VIE: Power Transmission Investment Program, Tranche … · Social Monitoring Report July 2014 VIE:...

Social Monitoring Report July 2014

VIE: Power Transmission Investment Program,

Tranche 2

500kV Pleiku-My Phuoc-Cau Bong Transmission

Line (Gia Lai Province)

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

Transmission Corporation and the Asian Development Bank.

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

NATIONAL POWER TRANSMISSION CORPORATION

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

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

SECOND MONITORING REPORT

INDEPENDENT MONITORING ON RESETTLEMENT AND ETHNIC

MINORITY IN GIA LAI PROVINCE

July 2014

NATIONAL POWER TRANSMISSION CORPORATION

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

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

SECOND MONITORING

REPORT

INDEPENDENT MONITORING ON

RESETTLEMENT AND ETHNIC MINORITY

GIA LAI PROVINCE

PROJECT OWNER

Central Vietnam Power Projects

Management Board

IMPELEMENTATION

Investment Consultancy and

Technology Transfer Co., Ltd

Deputy General Director

LE CHI CUONG

July 2014

INVESTCONSULT GROUP 3

TABLE OF CONTENTS

I. INTRODUCTION............................................................................................... 7

1.1. Objectives of the Project ........................................................................... 7

1.2. Scale and scope of the Project .................................................................. 7

II. SUMMARY OF RESETTLEMENT AND ETHNIC MINORITY

DEVELOPMENT PLAN (REMDP) ....................................................................... 8

2.1. Objectives of REMDP ............................................................................... 8

2.2. Impacts of resettlement from the Project ............................................... 8

2.3.1. Impact on land acquisition .................................................................. 9

2.3.2. The affected trees ................................................................................ 9

2.3.3. Affected houses and other structures ................................................ 10

2.3.4. Severely affected households ............................................................ 10

III. INDEPENDENT MONITORING ................................................................... 12

3.1. Independent monitoring the resettlement and ethnic minority

development plan ............................................................................................ 12

3.2. Objective of the independent monitoring .............................................. 12

3.3. Monitoring places .................................................................................... 13

3.4. Monitoring indicators ............................................................................. 13

3.4.1. Monitoring indicators for RP ............................................................... 13

3.4.2. Monitoring the implementation of EMDP ........................................... 15

3.5. Implementation method .......................................................................... 15

3.5.1. Information collection ....................................................................... 15

3.5.2. Sampling ............................................................................................ 16

IV. RESULTS/FINDINGS FROM THE REMDP MONITORING................... 18

4.1 Implementation progress .................................................................... 18

4.2 Implementation progress of REMDP ................................................ 19

4.3 Monitoring indicators ......................................................................... 19

4.3.1. Information dissemination ................................................................ 19

4.3.2. Inventory of losses ............................................................................. 20

4.3.4. Recovery of civil infrastructure ......................................................... 23

4.3.5. Impacts during construction phase ................................................... 23

4.3.6. Site for relocation .............................................................................. 23


4.3.7. Support for affected households ........................................................ 23

4.3.8. Gender, ethnic minority and vulnerable households issues.............. 25

4.3.9. Level of satisfaction .......................................................................... 27

4.4. Problems during the implementation ................................................ 27

4.5. Complaints and grievances ................................................................ 27

V. CONCLUSION AND RECOMMENDATIONS ............................................ 28

5.1. Conclusion ................................................................................................ 28

5.2. Recommendations ................................................................................... 28

ANNEX1: LIST OF OFFICIALS APPROACHED ............................................ 30

ANNEX 2: PHOTOS OF FIELD VISITS ............................................................. 31

ANNEX 3: APPRAISAL DECISION/COMPENSATION PLAN/MINUTES

OF INVENTORY .................................................................................................... 32

ANNEX 4: RECORD PAPER AND THE PETITION FROM HOUSEHOLDS39

ANNEX 5: SURVEY TOOL .................................................................................. 46


LIST OF TABLES

Table 1: Components of the Project .............................................................................. 7

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

Transmission line ............................................................................................................. 8

Table 3: Permanent land acquisition in 500 kV Pleiku – My Phuoc – Cau Bong

project ................................................................................................................................ 8

Table 4: Type of affected land ........................................................................................ 9

Table 5: Distribution of affected trees ........................................................................... 9

Table 6: Affected houses and other structures ............................................................. 10

Table 7: Impact of land acquisition on severely affected household ......................... 10

Table 8: Monitoring places ............................................................................................. 13

Table 9: Number of interviewed APs ............................................................................. 17

Table 10: Construction progress .................................................................................... 18

Table 11: Information dissemination methods ............................................................. 20

Table 12: Completeness in terms of AHs’ Assets ......................................................... 22

Table 13: Satisfaction level ............................................................................................. 27


ABREVIATIONS

ADB : Asian Development Bank

AHs : Project Affected Households

APs : Affected People

CLRD : Center for Land Resource Development

CPC : Communal People’s Committee

CPMB : Central Power Management Board

DMS : Detailed Measurement Survey

DPC : People Committee of District

IOL : Inventory of Losses

LURC : Land Use Right Certificate

MAH : Marginal Affected Households

MARD : Ministry of Agriculture and Rural Development

NPT : National Power Transmission Corporation

PC : People’s Committee

PECC4 : Power Engineering Consulting Company 4

PPC : People Committee of Province

REMDP : Resettlement and Ethnic Minority Development Plan

ROWs : Right of Ways

RP : Resettlement Plan

SAH : Severally Affected Household

SPS : Safeguard Policy Statement


I. INTRODUCTION

The Government of Vietnam (GOV) has requested the Asian Development Bank

(ADB) to provide a loan toconstruct new electricity distribution system including a

436.673 km - long Pleiku – My Phuoc – Cau Bong 500kV transmission line from

Pleiku to Cau Bong via My Phuoc in southern area of Vietnam. The proponent and

Executing Agency for the loan is the National Power Transmission Corporation

(NPT), Vietnam’s state-owned electricity transmission company which is

responsible for the planning and nationwide distribution of electricity. The Central

Vietnam Project Management Board (CPMB) is responsible for the operation of the

power system in central Vietnam and will be the Executing Agency of the Project.

NPT has identified the 500kV Pleiku–My Phuoc – Cau Bong transmission line as a

high priority project and one of several projects for construction in order to meet its

target of connecting 90% of the population to electricity by 2020 and 100% by

2025.The proposed 500kV transmission line in the Central Highlands to Ho Chi

Minh City – My Phuoc – Cau Bong will meet energy demand in the South of

Vietnam which is growing at 14% per year and expected to balloon out to 25% by

2015. The construction of 500 kV Pleiku – My Phuoc – Cau Bong transmission line

together with expansion of Pleiku substation will be an enhanced and more reliable

energy supply to the provinces in the South of Vietnam, especially to industrial

zones in the area.

1.1. Objectives of the Project

- The 500kV Pleiku – My Phuoc – Cau Bong Transmission Line Project, which

is a part of the National Electricity Network, maintains the supply of electricity

to the development need of the South of Vietnam in the 2014-2015 period.

Moreover, the Project also ensures the connectivity of the transmission

networks within Vietnam, Laos and Cambodia to 2015.

- The Project helps to increase the reliability of power supply, reducing the risk

of electricity losses. It will also optimize capacity of power plants in order to

provide electricity continuously and safely to the sub-loading lines of the South

in particular and the whole country in general.

1.2. Scale and scope of the Project

The Transmission Line (TL) takes place within the boundaries of 06 provinces and

city namely: Gia Lai, DakLak, DakNong, BinhPhuoc, Binh Duong and Ho Chi

Minh City. In Gia Lai area, the transmission line passes through 18 communes

which belong to districts: Chu Pah, IaGrai, Pleiku City, Chu Prong, and ChuPuh

with the length of 82.768km.

Table 1: Components of the Project

Component Length Starting point Ending point Number

of towers

TL passes Gia Lai

province

82,768 Bus bar 500kV

Pleiku

transmission

station

G15 + 403m 173


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

Transmission line

Item Technical Data

Length (km) 436.673

- Starting point At 500 kV bus bar at Pleiku 500 kV

substation

- End-point At 500 kV bus bar at Cau Bong

500kV substation

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

Earth grounding width 60m from the 16

th meter from the

center line

Voltage 500 kV

Number of circuits 2

Conductor 4xACSR-330/43

Earth wire OPGW-90 & PHLOX-116

Optical repeater cable 24 fiber lines

Suspension towers (number) 808

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

- Area requirement/tower 337.62 m²

Tension towers (number) 118

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

- Area requirement/tower 653.4 m²

II. SUMMARY OF RESETTLEMENT AND ETHNIC MINORITY

DEVELOPMENT PLAN (REMDP)

2.1. Objectives of REMDP

Objectives of REMDP are summarized as follows:

- REMDP, which was made during project preparation stage, is to minimize

negative impacts of the Project on AHs;

- Land acquisition and resettlement caused by the Project must be minimized;

- Improve or at least maintain living standards of APs in comparison with those

prior to the Project.

2.2. Impacts of resettlement fromthe Project

The 500kV Pleiku – My Phuoc – Cau Bong transmission line went through 18

communes/4 districts and 1 city belong to the Gia Lai province. The Project had to

process to permanently acquire 128 households with 173 tower positions, mainly

agricultural land. The implementation of the Project also impacted on 39

households and other 43 works.

Table 3: Permanent land acquisition in 500 kV Pleiku – My Phuoc – Cau Bong

project

No Provinces Number of

permanent AHs

Number

of towers

Acquired land

(m2)

1 Gia Lai 128 173 46,220


2.3.1. Impact on land acquisition

Within 32m width of ROWs of 82,768 km in total in the province, there were

2,563,731m2

belong to ROW, in which 46,220 m2

land taken permanently for tower

construction.The following table presents project’s affected lands:

Table 4: Type of affected land

N

o

Provinces

and

Districts

Distribution in restricted Lands under

ROWs (m2)

Total of

restricted

Lands

under

ROWs

Permanentl

y Acquired

Lands Agricultu

ral Land

Paddy

Land

Forest

Land

Residen

tial

Land

1 Chu Pah 43,312 3,551 - - 46,864 4,121

2 IaGrai 443,148 52,361 - 1,402 496,911 15,966

3

Pleiku

City 118,883 - - - 118,883 5,389

4 Chu Prong 550,253 - 1,535 - 551,788 19,281

5 Chu Puh 21,532 - 48,060 - 69,592 1,463

Total 1,177,128 55,912 49,595 1,402 1,284,038 46,220

2.3.2. The affected trees There are about 31,389 trees affected by the Project, mainly industry trees with

highly economic value such as rubber, coffee, and cashew. The remaining trees are

several of fruit trees, forest trees, timber, and shade trees, etc.

Table 5: Distribution of affected trees

No District

Industrial

Trees

Fruit

Trees Others Total

1 Chu Pah 3,450 480 30 3,960

2 IaGrai 41,026 0 88 41,114

3 Pleiku City 6,783 0 0 6,783

4 Chu Prong 33,042 30 0 33,072

5 Chu Puh 1,270 0 0 1,270

Total 85,571 510 118 86,199


2.3.3. Affected houses and other structures

Besides 39 houses must be replaced, the TL also affects other 43 works including

kitchens, yards, huts, bathrooms/latrines, animal shelter, etc. Those affected houses

and other works were determined according to Decree 106/NĐ-CP and Decree

81/NĐ-CP on Protection of Safety corridor of High-Voltage Power Grid Works.

Table 6: Affected houses and other structures

No District

Number of Affected Houses and Other

Structures

Hou

ses

Kit

chen

s

Bath

room

s/

Latr

ines

Wel

ls

An

ima

l

Sh

elte

rs

Ya

rd

Oth

er

stru

ctu

res

Total

1 Chu Pah District 4 3 0 1 3 0 11

2 IaGrai District 17 6 3 2 1 4 33

3 Pleiku Town 2 0 0 1 3 0 6

4

Chu Prong

District 16 2 2 3 3 3 29

5 Chu Puh District 0 0 0 0 0

Subtotal 39 14 5 7 10 7 82

2.3.4. Severely affected households

According to REMDP and RP, severely affected households refers to affected

households who will lose 10% or more of their total productive land and/or assets,

have to relocate; and/or lose 10% or more of their total income sources due to the

Project. The permanent land acquisition affected to 5 severely affected households,

in which 01 household is the Kinh people and 04 households are ethnic minority

people.

Table 7: Impact of land acquisition on severely affected household

Province Number of SAHs Kinh’s people Ethnic

Minorities

Total 5 1 4

Legal framework


The legal and policy framework for compensation and resettlement under the

Project is defined by the relevant laws of the Government of Viet Nam.

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

- Law on Complaints, approved by the National Assembly in 2011.

- Government’s Decree No.181/2004/ND-CP, dated October 29, 2004, Guiding

the Implementation of the Amended 2003 Law on Land.

- Government’s Decree No.84/2007/ND-CP, dated May 25, 2007, providing

additional guidance on the grant of land use right certificates, land recovery,

exercise of land use rights, order and procedures for compensation, support

and re-settlement when land is recovered by the State.

- Government’s Decree 197/2004/ND-CP, dated December 03, 2004, regulating

compensation, assistance and resettlement when the State acquires the land.

The Decree provides guidance on implementation of land compensation,

assets compensation, support and resettlement policy related to land

acquisition.

- Government’s Decree 188/2004/ND-CP, dated November 16, 2004, on

methods to identify land price and land price frame for different types of land.

- Government’s Decree 123/2007/ND-CP, amending and supplementing some

articles of Decree 188/2004/ND-CP.

- Government’s Decree 69/2009/ND-CP, dated August 13 2009, additionally

providing for land use planning, land acquisition, compensation, assistance

and resettlement in case of land acquisition, regulating the land price, land

allocation and lease, and additional requirements related to land use rights.

- Government’s Decree 106/2005/ND-CP dated August 17, 2005, regulating the

protection and safety corridor of high-voltage power grid works. Some articles

of this decree was amended and supplemented by Decree 81/2009/ND-CP

dated October 12, 2009.

- Circular 144/2004/TT-BTC, dated November 26 2004, of the Ministry of

Finance providing guidelines on the implementation of Government’s Decree 188 on land price evaluation.

- Circular No. 14/2009/TT-BTNMT of the Ministry of Natural Resources and

Environment, detailing the compensation, support and resettlement and order

of and procedures for land recovery, allocation and lease.

The above regulations form a framework that allows local authorities in each

province issues their own decisions and regulations. Through these decisions and

regulations, compensation rates and other supporting mechanism for households

affected by land acquisition and resettlement are regulated. The decisions in Gia Lai

province are as follow:

- Decision 05A/2011/QD-UBND dated 25th April 2011 of provincial PC on

promulgating compensation, support and resettlement regulations for

acquisition in Gia Lai province;


- Decision 19/2010/QD-UBND dated 28th September 2010 of Gia Lai

provincial PC on promulgating the support rate of living house, works for

daily living of households, individuals, types of land and tree were limited to

use during the construction of high-voltage volume in Gia Lai province;

- Decision No. 36/2011/QD-UBND dated 21December 2011 of Gia Lai

Provincial PC on Setting Land Price Brackets for Land Categories in Gia Lai

Province in 2012.

- Decision No. 31/2012/QD-UBND dated 20 December 2012 of Gia Lai

Provincial PC on Setting Land Price Brackets for Land Categories in Chu Pah

District in 2013.

- Decision No. 38/2012/QD-UBND dated 20December 2012 of Gia Lai

Provincial PC on Setting Land Price Brackets for Land Categories in IaGrai

District in 2013.


Provincial PC on Setting Land Price Brackets for Land Categories in Pleiku

City in 2013.


Provincial PC on Setting Land Price Brackets for Land Categories in Chu

Prong District in 2013.


Provincial PC on Setting Land Price Brackets for Land Categories in Chu Puh

District in 2013.

- Decision No. 10/2013/QD-UBND dated 22 May 2013 of Gia Lai Provincial

PC on Setting Price Brackets for Newly Built Houses and Structures on Lands.

III. INDEPENDENT MONITORING

3.1. Independent monitoring the resettlement and ethnic minority development

plan

To implement Resettlement and Ethnic Minority Development Plan (REMDP) is a

complicated task. It should be regularly monitored by the Project management unit

(PMU), local authorities related to the Project. Monitoring process is known as

internal monitoring. Besides internal monitoring, the ADB always requires an

objective source of information that separate from the internal report. This source is

called Independent Monitoring and will be implemented by an external monitoring

agency that is independent from the CPMB.

3.2. Objective of the independent monitoring

The main objective of the monitoring and consulting service is to make sure the

APs of the 500kV Pleiku – My Phuoc – Cau Bong Project will receive full supports

and benefits as stated in approved REMDP.

The monitoring activities are conducted in order to:

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

are aligning with the RP or not. Propose solutions if necessary;


(iii) Assess if the rehabilitation and compensation methods are fully complied

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

propose mitigation measures.

3.3. Monitoring places

The monitoring sites would be categorized into two types, which are (i) official

agencies related to the Project and (ii) at the construction sites. In particular:

(i) At the PMU office, Compensation Council/ Center for Land Resource

Development (CLRD) and PC of related districts/wards, communes.

(ii) At the Project sites: Interviewing AHs.

At the second monitoring phase, the Consultant discussed with representatives of

PMU, CLRD and PC of related districts/wards, communes as following:

Table 8: Monitoring places

No. District Commune

1 Chu Pah NghiaHung, PhuHoa

2 IaGrai IaDer, IaPech

3 Pleiku city IaKenh

4 Chu Prong IaVer, Ia Bang

3.4. Monitoring indicators

During the implementation of REMDP, the Consultant will conduct the monitoring

and evaluation based on the following indicators:

3.4.1. Monitoring indicators for RP

RP monitoring indicators includes but not limited to these indicators:

a) Monitoring of organizations, units implementing RP

- Organizations and units implementing RP (name, number of staffs, job

description of each organization, etc.).

- Related agencies (local authorities, departments and unions, etc.). The

cooperation mechanism within related agencies, responsibility of each

agency, etc.

b) Monitoring of compensation payment

- Payment in full amount for the assets losses; compensation based on

replacement cost;

- Payment on time for all Ahs (according to RP).

c) Monitoring the reconstruction of civil infrastructures


- All basic infrastructure (water supply, drainage system, roads, etc.) need to

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

ones.

d) Monitoring the provision of resettlement places (if any)

- Interview APs who is qualified to be resettled in the resettlement places to

check if they were consulted on the location of the resettlement places,

houses and lands. Supervise to check if the resettlement places are located in

environmental sensitive areas or not;

- Supervise the selection of resettlement areas, designs, infrastructures and

location of lands (that allows APs to maintain/improve their living);

- Supervise the drainage system (if any) and its operation; supervise the waste

management activities including the method and process of waste disposal

applied in resettlement areas; observe and test smell of waste, aesthetic

issues, the gathering of rats, insects and other transmission vectors in the

resettlement areas;

- Check if APs have been receiving all their benefits on time;

- Check if displaced households are consulted at least 03 months before

replacement take place;

- And other issues stated in RP and other findings from reality observance.

e)Satisfaction level monitoring

- Assess the satisfactory level of the APs in terms of different aspects of RP

which are monitored and taken note; and

- Assess the problems of grievance and compensation and time framework(

time of settling complaints);

- Propose measures for remained problems

g) Monitoringof information publicity and communities consultation

- Check if they were consulted or not on issues related to their rights such as

compensation rate, policy of rights, location, designs and distribution of land

in resettlement areas;

- Involve in meeting of people organized by CPMB or Provincial/District’s Committee of Compensation to know more about current situation of the

implementation of RP as well as newly arose problems to give suggestion on

time;

- Check information related to RP at local agencies and supervise the

dissemination of information to APs.

h) Result of the communication activities for the prevention of HIV/AIDS and

human trafficking (such as the number of attendants, method, frequency of

promotion activities, etc.)

i) Level of living standard

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

recovery;


- Research on basic level of living standard of Ahs before and after the

resettlement to assess the improvement of APs’ living standard; - Predict the recovery of Ahs’ income and living standard; - The recovery of SAPs;

- Assess the financial supports to Ahs as stated in RP;

- Supervise the rehabilitation support to SAPs.

3.4.2. Monitoring the implementation of EMDP

The Consultant will monitor content of the EMDP from implementation to

management. Main monitoring indicator includes

a) Monitoring of compensation payment

- Pay in full amount for assets lost and replacement cost;

- Pay on time for AHs.

b) Satisfaction level

- Satisfaction level of AHs to different aspects in EMDP;

- Complaints on compensation and duration for its settlement.

c) Information publicity and community consultancy

- Whether AHs get enough information and were consulted on issues related to

their rights;

- Study the problems in the implementation of REMDP and provide

suggestions.

3.5. Implementation method

The monitoring is carried out by a combination of document analysis

method,quantitative method (Direct interview based on Questionnaire Survey) in

and qualitative methods (In–depth interview and Focus Group Discussion with key

persons and APs).

The Consultant has prepared a questionnaire and guidelines for in-depth interview.

The collection of information related to the resettlement will be carried out in the

CPMB, the district Compensation Board/ Center for Land Resources Development

(CLRD) and the affected households. The evaluation results are compared with the

field monitoring results.

3.5.1. Information collection

3.5.1.1. Document analysis

Before monitoring, the Consultant has thoroughly researched following documents:

- EMDP of the Project;

- TOR for monitoring activities;

- Compulsory resettlement policies of ADB (2009);

- Policies of Vietnam’s Government on land acquisition, compensation, support and resettlement as:


- Documents / memorandum related to REMDP implementation and resettlement

policy framework of compensation, support and resettlement which ADB were

not opposed and was approved by the Prime Minister; and

- Other related documents.

3.5.1.2. Qualitative method

Monitoring experts exchanged with PMU’s leaders and officials in charge of resettlement, officials in charge of land acquisition compensation of District Center

for Land Resource Development to gather information and related data. The in-

depth interviews APs are integrated in the interview questionnaire.

3.5.1.3. Quantitative method

The monitoring team conducted a survey to gather information and assess the

implementation of compensation and resettlement of the project.

Based on the list of AHs provided by CLRD, the Consultant selected randomly

numbers of households to interview. The objects of interview include women, the

elder and other vulnerable groups.

3.5.2. Sampling

Monitoring places of phase 1 were divided into 2 types: (1) the official agencies

related to the Project and (2) at project sites. These specific places are:

- At the Central Vietnam Power PMU office, Compensation and Site Clearance

Boardand communal PC of Gia Lai’s districts and CPCs;

- At the Project sites: Interviewing AHs in the Project area, taking some photos of

typical cases.

Selection and classification of objects

In the second monitoring phase, interview objectsthat staff of independent

monitoring unit have to contact and work with can be classified into 2 main groups:

Group 1:Officials that directly or indirectly involve in mitigating impacts on people

and the environment, especially officials of construction units. Besides it, it also

includes officials of CPMB and local authority.

Group 2: households that have assets affected by the construction of project


Sampling

Based on the contract between PMU and the Consultant, the sampling is to

interview 10% the number of APs along the whole route according to approved

compensation plan.

At the second monitoring, the Consultant has selected randomly AHs to ensure to

the involvement of vulnerable groups, the Consultant selected as follows:

(1) All communes in project area will be monitored;

(2) Interview 100% severely affected households;

(3) The selected AHs have included minority people and vulnerable households.

The number of households in the second monitoring phase as below:

Table 9: Number of interviewed APs

No. District Commune

Number of interviewed households

SAH MAH

Total Kinh

Ethnic

minorities Kinh

Ethnic

minorities

1 Chu Pah Nghia Hung - - 3 - 3

PhuHoa - - 3 - 3

2 IaGrai Ia Der - - 4 1 5

IaPech - - 4 1 5

3 Pleiku

city IaKenh 1 - 4 - 5

4 Chu

Prong

Ia Bang 1 - 4 - 5

IaVer - - 4 1 5

Total 2 - 26 3 31

The remaining communes belong to project area will be monitored in the following

monitoring phases.


IV. RESULTS/FINDINGS FROM THE REMDP MONITORING

4.1 Implementation progress

The project in Gia Lai province was divided into 2 packages numbered 01 and 02, which implemented by 02 different Constructors. Until

the monitoring time, the progress is as following:

Table 10: Construction progress

Package

name Constructor

Length

(km)

Number of

positions

Digging

position Mound

Tower

position

Foundatio

n ratio

(%)

Percentage

of tower

built (%)

Number

of towers

received

Number

of

completed

towers

Package

01 (ĐĐ-

G6

&NXT)

Power

Construction and

Engineering one

member limited

Company Number

4

27.220 58 58 58 58 100% 100% 58 58

NXT 500kV

Pleiku Completed

Package

02 (G6-

G13) Vietnam Power

Construction JSC.

38.630

142 142 142 142 100% 100% 142 142 Package

03 (G13-

G17)

28.410


4.2 Implementation progress of REMDP

Due to the Project only acquired permanently land for construction of foundation

tower, corridor, the compensation is only for works, tree and rice, the compensation

was divided into 2 phases (1) land compensation and other assets at tower position

(aims to site clearance) and (2) compensation and support for affected assets in

safety corridors.

The implementation of compensation and site clearance has been conducted since

2011. At that time, to speed up the construction schedule of the project, the investor

(AMT) paid part of the capital in advance (about 70% of the compensation plan) to

pay for the households affected by land acquisition to construct the foundation

towers (before the compensation plan was approved) to serve the construction

ground.After the plan had been approved, the other assets were compensated. From

2012, the compensation and payment to affected households was done once after

the compensation plan had been approved

AMT coordinating with Compensation and Site Clearance Board of Gia Lai’s districts have implemented following activities of RP for Pleiku – My Phuoc – Cau

Bong 500 kV transmission line Project:

- Establishment of the detailed compensation plan: inventory, applying prices for

each household;

- Submitting detailed compensation plan to PC of district so that it can issue the

Decision on land and detailed assets acquisition;

- Combining with the Project Owner to make compensation payment for AHs;

- Site clearance under grid safety corridor as regulated;

- Combining with AMT to settle hindrances and disputes, complaints of AHs on

compensation;

- Collecting all documents and costs of compensation and site clearance and

finalizing withAMT.

4.3 Monitoring indicators

4.3.1. Information dissemination

Information dissemination is an important part of ADB’s policies and the Government of Vietnam. Information dissemination is an important activity to

contribute to the success of the Project in general and the compensation payment,

resettlement in particular. Publicity aims to ensure all APs to reach the entire

project’s information, understand their benefits, reduce the complaints during the implementation of the Project and contribute to the Project’s progress. Through discussion with Compensation and Site Clearance Board in districts and

PCs of communes in the Project area, it was seen that the information dissemination

was done efficiently. The documents of safeguard policies were delivered to

affected communes and published in all PCs of communes.


To prepare for check and site clearance, CPMB had a document sending to

provincial PC to inform about land acquisition for project construction in the area of

province/city. After having the decision to create Compensation Council, CPMB

processed to work with compensation council, provincial PC, communal PC to

public construction plan. Those days was recognized as the close day of the Project.

After the construction plan announced, the officials of CPMB – Site clearance

department coordinated with Compensation and Site Clearance Board to organize

meetings in every affected commune. The contents were:

- Informing the scale of project in the area of commune;

- Informing about the compensation policies;

- Informing about the inventory plans;

In each communes, there are usually 3 meeting happens in different time: before

inventory, after inventory; after the construction plan published.

Table 11: Information dissemination methods

No. Information dissemination methods Implementation

RP Reality

1 Organize meetings to announce about the Project Yes Completed

2 Public speakers Yes Completed

3 Publicly posting policy framework in local places Yes Completed

4 Instruct grievance process and complaint settlement Yes Completed

This table has shown that the information dissemination was implemented in

accordance with the RP. Most of interviewed APs understood the supporting

policies and learn how to process the complaints as necessary.

As the result of the second monitoring, the local officials together with head of

villages have gone to the construction area and informed about the Project to every

APs. Besides, APshave also learned about the Project by the public information at

communal PC or listen to public speakers. After understand the Project’s information, 100% number of APs were invited to attend a meeting to have more

understanding about the Project.

4.3.2. Inventory of losses

During public community consultation in offices of communal PCs, representatives

of related agencies will inform AP about the time of inventory, simultaneously

invite them to take part in the inventory process. The unit participating in inventory

includes:

- Owners of the affected assets;

- Officials of the Compensation and Site Clearance Board and Resettlement;

- Officials of the Consultant performed REMDP (JSC Electrical construction No.4)

- Representatives of local authorities (commune / ward / district);

- Representatives of the Project Owner at local area.


After the inventory completed, all parties will certify in the working minute which

are considered as a basis of price application with damaged assets.

As noted by the monitoring team, all AHs have representatives participating in

inventory process and certification on the minute of working (details as in Annex

4).

On the basis of the inventory record at site area, Compensation and Site Clearance

Board will carry out the price application for the affected assets,assistances (if any)

for each AH and compensation plans. Compensation plans will be posted at the

communal/ward PC office, if households had any problem questions regarding to

compensation plans, they can contact the representative of local authority or Board

of Compensation, Assistance and Resettlement.

4.3.3. Compensation payment

4.3.3.1.Validity of compensation documents

Each compensation documents of AH include following papers:

(i) Minutes of asset inventory;

(ii) Minutes of situation identification;

(iii) Drawings;

(iv) Detailed compensation, supporting plan of each household;

(v) Minutes of compensation payment; and

(vi) Complaints in written (if any).

In addition to the above documents, some other materials/papers are also considered

such as compensation plan, decision on approving compensation plan,

supplemented compensation and support plan (if any), decisions on settling

complaints of local authorities, etc.

Validity of compensation documents is assessed through (i) completeness of above

administrative documents, (ii) appropriation in terms of time between

documents/papers, (iii) completeness of signatures and (iv) accuracy of calculations.

Result of random checking of compensation documents of AHs is as follow:

- Each document has all above-mentioned papers

- Calculate the complete benefits of AHs corresponds to the affected types

- Time between documents/papers is appropriate

- Data of documents is unified

- Calculations are accurate

- Having all related signatures.

4.3.3.2.Completeness in terms of quantity

Completeness in terms of quantity of AHs’ assets is assessed through (i) comparison between Minutes of asset inventory, compensation calculation

worksheet and Minutes of compensation payment, (ii) interviewing AHs.


Result of checking and comparing all documents and papers show that: all assets of

AHs that have been inventories have been calculated sufficiently in compensation

calculation worksheet. There is no difference in terms of quantity in the Minutes.

The amount of payment for households in the Minutes of compensation is totally

the same as the approved amount in the Decision of compensation approval.

Besides, the Consultant has interviewed some households received compensation to

assess the completeness in terms of quantity of affected assets. Result of checking

documents and interviewing AHs is summarized as follows:

Table 12: Completeness in terms of AHs’ Assets

Commune

s

1.

Participating

in

measurement/

inventory

2. Insufficient

measurement/

inventory

3.

Documents

clearly

show

figures

4.

Shortage

in

planning

5. No. of AHs

received

compensatio

n/ not fully

paid for

affected

assets

Yes No Yes No Yes No Yes No Yes No

ChuPah 6 0 0 6 6 0 0 6 6 0

IaGrai 10 0 0 10 10 0 0 10 10 0

Pleiku city 5 0 0 5 5 0 0 5 5 0

Chu Prong 10 0 0 10 10 0 0 10 10 0

Total 31 0 0 31 31 0 0 31 31 0

All checked documents are clear and sufficient, compensated assets are equal to the

inventoried assets. All interviewed households participated in the process of assets

measurement and inventory, before the Compensation committee of districts

established compensation plan and submitted to the local authorities for approval.

4.3.3.3. Compensation payment

Up to the time of monitoring, five districts of Gia Lai province had approved 59

compensation plans to compensate for foundation towers, corridors and other affect

during the construction. The detail is represented below.

Table 13: Compensation (VND)

No

. District Total amount Amount paid

In which

Compensation Support

1 Pleiku 3,920,453,279 3,920,453,279 3,880,713,279 39,740,000

2 IaGrai 28,104,113,198 28,100,461,259 27,640,790,885 463,322,313

3 ChuPuh 4,790,185,227 4,790,185,227 4,790,185,227

4 ChuPah 5,925,668,277 5,925,668,277 4,985,625,454 940,042,823

5 Chu Prong 24,779,018,261 24,779,018,261 23,954,773,336 824,244,925


Total 67,519,438,242 67,515,786,303 65,252,088,181 2,267,350,061

4.3.4. Recovery of civil infrastructure

In general, the construction work of the Project does not affect the local

infrastructure.

4.3.5. Impacts during construction phase

In addition to dig and mold foundation, constructing towers and wiring influenced

to part of agricultural land, trees and crops of the local people. All damages were

inventoried and calculated by the Construction Company and APs and then

coordinated with CLRD and CPMB to make compensation plan to conduct

compensation for AHs. Accordingly, damages caused by land acquisition for road

construction, materials site arecompensated by the Project Owner; the loss of trees

and crops by wiring is paid by the contractor. Currently, the related parties are

preparing compensation plan for these losses.

4.3.6. Site for relocation

In Gao commune, Pleiku city, the household headed by Mr. Huynh Van Cu has not

received the compensation as he did not agree with the unit price issued by PC of

the province. Relevant agencies identified and determined that this wasa special

case and hold a discussion, in which a recommendation to support Mr. Cu with 3

lots of resettlement location at Ngo Gia Kham road (Mr. Cu was supposed to pay

land use payment according to government’s regulation). However, this case has not

been solved definitely yet because AMT and the province’s PC do not have fund to

resolve such a special case.

According to record and observation of supervision group,Mr. Cu’s land plot

located on the street (60m frontage) and lied almost entirely within the safety

corridor. Through discussion with the household head, supervision team were

known that before the 500kV line running through, the family intended to use this

land plot for storage and processing of agricultural products, because of the line, the

householdcould not construct the work under power lines, which influenced

dramaticallyon production planning andbusiness of the family.

The 3 resettlement land plots that Pleiku city Land Development Center proposes

to support Mr. Cu were not regulated in REMDP as well as in the provincial

regulations or state guidelines on compensation, resettlement support;however

according to the monitoring group, this solutionwas flexible and completely

acceptable to mitigate the negative impact to the affected households

4.3.7. Support for affected households

The rate of support under REMDP that being applied in DakLak as below:

4.3.7.1. Life stability support

- In the locality of Pleiku city, there is only one householdseverely affected by

the project. This household has more than 10% of production land affected

and this household is Kinh


- Through consultancy, the consultant confirms that the severely affected

household received life stabilization support within three months with the

amount of 30 kg rice/person/month.

4.3.7.2. Support on job change

- Job changing support is applied to households that lose production land;

- LFDC in Pleiku city applied support for each m2of affected agricultural land.

Households having their agricultural land affected will receive a support

three times as much as compensation unit for job changing.

4.3.7.3. Rewards for hand over land on time


According to Decision No.28/QD-UBND dated 9th January 2012 of Pleiku People’s Committee commended for families and individuals that were exemplary in

relocation and handing over site for the 500kV Pleiku - My Phuoc - Cau Bong

Transmission Line Project (part passing Pleiku city) with the reward cost of

5,000,000.

By checking compensation plans and interview implementing staff as well as AHs,

the Monitoring team found that the support for APs had followed the current

regulations of the State and Gia Lai Provincial People’s Committee. Table 14: Support policy

No

. District Total amount

Number of household getting support

Job change Life

stability

House

moving

Support for

poor

households

1 Pleiku 39,740,000 2 12

2 IaGrai 463,322,313 65 15

3 Chu Pah 940,042,823 10 8 4

4 Chu

Prong 824,244,925

59

Total 2,267,350,061 75 8 80 12

All forms of assistance for affected households will be paid in cash (including

support for job change). It is recorded from the interviews with households getting

support tochange job thatproduction land withdrawal did not affect the total land

area of their production. The remaining land area was sufficient to produce and they

did not need to switch jobs, the amount of job change support would be invested in

reproduction.

4.3.8. Gender, ethnic minority and vulnerable households issues

In public community consultation on resettlement policy and minority development,

all issues related to gender, ethnic minority and vulnerable households were

presented for discussion. All AHs, social organization, etc. could take part in

contributing idea about project implementation, in particular:

4.3.8.1. Gender issues


Through community meeting minutes and list of participants in LFDC and

interviewing some affected females, the Consultant confirms that:

- Females in affected households have participated in project implementation

meetings;

- In the inventory process, females in households participated with the staff of

LFDC.

4.3.8.2. Ethnic Minority households

EM Action Plan is implemented according to REMDP from the preparation to

implementation step of the project. Accordingly, the affected EM households were

announced about the policies, benefit and choices of relocation, consulted fully

about the detailed inventory result.

Ethnic minority households provided conditions to develop their own culture and

economy, as well as participating in training classes, training on livestock and

cultivation knowledge. In fact, the project does not assess training needs of farming

and animal husbandry, these ethnic minority households had to find out about this

problem.

4.3.8.3. Vulnerable households

Up to present, it have been recorded that 12 poor households were affected by the

project. Based on clause 1,2 of Article 15 dated 25/4/2011 of Gia Lai

People’Committee on regulation of compensation, support and resettlement, the

support for poor family who do not relocate will receive the support of 30kg

rice/person/month during 3 months. Beside the compensation on land and assets and

the support on land use as regulated, these households were supported 30kg

rice/person/month (with 12,000 VND/kg rice)


4.3.9. Level of satisfaction

According to assessment of the Consultant, almost interviewed households are

satisfied with compensation plan that the Project proposed. Some households are

not satisfied with compensation price for land, crops or limit of support for

agricultural land. However, after considering and clarifying, PC of Gia Lai

concludes that compensation plan for those households are totally complied with

regulations of the State and PC of Gia Lai province. After that, those households

have received compensation and support as provided in the approved compensation

plan. The ratio of satisfaction of households is summarized in following table:

Table 15: Satisfaction level

No. District/City Satisfaction level

Satisfied Unsatisfied No opinion

1 Chu Pah 4 1 1

2 IaGrai 5 2 3

3 Pleiku 3 1 1

4 Chu Prong 7 1 2

Total 19 5 7

4.4. Problems during the implementation

Regarding support of agricultural land, PC of Gia Lai province has issued Decision

No. 532/QD-UBND dated 27/09/2013 on assistance level for non-acquired and

limited-use separate agricultural land under the ROW of 500kV Pleiku – MyPhuoc

– Cau Bong transmission line – Gia Lai component. Accordingly, for rubber trees

growing areas, besidesreceiving compensation and assistanceunder government’s regulation, affected households will receive additional assistance due to limited use

of land. The additional assistance is of 40% of the agriculture land price with the

same use purpose, which is acquired at the time of compensation and assistance. To

the other plants, the level of assistance is of 25%.

However, the beneficiary receiving the assistance was not mentioned in the

Decision, for instance, some enterprises hiring land to plant industrial trees or

households obtaining land from Nam PhuNhonProtective Forest Management Unit

(under Program 135) pay land tax annually as regulated. At present, there is no

document explaining clearlyabout types ofbeneficiaries for assistance under the

Decision No. 532/QD-UBND of Gia Lai PPC, this makes difficulties for project

implementation and disadvantages households.

Currently, Compensation support and resettlement Board is now requesting

opinions from PCP to make compensation plan and make payment to affected

organizations and individuals.

4.5. Complaints and grievances


Currently, four households in Ia Sao commune, IaGrai district which located in

tower 0110-0111 (Dao Quang Mao, Nguyen Xuan Thu, Pham Van Ha and Nguyen

Xuan Nam) has not received the compensation for not agreeing with the

compensation rate of agricultural land. These households said that their land, which

must be residential land, cannot be applied to agricultural land compensation rate.

At the moment, Compensation support and resettlement Board is verifying the

origin of the land for compensation.

According to records of the consultancy unit, despite being instructed about the

process and procedure of complaining and resolving complaints but the

complaining households often submit complaints/letters directly to Compensation

support and resettlement Board to solve and respond to complaints, therefore, to

avoid wasting time, the complaining households should not send complaints to the

CPC.

V. CONCLUSION AND RECOMMENDATIONS

5.1. Conclusion

To conclusion, REMDPimplementation in Gia Lai province basically followed

approved REMDP. The Consultant just has some comments as below:

- The organization structure: the relevant authorities stated in REMDP did

quite well their assignments, which contributed to the implementation of the

Project conveniently.

- The information of the Project’s dissemination information has been fully

implementedProject’s policies, complaint mechanism and resolving complaint to APs. By doing it, the Project hasn’t received any petition due to the lack of understanding of the Project.

- The property inventory, compensation plan and payment complied with the

agreement of most of APs. Most of interviewed APssaid that their assets was

counted and paid sufficiently, which proved that the compensation payment

was done timely and sufficiently.

- Compensation price: this is a sensitive matter and always being the reason

for complaints in many projects. By analysis and comparison between

compensation price and price stated in REMDPs, it was seen that the

compensation price was applied in accordance with the provisions of Gia Lai

province.

- Complaints and complaint settlement: all questions, complaints of AHs even

officially or via oral are all received and settled by the REMDP

implementation unit, following the regulated procedures.

5.2. Recommendations

In general, the implementation of REMDPs reached all requirements. Currently, the

project has closed the circuit, however it is recorded that some households

complained on compensation price. Base on the results of 2nd

monitoring, the

Consultant has some recommendations as below:

- In term of involuntary resettlement, it is requested that CLRD and other

relevant units to coordinate or solve the site clearance problems for safe

operation of power;


- In term of beneficiaries of assistance under Decision No. 532/QD-UBND,

relevant parties are recommended to clarify this issue in order to provide APs

with sufficient and accurate assistances.

- In term of households who has not agreed with the proposal compensation

plan,Compensation support& Resettlement Board is requested to urgently

verify the origin of land use, and provide satisfactory answer to the

households.


ANNEX1: LIST OF OFFICIALS APPROACHED

No. Responsible officials Title

1 Central Vietnam Power Project Management Board

Mr. Le DinhQuang Vice Director

Mr. Le Van Hieu Head of compensation department

Ms Vo NhatHuy Officials of appraisal chamber

Mr. Ong Van Tuan Compensation official on site

Mr. Nguyen My Duc Compensation official on site

2 CLRD of Pleiku city

Mr. Huynh Cong Quang Director

3 IaGrai District PC

Mr.PhanTrungTuong Vice President of District

4 Chu Prong district – Compensation council

Mr. Truong Quoc Dung Compensation Expert

5 Chu Puh district – Land Fund Development Centre

Mr. Nguyen Tan Trinh Chamber of economic infrastructure


ANNEX 2: PHOTOS OF FIELD VISITS

500 kV passing through the house of

Mr. Do Van Thin, Chu Prong district

Interview with Mr. Do Van Thin, Chu

Prong district

Work with Mr.TruongQuoc Dung –

Compensation and Site clearance Board

of Chu Prong district

Work with Mr.Nguyen Tan Trinh –

Compensation and Site clearance Board

of Chu Puh district


ANNEX 3: APPRAISAL DECISION/COMPENSATION PLAN/MINUTES

OF INVENTORY








ANNEX 4: RECORD PAPER AND THE PETITION FROM HOUSEHOLDS








ANNEX 5: SURVEY TOOL






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