NHỮNG NGƯỜI THAM GIA LẬP VÀ KIỂM TRA HỒ SƠ
|NATIONAL POWER TRANSMISSION CORPORATION |
|CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD |
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|TRANSMISSION EFFICIENCY PROJECT (TEP) |
|Subproject |
|PHUOC AN 220kV SWITCHING SUBSTATION |
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|RESETTLEMENT PLAN (RP) |
|(FINAL VERSION) |
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|January 2015 |
|NATIONAL POWER TRANSMISSION CORPORATION |
|CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD |
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|TRANSMISSION EFFICIENCY PROJECT (TEP) |
|Subproject |
|PHUOC AN 220kV SWITCHING SUBSTATION |
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|RESETTLEMENT PLAN (RP) |
|(FINAL VERSION) |
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|PROJECT OWNER |
|CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD |
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|CONSULTANT |
|POWER ENGINEERING CONSULTING JS COMPANY 4 |
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|January 2015 |
CONTRIBUTORS
|No. |Name |Assigned tasks |Signature |
|1 |Nguyen Van Thanh |Establishing report | |
|2 |Pham Hong Thai |Auditor | |
|3 |Nguyen Nhat Ha Chi |Revising the report | |
TABLE OF CONTENT
ACRONYMS 4
LIST OF TABLE 5
SUMMARY 6
I. INTRODUCTION 8
1.1. Transmission Efficiency Project (TEP) 8
1.2. 220kV Phuoc An switching substation 9
1.3. Objective of the RP 12
II. IMPACTS OF THE SUBPROJECT 13
2.1. Determination of the subproject's impacts 13
2.1.1. The subproject’s affected scope/area 13
2.1.2. Determination of affected people (APs) by the subproject 14
2.2. Type of the project’s impacts 15
III. LEGAL FRAMEWORK AND COMPENSATATION POLICIES 19
3.1. Legal framework 19
3.1.1. Vietnam's policies 19
3.1.2. OP/BP 4.12 of the WB’s policy on involuntary resettlement 20
3.1.3. Compatibility between policies of Government and the World Bank and wavers requirement 20
3.2. Compensation policies 20
3.2.1. Compensation for Loss of Agricultural Land 20
3.2.2. Compensation Policy for Loss of Standing Crops and Trees 22
3.2.3. Compensation Policy for Loss of Income and/or Business/Productive Assets 23
3.2.4. Compensation Policy for Temporary Impact during Construction 23
3.2.5. Damages to Private or Public Structures 23
3.2.6. Allowances and Rehabilitation Assistance 24
IV. COMPENSATION, ASSISTANCE AND RESETTLEMENT PLAN 26
4.1. Compensation 26
4.1.1. Compensation unit prices for land 27
4.1.2. Compensation unit prices for trees and crops 27
4.2. Assistance and rehabilitation 27
V. CONSULTATION, PARTICIPATION AND DISCLOSURE 30
5.1. Community consultation and participation of people 30
5.2. Information disclose 32
5.3. Grievance redress mechanism 32
VI. SUPERVISION, MONITORING AND EVALUATION 34
6.1. Internal monitoring and supervision 34
6.2. Independent monitoring 35
6.3. Report 35
VII. IMPLEMENTATION SCHEDULE 37
7.1 Implementation responsibility 37
7.2. Implementation schedule 40
VIII. COST AND BUDGET 41
8.1. Basic of cost estimation 41
8.2. Survey on Replacement Cost 41
8.3. Cost estimation for the implementation of RP 42
8.3.1. Cost of detail measurement survey 42
8.3.2. Cost of compensation 42
8.3.3 Cost of assistances 43
8.3.4 Cost for CRC 44
8.3.5 Cost of independent monitoring 44
8.3.6 Contingency 44
ACRONYMS
|CPPMB |: |Central Vietnam Power Project Management Board |
|CPC |: |Commune People’s Committee |
|CARC |: |Compensation, Assistance and Resettlement Committee |
|DPC |: |District People’s Committee |
|EVN |: |Vietnam Electricity |
|F/S |: |Feasibility Study |
|EM |: |Ethnic Minority |
|EMP |: |Environmental Management plan |
|GOV |: |Government of the Socialist Republic of Viet Nam |
|HH(s) |: |Household(s) |
|HW |: |Highway |
|MONRE |: |Ministry of Natural Resources and Environment |
|EVN-NPT |: |National Power Transmission Corporation |
|AH(s) |: |Affected Household(s) |
|AP |: |Affected People |
|PMB |: |Project Management Board |
|PPC |: |Provincial People’s Committee |
|PECC4 |: |Power Engineering Consulting J.S Company 4 |
|PO |: |Project owner |
|RP |: |Resettlement Plan |
|ROW |: |Right-of-Way |
|SMIC |: |Safeguard monitoring independent consultancy |
|SS |: |Substation |
|T/L |: |Transmission Line |
|TPP |: |Thermal Power Plant |
|VND |: |Viet Nam Dong |
|WB |: |World Bank |
Temporarily affected land: is restricted to use, under the ROW of high voltage transmission lines and can be affected during pulling conductor/cable (according to Decree No.14/2014/ND-CP dated February 26th, 2014).
Temporarily affected houses/structures: are restricted to use, under the ROW (according to Decree No.14/2014/ND-CP dated February 26th, 2014).
LIST OF TABLE
Table 1: List of auxiliary work items for the project construction 10
Table 2: Number of AHs by the subproject 14
Table 3: Area of land acqusition 16
Table 4: Permanent impact on tree, crop 17
Table 5: The area of temporarily affected land 17
Table 6: Public consultation 31
Table 7: Main activities for internal monitoring and evaluation 34
Table 8: Compensated land area 43
Table 9: Compensation price 43
Table 10: Cost of assistances 44
Table 11: Total cost for RP implementation 45
SUMMARY
The report’s objectives:
The RP report’s objective is to establish the plan to implement compensation and livelihood stability for the project affected households.
Scope of the study:
The RP of the 220kV Phuoc An Switching Substation is studied within the scope, including: (i) the substation area; (ii) the 220kV transmission line to connect to the substation, the road to access to the station and the 22kV serving power line for construction and operation.
1 - Main specification of the project
The proposed 220kV Phuoc An switching substation project will be located in Dai Hoi Village, Phuoc An Commune, Tuy Phuoc District, Binh Dinh Province.
The permanent area occupied by the projects is 70,879.12 m2; the affected area is mainly eucalyptus, mango, corn and a small portion of rice.
Project owner: National Power Transmission Corporation (EVN-NPT)
The PO’s representative: Central Viet Nam Power Project Management Board (CPPMB)
Total investment cost: 162,722,912,000 VND.
Capital source: Using construction investment capital and loan (TEP project) from the World Bank (WB).
2 – Project’s objectives
The “220kV Phuoc An Switching Substation” project aims to connect 220kV transmission lines in Binh Dinh province during the period of 2015-2020. In future, this station will be the load station to meet the load demand on the rise of Binh Dinh province and to share the load for 220kV substation Quy Nhon (can not expand the existing stations).
3 - Impacts caused by the project
- The subproject will affect 60 households (248 people), all households are living at Dai Hoi Village, Phuoc An commune, Tuy Phuoc district, Binh Dinh province.
- To facilitate the construction of substation, foundations of overhead transmission lines, the project will permanently acquire 70,897.12m2 productive land area of AHs.
- To minimize impact on the lives of household, the project site was selected to avoid causing impact on house and architectural structure of AHs.
- The subproject will affect many trees/crops of local people, such as 2,865 mango trees, 22,760 eucalyptus trees, 15,438 m2 of corn, and 9,400 m2 of rice.
• The Resettlement Plan (RP) of “220kV Phuoc An Switching Substation” project is established based on the involuntary resettlement policy (OP 4:12) of the World Bank and the Policy Framework of the Transmission Efficiency Project (TEP).
• The compensation to the affected households is expected to begin in the first quarter of 2015, total estimated costs expected for the implementation of the Resettlement Plan is 11,142,809,254 VND (530,610 USD) (this estimated cost will be updated when during the implementation of the project to ensure the principle of compensation at replacement cost).
INTRODUCTION
1.1. Transmission Efficiency Project (TEP)
The National Power Transmission Cooperation (EVNNPT) is developing Efficient Transmission Project (TEP) with funding from the World Bank (WB). The Project Development Objective (PDO) for TEP is to support the implementation of an investment programs to increase capacity of Vietnam’s electricity transmission grid, improve efficiency and reliability of electricity services and strengthen the institutional capacity of the National Power Transmission Corporation. The direct beneficiary of the project would be Vietnam’s electricity transmission company NPT. Indirect beneficiaries would include all segments of population. They would benefit from: (i) Improved reliability, which will reduce unserved demand and the number and duration of power outages; and (ii) Increased energy efficiency, which will reduce overall costs and GHG emissions. The project would also bring direct temporary benefits for skilled and unskilled workers that would be employed for the construction of the project.
The proposed project is comprised of the following three components: (i) The Transmission Infrastructure Component; (ii) The Smart Grid Component; and (iii) The Capacity Building and Institutional Strengthening Component.
• The Transmission Infrastructure Component will finance transmission lines and substations at voltage levels of 220kV and 500kV. The investments will target three areas that are key to the overall economic development of Vietnam, namely the Greater Hanoi Area, the Greater Ho Chi Minh City Area and the Mekong Delta. Investments at the 500kV level will help increase the transport capacity of the main 500kV trunk system while increasing its reliability. Investments at the 220kV level are aimed at increasing the capacity of the supply points to the distribution utilities and improve the reliability of the network that serves these points.
• The Smart Grid Component will support modernization of monitoring, control, and protection equipment in 500kV and 220kV substations to improve the reliability of the interconnected power system as a whole and of some bulk-supply points in the distribution network. Today, 60 percent of the faults in substations are a consequence of faulty operations of monitoring, control, and protection equipment. Aided by monitoring and control gear, protection equipment: (i) detects - among other things - the locations and intensity of faults and, based on such information, determines what equipment should be disconnected to protect the system from damage; and (ii) decides when disconnected equipment should be reconnected to ensure that interruptions in the provision of electricity services are minimized.
• The Capacity Building and Institutional Strengthening Component will contribute to the gradual development of NPT to become an independent transmission company with revenues from the application of cost-of-service regulation in the transmission sector. The steps to be supported in this operation include the definition of technical and financial performance indicators, the introduction of enterprise asset management systems and strategies.
The Resettlement Plan (RP) of “220kV Phuoc An Switching Substation” subproject is established under the Policy Framework of the Transmission Efficiency Project (TEP).
1.2. 220kV Phuoc An switching substation
The proposed 220kV Phuoc An switching substation subproject is located in Dai Hoi Village, Phuoc An Commune, Tuy Phuoc District, Binh Dinh Province.
The area permanently occupied by the subproject is 70,879.12 m2; the affected area is mainly growing eucalyptus, mango, corn and a small portion of rice field.
1. The subproject’s objective:
The “220kV Phuoc An Switching Substation” subproject aims to connect 220kV transmission lines in Binh Dinh province during the period of 2015-2020. In future, this substation will become a load substation to meet the load demand on the rise of Binh Dinh province and to share the load for the existing 220kV Quy Nhon substation (unable to expand).
The subproject consists of following items:
• 220kV Phuoc An Switching Substation
• Access road
• 220kV transmission lines connected to the station
• 22kV transmission line serving the construction operation
Switching substation
Capacity and voltage level
In the first stage, the switching substation will only invest the 220kV distribution system. In the future it will be developed to the 220kV substation.
- Voltage level: the substation is designed with 3 voltage levels of 220/110/22kV.
- Capacity: Install 02 220/110/22kV transformers with installed capacity of 02x250MVA.
3 Connection diagram
- 220kV side: is designed according to diagram of “two busbar systems with coupling breaker”, and with contingency space for completing diagram of “two busbar systems with ring busbar”.
- 110kV side: contingency space for designing according to diagram of “two busbar systems with ring busbar”.
- 22kV side: has a task of auxiliary power supply to the substation, and is designed according to diagram of "transformer - distribution line block".
Number of feeder bays
- 220kV side
← 01 feeder bay connecting to Quy Nhon 220kV substation - circuit No.2;
← 01 coupling breaker bay;
← 01 feeder bay connecting to Quang Ngai 220kV substation - circuit No.1;
← 01 feeder bay connecting to An Khe hydropower plant - circuit No.2.
Future contingency feeder bays include:
← 01 feeder bay connecting to Quy Nhon 220kV substation - circuit No.1;
← 02 incoming transformer bays of 220/110/22kV - 250MVA;
← 01 feeder bay connecting to Tuy Hoa 220kV substation;
← 01 feeder bay connecting to Quang Ngai 220kV substation - circuit No.2.
← 01 feeder bay connecting to An Khe hydropower plant - circuit No.1.
← 02 feeder bays connecting to Nhon Hoi 220kV substation.
← 01 ring breaker bay.
← 01 contingency bay.
- 110kV side:
It has contingency construction land for 12 bays.
- 22kV side:
Connected to the local power network for construction power supply and auxiliary power supply for the substation.
Auxiliary work items
Table 1: List of auxiliary work items for the project construction
|No. |Name of temporary works |Area |Structure |
|1 |Devices and cement storehouse |80m2 |Closed |
|2 |Processing workshop |60m2 |Open |
|3 |Materials and device stockpiles |250m2 |Bare yard |
|4 |Housing for workers |150m2 |Closed |
|5 |Housing for managers |50m2 |Closed |
|6 |Working house |35m2 |Closed |
|7 |Bathroom + WC |20 m2 |Closed |
Auxiliary work items are located within the scope of land acquisition of the switching substation.
Main auxiliary work items:
* Roads:
- Road within the substation: road surface structure will be unreinforced concrete with the width of 4m. The road sides will be plaid concrete bar M150 and arranged rainwater collection pits along roads.
- Access road with the length of 1,372.48m will be upgraded from the existing soil pathway. Its starting point is designed to connect to the exisiting concrete road. Its ending point will be at the gate of Phuoc An 220kV substation. Surface structure of the access road is ballast crushed stone, the width of each roadside is 1.5m, the width of road surface is 6m. Slope towards 2 sides according to cross section is i=2%.
* Power and water supply for the project construction:
- Power for the substation construction will be supplied by the existing power source. Power supply for construction sites will be provided by cable and circuit-breakers switches.
- Water for the substation construction will be provided from 50m-deep drilled wells within the substation. In the future, it will be used for operating the substation. Water will be pumped into water tanker and container. Then it is drained to the construction sites by soft plastic pipes.
b) 220kV transmission lines connecting to the substation:
* TL section 1
+ Number of circuits: 02 circuits.
+ Length: 492m.
+ Conductor: steel aluminum conductor with code ACSR-400/51 (suspend 01 circuit ahead).
+ Lightning conductor: suspend 2 lightning conductors, including 01 lightning conductor combined with optical cable, code OPGW-70 and 01 lightning conductor, code GSW-70.
+ Insulator: Use ceramic or glass insulators according to standard IEC.
+ Tower : Use double circuit hot dip galvanized steel tower with screw-bolt.
+ Tower foundation: Use pier foundation.
+ Earth connection: Use rod-radial type TĐ6x50-30.
+ Width of the ROW: 21.2m (from the centerline towards each side: 10.6m wide).
* TL section 2
+ Number of circuits: 02 circuits
+ Length: 345m.
+ Conductor: steel aluminum conductor with code ACSR-330/43 divided into 2-wire phase (suspend 01 circuit ahead).
+ Lightning conductor: suspend 2 lightning conductors, including 01 lightning conductor combined with optical cable, code OPGW-70 and 01 lightning conductor, code GSW-70.
+ Insulator: Use ceramic or glass insulators according to standard IEC.
+ Tower : Use double circuit hot dip galvanized steel tower with screw-bolt.
+ Tower foundation: Use pier foundation.
+ Earth connection: Use radial type TĐ2x8.
+ Width of the ROW: 23m (from the centerline towards each side: 11.5m wide).
+ Take down and salvage G14 and conductor section from G13 – G15 of An Khe – Quy Nhon 220kV TL – circuit No.2.
c) 22kV Transmission lines supplying auxiliary power for the substation:
01 load substation: Total capacity of 250kVA
← Substation structure: Use type of tower mounted substation
← Starting point : At tower No.14/9/22 of the existing feeder bay No.478-E.21.
← Ending point: At 22/0.4kV-250kVA substation (designed)
← Voltage level: 22kV.
← Number of circuits: 01 circuit.
← Length of the TL: 4,117m.
← Conductor: AC-70/11
← Tower: High centrifugal concrete tower.
← Tower foundation: Cast-in-place reinforced concrete block foundation.
← Arm, banjo: Hot dip galvanized figural steel.
1.3. Objective of the RP
The Resettlement Plan is established for the following objectives:
- Avoid or minimize the involuntary resettlement by selecting the appropriate design alternative.
- In case involuntary resettlement cannot be avoidable, resettlement activities should be prepared and followed the sustainable development programs and provide appropriate support investment which allows DP their benefits from the subproject.
- DPs will be fully consulted and allowed to participate in the preparatory activities and implementation of the Resettlement Plan. DP will be compensated for their losses, and will be provided with rehabilitation measures for their daily life in order to assist them maintain or improve the standard of living and production capabilities, income as before the subproject.
II. IMPACTS OF THE SUBPROJECT
2.1. Determination of the subproject's impacts
2.1.1. The subproject’s affected scope/area
The subproject will be located in Dai Hoi Village, Phuoc An commune, Tuy Phuoc district, Binh Dinh province. This site is designed in the boundary area between An Nhon and Tuy Phuoc Commune of Binh Dinh province. The subproject’s affected area includes:
2.1.1.1. Component with land acquisition
The total permanently acquired land area of the entire project: 70.897,12 m2. In which:
• The acquired area of the entire stations (including talus): 50495.5 m2
• The acquired area to construct the road to the station: 19,500 m2
• The acquired area for the 220kV transmission lines connected to the station: 438.2 m2
• The acquired area for the 22kV transmission line serving construction: 463,42m2
2.1.1.2. Component with temporary impacts
- 220kV transmission lines connected to the station:
+ The total area temporarily occupied within the ROW is 18.365,4 m2. Land situated within the ROW will be temporarily occupied during construction. After the construction is completed, affected households can continue to cultivate crops but the height has to be restricted within the safe distance. The distance from any point of the plant to the transmission lines in the state of maximum deflection must not less than 3m.
- 22kV transmission line serving construction:
+ The total area temporarily occupied within the ROW is 24.700 m2. Land situated within the ROW will be temporarily occupied during construction. After the construction is completed, affected households can continue to cultivate crops but have to ensure that the distance from any point of the tree to the transmission lines in the state of maximum deflection must not less than 1.5 m.
However, there will be measures taken during construction process to ensure the safety and minimize the damage to people.
2.1.2. Determination of affected people (APs) by the subproject
2.1.2.1 Determination of affected people and eligibility criteria
The APs include all people who lose land or the right to use land or who lose “access to legally designed parks and protected areas resulting in adverse impacts on the livelihoods”. The eligibility criteria 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.
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, in lieu of compensation for the land they occupy, and other assistance, as necessary.
2.1.2.2. Number of affected people and households
According to the survey result, there are 60 HHs (248 people) affected by the project as follows:
- Household has residential land/ productive land affected partially or fully (temporarily or permanently).
- Household has house/structure affected partially or fully (temporarily or permanently).
- Household has trees, crops affected partially or fully (temporarily or permanently).
Table 2: Number of AHs by the subproject
|No |Category |HHs |AP |
| |TOTAL |60 |248 |
|I |Permanently affected land |25 |106 |
|1 |The households, who are permanently acquired more than 20% of their productive land (or over 10% of |06 |29 |
| |productive land with regard to vulnerable households). In which: | | |
| |The households, who are permanently acquired more than 70% of their productive land |01 |07 |
| |The households, who are permanently acquired more than 20% (or over 10% of productive land with |05 |22 |
| |regard to vulnerable households) to 70% of their productive land | | |
|2 |The households, who are permanently acquired under 20% of their productive land (or under 10% of |19 |77 |
| |productive land with regard to vulnerable households) | | |
|II |Temporary impact on land |35 |142 |
|III |Impact on housing, construction and other structure |0 |0 |
Note: Data has been investigated during preliminary surveys on June 2014, and will be precise during measuring, detailed inventory phase after the process to establish demarcation line.
2.1.2.3. Impact level
According to the survey result, impact level of the project is as follows:
- The project does not pose impact on house, construction and other architectural structures.
- The households, who are permanently acquired more than 20% of their productive land (or over 10% of productive land with regard to vulnerable households): 06 AHs (29 people). In which:
+ The households, who are permanently acquired more than 70% of their productive land: 01 AH (07 people).
The households, who are permanently acquired more than 20% (or over 10% of productive land with regard to vulnerable households) to 70% of their productive land: 05 AHs (22 people)
- The households, who are permanently acquired under 20% of their productive land (or under 10% of productive land with regard to vulnerable households)
2.1.2.4. Vulnerable households
- There is 01 female head affected household (04 people) that belong to vulnerable group.
- There is no affected household that is ethnic minorities
2.2. Type of the project’s impacts
The subproject can cause some impacts as:
Permanent impacts:
- Productive land acquisition for substation, access road, underground cables and
tower foundations for the overhead transmission lines.
- Residential land acquisition for substation
- Dismantling houses on permanently acquired land.
- Removing grave on permanently acquired land.
- Cutting down crops on permanently acquired land.
- Cutting down trees on permanently acquired land.
Temporary impacts:
- Restricting usability of land in the ROW for safety of the overhead transmission line and temporarily affected by construction activities.
- Cut down trees, crops in the ROW for construction activities.
2.2.1. Productive land
To facilitate the construction of substation, foundations of overhead transmission lines, the project will permanently acquire 70,897.12m2 productive land area of AHs.
Table 3: Area of land acquisition
|No |District/Commune |Total area (m2) |Permanently acquired land |
| | | |Annual crop land |Perennial land (m2)|Paddy field |Cemetery land |
| | | |(m2) | |(m2) |(m2) |
| Tuy Phuoc District | | | | | |
|I |Phuoc An Commune |70,897.12 |
| | |Mango |Eucalyptus |Corn |Rice |
| | |(tree) |(tree) |(m2) |(m2) |
|Tuy Phuoc District | | | | |
|I |Phuoc An Commune |2,865 |22,340 |15,438 |9,400.00 |
|1 |Switching substation |2,755 |16,760 |8,100 | |
|2 |Road to substation | |3,900 |890 | |
|3 |220kV transmission lines connected to the | |1,680 |48 | |
| |station | | | | |
|4 |22kV transmission line serving the construction|110 | |6,400 |9,400.00 |
| |operation | | | | |
Note: Data has been investigated during preliminary surveys on June 2014, and will be precise during measuring, detailed inventory phase after the process to establish demarcation line.
2.2.4. Temporary impacts
2.2.4.1. Temporary impacts on productive land
The area of land under 220kV transmission line’s ROW connected to the substation and 22kV transmission line serving construction are 18,365.4m2 and 24,700m2 respectively. Besides the area permanently occupied for the construction of tower are 438.2m2 and 463,42m2 respectively, the entire remaining area will be affected by the limited usability and can be affected during construction of stretching wire (temporary). Total land area temporarily affected by the construction of 220kV transmission line and 22kV transmission line serving construction are 17,927.2m2 and 24,236.58m2 respectively.
Table 5: The area of temporarily affected land
|No. |District/Commune |Total area (m2) |Permanently acquired land |
| | | |Annual crop land (m2)|Perennial land (m2) |Paddy field (m2) |
| Tuy Phuoc District | | | | |
|I |Phuoc An Commune |42,163.78 |7,285.00 |18,727.20 |16,151.58 |
|1 |220kV transmission lines connected |17,927.20 |1,950.00 |15,977.20 |- |
| |to the station | | | | |
|2 |22kV transmission line serving the |24,236.58 |5,335.00 |2,750.00 |16,151.58 |
| |construction operation | | | | |
Note: Data has been investigated during preliminary surveys on June 2014, and will be precise during measuring, detailed inventory phase after the process to establish demarcation line.
2.2.4.2. Temporarily affected residential land
The subproject will not cause temporary impact on land
2.2.4.3. Impact residential land, house and constructions
According to survey results, there is no architectural structure within the ROW.
III. LEGAL FRAMEWORK AND COMPENSATATION POLICIES
3.1. Legal framework
3.1.1. Vietnam's policies
The provisions of the Government of Vietnam on compensation, assistance and resettlement as follows:
- Vietnam's Constitution promulgated in 1992 has confirmed home ownership of citizens and protected their ownership
- The Land Law No.45/2013/QH13, issued on December 29th, 2013
- Decree No.14/2014/ND-CP dated February 26th, 2014, guiding the detailed implementation of the Electricity Law regarding safety protection of high-voltage power grid.
- Decree No.47/2014/ND-CP issued on May 15th, 2014 on compensation and resettlement when land is acquired by the State.
- Decree No. 44/2014/ND-CP issued on May 15th, 2014 on methods to determine land prices.
- Decree No. 43/2014/ND-CP issued on May 15th, 2014 on methods to implement Land Law.
- Decree No. 38/2013/ND-CP dated April 23th, 2013 on management, using official development assistance (ODA) and preference loan capital from sponsors
- Decision No.52/2012/QD-TTg, dated November 16th, 2012 on the policies of employment support and vocational training for farmers whose agricultural land is acquired by the State
•
b) The current regulations on compensation, support and resettlement of Binh Dinh Province applied for the RP report of the sub-projects include:
• Decision No. 50/2012/QD-PPC dated 20 December, 2012 of the Binh Dinh provincial People's Committee regarding policy on compensation, support and resettlement when the State recovers land in Binh Dinh province.
• Decision No. 42/2013/QD-UBND dated 18 December, 2013 of the People's Committee of Binh Dinh Province on the promulgation of land price on 2014 in the province of Binh Dinh.
• Decision No. 41/2013/QD-UBND dated 16 December, 2013 of the People's Committee of Binh Dinh Province on unit prices to compensate for damage to houses, structures and graves when the State recovers land in Binh Dinh province.
• Decision No. 40/2013/QD-UBND dated 16 December, 2013 of the People's Committee of Binh Dinh Province on unit prices to compensate for damages to trees and crops when the State recovers land in the Binh Dinh province.
3.1.2. OP/BP 4.12 of the WB’s policy on involuntary resettlement
The OP 4.12 includes the following principles:
• Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;
• Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;
• Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.
3.1.3. Compatibility between policies of Government and the World Bank and wavers requirement
Although the recent legislation on resettlement of Vietnam tends to be more consistent with that of the World Bank, there are still some discrepancies exists (between Laws - Decrees of Vietnam and policy of WB in term of compensation, resettlement) that are required particular attention. In case of any inconsistency, the policy of the World Bank will be applied. This is in accordance to the Decree No. 38/2013/ND-CP, states that in the case of difference between any provision of ODA international agreements of which the Socialist Republic of Vietnam is a members with the provisions of the law of Vietnam, the provisions of that treaty shall be complied (Article 6, paragraph 7).
3.2. Compensation policies
17 Compensation for Loss of Agricultural Land
Legal and Legalized Land Users
If the lost area represents less than 20% of a Household’s (HH’s) land holding (or less than 10% for poor and vulnerable groups), and the remaining area is economically viable, compensation in cash will be at 100% replacement cost for the lost area.
If the lost area represents 20% or more of the HHs’ land holding, (or 10% or more for the poor and vulnerable groups) or the remaining area is economically not viable, then “land for land” compensation should be considered as the preferred option.
• If no land is available, then implementing agencies (IAs) must demonstrate this to the World Bank’s satisfaction before proceeding.
• If land is not available, or if the DP prefers cash compensation, then cash compensation will be provided for the lost area at 100% of land replacement cost, and the DP will be provided with rehabilitation measures to restore the lost income sources, such as agricultural extension, job training, credit access, provision of non-agricultural land at a location appropriate for running off-farm business or services.
• If the DPs wish, and there is land of similar value elsewhere, the project should also assist these DPs to visit these areas and help with legal transactions should they wish to acquire them.
• For agricultural land lying intermixed with residential areas, and garden and pond land lying adjacent to residential areas, apart from compensation at the price of agricultural land having the same use purpose, monetary support shall also be provided; with the prices for such support being equal to between 50% and 70% of the prices of adjacent residential land; and with the specific support levels being decided by the Provincial People's Committees (PPC) to suit local conditions.
Users with temporary or leased rights to use communal/public land (DPs who rent communal or public land)
Cash compensation at the amount corresponding to the remaining investment put on the land or corresponding to the remaining value of the land rental contract, if it exists.
For DPs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for investments made on the land, but not for the land itself, and these DPs may also receive additional support according to the following provisions:
• Additional monetary support shall be provided for DPs that receive land on a contractual basis and are public employees or workers of State-owned agricultural or forestry farms, or who are former employees of such farms and who are now receiving an allowance related to their former employment. The highest level of additional monetary support shall be equal to the price of land to be compensated, calculated on the basis of the value of the affected land area which shall, however, not exceed the local agricultural land assignment limits. The PPC shall decide on the specific support levels to suit the local conditions but the additional monetary support shall not be less than 70% of the compensation value for the land actually acquired.
• Where DPs receive land on a contractual basis but are other than the individuals specified at (a) above, they shall only receive compensation for investments made on the land.
Land Users without formal or customary recognized rights to the affected land
Instead of compensation, these DPs will receive rehabilitation assistance up to 100% of the land value in cash. DPs will be entitled to rehabilitation measures mentioned above to ensure their living standards are restored.
In case the land is rented through civil contract between individuals, households, or organizations, then the compensation for crops, trees, or aquaculture products will be paid to the affected land users and the project client shall assist the renter to find similar land to rent.
In cases when DPs utilize public land (or protected areas), with an obligation to return the land to the Government when requested, the DPs will not be compensated for the loss of use of the land. However, these DPs will be compensated for crops, trees, structures and other assets they own or use, at full replacement cost. Although they cannot reside in such public safety-hazard areas, if access has not been denied previously through well-documented signs and such things as fences, the social and baseline assessment should consider if such a physical impediment (like a newly restricted public safety area) is causing loss of livelihood due to people no longer being able to get to jobs and other assets associated with their subsistence as a result of restricted safety zone definition, which may for example add significant cost to traveling from home to business, schools, etc.
18 Compensation Policy for Loss of Standing Crops and Trees
For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to the affected persons, who cultivate the land, according to the full market value of the affected crops and/or at replacement cost for affected perennial trees. Regarding the removable affected trees, the compensation will be equal the transportation cost plus actual loss. Perennial crops will be compensated for at the calculated value of their life time productivity.
19 Compensation Policy for Loss of Income and/or Business/Productive Assets
For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be:
• The registered non-farm producer/business DPs, who have income-generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income. (This amount is equivalent to 100% of monthly net income for 6 months).
• The non-registered business or non-farm producer DPs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three months at the minimum
• If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets. If there is no land available, then the business/non-farm producer DPs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources
20 Compensation Policy for Temporary Impact during Construction
In the event of temporary impact during construction, DPs are entitled to the following:
• Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost;
• Cash compensation for land temporarily acquired in the form of rent which is at least equivalent to the net income that would have been derived from the affected property during the period of disruption;
21 Damages to Private or Public Structures
Damaged property by contractor will be restored by contractors immediately at full replacement value, after completion of civil works, to its former condition. Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities. Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project.
Compensation for loss of community assets: In cases where community infrastructure such as schools, bridges, factories, water sources, roads, sewage systems is damaged, the project will ensure that these will be restored or repaired at no cost for the community and to the community’s satisfaction.
22 Allowances and Rehabilitation Assistance
Besides the compensation for affected assets, DPs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. These will be detailed in the RP. They include, but are not limited to:
• Transportation allowance will be given to relocating DPs. The amount will be determined by local authority
• House renting allowance or temporary accommodation will be provided for relocating DPs during the time when the DPs are waiting for the land plot or apartment to be ready plus for the period of building the new house.
• Removal Support: Organizations and DPs that are allocated or leased land by the state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re-installation of the establishment. Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation. This will then be submitted to the relevant authorities for approval.
• Subsistence allowance for relocating: All DPs (i) relocating within province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months; (ii) relocating out of province shall receive a cash allowance equal to 30 kg of rice per month in uninterrupted 06 months; (iii) who are in a severe socioeconomic difficulty or who relocating to areas of socioeconomic difficulty shall be receive cash allowance equal to 30 kg of rice per month in uninterrupted 12 months.
• Support for living stabilization: (a) DPs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) DPs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months; (c) Households affected by loss of less than 20% of land, where the remaining land is rendered unviable for continued use, will be assisted with the above support plus any additional support as determined, for a period of 12 months. In case of land-for-land compensation, DPs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc.
• Support for job changing (with several options provided depending on the interest of the DPs): The support amount is 2-5 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land.
• Support for training, apprenticeships on vocational training establishments in the province and exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses.
• Support for the poor and vulnerable groups: Additional support will be provided to the poor and vulnerable groups to ensure they will be able to restore the losses and livelihood at least at pre-project level
• Other rehabilitation measures as agricultural extension services, job training and creation, credit access, non-farm land allocation for non-farming business/activities, and/or other measures as appropriate will be given to DPs losing major income sources to ensure their livelihood is restored to the pre-project level.
• Relocation bonus: A bonus of maximum 5 million VND will be awarded to DPs who dismantle their houses and vacate their premises in accordance with the resettlement schedule.
IV. COMPENSATION, ASSISTANCE AND RESETTLEMENT PLAN
4.1. Compensation
Cut-off date: The cut-off date has been fixed during the socio-economic survey and inventory, December 01st, 2013. The cut-off date has been notified to the competent local authorities when working with the locality performing public consultation.
Persons who encroach and move into the area that proposed to be affected area after the project’s cut-off date will not be entitled to compensation and resettlement. These people will be requested to dismantle affected structures, cut trees or harvest crops for land clearance of the project; however, they will not have to pay any fine. The subproject’s cut-off date and terms “no compensation for the encroachers” have been announced clearly in the public meetings.
Replacement cost: according to the survey result, the substation, transmission lines will be built in the rural area, almost land is used for permanent agricultural production and the land unit price has been relatively steady for the last 3 years.
Through consultation with local authorities and residents, compensation unit prices for land, houses, structures, crops of other projects in the region were applied equivalent to the unit prices issued by PPC and accepted by affected households. Hence, this RP applies the unit prices issued by PPC for estimation and allowances as stipulated 2013 Land Law and relevant decrees, specifically as follows:
- The policy OP 4.12 of the World Bank (WB).
- 2013 Land Law No. 45/2013/QH13 (put into effect on 1st July 2014)
- Decree No. 43/2014/ND-CP dated 15th May 2014 (and put into effect on 1st July 2014) by GOV regarding regulation on land price
- Decree No. 47/2014/ND-CP dated 15th May 2014 (and put into effect on 1st July 2014) by GOV regarding regulation on compensation, assistance and resettlement when the State requires land
- Decision No. 42/2013/QD-UBND dated December 18, 2013 of People's Committee of Binh Dinh province promulgating price of land.
- Decision No. 41/2013/QD-UBND dated December 18, 2013 of People's Committee of Binh Dinh province promulgating unit price of assets invested in land.
- Decision No. 40/2013/QD-UBND dated December 18, 2013 of Binh Dinh People's Committee issued unit price of trees/crops.
The host province’s decisions are issued before the 2013 Land Law put into effect. Furthermore, new decisions on unit price of land, assets and trees/crops usually issued in the end of years (December) for application in the following year. Therefore, at the time of RP preparation (October –November 2014), the unit prices in this RP are applied based on the above decisions.
4.1.1. Compensation unit prices for land
The compensation unit price for land is based on Decision No. 42/2013/QD-dated December 18th, 2013, of the People's Committee of Binh Dinh province on issuing land price on 2014 in Binh Dinh province, specifically:
+ For paddy land: apply the land price Grade 2 for delta area: 43,000VND/m2
+ For annual crop land: apply the land price Grade 2 for delta area: 43,000VND/m2
+ For perennial crops land: apply the land price Grade 2 for delta area: 24,000/m2.
+ Cemetery land: Equal to 40% of adjacent residential land prices or land in the nearest neighborhood (where there is no adjacent) (According to price list No. 12-42/2013/QD-UBND). Temporary land price at Phuoc An industrial area: 370,000 VND/m2.
4.1.2. Compensation unit prices for trees and crops
Compensation unit prices for trees and crops: based on Decision No. 40/2013/QD-UBND dated December 16th, 2013 of Binh Dinh People's Committee issued unit price for trees/crops during the land acquisition by the State.
+ The unit price of rice (Grade 2 land categories): 3,200 VND/m2
+ The unit price of crops (temporarily apply the unit price of corn): 2,830 / m2
+ Mango with good productivity: trees with a diameter of 15 to 30cm: 440,000VND/tree
+ The unit price of eucalyptus trees: trees with a diameter of 4 to 6 cm: 16.500 VND/tree
4.2. Assistance and rehabilitation
According to the survey result, impact level of the project is as follows:
- 01 AH (07 people) will be acquired 70% of their total productive land.
- 05 AHs (22 people) will be acquired from 20-70% of their total productive land area.
- 01 AH (04 people) belongs to the vulnerable group.
In addition to direct compensation for damages, the above affected AHs will also receive allowance for transportation, relocation, production and living rehabilitation, vocational training and job creation, bonus, etc. These assistances will help APs recover their livelihood.
In addition to the compensation for affected assets, the above affected AHs will be provided with financial assistance to cover their expenses during the transition period. The assistance levels will be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time. These will be detailed in the RP. They include, but are not limited to:
1. Support for living stabilization: (a) DPs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) DPs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation. In some special cases, in extremely difficult areas, the compensation may be provided upto a maximum of 36 months;
2. Support for job changing (with several options provided depending on the interest of the DPs): The support amount is 2 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land
3. Support for training, apprenticeships on vocational training establishments in the province and exemption from tuition fees for the training courses for those of working age (not applicable for those who enroll for a vocational training outside the province). After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses.
4. Support for the poor and vulnerable groups: Additional support will be provided to the poor and vulnerable groups to ensure they will be able to restore the losses and livelihood at least at pre-project level. This subproject will apply the support level as 5,000,000 VND/household.
5. Other rehabilitation measures as agricultural extension services, job training and creation, credit access, non-farm land allocation for non-farming business/activities, and/or other measures as appropriate will be given to DPs losing major income sources to ensure their livelihood is restored to the pre-project level.
6. Relocation bonus: A bonus of maximum 5 million VND will be awarded to DPs who dismantle their houses and vacate their premises in accordance with the resettlement schedule.
In addition to the presented assistance, the affected households are also entitled to other supports defined in the existing legislation framework of Vietnam (if any).
V. CONSULTATION, PARTICIPATION AND DISCLOSURE
5.1. Community consultation and participation of people
Meaningful consultation has been carried out in the RP preparation time and will continue during the RP implementation. In the public meetings and consultations held in May 2014 with project-based stakeholders in the host communes, they were given the Vietnamese version of summary document of the subproject. The topics discussed in the public meetings and consultations were: (i) general information of the Subprojects, its locations and features; (ii) list of project affected districts, communes and the scale of possible land acquisition for the subproject transmission line; (iii) objectives and principles of RP according to the requirements of the GOV and OP 4.12 of WB; (vi) compensation; (vii) issues on gender and vulnerable groups; and (viii) mechanisms of DPs participation, grievance redress, monitoring and evaluation in all phases of RP preparation, updating and implementation.
Participant components who were invited to the public consultation meeting consist of representatives of project affected households, local authorities, Fatherland Front Committee and other local organizations (Women Union, Farmers Associations, etc.). Minutes of public consultation meetings and photos are presented in the Annex 5 of this report.
Participation and consultation activities will be continuously conducted throughout various stages of the RPs implementation (e.g. planning, implementation, monitoring). During these processes, public information and consultation will be conducted to gather information for assessing the project resettlement impacts and to provide recommendations on possible alternative technical options to reduce and/or mitigate potential negative resettlement impacts on local population and to proactively address issues or problems that may emerge during implementation. Local authorities, affected communities and DPs will be informed about the project proposal, its objectives and proposed activities, at an early stage of project preparation. The key discussion points will be focused on the development needs and priorities of local locality and their perception toward the project objectives. DPs will also be consulted on project potential impacts and possible measures to reduce potential negative impacts, and improve benefits for local people.
Table 6: Summary of the content of public consultation meeting
|No |Location/ Time/ |Method of |Questions of APs and local authorities |Answers of representative of the subproject|Summary of issues discussed and opinions |
| |Participants |public | |owner | |
| | |consultation | | | |
|1 |- Location: Phuoc An |Meeting |Will unit prices of compensation applied |Unit price of compensation is the unit |1. Regarding compensation, assistance and resettlement |
| |CPC’s office | |to project be the same as the current |price at the time of land acquisition |- The current unit price of compensation for land, trees and crops of the |
| |- Date: 7th May 2014 | |unit prices or at the time of land |The payment of compensation and allowances |province is perfect fit with market price. The compensation and assistance |
| |- Participants: 28 | |acquisition? |will be completed prior to conducting land |should be completely paid before the construction. |
| |(including 9 women) | |Will compensation for losses of land, |acquisition and clearance |2. Environmental Management Plan |
| | | |houses and trees be implemented before | |- Prepare plans to recover the land after finishing construction. |
| | | |conducting land acquisition? | |- The regulations and provision on environmental protection should be complied. |
5.2. Information disclose
The Vietnamese draft version of this RP report was publically disclosed at the PC of affected commune and district (May 2014), CPPMB, and VDIC of the World Bank office in Hanoi (October 2014). Final versions (English and Vietnamese) will also be re-disclosed at project sites, CPPMB, VDIC and InfoShop of the World Bank in Washington D.C.
5.3. Grievance redress mechanism
DPs are entitled to the complaints regarding their interests and responsibilities in the Project implementation including but not limited to entitlements, compensation policy, unit prices, land acquisition, resettlement and other entitlements related to the recovery support programs. Complaints can also concern issues related to construction safety and nuisances caused by construction. Grievance procedures should be affordable and accessible procedures for third party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms.
Local mass organizations such as Fatherland Front, Farmer’s Union, Women’s Union will be mobilized to participate actively in the process of resolving complaints, questions. The independent monitoring agency will be responsible for checking the procedures for and resolutions of grievances and complaints. The independent monitoring agency may recommend further measures to be taken to redress unresolved grievances.
The mechanism of complaint and complaint and grievances resolution steps are as below:
First Stage - At Commune People’s Committee (CPC)
An aggrieved DP may bring his/her complaint to any member of the CPC, in writing or verbally. It is incumbent upon said member of CPC to notify the CPC about the complaint. The CPC will meet personally with the aggrieved DP and will have 15 days following the lodging of the complaint to resolve it. The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles.
Second Stage - At District People’s Committee (DPC)
If after 15 days the aggrieved DP does not hear from the CPC, or if the CPC gives its solutions, but DP is not satisfied with the decision taken on his/her complaint, the DP may bring the case, either in writing or verbally, to any member of DPC or DCB. The DCB in turn will have 30 days to resolve the case. The DPC is responsible for documenting and keeping file of all complaints that it handles.
Third Stage - At Provincial People’s Committee (PPC)
If after 30 days the aggrieved DP does not hear from the DCB, or if the DP is not satisfied with the decision taken on his/her complaint, the DP may bring the case, either in writing or verbally, to any member of the PPC. The PPC has 45 days within which to resolve the complaint to the satisfaction of all concerned. The PPC secretariat is also responsible for documenting and keeping file of all complaints that it handles.
Final Stage - Court of Law Decides
If after 45 days following the lodging of the complaint with the PPC, the aggrieved DP does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the case may be brought to a court of law for adjudication. Under no circumstance, can the DP be evicted from his/her property nor can the Government take over his/her property without the explicit permission of the court.
DPs will be exempted from all administrative and legal fees. Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved. All queries, suggestions and grievances and their resolution should be recorded and forwarded to the PC and its functioning monitored monthly. The cost for Grievance redress included in the total cost of the project.
VI. SUPERVISION, MONITORING AND EVALUATION
Implementation of RP will be periodically supervised and monitored by the PMBs in a close coordination with the Peoples' Committees at different administrative level and independent monitoring agencies. The findings will be recorded in quarterly reports to be submitted to EVN-NPT and World Bank.
6.1. Internal monitoring and supervision
Internal monitoring and supervision will:
- Verify that the baseline information of all AP has been collected including valuation of assets lost or damaged, and the provision of compensation, resettlement and other rehabilitation entitlements has been carried out in accordance with the provisions of Policy Framework and this RP.
- Monitor the implementation of the RP as designed and approved.
- Verify the financial source provided to the CPPMB for the implementation of the RP in accordance with the provisions of the RP and its policy framework.
- Record all grievances and their resolution and ensure that complaints are solved on time.
- A staff, who is in charge of resettlement, compensation and clearance of this project, is responsible to update information and maintain records based on the following main activities.
Table 7: Main activities for internal monitoring and evaluation
|No |Activities in RP |Implementation |Describe |
| | |Yes |No | |
|1 |Inform to Local People and Authorities about the Subproject | | | |
|2 |Inventory of Loss | | | |
|3 |Survey on Replacement Cost | | | |
|4 |Prepare RP report | | | |
|5 |Approve RP | | | |
| |- CPPMB | | | |
| |- Provincial People’s Committee | | | |
| |- World Bank | | | |
|6 |Disclosure RP | | | |
| |- Subproject location: | | | |
| |- CPPMB | | | |
| |- VDIC/Infoshop | | | |
|7 |Inventoryand Measurement | | | |
|8 |Applied compensation prices (transfer from RP) | | | |
|9 |Establish detail compensation plan | | | |
|10 |Approvecompensation plan | | | |
|11 |Proclaim compensation plan | | | |
|12 |Amend and approval (if any) | | | |
| |Pay compensation (included updates on RP’s estimation – for example | | | |
|13 |number of AHs, expense, level of impact, etc) | | | |
|14 |Internal monitoring | | | |
|15 |Independent Monitoring | | | |
|16 |Report on Implement | | | |
|17 |Record and solve grievance | | | |
| |Public consultation and participation of people | | | |
|18 |- Consultation meeting | | | |
| |- Provide Information Booklet | | | |
|19 |Coor dinate with other agencies (especially Compensation Resettlement | | | |
| |Committee) | | | |
|20 |Evaluate middle-termand final-term (up to project schedule) | | | |
6.2. Independent monitoring
An independent agency or individual consultant will sign contract with PMBs to periodically carry out external monitoring and evaluation of the implementation of the RP. The independent agencies might be academic or research institutions, Non-Governmental Organizations (NGO) or independent consulting firms, that have qualified and experienced staff according to terms of reference of the World Bank. Independent monitoring begins about the same time as implementation activities and continues until the end of the project. The independent monitoring agency will:
- Determine whether the procedures for APs participation and delivery of compensation and other rehabilitation entitlements has been done in accordance with the Policy Framework; and
- Assess if the Policy Framework objective of enhancement or at least restoration of living standards and income levels of DPs have been met.
- Gather qualitative indications of the social and economic impact of the project’s implementation to APs.
- Suggest modification in the implementation procedures if necessary, to achieve the principles and objectives of the Resettlement Policy Framework.
6.3. Report
Internal monitoring organization will make report quarterly with detail schedule of RP implementation. These reports will be submitted to CPPMB, NPT and WB. Terms of Reference (TOR) for independent monitoring will be presented fully in contract between CPPMB and such independent monitoring.
A Resettlement Plan cannot be considered as completed until a completion audit or survey confirms that all entitlements have been received by beneficiaries and livelihood restoration is progressing on schedule.
VII. IMPLEMENTATION SCHEDULE
7.1 Implementation responsibility
Central Power Project Management Board (CPPMB) has responsibilities as follows:
- Prepare RP in accordance with the RPF. Coordinate with the provincial People’s Committees and local authorities to obtain consensus from provincial People’s Committee for the RPs and submit them to the WB for review and clearance.
- Develop and implement a training program for the provincial and district People’s Committee, relevant stakeholders involved in RP implementation and Grievance Redress.
- Where relevant, provide technical support in identifying the replacement cost to inform compensation rate during the RP implementation.
- Prepare financial source for RP preparation and implementation;
- Conduct internal monitoring of RP implementation as per requirements set out in the project’s Resettlement Policy Framework (RPF) and the RP.
- Prepare bi -annual progress reports and submit to WB
- Designate staff with solid experience in resettlement and familiar with Bank’s safeguard policies as a social focal point for PMB.
- Take part in compensation, support and resettlement council at local level and ensure that the agreed RPs are properly implemented, documented and reported.
- Work closely with competent governmental agencies to address concern, grievances related to resettlement process.
Binh Dinh Provincial People’s Committee (PPC) has responsibilities as follows:
- To direct, organize, propagate and mobilize all organizations and individuals concerning compensation, support and resettlement policies and ground clearance according to the land recovery decisions of competent State bodies;
- To direct the provincial/municipal services, departments, branches and district-level People's Committees: (i) To draw up resettlement and resettlement area plans in service of the land recovery; (ii) To draw up compensation, support and resettlement plans according to their competence;
- To approve or assign the district-level People's Committees to approve compensation, support and resettlement plans;
- To approve land prices; promulgate the property price tables for compensation calculation; prescribe support levels and supporting measures according to their competence; resettlement arrangement plans, job change training plans according to their assigned competence;
- To direct the concerned agencies to settle citizens' complaints, denunciations related to compensation, support and resettlement according to their law-prescribed competence;
- To guarantee impartiality and equity when considering and deciding on the compensation, support and resettlement when land is recovered by the State according to their competence prescribed in this Decree;
- To decide or assign the district-level People's Committees to apply coercion to cases of deliberately failing to abide by the State's land recovery decisions according to their competence;
- To direct the examination and handling of violations in the compensation, support and resettlement domain.
The People’s Committee of Tuy Phuoc District has responsibilities as follows:
- To direct, organize, propagate and mobilize all organizations and individuals concerning compensation, support and resettlement policies and ground clearance according to the land recovery decisions of competent State bodies;
- To direct the compensation, support and resettlement councils of the same level to draw up, and organize the implementation of, the compensation, support and resettlement plans; approve the compensation, support and resettlement plans according to the responsibility assignment by the provincial-level People's Committees;
- To coordinate with the provincial/municipal services, departments and branches, organizations and investors in executing investments projects to build and plans to create resettlement areas in their localities according to the assignment of the provincial-level People's Committees;
- To settle citizens' complaints, denunciations related to compensation, support and resettlement according to their assigned competence; issue coercive decisions and organizing coercion in the cases falling under their competence; coordinate with the functional agencies in organizing coercion according to the decisions of competent bodies.
District compensation and resettlement council shall assist the People's Committees of the same level in making, and organizing the implementation of, compensation, support and resettlement arrangement plans; work on the collective principle and decide by majority; where the numbers of votes for and against are equal, the opinion of the side joined by the council chairman shall be followed. Responsibilities of council members are as follow:
- The council chairman shall direct the council members to make, submit for approval and organize the implementation of, the compensation, support and resettlement plan;
- The investor shall be responsible for assisting the council chairman in making the compensation, support and resettlement plan, ensuring sufficient funds for timely payment of compensation, support and resettlement money;
- Representatives of persons who have land recovered shall be responsible for reflecting the aspirations of persons who have land recovered, persons who must be relocated; mobilizing persons who have land recovered to move and clear the ground according to schedule;
- Other members shall perform the tasks as assigned and directed by the council chairman, suitable to their respective branches.
- The compensation, support and resettlement councils shall be responsible for the accuracy and rationality of inventory statistics, the legality of land and property eligible or ineligible for compensation, supports in the compensation, support and resettlement
The People’s Committees of Phuoc An Commune shall have the responsibilities:
- To organize propaganda on the land recovery purposes, compensation, support and resettlement polices of the projects;
- To coordinate with the compensation, support and resettlement councils in certifying land and property of persons who have land recovered;
- To join in, and create conditions for, the payment of compensation and support money to, and arrange resettlement for, persons who have land recovered, and create conditions for the ground clearance.
Project’s Affected People (PAH)
- APs are responsible for providing relevant papers on land use right certificate, ownership of other assets.
- APs are responsible for carefully checking on their lost assets and respective entitlements and clear land in a timely manner once APs receive their full entitlements.
Independent monitoring agency:
An independent agency is responsible to supervise and evaluate the implementation of RP for the project. This agency will submit periodically monitoring reports during implementation of RP and suggest solving measures for all identified issues to CPPMB and WB.
7.2. Implementation schedule
The following is proposed RP implementation schedule
Schedule for CPPMB and CRC:
a. Set up RP April/2014
b. Commencement of public information May/2014
c. Review and clear of RP by the WB Oct - Dec/2014
d. Establishment of subproject CRC Jan/2015
e. Commencement of field works (detail measures survey) Feb/2015
f. Commencement of payment of compensation Mar/2015
Schedule for APs:
1. Commencement of declaration on quantity and status of properties Feb/2015
2. Commencement of receiving compensation and ground clearance Mar/2015
Bidding
Commencement of bidding for equipment and civil works Feb/2015
Civil works Feb/2015 – Sep/2015
Monitoring Feb/2015 – Sep/2015
All modifications introduced to the RP after issuing the Non-Objection Letter requires review and agreement of the WB before proceeding.
VIII. COST AND BUDGET
8.1. Basic of cost estimation
Compensation cost estimation for affected land, houses, assets and architectural structures based on:
- Resettlement Policy Framework (RPF) of the Transmission Efficiency Project (TEP).
• Decree No. 47/2014/ND-CP dated May 15, 2014 of the Government regulating conpensation and resettlement when the Government reclaim land.
• Decree No. 44/2014/ND-CP dated May 15, 2014 regulating land prices.
• Decree No. 43/2014/ND-CP dated May 15, 2014 regulating the implementation of some Article of the Law on Land.
- Survey on the replacement cost and the market price for land, houses, structures conducted by PECC4 in July 2014.
- Decision of the People’s Committee of Binh Dinh province
• Decision No. 50/2012/QD-PPC dated 20 December, 2012 of the Binh Dinh provincial People's Committee regarding policy on compensation, support and resettlement when the State recovers land in Binh Dinh province.
• Decision No. 42/2013/QD-UBND dated 18 December, 2013 of the People's Committee of Binh Dinh Province on the promulgation of land price on 2014 in the province of Binh Dinh.
• Decision No. 41/2013/QD-UBND dated 16 December, 2013 of the People's Committee of Binh Dinh Province on unit prices to compensate for damage to houses, structures and graves when the State recovers land in Binh Dinh province.
• Decision No. 40/2013/QD-UBND dated 16 December, 2013 of the People's Committee of Binh Dinh Province on unit prices to compensate for damages to trees and crops when the State recovers land in the province of Binh Dinh.
8.2. Survey on Replacement Cost
According to the survey result, the substation, transmission lines will be built in the rural area, almost land is used for permanent agricultural production and the land unit price has been relatively steady for the last 3 years.
Through consultation with local authorities and residents, compensation unit prices for land, houses, structures, crops of other projects in the region were applied equivalent to the unit prices issued by PPC and accepted by affected households. Hence, this RP applies the unit prices issued by PPC for estimation.
At the time of implementation of RP, compensation unit prices will be updated to ensure that AHs will be compensated at replacement cost for their losses.
8.3. Cost estimation for the implementation of RP
The financial source for RP implementation is from counterpart fund of EVN-NPT and CPPMB. The funds will be transferred to CRC who is responsible for:
Payment of compensation and all entitled allowances directly to AHs, and
Payment to cover costs of overall RP activities.
It should be noted that the unit prices applied in this RP is only for estimation (during RP preparation). At the time of RP implementation (expected in 2015), the compensation price will be updated to ensure that the affected persons will be compensated at replacement cost for their losses.
The contingency component would cover such differences by the time of actual RP implementation. This cost was included in provision costs of the subproject.
8.3.1. Cost of detail measurement survey
- Land survey fees: 5,000,000VND
- Land survey cost: 100,000,000 VND
- Cost of setting up landmarks for clearance: 100,000,000 VND
Total : 205,000,000 VND.
8.3.2. Cost of compensation
- Based on the type of impact and scale of effects described in the sections above, cost of compensation and living rehabilitation includes:
- Compensation for land permanently occupied.
- Compensation for trees and crops cut down during clearance.
According to the World Bank's policies, in case land acquired more than 20% of the total productive land (more than 10% for the poor and vulnerable group) the subproject will acquire the entire land area.
The project has 06 households losing more than 20% of their total productive land area.
Table 8: Compensated land area
|No |Category |Unit |Amount |
|I |LAND | | |
|1 |Annual crop land |m2 | 9,549 |
|2 |Perennial land |m2 | 142,118.20 |
|3 |Paddy field |m2 | 309.42 |
|4 |cemetery land |m2 | 1,500.00 |
|II |TREE, CROP | | |
|1 |Mango |tree | 2,865.00 |
|2 |Eucalyptus |tree | 22,340.00 |
|3 |Corn |m2 | 15,438.00 |
|4 |Rice |m2 | 9,400.00 |
Table 9: Compensation price
|No |Land use |Unit |Amount | Unit price (VND) |Total |
| | | | | |(VND) |
|COST FOR COMPENSATION | | | 5,759,728,400 |
|I |LAND (Decision No 42/2013/QD-UBND | 4,056,748,860 |
| |dated December 18, 2013 of PC of Binh Dinh province) | |
|1 |Annual crop land |m2 | 9,549,00 | 43,000 | 410,607,000 |
|2 |Perennial land |m2 | 142,118,20 | 24,000 | 3,410,836,800 |
|3 |Paddy field |m2 | 309,42 | 43,000 | 13,305,060 |
|4 |Cemetery land |m2 | 1,500,00 | 148,000 | 222,000,000 |
|II |TREE, CROP | 1,702,979,540 |
| |(Decision No 40/2013/QD-UBND dated December 16, 2013 | |
| |of the PC of Binh Dinh province) | |
|1 |Mango |tree | 2,865,00 | 440,000 | 1,260,600,000 |
|2 |Eucalyptus |tree | 22,340,00 | 16,500 | 368,610,000 |
|3 |Corn |m2 | 15,438,00 | 2,830 | 43,689,540 |
|4 |Rice |m2 | 9,400,00 | 3,200 | 30,080,000 |
8.3.3 Cost of assistances
Based on types and scale of impacts are described in above sections, the assistance cost of the subproject includes:
- Assistance for training, apprenticeships on vocational training establishments in the province and job changing.
- Assistance for living stabilization.
- Assistance for vulnerable group.
APs losing 20 - 70% of their agricultural landholding (or 10 - 70% for the poor and vulnerable groups) will be provided assistance with the amount equivalent to 30 kg of rice/person/month for 06 months if they do not have to relocate.
Table 10: Cost of assistances
|No |CONTENT |Unit |Quantity |Unit price |Factor |Total (VND) |
| | | | |(VND) | | |
| |ASSISTANCE | | | | | 3,794,921,720 |
|I |Assistances for stabilizing | | | | | 84,240,000 |
| |living and production | | | | | |
|1 |Assistances for stabilizing |People | 7 | 13,000 |360 | 32,760,000 |
| |living and production for APs losing more than 70% | | | | | |
| |of their agricultural landholding: (equivalent to | | | | | |
| |30 kg of rice/person/month for 12 months if they do| | | | | |
| |not have to relocate). | | | | | |
|2 |Assistances for stabilizing living and production |people | 22 | 13,000 |180 | 51,480,000 |
| |for APs losing more than 20% - 70% of their | | | | | |
| |agricultural landholding: (equivalent to 30 kg of | | | | | |
| |rice/person/month for 06 months if they do not have| | | | | |
| |to relocate). | | | | | |
|II |Assistances for job changing | | | | | 3,705,681,720 |
| |and creation | | | | | |
|1 |Annual crop land |m2 | 9,549,00 | 43,000 |2 | 821,214,000 |
|2 |Perennial land |m2 | 59,538,70 | 24,000 |2 | 2,857,857,600 |
|3 |Paddy field |m2 | 309,42 | 43,000 |2 | 26,610,120 |
|III |Assistance for poor and vulnerable |AHs |1 |5,000,000 |1 |5,000,000 |
| |households | | | | | |
8.3.4 Cost for CRC
Cost for CRC is estimated maximum at 2% of total cost of compensation and allowance and preparation of RP
8.3.5 Cost of independent monitoring
Cost of the independent external monitoring of RP implementation is estimated at 200,000,000 VND.
The external concerned monitoring agencies will prepare technical and financial proposals for bidding and actual cost will be determined after bidding.
8.3.6 Contingency
Contingency is estimated at 10% of total cost of compensation and allowance and preparation of RP
8.3.7 Total cost of RP implementation
Table 11: Total cost for RP implementation
|No |Content |Amount (VND) |
|A |Preparation cost (detailed measurement) |205,000,000 |
|B |Compensation cost |5,759,728,400 |
|C |Allowance cost |3,794,921,720 |
|D |Cost for CRC = 2% *(B+C) |191,093,002 |
|E |Cost for external monitoring agency |200,000,000 |
|F |Contingency = 10%* (A+B+C) |975,965,012 |
|TOTAL | |11,126,708,134 |
ANNEXES
1. Overall construction ground
2. Picture of project’s site
3. Entitlement Matrix
4. Location/Site agreement
5. Photos and Minutes of meetings on public consultation
6. List of affected people
Annex 1: Overall construction layout
[pic]
Annex 2: Picture of project’s site
[pic]
Annex 3: Matrix of entitlement
|Type of Loss/ Impacts |Application |Entitlements |Implementation Arrangements |
|1. Productive |Legal land users |Cash compensation at replacement cost (free from taxes and |- Affected households to be notified at least ninety days before land recovery by the |
|land[1](Agricultural, garden,|1.1. Marginal loss (10% for |Land for land compensation should be as the preferred option. If |- Other assistance options which each province could decide based on the locality |
| |vulnerable groups |land is not available, or at the DP’s choice, cash compensation |conditions. |
| | |can be provided for the lost area at 100% of land replacement |- Affected households to be notified at least ninety days before land recovery by the |
| | |cost. The DP will be provided with the additional rehabilitation |Project (Land law-2013; Article 67). |
| | |measures to restore the lost income sources |- The owner of land will hand over the land within 20 days from the date District |
| | | |Compensation Board/ Land Fund Development Center has paid compensation and other |
| | | |allowances in full. |
| | | |- For poor, vulnerable and severely affected farmers, including landless, allocation of|
| | | |arable land equal to per capita arable land in commune, or if there no land available |
| | | |for allocation or, on the DPs request through informed choice, training/ rehabilitation|
| | | |programs will be provided to at least restore, if not improve, their income and living |
| | | |standards. |
| |Land Users with temporary or |Cash compensation at the amount corresponding to the remaining | |
| |leased rights to use land. |investment on the land or corresponding to the remaining value of | |
| | |the land rental contract. | |
| |Land Users who do not have formal |DPs will receive assistance corresponding up to 100% of the land | |
| |or customary rights to the |value in cash. In addition to above, rehabilitation/training | |
| |affected land |assistance will be provided. | |
| | |In case the DP uses public land where there was previous agreement| |
| | |to return the land to the Government when so requested, they will| |
| | |not be compensated for the acquired public land but will be | |
| | |compensated for structures, crops, trees and other assets on the| |
| | |land at 100% of the replacement cost. | |
|2. Residential land |2.1. Marginal loss (i.e., land is |Compensation for loss of land in cash at (i) replacement cost to |- Affected household to be notified at least 180 days before land recovery by the |
| |still viable for use and not |the legal and legalizable land users; (ii) An financial assistance|Project. |
| |requiring relocation). |of an agreed amount to the land users not having recognizable land|- The owner of land will hand over the land within 20 days from the date District |
| | |use right. |Compensation Board/ Land Fund Development Center has paid compensation in full. |
| | |If DPs have to rebuild their houses, they will receive a house | |
| | |rental allowance for 3 months in recognition of the time needed to| |
| | |rebuild their houses. | |
| | | | |
| | | | |
| |2.2. Relocated DPs |Legal or legalizable land users: |- Affected household to be notified at least 180 days before land recovery by the |
| | |It land is not available, a land plot in a resettlement site or |Project. |
| | |apartment will be provided to the DP, in consultation with them. |- The owner of land will hand over the land within 20 days from the date District |
| | |They will have full land title or apartment ownership title |Compensation Board/ Land Fund Development Center has paid compensation in full. |
| | |without any cost to them. |The process of compensation for a plot at the resettlement site will be as follows: |
| | |Or, on request of the DPs through informed choice, cash |- If the selling cost of plot(s) at the new site is more than the value of the affected|
| | |compensation at full replacement cost plus the amount equivalent |residential land, DPs receive new plot at no additional cost. |
| | |to the value of the infrastructure investments calculated |- If the plot(s) at the new site is equal the value of affected residential land, DPs |
| | |averagely for each household in a resettlement site. In this |receive new plot at the new site without any balance. |
| | |case, they will be expected to relocate themselves. |- If the plot(s) at the new site is less than the value of affected residential land, |
| | |If the compensation amounts to less than the cost of a land plot |DPs will receive plot and the difference in cash. |
| | |in the project’s resettlement site, DPs will be provided |The planning and detailed design for the relocation sites will be done by consultant of|
| | |additional supported to enable them to acquire the land plot (or|DCB/ CLDF in consultation with stakeholders and then approved by the PPC. |
| | |cash assistance will be provided equivalent to this difference for|Detailed regulation on plot allocation will be developed by DCB/CLDF through |
| | |self-relocated DPs). |consultation with commune and DPs, followed by approval of PPC. |
| | |(ii) DPs who do not have formal, or customary rights to the |For relocating households, assistance is in form of land-for-land of similar |
| | |affected land: |characteristics with title at no cost. The replacement land is no less than 40m2, or |
| | |An identified assistance amount will be provided based on the |compensation in cash with equal value if DP opts for self-relocation. |
| | |level of legality of the land and on a case by case basis. |Area and number of resettlement sites will be decided in consultation with DPs. |
| | |If the DP has no place to move, a land plot or an apartment | |
| | |satisfactory to them will be provided in the resettlement site. | |
| | |In case the relocated DP belong to vulnerable groups, the project| |
| | |will consider providing them with additional assistance (in cash | |
| | |and kind) to ensure that they can afford to relocated to a new | |
| | |site. | |
| | | | |
| | | |For poor or vulnerable DPs who have no other residential land in the same as their |
| | | |affected commune, the project will provide either a residential plot of minimum size at|
| | | |a common resettlement site, or an individual resettlement site, with title to the land |
| | | |(plot of 40 m2 in urban area and 100m2 in rural area); or on request of the DP, through|
| | | |informed choice, an assistance amount corresponding 60% of the land replacement cost |
| | | |for them to rearrange relocation by themselves. |
|3. Houses |3.1. Partial impact: |- If house/structure is partially affected and the remaining |The calculation of rates will be based on the actual affected area and not the useable |
| |Unaffected portion of the house is|structure is viable for continued use, the project will provide a |area. |
| |still viable for use and could be |house/structure repair cost, in addition to the compensation for | |
| |remained from the technical |affected portion at replacement cost, to enable DPs to restore it | |
| |viewpoints, therefore, require no |to former or better conditions. | |
| |relocation. |- Compensation for other structures/fixed assets will be at full | |
| | |replacement cost and will be in cash. | |
| |3.2. Full impact (i.e., house is |- Compensation in cash for entire affected structures will be |The calculation of rates will be based on the actual affected area and not the useable |
| |partially acquired by the project |provided at 100% of the full replacement cost for materials and |area. |
| |but no longer viable for continued|labor, regardless of whether or not they have title to the | |
| |use or the entire structure is |affected land or permit to build the affected structure. The | |
| |acquired). |amount will be sufficient to rebuild a structure the same as the | |
| | |former one at current market prices. No deductions will be made | |
| | |for depreciation or salvageable materials. | |
| | |- Compensation for other structures/fixed assets will be at full | |
| | |replacement cost and will be in cash. Tenants of state or | |
| | |organization’s houses will be: (i) entitled to rent or buy a new | |
| | |apartment of the area at least equal to their affected ones; or | |
| | |(ii) provided an assistance equal 60% of replacement cost of the | |
| | |affected land and houses. Any investments such as structures, | |
| | |trees, crops etc. made on the land by the DPs will be compensated | |
| | |at their full replacement cost. | |
| | |The tenants who are leasing a private house for living purposes | |
| | |will be provided with transportation allowance for moving their | |
| | |assets. They will also be assisted in identifying alternative | |
| | |accommodation. | |
|4. Crops and Trees, |Owners regardless of tenure status|For annual and perennial standing crops or trees, aquaculture |DPs will be given notice several months in advance regarding evacuation. Crops grown |
|aquaculture products | |products regardless of the legal status of the land, compensation |after issuance of the deadline will not be compensated. |
| | |in cash will be paid to the affected persons, who cultivate the | |
| | |land, at full replacement cost in local markets to ensure the | |
| | |compensation is sufficient to replace the lost standing crops, | |
| | |trees or aquaculture products. | |
|6. Public structures |Loss of, or damage to assets |Either in (i) cash compensation to cover the cost of restoring the|For public structures, the displacement will be carried out by the owners prior to the |
| | |facilities or (ii) in kind compensation based on the negotiation |start of works. |
| | |between District Compensation Board/ Land Fund Development Center | |
| | |and owners of assets. | |
|7. Communal-owned assets, |Loss of,, or damage to assets of |Either (i) cash compensation to cover the cost of restoring the |For the communal owned assets directly affecting lives and production activities of the|
|collective assets |village, ward, commune, district, |facilities or (ii) in kind compensation based on the negotiation |community, restoration must be done prior to the start of works. |
| |provincial government unit. |between DCB/ CLDF and owners of assets. | |
|8. Graves |Have to move the graves or tombs |- All costs of excavation, relocation and reburial will be | |
| | |reimbursed in cash to the affected family. | |
| | |- Graves to be exhumed and relocated in culturally sensitive and | |
| | |appropriate ways. | |
|9. Loss of Income/ Livelihood|Impacts due to permanent loss of |- Allowance for Loss of Livelihood: Affected person will be |The amount will be given in tranches every 6 months to coincide with the cropping |
|due to loss of productive |20% or more of their total |compensated with one-time payment at cash equivalent to 30 kg of |season while affected households are taking part in the income restoration program in |
|land |productive land or where ................
................
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