under each sub-project.

Resettlement Plan

12. In case more than 200 people are affected by the project, a full Resettlement Plan (RP) will be prepared by the respective PC in accordance with the provisions of this Policy Framework. The RP will be furnished by PC under EVN to the World Bank for its concurrence.

13. Each RP will include: (1) description of the project; (2) project potential impacts; (3) objectives; (4) socio-economic studies; (5) legal framework; (6) institutional framework; (7) eligibility; (8) valuation and compensation for losses; (9) resettlement measures; (10) site selection, site preparation and relocation; (1 1) housing, infrastructure, and social services; (12) environmental protection and management; (1 3) participation and consultation; (14) integration with host populations; (1 5) grievances procedures, (1 6) organizational responsibilities; (1 7) implementation schedule; (1 8) cost and budget; and, (19) monitoring and evaluation.

14. Each RP will be completed by no later ti~an six months prior to the estimated date for commencement o f the works. Each RP will be-brnzshed to the World Bank-for consideration b y no later than three months prior to the actual leitiation o f the works under the Project. Rehabilitation and assistance activities will only commence after the World Bank has found acceptable the respective RP and EVN has approved it. Rehabilitation and assistance activities will be completed before awarding contracts of civil works under each sub-project.

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SECTION 2 INSTITUTIONAL AND LEGAL FRAMEWORK

A. Institutional Framework

15. The responsibility for preparing and implementing the Policy Framework and RPs are as follows:

(a) The overall responsibility for enforcement of the Policy Framework and for planning and implementing RPs rests with PCs under EVN. The PCs and their Project Provincial Powers (PPPs) are responsible for carrying out census, socioeconomic survey and inventories and preparing RPs and for the day-to-day implementation thereof within their respective jurisdiction. The people's committees at the district and commune levels will participate in the RP preparation and implementation. These administrative units will also ensure the active and effective participation of the DPs in the RP preparation and implementation. In order to have RPs acceptable to the World Bank and to implement RP smoothly, PCs under EVN are responsible for i) hiring qualified consultants to prepare RPs; ii) appointing qualified social safeguard staff at each PC and its Project Management Board (PMB) and Compensation and Resettlement Committees at provincial and district levels.

(b) Funds for compensation will be from EVN and budgetary requirements for economic restoration, other assistance would be either from counter part hnds or from IDA.

B. Legal Framework

16. This section reviews the legal framework and policies of the Government of Vietnam and IDA policies related to land acquisition, compensation and resettlement. It then compares the two approaches. Since there are differences between the WB's policy and the Vietnamese's, the project requires a waiver of the Vietnamese Government articles of decrees and regulations concerning compensation and resettlement. Subsequently, compensation and resettlement plans will be implemented according to the project policies.

17. The Legal Framework of the Government of Vietnam: The key national laws, decrees governing land acquisition, compensation and resettlement in Vietnam consists of the following:

The Constitution of Vietnam, 1992 confirms the right of citizens to own a house and to protect the ownership of the house.

The Land Law 2003 issued on December loth, 2003

Decree 181/2004/ND-CP issued on October 29, 2004 guiding the implementation of the Land Law revised 2003.

Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the state.

Circular 116/2004/TT-BTC issued on December 7, 2004 guiding the implementation of compensation, support and resettlement when land is recovered by the State.

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Decree 188/2004/ND-CP issued on November 16, 2004 on methods to determine land prices and assorted land price brackets.

Circular 114/2004/TT-BTC issued by November 26, 2004 guiding the implementation of the Government's decree No 188/2004/ND-CP

Decree 17/2006/ND-CP dated January 27, 2006 on revision and supplementation of some regulations in decrees guiding the implementation of the Land Law.

Decree 84/2007/ND-CP dated May 25th 2007 on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress.

18. World Bank Policy on Involuntary Resettlement (OPIBP 4.12)

1 . The primary objective of the World Bank policy is to explore all alternatives to avoid or at least minimize involuntary resettlement. Where resettlement is unavoidable, the living standards of displaced persons should be restored or improved relative to those conditions that prevailed prior to the Project. The policy applies to the taking of land and other assets when land acquisition results in the loss of shelter, the loss of all or part of productive assets, or access to them, and the loss of income sources or other means of livelihood.

18.2 Measures required to ensure that resettlement has a positive outcome include:

Consulting with potential Project-affected people on feasible measures for resettlement and rehabilitation;

Providing Project-affected persons with options for resettlement and rehabilitation;

Enabling their participation in planning and selecting these options;

Providing compensation at fbll replacement cost for losses;

Choosing relocation sites that provide, at a minimum, the same benefits and services as the sites they replace;

Providing allowances, training and income support to assist in making a smooth transition;

Identifying vulnerable groups and providing special assistance to these groups; and,

Establishing an institutional and organizational structure that supports this process to a successfbl end.

18.3 Eligibility Criteria and Compensation:

18.3.1 The displaced or project-affected people eligible for compensation will include: (a) those who have formal legal rights to land or other assets; (b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and (c) those who have no recognizable legal right or claim to the land they are occupying.

18.3.2 Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under (c) are provided resettlement assistance, 4 in

-

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lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objectives set out in this policy, if they occupy the project area prior to a cut-off dates defined in RPs. Persons who encroach on the areas after the cut-off date 5 defined in RPs are not entitled to compensation or any other form of resettlement assistance.

19. Valuation of and Compensation for Losses: The methodology to be used in the valuation of losses for Bank-associated Projects is based on their replacement cost. In this Project, losses comprise land, structures and other assets. Replacement cost for land includes the value of land at market price plus the cost taxes and fees to get Land Use Right Certificate (LURC). For houses and other structures, the market cost of the materials should be used to calculate the replacement cost to build a replacement structure with an area and the quality should be at least as good as those affected. For both totally and partially affected structures, compensation includes market cost of material, plus the costs of material transport, labor and contractor fees, registration and transfer taxes. Depreciation of the asset and amount saved in materials will not form a part of replacement cost.

20. Comparison between Government of Vietnam and World Bank Approaches

There are a number of ways in which the approaches of the Vietnam Government - either in policy or practice - are compatible with World Bank guidelines. The most important compatibilities are:

Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses.

Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two.

Resettlement sites offer not only better improved infrastructure and services but represent a higher standard of living.

Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal.

Differences between the approaches and measures that need to be addressed within the program also exist. However, in this context, procedures exist within national and City governments that allow the granting of waivers of domestic law on specific projects that may be in conflict with that of the fbnding agency.

On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible. The government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes anJ fee for land use right registration from 15 October 1993 (Item 49, 50 of Article 42, of 2003 Land Law)

Compensation at replacement cost is ensured.in Art 6 of Decree 197/2004/ND-CP dt. Dec 3rd 2004 that ". . .people who have land being acquired shall be compensated with land of similar land use purpose. If there is no land for compensation, cash compensation equal to land use rights value at the time of land acquisition shall be applied. If there is many differences in value, in case of compensation by new land or house, such difference shall be settled in cash" and Art 19 in the same Decree states that "...house and structure of domestic use of household or individual shall be compensated with the value of construction of new house, structures of similar technical standard".

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C. Required Waivers

21. In order to meet the requirements of the World Bank OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to rehabilitation and or assistance to households without proper land paper, will be waived.

The articles of law and regulations that will be waived are mentioned below:

22. Eligibility to Compensation - Decree 197/2004/ND-CP dt. Dec 3rd 2004

22.1 Article 7: @?on eligible persons to compensation of land) stipulates that "The person whose land is recovered and who has not met one of the conditions stipulated in Article 8 of this Decree; land assignment by State without land use fee or land use fee got from State budget; or who has violated the plan already ratified by the competent level, and such violation has been announced, or who violates the corridor protecting work, or who illegally occupies land shall not receive compensation when the state recovers the land. The People's Committee of province or City directly under the Central Government shall consider and make decisions on a case by case basis".

22.2 Article 18 (item 3,4) and Article 20 (item 2b, c) (Principle for compensation of lost properg): fi) Houses and structures on non-eligible for compensation land, which have not violated announced land use plan or right out way will be assisted at 80% of replacement cost; (ii) Houses and structures on non-eligible for compensation land, which have violated announced land use plan or right out way will not be assisted. If necessary, PPC will consider on the case by case basic.

22.3 Article 28 (item 1,2) and Article 29 (item 1) of Decree 19712004ND-CP (Assistance Policy for rehabilitation): DPs losing more than 30% of productive land will be entitle to living stabilization and trainingljob creation assistance.

22.4 To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 20, 28 and Article 29 of Decree 19712004ND-CP is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy.

23. Price of Land for Calculation of Compensation:

23.1 According to Vietnamese Regulation, calculation the unit price for land compensation will be on GOV Decree 197/2004/ND-CP and 18812004ND-CP along with their Guidance (Circular 1 16lTT-BTC and Circular 1 1412004lTT-BTC)

23.2 Article 9 of Decree 19712004ND-CP dt.Dec 3rd 2004: This article state that land price for compensation calculation is the land price in the respect of land use purpose at the time of land acquisition, promulgated by the provincial People's Committee in line with GoV regulation (within GoV's range of minimum and maximum price).

23.3 Article 2 of Decree 18812004lND-CP dt. Nov 1 6 ~ 2004:: This article states that the land price shall be defined by the Provincial People's Committee and/or cities directly under the central government.

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23.4 To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by Project Provinciallcities People's Committee will be adjusted to meet the replacement cost.

The compensation unit price established by provincialldistrict CRCs, provincial DOFs, DOCS and approved by provincial People's Committee may be adjusted to meet the replacement cost, by the time of compensation, to ensure the objectives of RP policy are met.

24. Assistance Policv for DPs who Rent Houses from the Government - Decree 19 7/2004/ND-CP d t . ~ e c 3rd 2004

24.1 Article 21: This article state that the DP who rent GoV house and has to be relocated by shelf relocation will be assisted by cash at rate aqua1 to 60% of the cost of currently rented house and 60% of the cost of land value, in case of no resettlement houses to be arranged for them.

24.2 To ensure that the objectives of the policy are met, a special decision of the Government of VietNam regarding waiver of Article 21 of Decree 197/2004/ND-CP is needed to permit assistance and rehabilitation measures for DPs who share rented government housing as proposed in this policy.

25. Government Commitment - Decree 13 1/2006/ND-CP dt. Nov gth 2006 on guiding the ODA management (revision of Decree 191200 1/ND-CP dt May 4th 200 1) and Decree 197/2004/ND-CP dt Dec. 3rd 2004

25.1 Article 2 (item 2.5) of Decree 131/2006/ND-CP: This article state that "in the case of international agrrement ODA have been signed between Government and Sponsor stipulate other contents, the international agreement will be prevail.

25.2 Article 1 (item 2) of Decree 19/2001/ND-CP states that: "in the case of international agrrement ODA have been signed between Government and Sponsor stipulate other contents, the international agreement will be prevail"

25.3 The waiver will be approved by Government in the decision of the project investment before negotiation. The Project Provincial People's Committee will issue official letter for their agreement in implementing the policies set forth in RP.

SECTION 3 ENTITLEMENT POLICY

26. DP's will be entitled to the following types of rehabilitation and assistance measures:

(a) DPs losing agricultural/productive land and crops

(i) if the portion of the land to be lost represc:its 10% or less of the total area of the landholding, and the remaining land is still a viable economic holding, cash compensation, at full replacement cost for the acquired area may be provided to the DP

(ii) if the portion of the land to be lost more than 10% of the total area of the landholding and the remaining holding is not viable then the project will acquire the entire landholding and providc: "land for land" arrangements

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of equal productive capacity, satisfactory to the DP. However, if the DP prefers to receive cash instead of land, then cash compensation at replacement cost is applied.

(iii) DP's will be compensated for the loss of standing crops at market price, productive trees will be compensated at replacement cost.

(iv) DP's whose land is temporarily taken by the works under the project will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure. Land will be rehabilitated after the project construction by each PC and its PMB.

(b) DPs losing residential land and houselstructure

(i) The mechanism for compensating loss of residential land and structures will be: (1) the provision of replacement residential land (house site and garden) of equivalent size, satisfactory to the Dl-' or cash compensation at replacement cost according to DPs' choice; and (2) cash compensation reflecting full replacement cost of the houselstructures, without deduction for depreciation or salvage materials or compensate in kind according to DPs' options.

(ii) If residential land is only partially being affectcd by the project. and the remaining areas are not sufficient for reorganizing DP's house then at the request of the DP, the entire residential land will be acquired at full replacement cost.

(iii) If houselother structure is only partially being affected by the project and the remaining areas are not convenient to using, the house/ structure will be acquired at full replacement cost, without depreci'.~ion.

(iv) Tenants, who have leased r; house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area, and will be assisted in identifying alternative accommodation.

(c) DPs losing business

(i) The mechanism for compensating loss of business will be: (1) the provision of alternative business site of equal size and accessibility to customers, satisfactory to the DP; (2) cash compensation for lost business structure reflecting full replacement cost of the structures, without depreciation; and (3) cash compensation for the loss of income during the transition period.

(d) DPs will also be provided compensation at full replacement cost, without deduction for depreciation and salvage materials for any other fixed assets affected in part or in total by the project, such as tombs and water wells, etc.

27. In cases where community infrastructure such as schools, factories, water sources, roads, sewage systems is damaged, the PPC of the project provinces and E .'N will ensure that these would be restored or repaired as the case may be, at no cost to the com:nunity.

28. Besides the direct compensation for the losses, DPs also will be entitled to additional assistance (subsidieslallowances) as stipulated in the Decree No.l9712004/ND-CP. These subsidies1 allowances are as below:

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a) Transportation allowance

Article 27, all DPs relocating within the province are entitled to a maximum allowance of 05 million VND. All DP relocating out of the province are entitled to a maxmum allowance of 0 5 million VND. This subsidy allowance is for the transportation of their salvageable materials and living facilities. All DP relocating and while waiting for establishment of new resettlement residences at resettlement sites are (i) to be provided with temporary residence or (ii) temporary rent cost.

b) Subsistence allowance for relocating

Article 28: (i) all DPs relocating within province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months, (ii) all DPs relocating out of province shall receive a cash allowance equal to :'O kg of rice per month i-1 uninterrupted 06 months; (iii) All DPs who are in a sevc. 2 socioeconomic difficulty or who relocating to areas of socioeconomic difficulty sl.all be receive cash allowance equal to 30 kg of rice per month in uninterrupted 12 months.

c) Restoration allowance

DPs, who are permanently affected more than 10 % of GI-oductive land or incomes, will be entitled to trainings or other economic restoration programs at about VND 1,500,000 for household.

d) Relocation bonus

A bonus of maximum 5 million will be awarded to DP who dismantle their houses and vacate their premises in accordance with the resettleiilent schedule of will get 1 maximum bonus of 5,000,000 VNDi HH.

29. By the nature of the project impacts, the potential impacrcd categories are classified into seven (07) categories. The entitlement matrix is attached (see Annex 1)

30. Voluntary Donation. For the rehabilitation/expansion of Low Voltage System, where there are DPs who would be marginally affected on residential I;>*-dlother assets and who may choose to contribute affected landlassets in lieu of a cash contri b ~ i o n for the project construction, a procedure for determining and documenting thc voluntary nature of the contribution are as follows:

step 1: Local authorities clearly inform to all DP about this project resettlement policy, and the actual entitlement to compensation.

step 2: Volunteer DPs sign in the DMS a.id Entitlemcr- ' ~ r m s for the affected assets and asset(s) which they choose to contribute for the plr,,'.:. ., and these forms will be filed in ProvincialLDistrict Compensation Committeci' .j;.ices.

step 3: a sample of about 20% of volunteer households will be checked by independent monitoring agencies at the beginning times oTRPs implementation and reports of independent monitors on this matter will be s~:I)mitted to IDA for its concurrence.

The above procedure will also be clearly guided hi Project 111;~;: .:.. entation Manual (PIM).

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SECTION 4: SITE SELECTION, SITE PREPARATION, AND RELOCATION

3 1. If there are families have to be relocated because of the project impacts and resettlement sites are required. The PCs and local authorities will clearly describe in RP about alternative relocation sites considered and explanation of those selected, covering:

(a) institutional and technical arrangements for identifying and preparing relocation sites, for which a combination of productive potential, location advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resourca;

(b) any measures necessary to prevent land speculation or inilux of ineligible persons at the selected sites;

(c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and

(d) legal arrangements for regularizing tenure and transferring titles to resettlers.

(e) housing, infrastructure, and social services. Plans to provide (or to finance resettlers' provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services); plans to ensure cornparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. ( f ) a description of the boundaries of the relocation area; an2 ,:n ~~ssessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the en.iironmenta1 assessment of the main investment requiring the resettlement).

SECTION 5 PEOPLE'S PARTICIPATION

32. The local authorities and its relevant organizations, DPs and host communities will participate throughout the various stages of the planning and implementation of RPs. The DPs will be filly informed of the provisions of this Policy Framework at public meetings held by the respective PC, its PMB and local authorities.

33. Each DP will be hl ly informed and consulted by the relevant District Peoples' Committee and/or Communes Peoples' Committees of their entitlements and rehabilitation choices under the respective .

SECTION 6 BASELINE INFORMATION

A. Census and Inventory

34. The baseline information will include the following information for each household:

(a) number of persons and names;

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number, type, and area of the houses lost;

number and area of all the residential plots lost;

number, category and area of agricultural land lost;

quantity and types of crops and trees lost;

businesses lost including structures, land and other fixed assets;

productive assets lost as a percentage of total productive assets;

quantity and category of other fixed assets affected by each sub-project; and

temporary damage to productive assets.

The proposed census and inventory form is attached (see Annex 2)

B. Resettlement Plan

35. The baseline information for a RP will include: (a) an Census and Inventory (see above); and (b) a detailed socioeconomic survey of all DP's describing their age, sex, ethnicity, education, occupation, sources of income, and total household income.

36. The entitlements of DPs will be calculated based on the above information.

SECTION 7 IMPLEMENTATION ARRANGEMEBTS

A. Implementation Schedule

37. A detailed implementation schedule of the various activities to be undertaken will be included in each RP. The RP implementation schedule must be developed based on the linkage to the civil work implementation schedule.

38. Payment o f rehabilitation and furnishing .of other restoration/assistance entitlements (in cash or in-kmd), and relocation if that be the case, have to be completed ~ r i o r awarding contracts for civil works.

B. Institutional Arrangement

39. PCs and all project provinces will arrange adequate and experience staff to make sure that RP will be implemented smoothly as approved schedules.

C. Complaints and Grievances

40. Complaints and grievances related to any aspect of RP implementation, including the determined the quantity and price of the lost assets, will be handled as follows:

First step: If any person is aggrieved by any aspect of the resettlement and rehabilitation

program, he/she can lodge an oral or written grievance with commune authorities. Commuri: People's Committee will resolve the issue within fifteen days from the date it receive the complaint.

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Second step: If any aggrieved person is not satisfied with the decision in stage 1, helshe can bring

the complaint to the District People's Committee (DPC) or District Resettlement Committee (DRC) within fifteen days from the date of the receipt of the decision in stage 1. The District People's Committee (DRC) or District Resettlement Committee (DRC) will reach a decision on the complaint within fifteen days.

Third step:

If the DP is still not satisfied with the decision at district level, hclshe can appeal to the Provincial People's Committee (PCC) or Provincial Resettlement Committee (PRC) within 15 days of receiving the decision of the DPC or DRC. The Provincial People's Committee (PRC) or Provincial Resettlement Committee (CRC) will reach a decision on the complaint within fifteen days.

Fourth step:

If the DP is not satisfied with the decision of the Provincial level, the case may be submitted for consideration by the District Court within 15 days of receiving the decision of the PPC or PRC.

41. DP's will be exempted from all administrative and legal fees.

D. Supervision, Monitoring and Evaluation

42. Implementation of RPs will be periodically supervised s11d monitored by the respective PCIits PMB in a close coordination with the respective Peoples' Committees at different administrative units and independent monitoring agencies The findings will be recorded in quarterly reports to be furnished to EVN, PCs and Project Provincial Powers.

43. Internal monitoring and supervision will:

(a) Verify that the baseline information of all DP's has been carried out and that the valuation of assets lost or damaged, and thc provision of compensation, resettlement and other rehabilitation entitlements lias been carried out in accordance with the provisions of this Policy Framework and the respective .

(b) Oversee that the RPs are implemented as designed and approved.

(c) Verify that funds for implementing the RPs are provided to the respective PMBs in a timely manner and in amounts sufficient for t l l~ i i purposes, and that such funds are used by the respective PIVIB's in accordarlce with the provisions o f .

(d) Record all grievances and their resolution and ensure that complaints are dealt with in a timely manner.

44. Independent Monitoring: An independent agency or agcl;cies or individual consultant will be retained by PCs of EVN to periodically carry out externzl morlitoring and evaluation of the implementation of RPs. The independent agencies will be ac.ldemic or research institutions, non-Governmental Organizations (NGO) or independent consulting firms, all with qualified and experienced staff and terms of reference acceptable to the World Bank.

45. In addition to verifLing the information furnished in the internal supervision and monitoring reports of the respective PCs, the external monitori:.,; agency wili visit a sample of 20% of household DPs in each relevant province six months aAc. each imp1c:nentation to:

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(a) Determine whether the procedures for DPs participation and delivery of compensation and other rehabilitation entitlements has been done in accordance with this Policy Framework; and

(b) Assess if the Policy Framework objective of enhancement or at least restoration of living standards and income levels of DPs have been met.

(c) Gather qualitative indications of the social and economic impact of Project implementation on the DPs.

(d) Suggest modification in the implementation procedures of s, as the case may be, to achieve the principles and objectives of this Policy Framework.

SECTION 8 COSTS AND BUDGET

46. Each RP will include detailed cost of rehabilitation and other restoration/assistance entitlements and relocation of DPs, if that be the case, with a breakdown by agricultural land, residential land, business land, houses, businesses and other assets. The cost estimates will make adequate provision for contingencies.

47. Sources of hnding for the various activities will be clearly specified in the cost tables. For Rural Distribution sub-projects, hnds for implementing RPs will be from counterparts: EVN and/or PCs will arrange budget for implementing lU9s.

Annexes

1. Annex 1 : Entitlement Matrix 2. Annex 2: Proposed Inventory form of Project Affected People

Note: LThe term "displaced persons" refers to persons who are affected in any of the ways described in para. 7(c) and 19.3.1 of this RPF.

2 "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replacelost assets and cover transaction costs. In applying th~s method of valuation, depreciation of structures and assets should not be taken into. For losses that cannot easily be valued or compensated for in monetary terms (e.g., access to public services, customers, and suppliers: or to fishi~ig, grazing, or forest areas), attempts are made to establish access to equivalent and culturally acceptable resources and earning opportunities. Where domestic law does not meet the standard of compensation at full rep!acement cost, compensation under domestic law is supplemented by additional measures necessary to meet the replacement cost standard.

3 "Entire displaced population are minor": Impacts are considered "minor" if the affected people are not displaced and less than 10% of their productive assets are lost.

4 Resettlement assistance : Resettlement assistance may conskt of land, other assets, cash, employment, - and so on, as appropriate.

5 the cut-off date: Normally, the cut-off date is the date the census begins. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plarlt

Appendix 3

Entitlement Matrix

Power Company 2 Power Engineering 8 Consulting Center

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Resettlement Plan

Appendix 3 - Entitlement Matrix

Temporary acquisition of productive land in ROW

Sr No

All DPs have trees, crops, other assets in ROW

DPs withiwithout LURC included in the inventory or able to prove land occupancy prior to the cut-off date.

Type of Loss

Cash compensation for affected perennial trees at the replacement cost plus cost for cutting trees and cash compensation for affected crops at market price. Number of crop patterns to be compensated based on the time of temporarily acquired of land.

No compensation for land.

Application

* Rehabilitate land after the proiect construction.

Trees have to be cut are regulated by the GOV Decree No. 106/2005/ND-CP dt. August 17,2005 on the protection of the lugh voltage networks.

Defi t ion of Entitled DPs

PMB and local authorities determine and ensure that compen- sation for perennial trees will be at the replacement cost and for crops at the market price. If DP is requested to cut the affected trees, PMB will pay money for this work and DP has the right to use the salvageable trees.

Full compensation at least 01 month before land clearance. Payment to DPs will be delivered by PMB and Compensation and Resettlement Committees (CRCs).

-

Compensation Policy -ppppp

Affected land in ROW will be rehabilitated by contractors after the project construction and land could be used with the restricted purposes.

-

Implementation Issues

Finance available for compensation and well information disclose/disseminate

Temporary acquisition of residential and garden land in ROW without house or structures built therein

All DPs with orchards or trees in ROW

Cash compensation for affected perennial trees at the replacement cost plus cost for cutting trees and cash compensation for affected crops at market price plus cost for cutting trees. Number of crop patterns to be compensated based on the time of temporary acquisition of land.

Trees have to be cut are regulated by the GOV Decree No. 106/2005/ND-CP dt. August 17, 2005 on the protection of the hgh voltage networks.

PMB and local authorities determine and ensure that com- pensation for perennial trees will be at the replacement cost and compensation for crops at market price. If DP is re- quested to cut the affected trees. PMB will pay money for this work and

Power Company 2 @ Power Engi~eering I ConsuFing Center Appendix 3

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/ No compensation for land.

Sr No

Rehabilitate land after the proiect construction.

DP has the right to use the salvageable trees. Full compensation to DPs at least 01 month before land clearance. Affected land in ROW will be rehabilitated by contractors after the proiect construction.

Type of Loss

Finance available for compensation and well information disclose/disseminate.

Application

I I

Temporary impact on residential and garden land. Partial house/ building within ROW (area in ROW less than 10% of total area) and the demolished area do not impact the remain- ing househuilding. Residential land and garden land outside of ROW is sufficient for re- or anizing (more than 60 F. m in the urban area and 100 m2 in the rural area).

All DPs have houseshuildings and treeslfruit trees in ROW

Def i t ion of Entitled DPs

I

House/building DP can opt for :

I ( Payment to DPs will be delivered by PMB and CRCs

(i) Remain their houses or buildings in ROW with the conditions regulated by the GOV Decree 106/2005/ND-CP dt. August 17, 2005 on the protection of the high voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or

Compensation Policy

(ii) Cash compensation for the directly affected rooms at the replacement cost and cost for demolishing an affected room.

Implementation Issues

No compensation for land.

Rehabilitate land after the proiect construction by contractors.

- - - -

House and building have to be demolished or could be existed are regulated by the GOV Decree 106/2005/ND-CP dt. August 17, 2005 on the protection of the high voltage net- works.

Consultation for DP's options on remaining their house in ROW or move out of ROW.

PMB and local authorities determine and ensure that com- pensation will be at the replacement cost, without deduction for salvageable materials.

DPs will demolish the impacted padroom and reconstruct andlor improve their houses themselves.

Full compensation for perennial trees at least 01 month before land clearance. If DP is requested to cut the affected trees, PMB will pay money for this work and DP has the right to use the salvageable trees.

Full entitlement to DPs impacted on househuilding at least 03 months before land clearance.

Power Company 2 @ Power Engineering l Consl.lting Center Appendix 3

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Resettlement Plan

I I I 1 Perennial trees I Payment to DPs will be delivered by PMB and CRCs.

Type of Loss

Cash compensation for affected perennial trees at the replacement cost plus cost for cutting trees price plus cost for cutting trees.

Application

Relocating allowance in cash equivalent to 30 kg of rice per person per month in six months.

I

Land in ROW could be used with restricted purposes.

Defi t ion of Entitled DPs

Finance available for compensation and well information discloseldisseminate.

I

Temporary impact on re- sidential and or garden land. Impact more than 10% or less than 10% of total househuilding area but the demolished area will impact the remaining of houselstructure. Land outside of ROW is suf- ficient for reorganizing (more than 60 m2 in the urban area and 100 m2 in the rural area).

Compensation Policy

I I Allowances I

All DPs have househuilding and treeslfruit trees in ROW

Implementation Issues

Houselbuilding DP can opt for :

(i) Remain their houses or building in ROW with the conditions regulated by the GOV Decree 10612005ND-CP dt. August 17, 2005 on the protection of the hlgh voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or

(ii) Cash compensation at replacement cost for full areas of impacted house1 buildmg.

No compensation for land.

Rehabilitate land after the project construction by contractors.

House and building have to be demolished or could be existed are regulated by the GOV Decree 106/2005/ND-CP dt. August 17,2005 on the protection of the high voltage net- works.

Consultation for DP's options on remaining their house in ROW or move out of ROW.

PMB and local authorities determine and ensure that compen- sation will be at replacement cost at the time of payment.

DPs will demolish the impacted areas and reconstruct and/or improve their houses themselves.

Full compensation for perennial trees to DPs at least 01 month before land clearance. If DP is requested to cut the affected trees, PMB will pay money for thls work and DP has the right to use the salvageable trees.

Full compensation for impacted house and allowances to DPs at least 03 months before land clearance.

Power Company 2 @ Power Engineering i% Consulting Center Appendix 3

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Sr No

Perennial trees Cash compensation for affected perennial trees at the replacement cost plus cost for cutting trees.

on residential andlor garden land in ROW. Full or partial househuilding impacted and land out- side of RO\" !: i:c! s::!' ficient for reorganizing (less than 60 m2 in the urban area and 100 m2 in the rural area)

Allowances Relocating allowance in cash equivalent to 30 kg of rice per person per month in six months.

Type of Loss

All DPs have house/building and trees, fruit trees in ROW

DPs can opt for one of the followings :

(i) Remain their houses or building in ROW with the conditions regulated by the GOV Decree No. 106/2005/ND-CP dt. August 17,2005 on the protection of the hgh voltage networks. Subsidy allowance for fireproof materials and lightning arrestors for the existing househuilding; or

Application

(ii) Cash compensation for the whole residential area whch DP occu- pied (not only for the impacted areas) and properties associated with occupied land at replacement cost. Impacted land will be ob- tained by local authorities; or

Payment to DPs will be delivered by PMB and CRCs

Defdtion of Entitled DPs

Cleared residential could be reused with restricted purposes.

Finance available for compensationlrehabilitation and well information disclose/disseminate.

Compensation Policy

House and building have to be demolished or could be existed are regulated by the GOV Decree No.l06/2005/ND-CP dt. August 17, 2005 on the protection of the high voltage. networks.

Implementation Issues

- Consultation for DP's options on remaining their house in ROW or move out of ROW.

PMB and local authorities determine and ensure that compen- sation will be at replacement cost at the time of payment. Replacement land and resettlement sites development.

DPs receiving compensation will demolish the impacted areas and reconstruct/or improve their houses themselves.

Full compensation for perennial trees to DPs at least 01 month before land clearance. If DP is requested to cut the affected trees. PMB will pay money for tlus work and DP has the ri&t to use the salvageable trees.

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Resettlement Plan

Sr No

(iii) "Land for land" with the same area DP occupied and cash at replacement cost for the affected

1 Perennial trees I Finance/land available for cornpensationirehabilitation and

Type of Loss

Full compensation for land impacted house and allowances to DPs at least 05 months before land clearance.

assets with land. Land occupied by DP will be obtained by local authorities.

Payment to DPs will be delivered by PMB and CRCs.

Cleared residential could be used with restricted purposes.

Relocating allowance in cash equiva- lent to 30 kg of rice per person per month in six months.

Application

Cash compensation for affected perennial trees at the rep1acement cost plus cost for cutting trees.

Allowances

Transportation allowance for reloca- ting DP according to the GOV Decree No. 197/2004/ND-CP dated Dec. 3, 2004.

well information disclose/disseminate.

PMB consults with DPs who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation.

Rehabilitation assistance if DPs per- manently losing business or more than 10% of their incomes.

Definition of Entitled DPs

Power Company 2 Appendix 3 & Power Engineering II ConstW'ling Center - 518 -

Compensation Policy Implementation Issues

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Permanent acquisition of land for tower founda- tions, substation and access roads etc.

Sr No

All DPs occupied land and properties associated with land permanently impacted by towers foundations, sub- stations and access roads etc.

I Rehabilitation assistance.

Type of Loss

For DP losing Productive land a. Land loss less than 10% of their

total landholdings

Cash compensation for the lost area if the remaining plot is still economically viable.

Cash compensation for the whole im- pacted plot if the remaining plot is not economically viable. Cash compensation for properties associated with land

b. Larzd loss 2 10% of their total landholdings :

Application

DP can opt for the followings:

(i) "Land for land" with the same area and productive of impacted area if the remaining plots are still econo- mic viable and for the whole im- pacted plots if the remaining plots , are not economic-viable or

(ii) Cash for land at the replacement I

cost.

Dermition of Entitled DPs

Cash compensation for affected perennial trees at the replacement cost plus cost for cutting

Consultation for DP's options on land compensation.

PMB and local authorities determine and ensure that compen- sation will be at replacement cost at the time of payment.

Replacement land and resettlement sites development.

DPs receiving compensation will demolish the impacted areas and reconstructlor improve their houses themselves.

Full compensation for industrial trees and fruit trees to DPs at least 01 month before land clearance. If DP is requested to cut the affected trees, PMB will pay money for this work and DP has the right to use the salvageable trees.

Compensation Policy

Full compensation for impacted house and allowances to DPs at least 05 months before land clearance.

Implementation Issues

No award of civil work contract before completion of com- pensation and reorganizing houses or relocation.

Payment to DPs will be delivered by PMB and CRCs

Financelland available for compensation1 rehabilitation and well information discloseldisseminate.

PMB consult with DP who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation.

DPs will be granted with Land Use kgh t Certificate without payment of administrative fees.

/7 Power Company 2 & P m e r Engineering li Consulting Center Appendix 3

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Resettlement Plan

For DP losing Residential and Garden land

If remaining land is sufficient for re- organizing (more than 60 m2 in the urban area and 100 m2 in the rural area) : Cash compensation for lost area and assets associated with land.

7

If remaining land is not sufficient for reorganizing :

DP can opt for (i) cash compensation at replacement

cost for land and assets on land, or

(ii) "land for land compensation for the whole residential area which DP occupied (not only for the im- pacted areas) and properties asso- ciated with occupied land. For affected house and building, the same entitlement to DP of cate- gories 3 or 4 or 5.

(a) Temporary impact on business or other services.

DP impacted on business or other services

Compensation for income lost in the affected time

Full compensation for incomes lost to DPs at least 0 1 month before land clearance.

DPs impacted on business and

PMB consults with DPs who are eligible to rehabilitation for their options and prepare proposal for rehabilitation programs in the period of RP implementation.

- do -

Power Company 2 Appendix 3 @ Power Engineeri.7 8, Consulting Center - 718 -

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Resettlement Plan

Permanent impacts on rented houses

Sr No

All DPs impacted on their rented houses for resi- dential purposes

DPs with house lease contract

Types of loss

(b) Permanent impact on business or other services.

Compensation for income lost in the transition period.

Rehabilitation assistance.

Application

Tenants who have rented a house for residential purposes will be provided with a cash grant of six months rental fee at the prevailing market rate in the area.

PMB andlocal authorities will assist them in identifying alter- native accommodation.

Def i t ion of Entitled DPs

Power Company 2 Appendix 3 @ Power Engineering & Consulting rznter - 818 -

Compensation Policy Implementation Issues

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plant

Appendix 4

Agreement on TIL Routes

@ Power Company 2 Power Engineering 8 Consulting Center

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C ~ N G TY D I ~ I U LUC 2 TRUNG TAM 1.u V ~ N THIET KE DIEN I D-I E, B a Trieu, Phuilng 12, Qu$n 5, Tp.HCM

Phone : (08) 2100 545 - Fax : (08) 957 1389 - E-mail : tvtkd@v~i~i.vn

sb : ( ~ ' j ~ ~ ' . - ~ _ r - ~ 1 , r , < # il, Tp ~d ChiMinh, Ngay 26 thang 08 ncim 2007

Kinh g.21

Cac b8n HBu quan

V/v Th6a thui)n tuyBn - Dv i n Lw6i dien PhBn NBng then tinh BA Ria - Viing TAU

Du an Luiti di@n Phdn phbi Nirng thBn d3 va dang duac ti&n khai ir tinh Ba Ria - Viing Tau viti cac hang muc xiiy dung miti, c6i tao va ndng ckp luai dien 22kV.

Toan ba tuykn c i a cac hang muc n&u tren d$ dB dugc chinh quydn x3, huyen lien quan va Sir Giao th8ng tinh B i Ria - Viing Tau thba thudn t n ~ c tikp tren cac b in 86 tuykn kh6 Ao.

C i c bCn hiiu quan c(, th& tham khao cac thba th :n t y&n n&u tren tai Trung t h Tu vkn hik kt k& Di@n thuac Cty D@n luc 2 6 &a chi n&u t r i n ~ . JfT,.-

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Ap~endix 5

Samples of Minutes of Community Meetings

, power company 2 Power Engineering 8 Consulting Center

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plan

A DP in hamlet 4, Ling L h commune of Ch8u Duc district raised his question at the community meeting.

DPs in Hamlet Phuoc Tan of Tan Hung commune, group 4 of Phuoc Hung ward and Huong Son group of Long Huong ward participated in a community meeting held in Ba Ria town.

Power Company 2 Power Engineering & Consulting Center

Appendix 5

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CONG HOA XA HQI CHU N G H ~ V@T NAM DOC L$p - T y Do - H ~ n h Phric

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

B I ~ ~ I BAN HQP THAM VAN CONG D ~ N G

NBi dung: Dong g6p cac y ki&n cua cac tham v h v& KB hoach di din tai &nh cu (RP) cua cac khu w c thuac Dg an lu6-i dien tmng ap n8ng th61-1 tinh Ba %a - Vfing Tau.

HBrn nay, ngiy . .14. thang 08 ngrn 2007. Tai . .7 1%:. x X . . 1 ~ . . Kp.. ................ .............. tinh Ba R a - Vfing Tau.

C h h g t8i dai dien cac co. quan, ban nginh, doin the, t8 chhc xH hBi, n h h d h co trong danh sach dinh kern.

Sau khi nghe dai dien cc6 Ban QuAn 19 Dv tin Dien lvc mien Narn va Trung T2m Tu V& ~ h & t K& Dien trinh bay tt6rn tit nai dung vdk Dv hn dhu t m va K& hoach ddkn bh tai d p h cu (RP) cua Dg tin ludi dien trung ap n6ng then tinh Ba Ria - Vfing Tau, c h h g t6i c6 cac 9 ki&n dong gop nhu sau:

I / A f . ................ . ..... .. .... A~.G% ~?.ILK.. .C.A~.~. . . ........ / - * - a La.. : h ~ i .d.~.7.. m.z.6. :+A$. .m.ha/--F..

Page 178: Volume Resettlement Plan - All Documents | The World Bank

- - 0 r ) - / ,

%wT .... ... ............. .. ..... ... .. .........K,,J................ L5.. .At.. &?. .e.. :. .:?.b.%. .*.k2::,. .K4?At.. .dd.. ' / - a'.,

h / r . ...... .v:l.. . .!+$A. .+;. .. .:AT!~. . ..K. .:$?A. .. .p .b .a. .ub -7-3. ... CZ.. .@. . ..%. ... .k.etn.. .cLi/-

7 I Y / P .. ..,.. ... .. .. .. ...... b. ...... Lk: &.I:??. hkp.. .TP.i.. d. ZW.. .+t ; .I.c.A~. .v;. q. .h.at3.. I.L~.& ""% ?.-.- /- .-

Ilk b . ~ & .c.a'.... ch: .a4.1 ..;M.L.I.- .................. .. ... .. ...................................................................................

Trang 2

Page 179: Volume Resettlement Plan - All Documents | The World Bank

..................................................................................................................................................... ... . . . CuGc hop ki t thuc liic .41.. gia cung ngay.

Dgi difn Dien Ivc BA Rja - Viing TAU

/

N+ 9hA %+ Trang 2,

Page 180: Volume Resettlement Plan - All Documents | The World Bank

Dinh kkrntheo: Bi&n b i n cuoc hop nghy L,,f/+ th8ng 08 niim 2007. Tgi ' ' T ~ \ x $ fi'z , f , \ f , tinh BR-VT.

TT Ho va ten Dia chi Thhnh ph$n x5 hoi

up N r , a, X;; A fd>( A. - , , l i . E ~ b ~ ... ... . .. . . ........................ .- ... L 5 .- --

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

$ , xi F '7 A,q -.I / GL ,/.. .._ ......... .. dd

-- . .................................................

Trang 3

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B&N BAN HOP THAM VAN CONG DONG

NBi dung: Dong gop cac y kien cua cac tham vhn v& K& hoach di dih tai dlnh cu (RP) cua cac khu w c thuGc Dg h luhi dien trung ap n6ng th& tinh Ba Ria - Viing Tau.

Ham nay, ngay 45. t h h g 08 n h 2007. Tai ... -7%+~.?il. . ~ .h&c . .+-~llc. ............ . . . . . . . . . . . . . . tinh Ba Ria - Viing Tau.

C h h g t6i g6m dai dien cac ca quan, ban ngimh, d o h thk, t8 chirc xP hei, nhk din co trong danh sach dinh kim.

Sau khi nghe d i dien cua Ban Q u k ly DIJ bn Dien luc mi&n Nam va Trung Tim Tu V& ~ h i k t K& Dien trinh bay tom tit noi dung v& Du bn diu tu va K& hoach d&n bu tai &nh cu (RP) cua Dp h.n luhi &en trung ap n6ng th8n tinh Ba &a - Viing Tau, c h h g t6i co cac 9 ki&n dong gop nhu sau:

Page 182: Volume Resettlement Plan - All Documents | The World Bank

C / J .... ..+. 12h..L..d...x3...!hv - C .k.t.rln.. .&:a.. .m .... cL lumiS-. 7t.q.. .. .f.lkm. . JiGn ... .wT.. ....

/ n 3 . .... . e . ~ . .+.C%.?. . ..&!n.. . .$. .... &. ...p. .hd.&uj, . .dkll?...&. . ,. a,:. . Q<

/ A>!. .&I.. . ..3+3. ph.4.n ...?I dK. ..&. ~1ht.d ...+ Pi.. ... . E 2 % ~ . h i 7 . .... ....... .. ... ?L. .... 91 f B .... ..... ..... ..... .... .....,A@ .... G...a..Cz.Ck..3U& thh..+2[ tk QLIC;: bed.$ hlq...*w...

CC- - 1 " & / .... ........... ...................... ..... ....... .~~i..+h.&...~...T& -4. f . ..+% ~m ................. ... ~9 ? h

r..... (I.?..: .... ~TL...!$!.~...!!!h.h.... CTT;W~<~%!S-R.+,).: .+?.~.:...\I.~...X~K~ / ./

.... .... .. ..... .s.kk..th.&. ..u.. ... ,?.!?.ti. ..h+. . . k ~ : . . + J . . g .h.hy..7h... .~ .a! :...me-

J / / / f 3 \/ / ..~Y.~~eSt-..k!~ d.. d . ~ . :IA hk.. .&?. c. .(P L.. .Y. ;L.. .%. .&+tm.. h ka.. .v.. % .... . . .... .... . .... . ..

A?- 4

..... . Ad. .kr-+.a .$ ii*lp .. .d% ..,.+!~.!3. ... . M . p&.L .... w...... Y;.. . i$.. % $ -

....................... . . ,.L. .. .%.. kn/+ k ........... JV ~AA. . . .. .GC ......... 1 . 6 ....... \ 61 ....... &I J / - ! -

&hl) /

.... 1. Q*. ... .d.. . d.. . .ck. ..$ L:. .. .*&I.. ... h i i9L .w . M.. .................. t.dc.4.. .z. k .a.. .. .w~lia~ - . ..-.-.? .-_ c' i 1 ...... \..li...rfk&?. .... &M$ .... %.h ...+ l?.b ..... Gh.?nh .... %?I& ..... dbi .-he 4 . 9 .. CLIK ...+) .. & / .- .

/ ... ... .. .... 7. .k;-k.L.~+~..:* ..f d... .d.?.i . b d . . \ c . ~ ~ ..:.rzA.&.. .& &:2&....*4.i$%. ..%h-& J

.... .... ..... .... ..... L.4 ..... q.y+ ................. ..h@,..rtLi h;m L&..m A-.rnU 7..... .... C A L . 5 ""B 2- / / .. . .... ... .+. .&.. .... hzQ.. .*. .% .fi h .... N;.K.. ... .c,h6L.. .. .A .kd.. .k?.i:. .h,. fib.

- Trang 2

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..................................................................................................................................................... ... Cube hop k8t thuc luc .. .Ad.. gib cimg ngay.

Dai difn

Dgi ditn Trung T i m T v v i n ~ h i e t ~6 DienlLA/

Trang 3

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plant

A~pendix 6

Samples of 'Questionnaire'

Power Company 2 Power Engineering 8 Consulting Center

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DI,Y Bn Lvbi dien Ph2n ph6i NBng then

C6ng ty Dien lvc 2 thuac T@p d o h Di$n luc Vi$t Nam dang l$p Bao cao Nghien ciru Kha thi cho c6c CGng trinh thuac Dp in Lu6-i di$n P h b ph8i NBng thbn d& khic phuc tinh t r v g qu8 tii, nghCn lubi trong h$ th6ng p h h ph8i dien tr nBng thbn b h g cich n h g chp va mtr rang lu6i phin ph6i &en, nhim dip h g y&u ciu phg tii, dhm bdo chht lugng, g i h t8n thit &en nhg , cring c6 tin cay v i an t o h c$ dien cho khich hBng cGa 551 phuhg/x?i thuac 14 tinh (An Giang, B i Ria - VEng TAU, ~ & n Tre, Binh Duong, Binh Phuirc, Binh Thum, C$ Tho, I36ng Thip, H$u Giang, Long An, Ninh Thub, Tiiy Ninh, ~ i i n Giang vB VTnh Long) vbi ngusn tii chinh ciia N g b hang ~ h 6 gitri.

~6 hoach Tii d a cu dugc lap ths theo yCu cku cda Chinh p h ~ Vi$t Narn vB N g b h h g ~ h 6 gi6i n h h nh$n bi&t cic t6c dang ti&u cuc ma Du in c6 th& gby ra cfing nhu cic bien phip g i h thi&u czic t ic dGng nay.

nghj gia Cinh cung c$p c6c thGng tin theo phi6u di&u tra du6i dby d i c h k g t6i xem xit. C6c thbng tin dugc cung chp dutri d5y sE chi phuc vy cho viec lap k& hoach clia Du An v i dugc gi6 bi mat.

Phdng in

phiid

Dia chi gia 8inh :

RD - RP - Ba Ria - Viing Tau

-sS nha .................................................................................................

Dutrng ph8 ............................................. ; ...........'....................................... -2" <\

. . ..... ... ~ p ~ 6 m / ~ 8 ....... 1. .d.. .$vh.. S L ~ ' . .b.y.. ................................................... X2i .............. kc-' .LA. ... ..k. ......:...............................................................

, ........................................

. .? ......................*......... .......... .................................. Huy en C ~ L . . :$Ci.. :.

Tinh -

............. .b.& .>~,.i.. .:. ...................................................................

Ho v i T&n nqrX t~-8 liri phdng v h .2i * '

... .Ah 'L' .fL2 x, .ab~L.. ; ; .......... ............... .. ............................... .......................... 1 i ' - Chil ho •

- T h S viCn gia ctin!q !IT'''

RD-RP Trang 1/13 Phi;" ~ t b u tra Kinh tbXB h4i

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. .

H i j Gia dinh

/

5 ~ 6 n g s6 ngubi bong gia rt'i . . .K.. . . = ~ d n g s6 ngubi 1611 . .7.. .. + T8ng s6 tr& em .. -L.. . ...

(*) Quan he v6i Chzi h0

CH Chfi ha

1. vq/chbng 2. ChaOvfe . J . Con

(**) Giio duc

1. MG chii 2. ~ i & t doc bi&t vi6t 3. chp 1

. . , . . . .

(***) Tinh trQngli@ kh&u

4. Chau 5. 6ng/E3i 6. Khdc

4. cip 2 5. - ckp3 6. Dgi hoc

1.1 ~ ~ h k nghiep v l Thu nh$p Hang thang ciia csic Thanh vi&n Gia dinh

~ ~ h & nghiep* TT r6ng Hg, va ten

--

Thu nh$p/Thhng

2

3 I

Thlrang xuyCn

4

5

CSlc n g u h kh5c

..

9i:

. T& fhu nh@p Gia birz l z ,i c

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("1 nghiep 1. Lim c6ng in lucmg 2. HLN tn' 3. Th6 chg, 4. L h nghE n6ng 5. DBnh bhYnu6i tr8ng thuy sin 6. Bu6n bin

Gia Cinh thuac nh6m thu nh$p :

- - Trung binh - Trsn trung binh (Trong bong quan v6i thu nhap ciia tinh)

Ngh6 kh6ng 6n dinh Ngh6 kh6c Nai trg Di hoc ~ h h t nghi$p Duqc h8 trq d3c biet

1.2 Chi ti& Tlzr3ngxuy2n Trung binh Thing c i a HQ Gia dinh (VND)

Thuc ph& Dien Nu6c Thus &A Giao duc Di lai Q u k 50 - ~ h u 8 c men hub, phi KhBc

1.3 Chi phi kt thw&ng cfia Gia b'mh trong N5m qua (VND)

~ 5 , t&t Ma chay, hi& hi Mua S& d6 d h g gia dinh ..I p c-; .c: ,, c 0 C: Sea chGa nh8 c3a

1.4 Gia dinh Sb hiku ciic Phumg tien

Xe m5y ~he/xu&ng miy Xe dap TV Tii lglh Mhy gi@t D& dien t+ Dien thoai . Khac

RD - RP Trang 3/12 Ph16u DICU rn Kinh t$ X j hdt

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Tinh trang Kin11 t& Gia dinh'

. Cao . Trung binh ~ h 6 ~

(Trong tumg quan vCvi sb hGu phuong ti$n)

1.5 Gia dinh c6 n g n s TAn t@t kh6ng ?

1.6 N&U myc 1.5 18 'C6' thi Chi ti&t v$ Nguivi T i n t$t nhu sau :

1.7 Gia dinh c6 ngubi Cao ~ u 6 i kh8ng ?

T T

--

-- -

N ~ U 'C6' thi gh.l cic ch tikt :

................................................................................................... - Tinh trgng phu thuoc

HQ v i t&n

1.8 Theo c h i h@ hoijc c ic th inh vi2n khhc ciia gia dinh thi nglriri cao tu6i hoac ngubi t i n t@t trong gia dinh c6 nhucku d$c bitt $ (Vi du : chirn s6c y tk, tii lai, thgc

phHm, 'x~ hei.. .)

RD- RP Trang 4/13 - Phi& ~ i k u tra Kinh t k XS hBi

I

I

~ u 6 i Loai T i n t$t

Nam Mu ~ i & c

T b than Tan @t th6 th&g-ig .

Khac

Nii

Mirc T i n t$t Hoin toin

---.

.-----

. M ? phhn

- ---___P-

Nhp .

--

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1.9 Trtrbng hqp gia ainh phHi chuy6n ili noi khic thi c6 ai trong gia finh mht vifc 1im hoac kh8ng hanh nght ciia niinh dwqc nika kh8ng ?

N&U 'C6' thi ghi rd chi . . tist ......................................................................................................

S b dung Nha

. C h i d 5 3

• Chi d6 kinh doanh

a V-ira 6 vira kinh doanh

'Cho thue

RD-RP phi& ~ i d u ira Rinh r ~ . Xi he,

Trang 5/ 1 3

Page 194: Volume Resettlement Plan - All Documents | The World Bank

2.1 Nha v+ sinh

C6 [41 Ei', - trong nhi

- ngoii nhi

Trong nhi Ngoai nhi

Cd nubc nzhy C6 d6ng hb nubc

Khbng c6 dBng ha nubc

Khbng c6 nubc ~ z & . .L - Nu6c gieng

- Nubc mua ,- Nubc, kEnh rach - Nu6c ao - Ngu6n nu6c khic

Sir dpng di$n d$ /

- Sinh hoat d - Sinh hoat v i lunh doanh . - Skin xuit - Kinh doanh - Hoat dong khAc ................................

N&U c6 di$n thi sE sir dung d6

- Sinh hoat - Sinh hoat v i kinh doanh - - S h xuit

RD - RP Trang 611 3 - phi€" Diiu tn Rinh td X5 hbi

Page 195: Volume Resettlement Plan - All Documents | The World Bank

- Kinh doanh a - Hoat dong kh6c ...................).............

N ~ U c6 &en. thj iinh c6 :

- s.% s h g chi pki &u n6i vio ho gia dinh - D& n g ~ duac tra d& chi phi d i u n6i vho hi$ gia &nh - szn sing thanh toin tien dien h k g thing - Kh6 kh2n trong viec thanh toin tien di$n hBng thing

3. sit dQng san

1A.m nha 5 vA &it dirng cho muc Ctich kinh doanh Ban vi : m2

Cic gihy ttr h q phdp lien quan din dht th8 cu :

~ d n g ~ 6 t Th8 c r Si3 httu

RD-RP ~ h i C u ~ i d u tra Kinh 16, XZ h ~ i Trang 711 3

Tinh trang Phap 19

D6t lam nha 3

d C b

it dang a$ kinh doanh

Dbt &

Don vj : m2 ~ h 6 clr bl ~ n h hrcng

~ 6 n ~

4 KO

C6 s3 h h

480

336t kinh doanh

Khdng sb hiku C6 s& hiku

V k h vi&n '

KhBng sb h h

Ghi chti Ghi 13 6 duki 19 do bi Bnh hu6ng : tram, tq, ctulmg dsy, hinh lang an toin, dutmg bho tri, dutmg thi cSng, V.V.

~ 4 t lam nhli b

4

Tam thiri

it I I B ~ nhri b

o b t a& kink doanh Tdng

4 .

wit a6 kinh doanh ~ d n g

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3.2 ~ h t Canh tac

0072 7?i : rn2 ~ 6 n ~ d6t Canh t ic bi Anh hrbng

- Vin h vign Tam thtri

on vi : rn2

cbng, V.V.

Ciic giiy tb h q phhp lien quan din dh canh tic :

~ 8 n : : aht Canh tac Sb hiku

RD - RP Trang 8/13 - phi& ~ i b tra Rinh t i X1 hBi

C6 quy&n S b h ii*u

m .3 - 00 G *'g b

Kh6ng c6 quy&n sb h t u

E co b t -1 el

1 vcd

6 w s -co t=

Sir du ; tam th" r

-

-

-

d -b

5 . -/, > L/

-7

on e 2 - - - - - ~ 2

a0 r: .co b

7 cF;/

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C& Zdu n&nz va cdy &n ti-ai bi hu6n.g . .

Dm' vi : C2y

Bach din Xoan Tre XoBi Cam ~ h 6 t n6t Vu stia Dira

=. Ch6m cham TAo

N h b sku risng TiEu ~ i & u C i ph$ Mit Bu&i VAi M b g cut KhBc (.!b& ....

Tr2n bat thu hdi v k h vien

-- ---

- .------

--

1 TrEn bit thu Trd; dit thu h8i v k h vien hdi th&i'

- .

TrEn bat thu . ld i tcgn thbi'

--- -

---

--

L~ia Ng8 Mia Dua (than) Diiu Hoa mau khac -- S&I (mi) . . . . . . . . . . . . . .

it thu hai tam thbi bao &rn d i t .tong h h h Iang an t o h vA/hoCc d i t trong d u h g thi cbng.

cAP nha

tip 1 r-

C2p 2 --I.--- C2p 3 -- .-.-. C3p 4 ---.-.. 'Tam'

-- - RD-RP Trang 9/ 1 3 phi& ~ i b u tra Rinh re ,x hbi

~ i i y phkp X l y dyng

C6

.

dnqc x l y d y n g trCn

KhSng

--- - . * .

~8ng,dien tich nin xxly

d u n g

- -

L

dht s 6 h@u

- 4Pc

T6ng dien tich srin xEiy

d ~ n g

- ----

--------a

dat 14, chiim

--

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I I I I I Ghi chzi Ghi 6 6 dutri 1y do bi h h huCrng : tram, tru, dubng day, hhnh lang an t o h , dutrng bko tri, dubng thi c6ng, V.V.

9 0 7 2 vi : m2 Nhh bj A.nh h w h g Vinh viEn

tip n ha

D m vi : m2 N h i bj ~ n h h w h g Tam thiri

n h i

cap 1 -- C!p 2 -

C&p 3 Ciip 4 'Tgn'

- . -.

--- -- -- Nhiv$ sinh

m-RP Trang 1 0/ 13 P h ~ b Dl& tn Klnh t Z X I hdl -

~ 8 n ~ dien tich r z h xxly dyng

A0 - - SZn --

~ 8 n ~ dien tich sdiz xgy dyno

c&1

Ghi chzi Ghi 6 6 dubi 19 do bj h h h u h g : tram, tru, dubng day, h b h lang an toan, dubng bko trl, 8 u h g thi cbng, V.V.

-- ChuGng gia suc -7

TuhgrBo .-------- He thGng di$n

Ting a i t sd' hiku

b i t s 3 hiku

- .

-- ---

cgp 2 r -

CA 3' -&4 -----

~ 6 n ~ dien tich nin xxly d ~ n g

-.-------

- .

----

--

- .

-- ---- -----

dht l i n chi&m

a i t si3 hfiu

--

~ 6 n g d i e ~ tich srin xxly dyng -

-- -pep

....

-- -

- 1-1s tho%,, n ~ b c "--+

Dubng '-7--

-- Cgu, cbng ---

dht [an chi&m

----

- - - - - .

--------- --

a i t s 8 hiku

-

.

----

B8nu6c

Tbng

.--------____

------a

--_-____

a6t l i b chi&m

-

--

----

-.

'Tyn' - - --

T6ng

--

-

aat l i n chi&m

--

....------

-

-

~ 6 n ~ -

---

-- ---

-

- -- - -

Page 199: Volume Resettlement Plan - All Documents | The World Bank

N h i v e s i n h 4 I 1 -- ChuBng gia suc -- ----- -

-- ---

------- . .

-- a Cong

- - , - T r y Nha tho/mleu tho

~ & t c iu

B&D

--- ----- Tuhg rio --- -- -- H$ th8ng dien -- He th8ng. nu6c

--- --

Dubag --

CGng -- Nhi thblrnisu thb

Loai

____ -

_ - ---- _ _ -Ma mA ---

4. Tai dinh c v

*. Gih do h a bj i n h hu6ng u6c ttinh. Ghi 19 do b i 2nh huimg b dong du6i.

KhAc

Kich thcrirc

M8 m i ----- Kh6c

4.1 S& shng tiii dbh cw

. .

C6 %urng i Tii dph cu : - D U ~ C ciP bit tii itfi cu - Tp tki dinh cu ngay trong dit cfia minh - Tu t8i dinh cu tr noi khac

. .

Gig *

* Gik do ha bj h h h u h g u&c ttinh. Ghi 19 do bi Bnh h u h g b dbng dubi.

-

N&U 'Kh8ng7 thi 9 kiin cfia ngubi bj A& hubng la :

~ i i ~ ta litn quan

--

RD-RP Trang 11/13 Phtdu D12u Ira Klnh t i XI h,jz

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Ngoii ng6i nhi lien h ih v i m h h bit th6 cu hi$n h k , gia dinh c6n c6 n h i hogc dit 6 '

xZi/huy$n/tinh kh6ng ?

C6 Kh6ng N ~ U 'C6' thi ghi r6 chi ti&t (dia chi; di$n tich, logi nhd&t)

4.2 Chon Phucmg Bn Dkn bu D6t

it dd8i dit

TrSL ti&n cho dit

4.3 Chon Phlvmg An ~ k n bii ~hiVK&t c i u

Cung ckp v$t lieu v i nhiin c6ng d& 1 h n h i tai dja di6rn. t~ chon a

Din bc tiin cho k6t ciu d& Qr tii Gnh cu

NhA doc l$p do Du in b6 tri

Phuong in khac ............................................................................................. ............................................................................................. ..............................................................................................

4.4 Chon Phlvong iin Kh6i phqc Thu nh+p

Trg @up tii chinh

Cung ckp dien tich dkt

Trq giup trong vice tim viec l im

Trg giup trong viec dao tao

Trq gihp tin dung d& kh6i phuc kinh doanh

D& nghi khac

RD-RP Trang 1 211 3 ~ h 1 6 u D I ~ tra Klnh 16 X I h61 -

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4.5 U'u tiGn trong T;ii d b h cu (Ghi th3Wuutien : 1,2, 3...)

. Din blidkt theo gia tri thay th& v i cby trai hoa mau theo gii thj t m h g

. ~ b t thi djnh cu g$n ruGng/nuong/ao hien hiru

. Tai iiinh cu ngay trong ph& dit ccbn iai cclia gia &inh U.

Ha t h g kp thuat (huubng, &en, nukc.. .) pht~ hop tpi khu hukt t6i dinh cu

. Ha t b g xi3 hoi (trubng h ~ c , tho.. .) phh hop tpi khu dht t i i d& cu

. D; 1im 5n bu6n bib tai khu tai djnh cu

. Gong 88ng hiin hba tai khu tiii dinh cu

. M6i tnrimg hiin hba tG khu t8i d a cu

X5y cht nha tai khu t6i ctinh cu m i Ishang phAi nq n& 0

D i o tao v i c6ng 5m viec 1Bm

. .................. ........ HQ, Ten vP ChG kJi cca ....... -262 Qd. lLi U. &m.. .a: .tf.0&.,, - - I 8

RD - PJ Trang 1311 3 Phicu Dib tra Kinh , & X I hbi

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D v an

Lwtvi dien Phln phdi N6ng thBn

C6ng ty Dien luc 2 thuac Tap doan Dicn 1uc Vi$t Nam dang lap Bao cao Nghien c h Kha thi cho cac C6ng trinh thuac Dv An Lubi di$n P h h phhi N6ng thbn d i khic phuc tinh trmg qua tai, nghtn luiri trong h$ thang phln di$n b nbng thbn b h g cach ning cip v i mb rcng luiri phin phhai &en, nhkm dip h~ y2u ciu phu tai, dam bao chit lugng, giam t6n thit bien ngng, cung c6 tin c$y va an toin c ip di$n cho khach h h g cfia 55 1 phubnglx2 thugc 14 tinh (An Giang, Ba Rja - Vfing Tau, B& Tre, Binh Ducmg, Binh Phubc, Binh Thu$n, in Tho, D6ng Thap, H$u Giang, Long An, Ninh Thu$n, T2y Ninh, ~ i i n Giang va VTnh Long) vai ngu& tai chinh clia IVgln hang ~ h $ gibi.

K$ hoach Tai dinh cu dugc lep thi theo yeu ciu cfia Chinh phli Vi$t Nam va N g k hAng ~ h 6 giiri nhim nh$n bi6t cic tac dang ti2u cvc m i Du 5n c6 th& giy ra cfing nhu cac bien phap giam thi&u cac tac dGng nay.

nghi gia dinh cung tip cac thbng tin theo di$u tra dubi dgy 86 c h h g tbi xem xCt. Cac th6ng tin dugc cung chp dubi diy sE chi phuc vu cho vicc lap k6 hoach cua Du An v i bugc gig bi m4t.

Phong in

Dja chi gia dinh :

,, I 7, HUY en .................................... I,\.. - / ..,.,.I.. 1.3 .,' .&id.. ................ .. ...................

I , - ._-- I!, - . ' .L- .

Tinh ................................... .:./. L. : .. .il:i'L<~->. .. .,:. ... ./ ,lili. 4 j . . ./C~L:(. I.. ................

Ho va Ten ngu6i tra liri phong vin L J - '-7 .. -1

.......................... A.Q L.4: i.61 ..... L!!J.~ ..... ................................ J' )

Chu he ' -

- Thanh vi2n gia dinh E!

RD - RP Trang 1/13 Phi& Die, tra Kinh t i X6 IhBi

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I. He Gia dinh

T6ng sb ngubi trong gia c t i . .,A.. . . = T6ng s b nguhi 1611 . .-2. .. + T6ng s6 tri: em . . ..2.. . ..

1. ~ q / ~ h & n g 2. Cha/Me 1 3 . Con

4. Chau 5. 6 n g - / ~ i 6. Khac

(**) Giao duc

1. Mu chi? 4. chP 2 2. ~ i k doc biit vi6t 5. ciP 3 1 3. chP 1 6. Dai hoc

1. Thubng tni 7 a. Tgm tni

3. Tam ving 4. Kh6ng dgng kjr he khiu

1.1 ~ g h k nghiep va Thu nh$p Hing thing cua cac Thanh vien Gia dinh

RD-RP Trang 211 3 phi& ~ i k u tra Kinh t i Xi h6i

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(*) ~ g h i nghiep 1. Lhn c6ng Bn lumg 7. Ngh& kh6ng An dinh 2. Huru tri 8. Ngh& khac 3. Thu c6ng 9. Nai trq 3. Lam ngh& n6ng 10. Di hoc 5 . Danh bBtlnu6i tr6ng thuy s in 1 1. ~ h k t nghi$p 6. Bu6n ban 12. Dugc ha trq d$c bi$t

Gia dinh thuec nh6m thu nh$p :

-

- Trung binh 0 - Trkn trung binh (Trong hrcmg quan v6i thu nh&p cfia tinh)

1.2 Chi ti8u Tlzu3ngxuyEn Trung binh Thang cua HQ Gia dinh 0)

Thvc phim DiCn Nudvc Thu& nha Giao duc Di lai Quiin ao T ~ U S C men ~ h u k , phi Khic

1.3 Chi phi ~ h t thu&ng cua Gia dinh trong NSim qua (VND)

ThBnh ti&n LZ, t$t J&Q-.L2,-&e Ma chay, hi& hi C

2$@11,_-. ..... - .......... Mua s& d6 d h g gia & I ..... f!!&2L? &+%@ -... .. S ~ a ch5a nha cima .-_&@22_1j. .-_.-.- C+* - .

S I ? ~ ch5a xe may, ghe, thuy$n ._ .............. ,Xccttt2 &?.c_l ....................

Khac

1.4 Gia dinh S& heu cac Phumg ti$n

Xe m8y ~helxudng may Xe dap TV Tfi lanh Miy gist Db di$n tir Dien thoai . Khac

--

m-RP Trang 3/13 Phi6u Die" rra Kinhrk XI hBi

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Tinh trang Kid1 t& Gia dtinh

Cao B. Trung binh I? T ~ & I

(Trong tuong quan vCvi sb h3u phumg tien)

1.5 Gia dinh c6 ngubi T i n t$t kh6ng ?

1.6 N&U rnuc 1.5 la 'C6' thi Chi tiit v& Ngtrhi T i n t$t nhlr sau :

1.7 Gia dinh c6 ngwbi Cao ~ u 6 i kh8ng ?

TT

N&U 'C6' thi ghi cic chi ti& :

................................................................................................ - Tinh trang sli.c kh6e

Ho v i t&n

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

................................................................................................ Tinh trmg phu thuec .............................................................................................. ..............................................................................................

----- - --

.S Theo C h i ha hoec cac thhnh vi&n khac c ~ a gia dinh thi nglrM cao tuBi hoac nglpbi t i n t$t trong gia dinh c6 nhu chu dgc biet gi (Vi dq : chHm s6c y t i , bi lai, thgc phhm, xii h@.. .)

-

RD-RP Trang 411 3 ~ h i k u ~ i k u tra Rznh rE X5 hbi

~ u 6 i Loai T i n tat

Mu Nam

~ i & c

Nii

.

Mkc T i n tgt

Hoh n tohn

-- T h thin Tan t$t th& trang

-

Mat phhn

...... ...

Nhe

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

- ...

Khic .,,

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1.9 Trwhg h~ gia dinh phhi chuy&n di noi khac thi c6 ai trong gia dinh rnht vitc lirn hoijc kh6ng hhnh nghk cua minh duqc nika kh6ng ?

N&U 'C6' thi g h rd chi tiit ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ....................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ....................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ...................................................................................................... ....... "" ............... ............................................. ................. " ..........

2. SGdung Nha

. Chi di 6

. Chi 86 kinh doanh

. ViPa b vua kinh d o a h

. Cho thu&

. B6 kh6ng

. Khac

Page 208: Volume Resettlement Plan - All Documents | The World Bank

2.1 Nha ve sinh

C6 - trong nh8 - ngoai nha

Kh6ng

Trong nhi Ngoii nha

- D h g 'khohn' - D ~ U n6i tiP h h g x6m

Kh6ng cd nu& nz& - Nu& gi&ng - Nubc mua - NuCvc kElh rach - Nubc ao - ~ ~ u b n nutvc khhc

2.4 Dien

C6 diEn

C6 clang h6 dien

Khbng c6 d6ng hb dien

- D h g 'khoan' - D ~ U n6i f i r h8ng x6m - ~ g u 6 n dien khac

Sir dung di$n d6

- Sinh hoat - Sinh hoat v i kinh doanh - Sin xukt - Kinh doanh - Hoat dong khkc

N&U cb dicn thi se" sir dung 86

- Sinh hoat - Sinh hoat vB kinh doanh - San xukt

- - - ~

RD - RP ~ h ! d u Didu rra Kinh t i X i he,

-

Trang 611 3

Page 209: Volume Resettlement Plan - All Documents | The World Bank

- Kinh doanh - Hoat dgng khac

N$U c6 di$n thi gia dinh co :

- S& sang chi phi dku n6i vao ha gia dinh 17 - D? ngl$ duqc trA din chi phi dku nbi vao ha gia dirh - S& sing thanh toin tiin dicn hang thing - Kh6 khBn trong viec thanh t o h ti&n dien h8ng thing 17

3. sat dong san

DAt l h nha 6 va dkt d h g cho muc dich kinh doanh Don vz : m2

I

~ 6 n g £lit Th6 cu S b hii.u I Tinh trang Phap 1y

it b

Don vj : mL

it Th6 crt. bi ~ n h hu .hg

kinh doanh

D$t lam nlra 3

I Vlnh vi6n 1 Tam thiri /

£lit dang a& I T6ng C6 so hi iv I Kh8ng kinh doanh s b hiru

RD - RP Trang 7/13 F'll!&u ~ i k u tra Kinh tk Xi hdl

C6 s b hii.u KhSng s b h8.u

Ghi chti Ghi ir 6 du&i ly do bi anh hubng : tram, tru, dubng dLy, hanh lang an toan, bubng b90 tri, duirng thi

~ 6 n g ~ h t lam nha 3

~ $ t lam ~ z h a 3

~ $ t dg ki~zh doanh

~ $ t a6 kinh doanh

T6ng

Page 210: Volume Resettlement Plan - All Documents | The World Bank

3.2 it Canh t a c

~ 6 n ~ dht Canh thc Si? hku KhGng c6

quytn Sir dung

sb hiiu tam thi

c8ng, V.V.

Cic giAy th h~rp phap li&n quan din di t canh tic :

Don vi : m2 -

~ 6 n ~ d6t Canh thc bi Anh hlrbng

RD - RP Trang 811 3

Vinh vizn

phi& ~ i k u tra Kinh t i X I hBi -

Tam thbi

Page 211: Volume Resettlement Plan - All Documents | The World Bank

Bach din Xoan Tre Xoai Cam ~ h 6 t n6t Vu sfia Dua

- - ChBm chBm Tao ..........

Mila vu bi A& h u h g Don vi : m2

TrEn dit thu hbi vinh viEn

Lua , ... ..... .... ...

Mia Diiu ~ i n (mi)

Trin d i t thu hdi tgn thui'

NhZn S ~ U rieng TiEu ~ i k u C i phe Mit Bubi VAi M b g cut Kh6c ..........

Hoa mau khAc . ..................... .... .. ....

.............. I

Tren &t thu hdi vinh viEn

TrCn d i t thu hhi tam thai'

~ i i y phkp X2y d ~ n g dwqc xiy d y n g tr&n zi: 1 c6 , 1 , 1 T6ng dien tich ndn xxPy

dat l6n KhGng aPt sb hilu ChiCR dung

thu h8i tam thbi bao &rn d i t ttrong hanh lang an toan vuhoac dit trong dubng thi cbng.

T6ng d i tn tich san xly

d v n g

tip 1 ...__..C_I.___,____.r_~4..__

C2p 2 - ---T-.-----.---

C2p 3 -..--.-.--.--a

C2p 4 'Tam'

RD - RP Trang 911 3 Pht& ~ i & tra Kinh !& Xk hbi

. r- --f

3 - x ~ I, ----

._ _____._-_._.-

. - )--.

I., )A .

_ _ .. . ..

........... ..Y .........

. ..-- .& . L ; L

....

..

--

Page 212: Volume Resettlement Plan - All Documents | The World Bank

Dun vj : rn' Nha bi ~ n h hw&ng Vinh vi&n

3.4 ~ 6 t ciu khac bj ~ n h h w h g

cip n h i

cAp 1 ...........

c2p 2 C5p 3 - C2p 4 .. .. 'Tgm' ..........

Don vi : m2 Nha bi ~ n h hubng Tam th&i

ID-RP Trang 10/13 phi;" Di iu tra Kinh16 XI h a ,

Ghi chti Ghi 6 6 duiri 1y do bj 5nh hu6ng : tram, tru, dubng diy, hinh lang an tohn, dubng bao tri, d u h g thi cbng, V.V.

tip nha

~ $ 1 C2p 2 C2p 3 "- .-

C2p 4 'Tgn'

...... -. .... -- .- ...

~ & t c6u

~6~ ..----------.-..--..-p--..-- -.

Nhive sinh

T6ng di$n tich n81t x l y d r n g

Chi chzi Ghi b 6 duiri Iy do bi h h huhng : trgn, t ~ , dutmg diy, hinh lang an toan, duong bao tri, dwhg thi cdng, V.V.

T6ng dien tich srin xly dyng

ah t s& hii-u

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

r--..-.----.-.--------

.

T'6ng dien tich s a ~ z xgy dvng

~ 6 n g dien tich nkn xly dvng aht

s 6 hku

.

.

~ & t chu bj ~ n h hw&ng Vinh .vi&z

a i t s& hku

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

-

.... .......

.

a i t sb hiiu

-

Lo$

Chu8ng gia suc ...---..-.-.v--.... .------ ................. .. ..

Bsnubc , . . - ...............

........... Gigng (khoan/dao) .. ......... ...

a i t lhn chi&

.-

........

_ -

aht lhn chikm

...... ...

--

............. .. -

T6ng

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

- ...

.

ah t 16n chi&

.............. - - -

- ......

. .

aht l$n chi&m

- ....... - . ..

~ 6 n ~

-.

-- ...

.,, . -,

---....

.. -... ........ .... ' ...

Kich thuQc

-

................................... ,. ....................................... A0 ....................... ......... -,

S5n

T8ng

............ --_

_._., ..............

_

~ 6 n g

--

GiB*

..................... , ..... .

Tuanu rao ...... q . ...........................

He th6ng diZn ... ....................-..r..., - .................................................

H$ th6ng ... ...

~ i i ~ t& liCn quan

.* Duhu ....... ,----. -..!?,... - . ............. 1..-

C5u, c6ng ....................... . ..... ,.. ................................................. ,- ................................ ...-.-.......-.

...-............... ..................

- -

.....- ................................................

.................................. .-

.....

....

Page 213: Volume Resettlement Plan - All Documents | The World Bank

. . . . . . . ...................................... ... ... - ... ...... .................

CBng

~6~ .

'i\lhav& sinh 1 ~ & t chu

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

1 ChuBng gia suc ~ .... L I z z I -

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

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

...... .. _..__7_._.._____ .......... Nha thblmisu thb M6 ma

.. ...

* Gia do he bi Anh huong uuc tinh. Ghi 19 do b i anh h u h g ir dong dubi.

~ & t chu bj Anh hwkng Tarn tlzdi

I I I I

* Gia do ho b i anh hubng uuc tinh. Ghi 19 do bi hnh hubng ir dbng dubi.

Khac

. . -

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

T u h g riio

4. Tai din11 cw

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

~ i h ~ t$ liCn quan

-- 7-------- .... H$ th8ng di$n - .- -. - . -. ---- - --- - - - H$ thGng nubc

C6 &onE &n TBi dinh co : - Dugc cAp d$t tai dinh cu - Tu tai dinh cu ngay trong d$t cfia minh - Tu tai djnh cu b ncri khac

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

Gig * Loai

N&U 'Kh6ng' thi y ki&n cua ngubi bi iinh hubng 1A : ........................................................................................................ ........................................................................................................ ........................................................................................................ ........................................................................................................

Kich thuGc

- - -- -- -- - -. - -

RD-w Trang 1 111 3 Phliu D I ~ U tra k w h te Xi h61

Dubnu ,-..- Gr- --

- --- -- -- -- -

C ~ U , c6no ......... - -- - . P

.... C8ng --.------____---.---.-.-----.-___1----.-.----.-.------_---~.

-- -

--

-. ...... ....... -..--.-....--T -- . ---- ........ Nhii thblmieu thb

- - ----..-- ---

\

M8 ma - ... .- ... - - - -- Khac

-----------..----.----.-I-----------.

- --

......

.- .

Page 214: Volume Resettlement Plan - All Documents | The World Bank

Ngoli ng6i nhi hien hiru v i mlnh dht th6 co hi&n hiru, gia dinh cbn c6 nh i hoac dht 6 xZ/huy$dtinh kh6ng ?

C6 Kh6ng N$U 'C6' thi ghi rb chi ti& (dia chi, di$n tich, loai nhi1dit.t)

4.2 Chon Phrroag An Din bu Dit

Dht d6i dht

TrB tiin cho dit

4.3 Chon Phwmg an Din bu ~ h i d K & t c iu

Cung chp .vet lieu v i nhin c6ng d& 1Bm nha tai dja di&m Qr chon . ,

~ k n bii tikn cho kit chu d& tu t5i dinh co

Nha dac l$p do Du an b6 tri

Phuong i n kh5c ............................................................................................. ............................................................................................. .............................................................................................

4.4 Chon Phwong an Kh6i phyc Thu nh$p

. Trq giup tai chinh

. Cung cAp di$n tich dht

Trq giup trong vi$c tim viec lhn

Trq giup trong vi$c dao tao

Dao tao nghk mdri

Trg gi6p tin dung di kh6i phuc kinh doanh

D$ nghi khic ............................................................................................. ............................................................................................. ............................................................................................. .............................................................................................

RD-RP Trang 12/13 phi.& f)i& tra Klnh t i Xi h61

Page 215: Volume Resettlement Plan - All Documents | The World Bank

4.5 Uu tisn trong Thi djnh cw (Ghi thir tuuu tien: 1, 2, 3...)

. D& bu d$t the0 gia tri thay th6 va c2y tr5i hoa mau theo gia t& truirng

. ~ d t tai dinh cu gin ruang/nucmg/ao hien h h

. Tai dinh cu ngay trong p h h dht cbn lai clia gia dinh

. Ha ting kp thuzt (dubng, dien, nu&.. .) phi^ hqp tai khu dht tai dinh c u

. Ha ting x2 h6i (truang hoc, chq.. .) phu hqp tai khu dit tai dinh CLI

. DE l h 5n bu6n ban t@ khu tai djnh cu

. CGng clang hiin hoa tai khu tai clil?h cu

. M6i tnrimg hiin hoa tai khu tai dinh cu

. X i y tit nha tai khu tai dlnh cu ma kh6ng phai na n in

. DBo tao va c6ng an vi$c 1Bm

. D$ xu& khac ............................................................................................. .............................................................................................

g 7 . - (, ;&,; /'! . - NgBy ph6ng v i n .............. .?: ......... .,.. .. r.: 2 . &? .<.,f. -. .............................. , 7 .

i '7 .' . . ., ! ,' 1

- ,' ; i . - , ,-./ .). , .................... ....... . . .. .. Ho, Ten va Ch5 kq cua . I . !.LS.-..L,:.,. ;.,. :. .:.L. ! . i . .*;. .;. .t.~~....~:. :I~!.~:(G.!. IG'. *.

! , i ,; . I . ~ e:/------

/> d ,

. . , ) - .-- .. ...... ..... . ~ i $ u tra viEn ... .....................t.......... &: ( .(% (i.:;! .,.!.<422;4 .2 ~ i . . J ,) J

RD - w Trang 13113 Phleu Dldu ~ r a Ktnh 12 Xi 1161

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Page 217: Volume Resettlement Plan - All Documents | The World Bank

Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plant

Appendix 7

Samples of 'Pamphlet'

Power Company 2 Power Engineering 8 Consulting Center

Page 218: Volume Resettlement Plan - All Documents | The World Bank
Page 219: Volume Resettlement Plan - All Documents | The World Bank

Dq dn I d i dien phhn ph6i n8ng than (RD) s d dung v4n vay cda ng6n hhng the' gi8i cho viec cdi tao IllBi dien 22kV n8ng th&n d 551 xd thuh 14 &phia Nam (thuoc dja b i n cda CBng ty Dien Lqc 2). Cd d'u dku ~ c d a d g dn: Nghnh dien vay vBn cda WB t h h g qua O&, phd db dbu td d d n g dBy bung dp vA tram bign dp.

1. 'Ibd nPo IP ho b( i n h hdang d n dI$ i n ? - TB'~ cd cdc t6 chffc, gia dinh, cd nhBn (goi chung lh hi, bj dnb h u h g - HBAH) dang sd dung dB't vd c6 thi sdn tr&n dh't n h ~ nhd &a, c&ng brlnhxhy d a g , d y c6i. hoa mdu trong pham vi hdnh lang bdo v$ lu8i dien, trongpbm vi bdove tram bi&'n dp d w c xBy dmghongdqdn.

2. Ai 68 x l c dinh c i c khu vJc bi Pnh hllilng vP d c loqi tPi J n bi inh h & g ? - Ban qudn 19 dq dn Dien ldc Midn Nam thuoc CBng ty Dien Lqc 2 sE cung cA'p b i n vE mat bang IllBi dien bung dp vd vj M tram bign dp cho ban d&n bil cda huyenl x i lien quan. - Ban ddn bd d a huyenlxti c6 trdch d i e m x d c m dckhuvqcbjdnh hddng vh didu tra. thdng k@ cdc loai tlli sdn bi 4th h&g. - U u vqc bbj dnb hddng la pha'n nhm trong pham vi hdnh lang bdove d a dllbng d8y d i n dien tr@n kh8ng dllQc xdc d/nh theo W n g d c h mdly n g d i cilng vd m8i phia khi dBy d trang thdi t b h qui trong N& 106/2005/ND - CP ngdy 17/8/2005 cda Chinh Phd 113 2 met d6i v(ri d d h g d8 y 15 - 22 kV, chi&u ~ n g hhnh lang an tdnlA 6m.

3. C6 mdy l q i Pnh b d h g ? C6 hai loai dnb h d n g do xhy dgng cdc c8ng trinhthu$cwdn Id: - Anh hddng vinh vi&n: Dh't dai, nhd cda, cdc c8ngbrlnhx6y dmgvd d c a i sdn khdc (cBy 1Bu nhm v l mha vu) trong pham vi Mnhlang bdove dctuy&n d d n g dien, cdc vj tn' tram bi&'n dp (xem hlnh v5). - Anb hddng tam thbi: CBy 1Bu nhm, hoa mlu vd d c tlli s in khdc bi dnh h d n g trong khi thi d n g .

4. Ddt trong hPnh lung bPo ve cSn Id& dlen c6 b/ trdngdynechod~$in khOng? - C6: d6i v8i d8't thu h8i v-hb vi&n db xhy d@gm6ng m, m6ng tram. - U d n g : dd'i v8i dA't bj dnh h d n g tam thbi, nhuhg d c kgt d'u vh d y tdng phdi the0 quy djnb cda Nghi djnh 106/2005/ND-CP (xem hlnh vE).

5. Al si? &gc df!n b l , nl kh8ng w c dbn b l ? - TB't d d u n g HBAH c6 tdi sdn (nhh cda. c6y d i , hoa mdu, dll't) thu&phm vi thu hdi, gidi tda db xB y ddng d n g trlnh, hoa c c6 drl chVng cB hqp phhp chffng minb d w c quydn sd dung dh't dai. quydn s& h@u tlli s in b/ 4nh h u h g tnlBc ngh y khod s6 didu tra ddu d w c d&n bb vd h8 @i. - Hi, 1a'n chi&'m dh't, xhy dlfng sau nga y kh6a s6 di&u tra Id ha t q ~ c ldi, bift hqp phdp. Cdc hi, ndy sE phdi thdo dB, giHi ph6ngmat bhngvd kh6ngdwd.h bil.

6. G i i df!n b l tlnh n h d t h d d o ? - Gid td d&n bb dddc tinh theo ddn gid d&n bil cda UBND dnh e n cd sd phan dnb ddng gid thj tnlbng v& dB't vd cdc loai tdi sdnkhAc8dja phuMgQith8i dibm chi trd ddn bb, kheng khB'u hao v& nhd cda, khBng khSi'u tdt d c l q i v$t lieu c6 thb thdo dB, sd dung lai d w c . DB't dai d m d n bb bhng dift d n g hang vh dien tich hrdng dlldng (n&'u d/a phlldng cbn quy dll't) hmjc bhng ti&n mij t 7. NhP bi inh hdang mot phdn d w c dhn bd nhd thdn lo? - Ngu phhn bbj dnh h d n g khbng dnb hdbng d&h k&'t d'u d a nhA vd khBng Bnh hddng d&'n viec bd tri sd dung phkn nhd cbn Iai thi HBAH d w c d n bb p a n di in tlch b/ dnb hlldng. N&'u phbn b/ dnh h d n g do dq dn c6 dnh h&g dgn k&'t cfiu vd phi$n cbn lai kh8ng the sd dung thl HBAH st? d m d&n bd t d n b~ chn nhl.

8. Khi n i o ddgc dhn b l , khi nPo ph l i dl &uy& h N c eh6t d ~ n d c l q i d y v i hoa miu?

1 2 Ai c6 t r ich nMem thbng b i o vf! thirl glan d6n b l , thai glnn thu hi31 dBt vP c8c lopi th8ng tin c6 lien qunn vf! w i n ? -Ban cM dqo cda tfnb vd cdc ban d i n bb cda huyen c6 trech nbiem th6ng bdo 16 rang v8i dja phlldng vd cdc hi, bi dnb hddng v& thbi gjan chi trd den bb . th8i gian thu h8i dh't dde x8y dqng dq dn, c8ng khai thBng tin v6 d c chinh sdch quy&n ldi cho ha b/ dnh h&g.

,2 HAI B~ T R m G , P. BeN NG&, QUhN TP Hi) C~ MiNH

13. Khi ho b/ i n h h d n g kb8ngcbdp nhen kdt qd do dom ti11 s i n bi inh- hdang, muB'n thdc mdc vf! d c vgn d khir , ddh khik nei gBi dl dBu?

- B d c 1: Gdi ddn I@n UBND x6 db xem xCt gidi quy& trongvbng 15 ngdy. -Bzafc 2: N&'u hi, bbj dnh hddng kh8ng d8ng 9 v8i cdch gjdi quygt d a UBND

xH thi ddn d w c chuybn l@n UBND hoac HDDB buyen, cifp huyen nghi&n c h vd c6 trdch nhiem gidi quy&'t trongvbng 15 ngAy.

- B d c 3 : N&'u h~ bj dnb h d n g kh8ng deng tinh vdi cdch gidi quygt cila d p huyZn thi ddn d N c chuy&n I@n UBND dnb vd phHi d N c &i quy& m g vbng 45 ngdy.

- B d c 4: N&'u hh?, b/ dnh h d n g v%n kh8ng deng tlnh v8i d c h gjii quy&ida cB'p dnh thi c6 quy&n kien ra tba d n d n d 6 n dnh. HBAH kh&ng phdi chiu dn phi vd quy&'t d/nh cda tba dn la cds8phhp 19 cbo ddn bb.

14. C 6 cd qunn nPo glim d t viec chl t r l d6n bb khOng? - Ban qudn 19 dq dn vd Cd quan gidm sdt dac lap vd ddn bd gjdi phdngmat bhng sE theo dBi ddnh gid v& v iecdy .

IS. Ho bi Bnh hdang c6 trlcb nhI@n~ $? - Hi, b/ Hnh h d n g ca'n chuln b/ s&n sdng cdc loqi giify tb c6 lien quan dgn viec sd dung di't, sd hiYu tdi s i n cda m h h vd cdc loai gjify tbc6lienquand6n viec cd trd ta i dia ph-. - Cbng tham gia kibm k& tdi s i n trong pham vi gidi ph6ng mat bhng, xem x6t bibu mHu didu tra vd trli s i n bi Hnh h d n g vd ghi 9 ki&h vdo phigu. - Khi nh4n dd tidn d&n bb vd cdc khodn h6 trd, hob/ dnh h&gphdi giaomat bhng ddng thbi han quy d/nh kh8ng lhm chem ti&hd$thic&ngdqdn.

- N&'u ho phdi chuy&'n nhd di ndi khdc thi d&n bb day dd dift vd nhil i t d d t WBc khi thu hi% Id 3 Mng . - Hi, tdi b6 tri tr@n pha'n dB't cda m h b thi d&n bil nhA vd d c c&ng trinh x8y dgng it nhf't tnt8c khi thu h8i dift lA 2 Mng . - CBy cBi vd hoa mhu sE d w c ddn bb it nhdt Id 1 M n g trut3c khi xhy dyhg c8ng trlnh.

9. N g d i viec &n b l d c ha phl l dB1 &uy& C6 ddgc hdailng quy6n IQi nPo nUn kh8ng? - C6: hi, bj dnb hllfing thui,c loai ndy cbn ddgc h8 trd v8 di chuygn, dn djnh cuac sdng, dac biet Id cdc gin mnh chinh sdch. Cdc k h d n h8 trdthqchien the0 quy d/nb cda Nghj Djnh 197/2004/ND-CP ngdy 3/12/2004.

10. Ndu ban d n bb chl trP mot phdn dhn b l v i edc khoin h8 t M vP yeu cdu HBAH gino ddt cho dJ i n thl HBAH & d If nhdthdnlo? - CM khi ndo d w c trd day dd den bb vd cd c khoHn h6 trg theo d h g th& gian quy dinh thl hi, b/ dnb hddng m8i giao dh't hoac gidi t6a mat bhngchodqdn.

11. Ndu khi nhan &n b l m i c6 ni holc C6 t b chec MO y&u d u &ng g6p h N c 60 4 1 mot phdn tibn &n bh thl HBAH sP XI? If nhdthdnho? - Kh8ng ai dddc phCp gie, thu bfit cff khodn nd o tidn den bil d a hi, b/ dnh hddng. N&'u c6 ai hoac tb chffc ndo y@u chu gi@ lai ti&* d& n & w Mongay cho ban d&n bb huyen, ban qudn 19 dq dn h04c chinh quydn dja p h ~ g bit3 db x&l$.

16. Bdt ccl? khi nPo cdn, ho bl l n b hllilng c6 thg vidt ddn,thd bo#c dlen t h q i t rqc tigp ddn cdquan mu :

Din chi: * Dlen lJc dnh. * Ban quin If d ~ # i n Dien h#c Ml6n N m

(Ldu 3 - SB' 72 Hd BP Tntng, PBdn NghB, QuQn 1, TP H6 Cht MInh)

. ,

#C F l.Kh8ng tudt llln gdn d l n g dAy Men.

2.Kh8ng d l n g tre, tern vdng ho lc g8 c6 ldch th&c nh6 IPm d t &en.

3.Dhngslo t r e , d y g8 kh8 get dAy rnknnkbblnonnhAn

15 z '0 4.Kh8ng dung nnten gdn du lng dAy den, WI d6 rb kh i

nPmg vn quet vPo dllcmg d8y d e n

L

<W. S.Kh8ng t r i o Ibn try Men db sQn than h@c th io dB b A clfvet $.

6.Kh8ng chqt cdc cb y cao g8n d&q dAy den

Page 220: Volume Resettlement Plan - All Documents | The World Bank
Page 221: Volume Resettlement Plan - All Documents | The World Bank

Vietnam Rural Distribution Project Ba Ria - Vunq Tau Province

Resettlemeit Plant

Appendix 8

Housing Categories (Vietnamese Construction Standards)

, Power Company 2 Power Engineering B Consulting Center

Page 222: Volume Resettlement Plan - All Documents | The World Bank
Page 223: Volume Resettlement Plan - All Documents | The World Bank

Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plan

Appendix 8 - Housing Categories (Vietnamese Construction Standards)

Category Quality of Structures of Houses

Using Grade of and Fire Level of Facilities Level of Surfaces Level of Power and Water

StrUctUre~ Period Resistance Finishes SUPP~Y

Cat. 1 More than I or 11 with bed rooms, dinning With h g h grade With h g h grade of power 100 yrs. room, drawing room, finish/ and water supply and

kitchen and attached decoration sanitation facilities bathrooms in the same level materials of the apartment

Cat. 2 50 - 100 I11 with bed rooms, dinning With a few With good power z7d yrs. room, drawing room, finish/ water supply and

kitchen and attached Decoration . sanitation facilities bathrooms in the same level materials of the apartment

Cat. 3 20 - 50 yrs. IV with bed rooms, drawing Average With power and water room and kitchen in the supply of medium same level of the materials apartment

shared bathroom which may be in other level

Cat. 4 Less than V with shared 1-2 room(s) Masonry electricity for light only 20 yrs.

shared kitchen and water supply to kitchen bathroom and shared bathroom

low grade materials

Temporary There is no official specification for 'temporary' structures/houses. However, it is understood that house/structures of this category are usually built with low greie wood, plank, bamboo, leaf, straw, soil floor.. . or mixed with some low grade bricks and masonry and corrugated steel sheets for temporary housing.

Source : Vietnam Construction Standards - Chapter 8 'General Specification on Civil and Industrial Projects'

Power Company 2 Power Engineering 8 Consulting Center

- - -

Appendix 8

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plant

A~pendix 9

I n v e n t o r y of Project Affected People

Power Company 2 Power Engineering 8 Consulting Center

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plan

Appendix 9 - Inventory of Project Affected People

ChPu Dirc district

Permanently Impacted Trees Temporary Impacted

Land Permanent Land

Land lost Acquisition 1 as

2 - u j holding

Lang L h commune 1 ~ g u ~ g n Vin Chi 2 LC cic

Sub-total commune 29 12,485

~ u i i NghC commune 1 ~ m v & Vin Vui 6 296

Sub-total commune 6 296

Binh Ba commune

4 P h a r n V h ~ h h 2 1,000 Sub-total commune 16 14,210 Sub-total district 5 1 26,991

Power Company 2 Power Engineering 8 Consulting Center

Appendix 9 -116 -

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Total land holding

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Vietnam Rural Distribution Project Resettlement Ba Ria - Vung Tau Province Plan

I I I 1 I I

XuyEn M6c commune

Xuyen MQc district

1 ~ ~ u ~ 8 n V h KK& 4 900 4 2 Trhn Thu$nTAi 2 1,400 4 3 Phan Vin Em 4 450 4

-

Sub-total commune 13 3.600 1 16

Permanent Land Acquisition

e 2

Phuac Bku township 1 ~ m v g n Vin 3

Sr Head of HH No

o m

Z H

8m

3

-

Sub-total townshiv 14 2.970 1 20 - . -,. . - - -

Sub-total district 2 7 6,570 1 36 Grand Total 251 96.021 1 4 12 228

Land lost as

Permanently Impacted Trees Temporary Impacted Land

Land holding a

W

Power Company 2 Power Engineering 8 Consulting Center

Appendix 9 -6B -

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.-

Prepared and produced by

PC2 Power Engineering & Consulting Center

1D-lE, Ba Trieu Str., Ward 12, Dist. 5, Ho Chi Minh City Phone : (08) 2100 545 -Fax : (08) 957 1389 -E-mail : [email protected]

The original forms of questionnaires, minutes of community meetings, agreements on D/L routes, RP report are maintained at the PC2 PECC

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