RP755 v9 Ministry of Industry and Trade World Bank Renewable Energy Development Project Resettlement Plan Nam Khanh Hydropower Subproject Submit by: SONG DA ­UCRIN CONSTRUCTION CONSULTANCY COMPANY LTD. Lao Cai, November 2010 CONTENTS SUMMARY ......................................................................................................................... v I. INTRODUCTION ............................................................................................................. 7 1.1. Renewable Energy Development Project................................................................. 7 1.2. Nam Khanh Hydropower Plant ................................................................................ 8 II. SCOPE OF IMPACTS BY NAM KHANH HYDROPOWER PLANT ............................... 12 2.1. Impacts on Land .................................................................................................... 12 2.1.1. Permanent Impacts......................................................................................... 12 2.1.2. Temporary Impacts ......................................................................................... 17 2.2. Impacts on Trees and Crops.................................................................................. 19 2.3. Impacts on Structures ............................................................................................ 21 2.4. Impacts on Income and Business .......................................................................... 22 2.5. Other Impacts ........................................................................................................ 22 III. INSTITUTIONAL FRAMEWORK AND ENTITLEMENTS OF AFFECTED PEOPLE .... 23 IV. SOCIO-ECONOMIC OF AFFECTED COMMUNITIES AND PEOPLE ........................ 31 4.1. Socio-Economic Situation of the Affected Communities......................................... 31 4.2. Socio-economic of affected people ........................................................................ 33 V. COMPENSATION AND ASSISTANCES ...................................................................... 37 5.1. Compensation ....................................................................................................... 37 5.2. Assistances ........................................................................................................... 38 VI. CONSULTATION AND PEOPLE PARTICIPATION .................................................... 42 6.1 Community Consultation......................................................................................... 42 6.2. People Participation ............................................................................................... 42 6.3. Grievance Redresses Mechanism ......................................................................... 43 VII. MONITORING, SUPERVISION AND EVALUATION .................................................. 45 7.1. Internal Mornitoring ................................................................................................ 45 7.2. External Monitoring and Evaluation ....................................................................... 46 VIII. REPORTING............................................................................................................. 48 IX. IMPLEMENTATION PLAN .......................................................................................... 49 X. RESETTLEMENT COST AND BUDGET ..................................................................... 50 APPENDICES .................................................................................................................. 51 Appendix 1: Area of Permanently Affected Land by Households .................................. 52 Appendix 2: Area of Temporary Affected Lands by Households ................................... 56 Appendix 3: Affected Trees and Crops by Households ................................................. 57 Appendix 4. Affected Structures by Households ........................................................... 62 Appendix 5: Minute of Consultative Meeting with Communities .................................... 63 Appendix 6. List of Affected Households Participated in the Consultative Meetings...... 67 Appendix 7. Survey Form of Scope of Impacts ............................................................. 69 Appendix 8. Project Information Booklet ....................................................................... 71 ii LIST OF TABLES Table 1: Key specifications of Nam Khanh Hydropower Plant construction ....................... 9 Table 2: Categories and permanently affected area of households ................................. 12 Table 3: Scope of Permanent Impacts by Communes ..................................................... 13 Table 4: Total of permanently acquired area of lands by construction components ......... 16 Table 5: Temporarily affected land area of households ................................................... 17 Table 6: Total of Temporarily Affected Land by Construction Components ..................... 18 Table 7: Number of trees affected by plant construction .................................................. 20 Table 8: Amount of crops affected by Nam Khanh hydropower plant construction .......... 21 Table 9: The Resettlement Entitlement Matrix of Nam Khanh Hydropower Plant ............ 27 Table 10: Main source of income..................................................................................... 34 Table 11: Main food crops of affected households .......................................................... 34 Table 12: Fruit trees ........................................................................................................ 35 Table 13: Main animals of affected households ............................................................... 35 Table 14: Home furniture of affected households ............................................................ 35 Table 15: Compensation paid for the categories of impacts ............................................ 38 Table 16: Assistant expenses .......................................................................................... 40 Table 17: Indicators for supervision, mornitoring and evaluation ..................................... 45 Table 18: Estimated budget for resettlement of Nam Khanh hydropower Plant ............... 50 iii ABBREVIATIONS HH Households kV Kilovolt M Metre MOF Ministry of Finance MOIT Ministry of Industry and Trade MW Megawatt PMB Project Management Board RPF Resettlement Policy Framework CPC Communal People's Central DPC District People's Committee WB World Bank iv SUMMARY Nam Khanh hydropower plant is located in the area of Nam Phang stream in Nam Khanh and Ban Lien communes, Bac Ha district, Lao Cai province. The subproject is designed with installation capacity of Nlm=12.00 MW. The hydropower plant is expected to start operation of its first generator in June 2011 and other generator in August 2011. The project is to supply 46,86 million kWh annually. The scale of land acquisition by the subproject is as follows: - Permanent Impact: 64 households who have land permanently affected (377 persons) with the permanently affected land area is 340.677,59 m2. - Temporary Impact: 5 households who have land temporarily affected (29 persons) with the temporarily affected land area is 21.065,50 m2 Among the area of 340,677.59 m2 of permanently affected land, there is 138.670,80 m2 of productive land including paddy land, up-land fields and land for perennial trees - presenting 40,7% of total productive land permanently acquired by the subproject. Among this permanently affected productive land, the paddy rice land is to be acquired counting for 75.303,10m2. There are 12 households (71 persons) out of the total 64 affected households who have land acquired more than 10% of their total productive land area and these households are considered as severely affected households.In addition, the permanently affected land area includes fallow land around stream area (50.631,19 m2) and forestry land (150.466,50 m2). The permanently affected area of forestry land and fallow land around stream are under management of the People's Committees of Nam Khanh and Ban Lien Communes in Bac Ha Districts. Regarding the temporary impact, there are 5 households (with 29 persons) who have agricultural land temporarily affected with a total of 21.065,5 m2, including 2.155,5 m2 of paddy rice land, 6.640m2 of hilly field land /perennial crop land and 12.270,0 m2 of forestry land. For residential land, there are 4 households (with 16 affected persons) who are affected with area of 909m2. However the, impacts on residential land of each household is minor. Because of small parts of residential land affected, the households shall be provided with compensation and assistance to repair the houses' fronts; relocation is not required for these households. Regarding the impacts on trees and crops, there are 41 households who have trees and crops affected out of 69 households who have their land recovered by the subproject construction (64 households who have land permanently recovered and 5 households v with land temporarily affected). Among which, 33 households who have 7.705 different kinds of trees affected, mainly Sinosideroxylon trees (5,655 trees), cinnamon trees (1.316 trees), Pine (201 trees), Apricot (315 trees) and some other kinds of trees like palm, baccaurea sapida, etc. A total of 27 households who have 93.824,73m2 of crops affected including 76.783,00m2 of tea area, 13.655, 00 m2 of cassava, and 163.13 m2 of ground nut, 2.681,6 m2 of maize and 542 m2 of paddy rice. Besides, the construction activities of the subproject 110 kV transmission line will cause an impact on 8.360m2 of crops of 15 households including 5.000m2 of tea, 3.360 m2 of paddy rice, 5.000 sinosideroxylon trees, 1.000 cinnamon trees, 1,000 apricot trees, and 500 other trees. Out of the said impacts, there is no other impact on assets of households and community caused by Nam Khanh hydropower subproject. Compensation plan is expected to be implemented in December 2010. Activities of income restoration and habitation development will be carried out in January 2011. Total costs that are associated with compensation, assistance, and income restoration activities for the households who are affected by Nam Khanh hydropower plant are estimated to be VND 3.266.490.751. vi I. INTRODUCTION 1.1. Renewable Energy Development Project The objective of the Renewable Energy Development Project is to increase the supply of least-cost electricity to the national grid from renewable energy sources on a commercially sustainable basis in an environmentally and socially sustainable manner. The project will have three components: (1) the investment project implementation component, (2) the regulatory development component, and (3) the pipeline development component. The Investment Project Implementation component will provide (i) a re-financing facility to participating commercial banks for loans to eligible renewable-based projects below 30MW developed by private sponsors, and (ii) technical assistance for building the capacity of participating banks and project sponsors to prepare, appraise, finance, and implement renewable energy projects in accordance with the international best practices. This component will be implemented by the Project Management Board (PMB) for Rural Energy and Renewable Energy of the Ministry of Industry and Trade (MOIT). The component has two sub-components as described below. - Credit to Support Renewable Energy Investments: Private developers will develop subprojects of below 30MW based on small hydro, wind, and biomass in accordance with REDP criteria including environmental and social safeguards. Developers will commit at least 20% in equity funding and will approach participating banks for lending of up to 80% of each subproject's total project cost. The participating banks, which have been selected on a competitive basis, will appraise eligible renewable energy subprojects proposed by developers and provide loans to projects that meet all the requirements of the participating banks. The banks will lend to subprojects on commercial terms determined by market forces and will bear the full credit risk of the funds. Eligible loans will be re-financed up to 80% of participating banks' lending or 64% of total project cost for each subproject. This means that participating banks will commit at least 16% of total project cost to each subproject as their own lending and project developers will contribute 20% as equity. Upon approval of an application 7 for re-financing a loan, the respective participating bank will receive REDP (IDA) re-financing through MOF. REDP contribution will be based on IDA funding lent to the Ministry of Finance (MOF) on IDA terms. It is estimated that some 20 subprojects (90% small hydro and 5% each wind and biomass) will be supported by the re-financing facility with an average capacity of about 10-11 MW. When fully operational, these projects are expected to comprise about 210 MW of installed capacity producing about 880 GWh of electricity annually. - Technical Assistance for Investment Project Implementation: The technical assistance part of Component 1 will support the overall management of REDP, verification of eligibility for re-financing, and capacity building at PBs, developers/developers and others. This technical assistance facility will be managed by MOIT PMB. The TA facility will support the project sponsors by providing them the necessary skills to identify good projects and to prepare proposals for bankers, navigate the approvals process, and negotiate financing. This would include, inter alia, training for conducting feasibility studies, design optimization, construction management, operation, maintenance, the management of financial risks and takes into consideration environmental and social safeguards. The TA facility will support the PBs by enabling them to understand the risks of investment in renewable energy projects, supervise such projects with respect to safeguards, prepare credit policies for such projects, and appraise subprojects against those policies. The TA facility will also provide resources for project management of REDP by the PMB. If required, the TA facility would also assist the AU to evaluate projects against the eligibility criteria. This Resettlement Plan has been prepared in conformity to the OP 4.12 on Involuntary Resettlement of the World Bank and the Resettlement Policy Framework prepared and approved for the REDP. 1.2. Nam Khanh Hydropower Plant Nam Khanh Hydropower Plant is located at Nam Phang stream in Nam Khanh and Ban Lien communes, Bac Ha district, Lao Cai province. The headwork was 8 designed with the normal water level of 707 meter and lowest water level of 701,00m. The main duty of the Plant is to generate electricity with installed capacity of Nlm=12.00 MW, the annual average energy is estimated at 46,86 million kWh supplying to national grid. The construction is expected to be completed with operation of the first electricity generator in June 2011 and of other generators in August 2011. Nam Khanh hydropower Plant consists of the following key components: - Headwork construction: - Dam; Spillway - Energy channel: - Intake; head race, underground tunnels; surge tank; penstocks; hydropower house; discharge channel; outdoor switchyard. - Power house, parking area, security rooms, garden - Hostel for administrative staffs - Access roads - The 110 kV transmission line (3.5 Km) from the Power House to the substation of Bac Na Hydropower Plant. Table 1: Key specifications of Nam Khanh Hydropower Plant construction Construction Key specifications items - Spillway reinforced concrete structure, sill elevation 707,00, sill plate 686.00m - The dam in the left component with ophicerope section, Dam crest length 48,00, side upstream face slope 2.00m, maximum height 21,5m - The dam in the component with ophicerope section reinforced concrete cover, Dam right side crest length 40,50m, Dam surface 2.00m, maximum height 21,00m - Reservoir active storage Vhi = 0,156X106m3 - Discharge channel Reinforced concrete structure. Valve gate is flat and composed of steal - Intake Intake gate 1.8mx1.8m, valve house is composed of reinforce concrete frame, brick wall, tin roofed. 9 Construction Key specifications items Head race Reinforced concrete structure, square shape, length Lod=202,19m, designed storage capacity Qtk=8,34m3/s width bxh=1,8x1,8m thickness of concrete sheet 0,3m Surge tank Reinforced concrete structure, circle shape. Height 32,92m inside diameter 8m; outside diameter 10m, Foundation size BxH= 13,00x15m. Valve house Reinforce concrete structure, size5.6x7.4m, height 7,20m Penstock Penstock is made of steel =3250kg/cm2, with reinforced - steal CT3 with =2350kg/cm2 Power house and Reinforced concrete structure, divided into two parts: powerhouse discharge channels and administrative house with 3 machine assemblies, Francis horizontal axis turbine, capacity of each turbine of 4,0MW;Total capacity 12,00MW Installed Nlm = 12,00 MW capacity Average energy E0 = 46,86 million kWh capacity for years Full supply 707,00m water level Minimum 701,00m operating level The construction is expected to be completed in 2 years and 4 months from start. Total cost of the project (excluding compensation and other costs) estimated in May 2009 is VND 270.668.322.000. Including: Civil works 141.336.780.000 VN Equipment 72.784.879.000 VN Administration 2.874.439.000 VN consultant services 13.555.681.000 VN Others 16.750.290.000 VN Contingency 23.366.253.000 VN 10 Map of Nam Khanh Hydropower Plant 11 II. SCOPE OF IMPACTS BY NAM KHANH HYDROPOWER PLANT 2.1. Impacts on Land 2.1.1. Permanent Impacts Mitigating measures to minimize areas of permanently acquired land were carefully considered such as: minimizing water level in the reservoir, avoiding expansion of the existing roads, minimizing the width of access roads to meet transportation needs and strict monitoring measures to prevent land slide and further impacts to land area. Construction sites are planned far from residential areas with mitigating measures to minimize impacts on resident and their productive land. Notwithstanding, the hydropower plant will cause impacts permanently on 64 households (377 persons) with area of 340.677,59 m2 of lands including 150.466,50 m2 of paddy rice land, 909,00 m2 of residential land, 50.631,19 m2 of fallow land. Forestry land has a largest share of the affected land (constituting 40.1% of the total affected areas). Table 2: Categories and permanently affected area of households Impacts Category of permanently affected land of households No of No of Affected Area (m2) households person Paddy rice and seasonal crops land 75.303,10 30 174 Hilly field land/perennial land 63.367,80 39 229 Forestry land 150.466,50 48 283 Residential land 909,00 4 24 Sub-Total 290.046,4 Fallow land around rivers or streams 50.631,19 Total 340.677,59 It is noted that some households and affected persons lost more than one type of land. The total of households who lost land permanently is 64 with 377 affected persons . Although the name of the subproject is Nam Khanh but the majority of permanently impacted land is found in Ban Lien commune. The affected land in Nam Khanh commune is 117.068 m2, representing just 34.3% of the total land 12 affected by the subproject. There are 25 households who have permanently affected land and 2 households with temporarily affected land. The numbers of affected persons are 147 persons and 11 persons respectively. The affected land in Ban Lien commune represents 65.7% of the total affected lands with 39 households (229 affected persons) who have land permanently affected and 3 households with 18 persons who have land temporarily affected. Table 3: Scope of Permanent Impacts by Communes Names of Total of permanently No. of permanently No. of permanently 2 Communes affected land area (m ) affected HHs affected persons Nam Khanh 117,068.0 Plant site 114,515.0 16 94 Transmission line 2,553.0 9 53 Ban Lien 267,313.6 Plant site 265,570.6 33 195 Transmission line 1,743.0 6 34 Total 340,677.59 64.0 377 Scope of impacts on land by construction components is described as follows: - Reservoir: Consideration to reduce water level in the reservoir has been one of the mitigation measures. The adopted designed water level requires minimum flooded area. The permanent acquired land for total area of reservoir is about 57.409,19 m2. Permanently acquired land is mainly fallow land (33.711,19m2 constituting 58,7% of acquired land areas), and other land categories including paddy rice land (12.192,00 m2 representing 21,3% of total acquired land), hilly field land, perennial land(8.866,00 m2 representing 15,44% of total acquired land) and forestry land, which is the least affected land type by this component (2.644m2 representing 4,59% of total acquired land). - Main Dam: The construction of the main dam requires permanent acquisition of 58.103,00 m2 of land. The component will affect just 63 m2 of residential land (accounting for 6,93% of total acquired residential land) and it is one of the two construction components having impacts on residential land. The main dam require recovering mostly forestry land 13 (33,144.00 m2 representing 57,04% of acquired land for this component), following by paddy field land (11,966.00 m2 representing 20,59%), hilly field land (3.430 m2 constituting 5,9%) and fallow land (9.500 m2 constituting 16,35%). - Headrace tunnels: this component willrecover permanently an area of 16.175,00 m2. This component mostly occupies hilly field land and perennial crops land (5.600 m2 constituting 34,62% of total acquired land for this component) and forestry land (10.575 m2 constituting 65,38% of total acquired land for this component). - Pressure tunnels: will require acquisition of forestry land with total area of 11.490 m2. - Powerhouse: this component has smallest impacts on land. Total acquired land for this component is 4,404.00 m2 (representing 0,68% of total permanently affected area of the project).Nearly half of this area is paddy field land (2,004.00 m2 representing 45,5%), and the other half is forestry land (2.400 m2 representing 55,5%). - Access roads: this component has the second larges i impacts both in area and categories of land. Total permanently affected land by this component is 186.420,4 m2 (constituting 48,5% of total permanently affected area of the project). The acquired land for this component consists of residential land, paddy field land, hilly field land, perennial crop land and forestry land. Forestry land (97.121,50 m2) makes up 52% of the total acquired land for this component, following by paddy field land ( 48.581,10 m2, representing 26%) and hilly field land orperennial crop land ( 39.871,80 m2 representing 21,38%). This is the second component that requiresd acquitision of residential land . Residential land covered by this component is 846 m2 making up 93,07% of total permanently affected residential land of the project. - 110 kV transmission line component: 20,5km of the 110 kV transmission line is to be invested to connect Nam Khanh hydropower plant to the national power network. This transmission line will be shared by three hydropower plants. Thereof, 3.5km from Nam Khanh hydropower plant to 14 Bac Na hydropower Plant will be invested by the Song Da 9 Join Stock Company. Seven (7.0) km from Bac Na hydropower plant to the switchyard of Nam Phang hydropower Plant will be invested joinly by the Song Da 9 Join Stock Company and the Bac Na Hydropower Join Stock Company . The last 10 km of 110 kV double circuit section from Nam Phang hydropower Plant to tower No 373 will be constructed jointly by the Song Da 9 Joint Stock Company, Bac Na hydropower Construction Joint Stock Company, and Bac Ha Energy Joint Stock Company. Therefore, land acquisition for the 110 kV transmisison line for Nam Khanh Hydropower Project will be the impact caused by the 3.5 km section from Nam Khanh hydropower plant to Bac Na hydropower Plant. This 3.5 km requires permanent acquisition of 4.296,0 m2 of land for tower foundations, of which 2,520 m2 is the forestry land and the remaining is the hilly field land; and (ii) temporary land acquisition t of 7.970 m2 of forestry land for the right of way (ROW). It is noted that some households lost more than one type of land and the same thing happened with affected persons. The total of affected households and affected persons of this compensation is 15 and 87 respectively. - Dyke: This component requires least area for construction, only 2.380 m2 of fallow land recovered. List of households losing their land permanently is attached in Appendix 1. 15 Table 4: Total of permanently acquired area of lands by construction components Including (m2) Remarks Components Acquired area (m2) Residential Paddy field Hilly field, perennial Forestry Fallow land land land crop land land Reservoir 57.409,19 12.192,00 8.866,00 2.640,00 33.711,19 Main Dam 58.103,00 63,00 11.966,00 3.430,00 33.144,00 9.500,00 Headrace gallery 16.175,00 0,00 0,00 5.600,00 10.575,00 0,00 Pressure pine 11.490,00 0,00 0,00 0,00 11.490,00 0,00 Powerhouse 4.404,00 0,00 2.004,00 0,00 2.400,00 0,00 Operation roads 186.420,40 846,00 48.581,10 39.871,80 97.121,50 0,00 transmission alignment 4 296, 0,00 0,00 1,776.00 2520,00 0,00 Dike 2,380.00 2.380,00 Total 340 677,59 909,00 75.303,10 63.367,80 150.466,50 50.631,19 16 2.1.2. Temporary Impacts During the construction stage, 21.065,50 m2 of land of 5 households (with 29 affected persons) will be temporarily affected for camps, storage areas including 2.155,5 m2 of paddy field land (constituting 10,2% of temporarily affected area) 6.640m2 of hilly field land/perennial crop land (constituting 31,5% of temporarily affected land) and 12.270,0 m2 of forestry land (constituting 58,3% of temporarily affected land). Table 5: Temporarily affected land area of households Impacts Temporarily affected Area No of affected No of affected land (m2) households people Paddy rice land 2.155,50 5 28 Hilly field/perennial crop land 6.640,00 5 29 Forestry land 12.270,00 4 22 Total 21.065,50 It is noted that some households lost more than one type of land and a similar thing happened to affected persons. The total of households and affected persons with temporarily affected land are 5 and 29 respectively List of households having their land affected temporarily is attached in Appendix2. 17 Table 6: Total of Temporarily Affected Land by Construction Components Categories (m2) Hilly Components Total acquired land (m2) Residential Paddy Forestry Fallow field/perennial land rice land land land crop land Reservoir 0,00 Main Dam 0,00 Headrace gallery 0,00 Pressure pine 0,00 Power house 0,00 Operation roads 0,00 transmission alignment 7,970,00 7,970,00 Dyke 0,00 Construction camps and gathering storage 13,095.50 2,155.50 6,640.00 4,300.00 Total 21,065.50 2,155.50 6,640.00 12,270.00 18 2.2. Impacts on Trees and Crops Nam Khanh hydropower Plant in total causes impacts on 11,707 trees, mostly low value wood trees. A total of 7,705 trees which belong to 33 households (among 69 households who have land recovered) will be affected by construction components, access roads and auxiliary components, including 5,655 sinosideroxylon trees, 1,316 cinnamon trees, 315 apricot trees, 201 pine trees and some other varieties like: palm trees and baccaurea sapida, and other trees. Besides, the component of 110 kV alignment causes a impacts on trees and crops of 15 households ­ 5,000 sinosidero xylon, 1,000 apricot trees, 1,000 cinnamon trees and 500 other trees are affected, 19 Table 7: Number of trees affected by plant construction Palm Baccaurea Sinosideroxylon Apricot Pine Cinnamon M Affected households trees sapida Total (tree) (tree) (tree) (tree) (tree) (tree) (tree) 33 households affected by the plant 5.655 315 201 1.616 170 46 2 7.705 construction 15 households affected by the 110 kV 5.000 1.000 1.000 500 7.500 transmission line 20 In terms of affected areas with trees, construction of Nam Khanh hydropower Plant has impact on 93.824,73m2 of perennial trees and crops of 27 households, of which, 76.783m2 is area under tea trees, 13.655 m2 is under cassava, 163,13 m2 is under ground nut, 2.681,6 m2 is under maize and 542 m2 is paddyfield. The 110 kV transmission line causes impacts on 15 households with 5000 m2 of area under tea trees and 3.360 m2 of paddyfield. Therefore, total crops area affected by hydropower plant construction is 102.184,73 m2 Table 8: Amount of crops affected by Nam Khanh hydropower plant construction Number of Cassava Ground Maize Rice Total (m2) affected Tea(m2) 2 2 2 2 (m ) nut(m ) (m ) (m ) households 27 households affected by the plant 76.783,00 13.655,00 163,13 2.681,60 542,00 93.824,73 construction 15 households affected by the 5.000,00 3.360,00 8.360,00 transmission alignment 110kV Total 81.783,00 13.655,00 163,13 2.681,60 3.902,00 102.184,73 The above land acquisition is to be made after households harvest their crops. For wooden trees, affected people are compensated for affected trees and allowed to harvest them also. The list of affected households whose crops lost by the project is attached in the Appendix 3. 2.3. Impacts on Structures Two components of Nam Khanh hydropower plant ( access roads and main dam) cause impacts partly on housing structures of four (04) households with a total of 909 m2 affected, of which, 869 m2 is area of house and 40 m2 is area of auxiliary structure such as latrine and animal cages. The list of households affected of houses and auxiliary structure is attached in Appendix 4. 21 2.4. Impacts on Income and Business During the construction stage, Nam Khanh hydropower plant will cause permanent impacts on 75.303,10 m2 of paddy rice and seasonal crops land, and temporary impacts on 2.155,5 m2 of paddy field land. According to the detailed measurementsurvey (DMS) of losses, 12 households will lose more than 10 % of their total productive land area. Acquisition of land and affected on-land assets, especially tea trees ­ one of the main incomes of local people, will impact on income and livelihoods of affected households. The hydropower plant construction also causes impacts on a huge area of stream in Nam Khanh and Ban Lien communes. However, since the topography of the affected area is composed of rough, sloping components with narrow, gradient and rocky stream so people hardly catch fish in this area. Therefore, Nam Khanh hydropower Plant construction doesn't cause any impacts on fishing activities of the local people. In fact, people often catch fish in flat terrain stream and far from the reservoir bed. From the upstream area of the spillway upward, the source of fish will not be affected when the hydropower plant is completed; moreover, there will be a growth in varieties and in amount as the water level in the reservoir makes a larger and more stable space. The down stream area from the dam to the hydropower plant will be impacted due to low water level. However, the impact is not serious as the gradient terrain of this area with many small incoming streams will increase water level, especially in raining season. Local people and local authorities and concerned agencies agreed and confirmed in the Minutes of the Consultative Meeting which was conducted on 14 July, 2010 with the communities that Nam Khanh hydropower Plant construction hardly causes impacts on fishing activitiesand water resources of the local people. The Minutes of the Meeting is enclosed in the Appendix 6. 2.5. Other Impacts Nam Khanh hydropower Plant does not create any other impacts on community and households out of the said impacts. Construction components are designed far from residential area and communities. Business opportunities, culture structures, community's assets and infrastructure are not impacted by the subproject. 22 III. INSTITUTIONAL FRAMEWORK AND ENTITLEMENTS OF AFFECTED PEOPLE This Resettlement Plan is prepared under the REDP, so the legal framework for compensation and resettlement will be based on the Policy Framework for compensation, resettlement and rehabilitation of project affected persons applied for REDP. The applicable policies for compensation and resettlement consist of (i) the WB policy requirements, (ii) existing regulation on compensation, rehabilitation, resettlement of the Government of Vietnam; and (iii) regulations on compensation, assistance and resettlement of the local authorities (Lao Cai Province). - Regarding the WB policy requirements, the OP 4.12 ­ the Involuntary Resettlement ­ is applied. The main contents of OP 4.12 are defined in the RPF. - The existing regulations on compensation, assistance and resettlement promulgated by the Government of Vietnam apply to implement the resettlement plan of Nam Khanh hydropower subproject, including: 1. The Land Law 2003 issued on November 26, 2003 2. Decree 181/2004/ND-CP issued on October 29, 2004 guiding the implementation of the Land Law revised 2003. 3. Decree 188/2004/ND-CP issued on November 16, 2004 on methods to determine land prices and assorted land price brackets. 4. Circular 114/2004/TT-BTC issued by November 26, 2004 guiding the implementation of the Government's decree No 188/2004/ND-CP. 5. Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, assistance and resettlement when land is recovered by the state.. 6. Circular 116/2004/TT-BTC issued on December 7, 2004 guiding the implementation of the Decree 197/2004/ND-CP. 7. Decision 209/2004/N-CP dated 16 December, 2004 on managing quality of construction project 8. Decree 12/2009/N-CP on 10 February, 2009 by the Government on managing construction investment project and relevant legal policies 23 9. Decision 23/Q-BCN on 05January, 2006 by the Minister of Industry on approving supplementation of small hydropower plant 10. Decree 17/2006/N-CP on amending and supplementing some charters of Decrees of Land Law Practice and Decree 187/2004/N-CP dated 17 January, 2006 on transforming State companies to Join Stock companies. 11. Circular 69/2006/TT-BTC on amending and implementing Decree 116/2004/TT-BTC dated 02 August 2006. 12. Decree 123/2007/ND-CP on amending and supplementing some charters in Decree 188/2004/N-CP dated 27 July, 2007. 13. Decree 84/2007/N-CP by the Government issued on 25 May, 2007 on revised regulations of issuing land use certificate, implementing land using rights, procedures of compensation, resettlement, grievance redress and support for Government land acquisition. 14. Circular 14/2008/TTLT/BTC-BTNMT on guiding application of a number of terms of Decree 84/2007/N-CP dated 31 January 2008 . 15. Decree 69/2009/N-CP issued on 18 August, 2009 by the Government on supplementing regulations of Land use planning, land pricing, land acquisition, compensation, allowance, and resettlement. The existing regulations on compensation, assistance and resettlement of the local authorities (Lao Cai Province) will be applied for the Resettlement Plan, including: 1. Decision 44/2009/Q-UBND on 25 December, 2009 by the People's Committee of Lao Cai province on detailed definition of land types, categories, locations, categorized streets of Lao Cai province in 2010. 2. Decision 45/Q-UBND, on 25 December, 2009 by the People's Committee of Lao Cai province on compensation, allowances, resettlement when the Government acquired land for purposes of national defence, national security, community's services or economic development in Lao Cai province. 3. Decision 47/2009/Q-UBND on 25 December, 2009 by the People's Committee of Lao Cai province on amending regulations of land rent, land allocation, procedures, transformation of land use purpose, land acquisition 24 and issuing land use certification which presented in Decision 56/2008/Q- UBND dated 29 January, 2008, in Lao Cai 4. Decision 532/UBND-TNMT on 17 March, 2010 by the People's Committee of Lao Cai province on Supplementing the Decision /2009/Q-UBND dated 25 December, 2009 of by the/2009/Q-UBND on regulations of compensation, allowance and resettlement when the Movement acquires land for national and public services or economic development purposes in Lao Cai province; Decision 46/2009/Q-UBND on 5 December, 2009 by the People's Committee of Lao Cai province on Price of rent land and rent water surface in Lao Cai province To harmonise the World Bank policy with the Viet Nam Government and local regulations on Compensation, assistance and resettlement, the following terms of resettlement framework of REDP were agreed among Resettlement Committee of Bac Ha district, the investor of Nam Khanh hydropower Plant, communal authorities and affected people: Applied principles for Compensation, Allowances and Resettlement of Nam Khanh Hydropower Plant. 1. During the planning as well as the design phase, it is required to minimize acquired land area and avoid affecting local people's assets. 2. The displaced households losing residential land, agriculture land, crops, trees and others in the subproject site will be compensated and assisted to improve or at least maintain their pre-subproject living standards, income earning capacity and production levels. 3. In case, lack of land use certificates (including residential land, agriculture land and others) and other legal claims associated with assets has no impact to the entitlements of compensation, assistance and resettlement 4. The land acquisition, compensation, assistance and resettlement income restoration and livelihoods development, etc. should be implemented in full consultation with all displaced people adequately. 25 5. The compensation for the lost land, crops and trees and other assets will be provided at replacement cost and no deduction, depreciation and conversion values or any others.. 6. The poor households, female headed households, and ethnic minority households. etc. and other vulnerable households will be assisted in accordance with the approved RPF and the existing provisions of the local authorities. Simultaneously, other assistances shall be provided by the subproject investor depending on the results of consultation with these displaced households. The Entitlement Matrix of REDP is described in the RPF. Accordingly, the entitlements matrix of Nam Khanh hydropower Plant is established as follows: 26 Table 9: The Resettlement Entitlement Matrix of Nam Khanh Hydropower Plant Order Types of loss Application Definition of entitled person Compensation Policy 1 Permanently More than 10% of All households, individuals or 1. Cash compensation for acquired land and assets at affected HH's total land organizations losing agriculture replacement cost. agriculture land holding lost land by project components (There 2. Rehabilitation programs and income restoration are 12 affected households) assistance are given (specified in charter 7) Less than 10% of All households, individuals or 1. Cash compensation for acquired land and assets at total land holding organizations losing agriculture replacement cost. lost land due to acquisition (There are 43 households affected by the construction and 9 households affected by the 110 kV transmission alignment) 2 Permanently Poor forestry and Owner of the affected forestry land Compensation payment will be made on the regulated affected categorized as type (The People's Committee of Nam price frame for the households who already had forestry land 3. It is not a type of Khanh and Ban Lien communes) forestry land allocated to protect and plant. protective forestry 3 Affected trees All trees and crops People losing crops and trees on Compensation on regulated price frame and crops affected by the the affected area if displacement is required for affected trees, construction (41 affected households) compensation will cover removal expense and any actual damages 27 Order Types of loss Application Definition of entitled person Compensation Policy 4 Temporarily Agricultural land Households of temporarily affected 1. compensation for land rent basing on length of affected temporarily affected agriculture land (05 affected affected period as regulated in the Decision agricultural during the households) 47/2009/QD-UBND on 25 December 2009 by the land construction stage People's Committee of Lao Cai Province 2. Construction firms should restore the soil quality to households with equal quality of soil as before affected. 5 Residential residential land Affected land user (04 affected Cash compensation for land lost at: (i) 100% of land acquisition households) replacement cost to eligibility people; (ii) 30% of replacement cost to temporary affected land 6 Houses, Land acquired with House, structures, assets on (i) Compensation in cash for all affected structures will structures, structures built affected land ( (04 affected be provided at 100% of the replacement cost for tombs thereon (houses, households) materials and labour without deductions for kitchen. etc..) depreciation or salvaged building material 28 Order Types of loss Application Definition of entitled person Compensation Policy Tombs of affected Compensation for tombs relocation will cover payment households of digging, removal, purchasing/allocation new area, and relevant expenses Allowance for praying of tomb removal as local custom Combined structures (not components of tomb) will be compensated For derelict tombs, the People's Committee will move to new cemetery 7 Allowance Allowance to 12 households will lose more than 1. For four (04) households losing residential and 10% adverse affected 10% of their productive land, of productive land: Subsistence assistance equivalent to households (losing which, five (05) households will market value of 30kg of rice/person/month for 6 more than 10% of lose from 20% to 46% of their months (it is 3 months as regulated in the RPF, but the their productive land) productive land, 04 households will investor gives assistance for 6 months in compliance lose both residential and 10% with regulations of the Provincial People's Committee) productive land 2. For the other eight (08) households (out of the 12 households) losing more than 10% of productive land: subsistence will be paid in cash which equivalent to market value of 30kg of rice/person/month for 3 months. 29 Order Types of loss Application Definition of entitled person Compensation Policy 3. Assistance of vocational training for one family member of affected households (households losing 10- 50% of their productive land) or for two family members (households losing 50-70% of their productive land). For households losing over 70% of their productive land, all family members will be assisted to participate vocational training 4. Life stabilisation: subsistence assistance VND 1.500.000 / household for one-time assistance. 5. Priorities are given to these households to participate aid-development programs by the Movement or international organizations Subsistence to the Affected households who are poor, 1. Subsistence assistance: VND 1.500.000 / household poor and vulnerable ethnic, women headed households households and other vulnerable households (64 households) 8 Incentive DP who timely hand the affected A bonus of minimum of 2.0 million VND, maximum bonus land to the project voluntarily amount will be determined by provincial authorities. 30 IV. SOCIO-ECONOMIC OF AFFECTED COMMUNITIES AND PEOPLE 4.1. Socio-Economic Situation of the Affected Communities Bac Ha district is located in Northeast of Lao Cai province. The district covers an area of 686,78km2 with central of the district called Bac Ha town and with 20 communes, including: B n Ph , B n Li n, B n Già, B o Nhai, B n Cái, C c Ly, C c L u, N m Ṃn, Nam Khanh, N m ét, Na H i, L u Thí Ngài, Lùng Ph́n, Lùng C i, T C T , T Van Ch, Tà Ch i, Th i Giàng Ph , Hoàng Thu Ph , N m Lúc. Nam Khanh and Ban Lien are two communes' impacted by Nam Khanh hydropower Plant. There are 7 villages in Nam Khanh commune: Nam Khanh, Làng M i, N m Càng, N m T n, N m Táng, Giàng Trù, Mà Ph . Nam Khanh commune covers an area of 2.048 hectare with 187 households including 112 households of Dao people, 56 households of La Chi people, 17 households of Nung people and 2 households of Kinh people. The commune's population is 1,114 people of which, 550 people are male and 557 people are female. Nam Khanh is categorized as a poor commune with monthly average income of VND 800.000 per capita. The poverty rate in 2009 is at 58,8% (110 households out of 187 households). The commune is helped with aid-driven poverty alleviation programs invested by the Government such as Program 135, Program 472. For agriculture production, local people live on cultivation of rice, maize, cassava, cinnamon but their productivity and quality is low due to their backward cultivation habits and limitation of information and techniques. Gross food production of the commune marked 346,5 tons in 2009 including 89 tons of maize, 201,6 tons of cassava and 80ha of cinnamon. Animal raising is kept in self-sufficiency mode. There isno household who carry out animal husbandry in large and commercial scale . Total heads of livestock in commune include: 535 f buffalo and 354 goats. Epidemic diseases spreading among livestock and poultry is a serious risk to income and livelihood of local people. Cultivation and animal husbandry are main sources of people's incomes. In addition, some households earn extra income from manual labour on intermittent basis; and a few households from small business and trading . 31 Trading and services have started in the commune on a small scale, mostly providing food and necessities. There are in total 15 households doing business and small groceries with little higher incomes, about VND 1,200,000 /month. Features of a market are not obvious as people mostly exchange their products of cultivation and animals. Other kinds of food products are brought in for sale or exchange by outside private traders There are 115 households out of 187 households using electricity from national grid. However, energy is cut off regularly wholly or partly in the commune. Traffic in the commune or with other communes is quite comfortable except for some road sections, which become very difficult during the raining season. According to the census data of the Education Department of Bac Ha district, 100% of school- age children go to school and there is no drop-out case. There are 3 classes of kindergarten with 45 children; 11 classes of primary school with 118 children; 4 classes of secondary school with 77 children; there are 50 illiterate people; 50% people can communicate in Kinh language while the other (predominantly the old) are able to communicate in their own language only. Traditional culture and local wisdom of these ethnic people are still preserved . Besides Nam Khanh commune, Ban Lien is the second commune affected by Nam Khanh hydropower plant with the affected area being larger than those of Nam Khanh commune. There are 9 villages in Ban Lien commune with 354 households (2,058 people). People in the commune are mainly ethnic minority people, Tay people constitute 55%, Mong people constitute 30% and Nung people constitute 15% of the commune population. Rice, maize, cassava are major crops of people in the commune. Cultivation area of the commune consists of 105 ha of paddy rice land and 10 ha of up rice land. The productivity that the commune reached in 2009 is 334,5 rice tons, 78 maize tons. Besides rice, maize and cassava plants, San Tuyet tea is a special product of Ban Lien commune. There are 250 hectare of tea plants in the commune, of which, 120 hectares is in time of harvesting. Tea plantation benefits the commune with VND 800 million each year. Tea cultivation is the main income resource of Tay people. Tay people mostly cultivate tea and rice while Mong people and Nung people mainly cultivate rice. The trend is that local production will be gradually switched toward tea and rice farming as these crops bring higher productivities 32 and income. A processing tea factory has been built in Ban Lien commune and local people are expected to increase their tea area to supply raw material for the factory. The product is being exported to other countries. Animal husbandry is quite developed in the commune with 1.000 buffalos, 800 horse, and 3.000 pigs. Nevertheless, animal husbandry has remained at a self- sufficiency status and animal breeding for trading is not yet observed. Horses are mostly used for transportation and carriage purposes. The commune is considered poor with average income 500.000 per capital. Poor households account for 15% of the total commune households (there were 189 poor households in 2009) 50% of people in the commune are using off grid electricity because national grid has not arrived to the commune. All ethnic people in the commune can communicate in Kinh language. Though, 35% of Tay-Nung people and 15% Mong people can read in Kinh language. Therefore, education in the commune faces with difficulties, there are only 3 classes of kindergarten children, 3 classes of primary school and 2 classes of secondary school. Traditional habits and local wisdom are still preserved in people's daily life. 4.2. Socio-economic of affected people There are in total 69 households affected by the project, these households live in Nam Khanh and Ban Lien commune. Socio-economic surveys have been conducted to 100% of affected people. The surveys mostly combined qualitative data collection methods (16 households were involved in in-depth interview for household socio-economic information, six (06) focus group discussions were conducted ­ four (04) group discussion and 06 consultative meeting with communities in 02 communes were carried out). The in-depth-interviews with participation of representatives from women union, famer association, village leaders, communal leaders, Father Land Front, affected and non-affected households and participation of representatives of village leader, vice-village leaders, women union of the two villages, and all affected people in the focus group discussion conducted in the two villages as well as representatives of compensation steering committee of Bac Ha district, communal leaders, project holders, and all people in the affected area... attending the consultative meeting with communities conducted in the two villages on 3 June, 2010 and on 14 July, 33 2010 were good conditions for appropriate and sufficient data collection of socio- economic information. Interviewing patterns are attached in Appendix 4, 5, 6. Minutes of consultative meetings with communities and list of attended households are enclosed in Appendix 7. The analysis of socio-economic data describes income structure of affected households as the followings: Table 10: Main source of income Main source of Agriculture (food crops, cash Presenting 68,3% of income crops, perennial plants) total income Animal husbandry (fish, livestock, Presenting 22,7%of poultry) total income Manual labour Presenting 10,7% of extra income total income Small business Presenting 8%/ of total income Currently, all poor households are beneficiaries of hunger elimination and poverty alleviation programs like Program 135 and Program 472. The average income of each household is at 910.000 /year (under the poverty threshold). On average,, each household has 5,9 members, of which, 59% households are categorized as poor cases. Major causes leading to the poverty situation are due to (i) the backward cultivation habits (presenting 94%), (ii) shortage of capital (89,7%), (iii) situation of long term and repeated epidemic diseases, (74,7%), (iv) lack of access to market and labour information (61%). Table 11: Main food crops of affected households Rice 100% Maize 78,9% Cassava 59,8% Rice and maize are key crops of income resources. Annual average productivity is estimated at 799,5 kg/person. Each household has 1,63 hectare for cultivation and there are some vacation areas for reclamation. 34 Table 12: Fruit trees Apricot 54,2 % of households cultivating the plant Pine -tree 59,8 %of households cultivating the plant Tea 57,1 % of households cultivating the plant Other fruit trees are also planted like persimmon, sapotaseal, sugar apple, jack fruit ... by these households All affected households still practice animal grazing habits . Animal husbandry for market is not observed with households keeping animals mainly for their own consumption . Table 13: Main animals of affected households Buffalo 51,1%of households raising Cow 45,7% of households raising Pig 75,7% of households raising Goat 47,3% of households raising Chicken 100% of households raising Among the affected households, there are 4 households raising on average of 3 buffalos, 10 households are raising 4 horses and 21 households are raising 4-5 pigs Table 14: Home furniture of affected households Motorbike 22,8 % Television 43,6 % Telephone 34,2 % Radio 40 % Cooker 14,2 % Water pump 8,5 % 50,9% of affected households are using electricity from the power grid. All households of Ban Lien commune are using electricity from pico hydro power generators , which are installed atnearby streams. Most of households use wood for cooking and heating. A very few households use coal or gas. Currently, these households take rain water or water from wells for their daily use. Some households take water running through pipes from streams. 35 Average age of household heads is 49,5 years, 87,1% of them are male. These household heads mainly have education level from 7 - 9/12 grades (constituting 69,5% of the total),. Some other household heads reached education under grade 7 (19,3%) and a few household heads graduated 12/12 grades (11,2%). All household heads can communicate in common language (Kinh language), only one is not able to read or write in King language. There are 55,8% of households monthly going out from their communes and households yearly going out from their communes constitute 45,5%. They mainly go out for visiting their relatives and buy necessities for daily purposes and production. Most of the affected households have latrines but these latrines are temporarily established by leaves and sacks of which sanitation is not guaranteed. Spreading of epidemic diseases is therefore very likely. According to the communes' development plans for next year, local authorities will make their best efforts to reclaim and increase cultivation areas up to 1,89 ha/per household (compared to the current area of 1,63ha/per household) which is expected to improve food outputs up to 3,865 tons/households compared with the current outputs 4,28 tons/household. Promotion of animal farming at larger scaleis planned to be conducted as well as promoting of tea cultivationfollowing modern farming approaches. 36 V. COMPENSATION AND ASSISTANCES 5.1. Compensation Cut off date: the detailed measurement survey of losses of Nam Khanh hydropower Plant completed on 2 July, 2010. The cut of date is the date of competition of the DMS. The date was announced in public to affected households one week in advance, so that (i) the affected households could participate in the survey activities with the survey team of the Compensation Committee, meanwhile (ii) the communities could confirm that people living in the area or assets (crops, trees etc...) occurred after the aforementioned cut off date would not be entitled to compensation and resettlement. Replacement cost survey: A replacement cost survey on land, trees (different kinds of trees), crops and other assets upon lands, labour payment, costs of construction materials... were defined by a group of people comprising representatives of the district Compensation Committee, women's union, farmer's association, commune and village leaders and representatives of 15 households on behalf 49 affected households. It is a fact that almost local people in the subproject site have never exchanged the assets and properties by the real markets (most of people leave a part of their land, house for their children when they get married). Therefore, compensation price unit for land and assets on land regulated in the Decision 45/2009/QD-UBND dated 25 December, 2009 by the People's Committee of Lao Cai province (the Decision was issued based on the Governmental Decision No 69/2009) were consulted with affected households and it is realised that the compensation unit rates and the regulated assistant amounts are adequate to the values of lands and assets as well as the investments on lands (including labours). Representatives of affected households totally agreed with the compensation and assistant unit rates. Compensation price-schedule was consulted in the meetings with communities and affected households agreed with the compensation price schedule. The procedures for compensation will include 5 steps: 1. Applying the values to the lost assets for compensation to each affected household (with survey results agreed with the affected households). 37 2. Summary of impacts and entitlement's summarizing the assets lost and entitlements for each household for compensations and other assistances will be disclosed to all affected persons at public places. 3. Submission of compensation plan to the DPC of Bac Ha for approval. 4. The approved compensation plan will be disclosed 5. The compensation and assistance will be paid Compensation activities are expected to be implemented in September 2010. Compensation payment is estimated and breakdown as follows. Table 15: Compensation paid for the categories of impacts Impacts Amount (m2) Pricing (VND/m2) In cash (V ND) 1 Permanently impacted land 340 766,59 1.543.295.050 Paddy rice land 75.303,10 13.000,00 978.940.300,00 Upland field/ perennial land 63.367,80 5.000,00 316.839.000,00 Forestry land 150.466,50 1.500,00 225.699.750,00 Residential land 909,00 24.000,00 21.816.000,00 Temporarily impacted land 21.065,5 122.571.500 Paddy rice land 2.155,50 13.000,00 28.021.500,00 2 Upland field/ perennial land 6.640,00 5.000,00 33.200.000,00 Forestry land 12.270,00 5.000,00 61.350.000,00 3 Impacted trees 15.205 trees 1.202.288.305,70 2 102.184,73 m of crops 4 Houses, structures 909,00 24.000,00 21.816.000,00 Total compensation estimated 2.889.970.855,70 5.2. Assistances In compliance with the approved Resettlement Policy Framework of the REDP and the results of consultative meetings with the communities, income restoration assistances for affected households will be implemented as the follows 1. Affected households whose residential land recovered over 10% of their total production land by the subproject, and those have residential land also partly affected will receive assistance of 30 kg of rice/person/month in cash. The assistance will be paid for all family members in six months (it is three (03) months regulated in the RPF of the REDP, but these households will 38 receive assistance for 6 months following the regulations of the People's Committee of Lao Cai Province). One family's member of these severely affected households will receive assistance of vocational training. The assistance will be paid in cash and is estimated to be paid at 5.000.000 dong/family member. If the household lost from 10% to 50% of the total productive land, 01 family member will be assisted for vocational training; if the household lost from 51% to 70% of the total productive land, 02 family members will be entitled for this assistance. The households whose land is recovered more than 70% of the total productive land, all family members in the labour age shall be assisted for vocational training.. Assistance for vocational training will be implemented in cash at the level of VND 5,000,000/person not including VND 1,500,000 for subsistance (this is the higher level of such assistance under the GOV program for vocational training for rural areas. These affected households also will be given priority to attend other development programs by international organisations, goverment agencies or local authorities. 2. Affected households who have land recovered more than 10% of their productive land by the project will receive assistance of 30 kg of rice/person/month for three (03) months. The assistance will be paid in cash for all family members. The severely affected households will also be entitled to assistances for occupational trainings. If the household lost from 10% to 50% of the total productive land, 01 family member will be assisted for vocational training; if the household lost from 51% to 70% of the total productive land, 02 family members will be entitled for this assistance. The households whose land is recovered more than 70% of the total productive land, all family members in the labour age shall be assisted for vocational training. . Assistance for vocational training will be implemented in cash at the level of VND 5,000,000/person not including VND 1,500,000 for subsistance (this is the higher level of such assistance under the GOV program for vocational training for rural areas). These severely affected households will also be given priority to attend other development programs of by international organisations, government agencies or local authorities. 39 3. Severely affected households are assisted with 1.500.000 dong for life stabilisation. The assistance payment will be made in a onetime payment 4. Poor and other vulnerable affected households will be assisted with 1,500,000 dong for life stabilisation and will be made ina onetime payment 5. Incentive bonus will be given to households who timely and voluntarily hand over the affected land to the subproject as regulated in the Resettlement Policy Framework of the REDP (2,000,000 dong/household). 6. Particular for a household (Dang van Nan) who has about 80% of total the land holding lost, rice subsidy will be provided by 30 kg/head/month for six months for all family members together with (i) allowance for occupational creation for all family members who are in the labour age; (ii) be prioritized to received land reallocation (when construction completed, the unused land or no-more used land shall be give back by the subproject to the community to reallocate to affected households ­ this land is estimated as an significant amount); (iii) be prioritised to benefit from the Ethnic Minority Development Program as envisaged by the Ethnic Minority Development Plan. Furthermore, the household shall be entitled to the allowance for life stabilization and bonus of land hand-over on-time. Table 16: Assistant expenses Allowances Entitled people Unit (VND) in cash () Assistance to severely affected 42.840.000 households Rice assistance 16 people (4 6 months x 30 kg 20.160.000 1 households) rice x 7.000/kg 36 people (8 3 months x 30kg x 22.680.000 households) 7.000/kg Subsistence assistance to 96.000.000 vulnerable households (poor 2 households, ethnic households) Subsistence assistance 64 households 1.500.000/a 96.000.000 household Incentive bonus 10.000.000 3 Incentive bonus to affected 5 households 2.000.000/a 10.000.000 households who timely hand over household 40 Allowances Entitled people Unit (VND) in cash () their land voluntarily Total estimated Assistances 148.840.000 41 VI. CONSULTATION AND PEOPLE PARTICIPATION 6.1 Community Consultation It is necessary to establish close cooperation among the subproject investor, Resettlement Committee, mass-organisations, local authorities, village leaders and all of affected households. Representatives of the subproject investor, communal leaders, farmers' association, women's union together with the Resettlement Committee conducted 06 consultative meetings with communities and all affected households in the two communes. In the consultative meetings, investors and the concerned agencies informed and discussed with affected households the magnitude of the impacts, potential positive and negative impacts, mitigating measures and action plan related to the resettlement activities (inventory of loses, DMS results dissemination, compensation...). Opinions, suggestions and concerns of affected people were collected, so that, the concerned agencies can determine effective mitigating measures to ensure the entitlements of affected people. Representatives of affected households in the two communes, representatives of mass organisations, and communal leaders participated in the meetings. Entitlement matrix and policies of compensation, allowances were printed and distributed to affected households and posted on public areas like the commune's head-quarters, the village leaders' houses and other public places. In the consultative meetings with communities, questions, opinions, suggestions of people and affected people were addressed fully. Local people agreed for the construction of Nam Khanh hydropower plant in the area. The Minutes of Consultative Meetings with communities are enclosed in Appendix 7, 8. 6.2. People Participation Local people have been actively participating in the activities of compensation and assistance. The implementation of the DMS was conducted with full participation by affected households, village leaders, and mass organisations. Affected people and communities in the two communes together prepared plan of assistance program for affected households. Information of Nam Khanh hydropower plant was summarised in the Information Booklet to distribute to affected households in the two communes. The booklet 42 covers seven (7) key components: (1) introduction on the hydropower plant; (2) impacts by the subproject; (3) entitlements of compensation, allowances of the affected people; (4) implementation schedule of compensation and assistances as well as, construction activities (5) policies on compensation, allowance related the subproject; and (6) people's participation and (7) how the affected people can complaint for the entitlements. The booklet was compiled in the form of questions and answers so that affected people can understand easily. The Information Booklet for Nam Khanh hydropower plant is attached in Appendix 9. Entitlement matrix and other documents on compensation were provided and affected people and communities can directly participate in and monitor of compensation and assistance activities effectively. The Resettlement Committee of Bac Ha district also conducted meetings with related communes to disseminate information of Nam Khanh hydropower subproject. Communal leaders already informed people of these communes about the construction of the plant, its potential impacts, and affected people's entitlements. 6.3. Grievance Redresses Mechanism Nam Khanh subproject investor and Resettlement Committee conducted discussions of procedures of grievances to affected households. The procedures are presented as follows: - If individuals or households disagree with the policy of compensation, rehabilitation, resettlement or any other relevants, they should submit their complaints in wrtiting to the CPC of Nam Khanh or Ban Lien in writing or verbally. The CPC will resolve a complaint within a time limit of 15 days. - In case, the agreement and conciliation are not obtained or the affected people don't receive any response within a time limit of 15 days as from the date of receipt of the complaint, the affected people will have right to lodge a further complaint to the People's Committee of Bac Ha district. - Where a complainant does not receive reply or disagrees with the decision on resolution by Bac Ha DPC within 30 days, they will have right to lodge their further complaints to Lao Cai Provincial People Committee. 43 - If the complainants are not replied to or are not satisfied with the answers within 30 days after the date of the complaint's receipt, they will have the right to made their grievances to the administrative Court of Bac Ha district. The procedure of grievance redress was described in the Information Booklet of Nam Khanh hydropower plant and delivered to affected households; the booklet provides affected households contacts number and name of responsible people in the communes, district and province levels. Therefore, grievance redress is supposed to be more effective as complainnants acknowledge who to express grievances in such agencies. Affected people are not required to pay any admistrative fees to have their complaints resovled. Their grievances made to the administrative court are free of charge as well. Grievance dossiers and resolutions are to be kept by Nam Khanh hydropower plant investor and the People's Committee of Nam Khanh and Ban Lien communes. 44 VII. MONITORING, SUPERVISION AND EVALUATION 7.1. Internal Mornitoring Nam Khanh hydropower subproject investor is responsible for conducting internal mornitoring of Resettlement Plan implementation one time per month. The subproject investor will coordinate with the CPC of Nam Khanh and Ban Lien, the district's Resettlement Committee, mass organizations,to supervise, mornitor and evaluate the implementation of compensation, assistance and resettlement basing on the following mornitoring indicators. Table 17: Indicators for supervision, mornitoring and evaluation Issues Basic indicators 1. Implementation - The plan has been discussed with the community. plan - The plan is suitable to the actual condition and is coordinated with the affected persons. - The plan is suitable/proper to the schedule of the other operations. - The manpower of carrying out the plan fully - The cost for carrying out the plan significantly 2. Compensation for - Checking, counting the damages exactly. land and crops - Schedule of the land acquisition, compensation, the land - The simple procedure of the compensation. - The measures to mitigate the compensation of the land and crops is carried out well or not (acquiring the land after planning work, the compensation for one time etc) 3. Assistance - Ensuring the performed supports as specified in the matrix of entitlements. - Schedule of carrying out the compensation - The simple procedure and one time compensation payment made 6. Public Information - The affected households/the community/the communal authority Dissemination /the mass organization are fully disclosed information on the policy of compensation, rehabilitation, resettlement, implementation plan and grievance settlement procedures. - The affected people/the community/ the local authority /women's association participate into the related activities, especially the 45 Issues Basic indicators supervision of implementing the compensation, assistance and resettlement. 7. Grievance and - The affected households and the community clearly understand complaint the grievance procedures. procedures - Committee of public consultation at communal level/ the communal people's committee clearly understand the grievance procedures and can support the affected people to lodge complaints. Internal monitoring reports will be submitted quarterly to DPC of Bac Ha, DOIT of Lao Cai province and will be submitted to the BIDV of Ha Tay province periodically. The local authorities, especially the DPC of Bac Ha will participate in supervision, monitoring of compensation, assistance and resettlement to ensure that the land acquisition and entitlement of displaced persons will be implemented in compliance with the approved resettlement plan, the information dissemination will be conducted by subproject developer and district resettlement committee and the affected households will participate in the income and livelihood rehabilitation program, the grievance redress procedures will be complied with and the consultation with affected households will be carried out adequately by subproject developer and district resettlement committee. The BIDV in Ha Tay province is responsible for conducting its internal supervision, monitoring and evaluation of subproject to ensure that the subproject meets all requirements under REDP. 7.2. External Monitoring and Evaluation An independent monitoring agency will be contracted by the PMB to carry out the external monitoring, supervision and evaluation. The objectives of external monitoring are to provide evaluation, supervision of resettlement plan, restored on living standard and job, income rehabilitation. External monitoring will be conducted on annual basis, except that during the initial phase two visits per year will be required.. 46 The external monitoring and evaluation will focus on reviewing progress indicators and sustainable indicators, providing some lessons and recommending measures to improve the performance of the compensation, rehabilitation, resettlement and livelihoods rehabilitation plan. 47 VIII. REPORTING The subproject investor will submit the Resettlement Plan to the DPC of Bac Ha and to World Bank through BIDV Ha Tay for reviewing and approval. After obtaining the approval, the subproject investor will submit the quarterly progress report on implementation of Resettlement Plan to the DPC of Bac Ha and BIDV Ha Tay. Submission of the quarterly report will be finalized when completing the activities of the compensation, rehabilitation, resettlement and livelihoods development. 48 IX. IMPLEMENTATION PLAN The resettlement plan will be carried out as follows: Activities 1 2 3 4 5 6 7 8 9 10 11 12 2010 Public Consultation DMS Consultation on the draft RP Submission of the RP Consultation on the approved RP Compensation External Resettlement Monitoring 2011 Implementation of Income Restoration Activities 49 X. RESETTLEMENT COST AND BUDGET The resettlement cost is estimated as VND 3.266.490.751 The breakdown is presented in the following table. Table 18: Estimated budget for resettlement of Nam Khanh hydropower Plant Description Cost (VND) 1 Compensation 2.889.970.855,70 2 Allowances and Income Restoration Program 148.840.000 3 Management and Administration Fees (2%) 61.290.337 4 Contingency (10%) 315.080.719 Total 3.266.490.751 The Resettlement Committee of Bac Ha DPC will coordinate with the affected people to prepare the plan to implement particular compensation and assistant activities. Based on this plan, the costs will be transferred to the Resettlement Committee of Bac Ha DPC to carry out the compensation and assistant activities. 50 APPENDICES 51 Appendix 1: Area of Permanently Affected Land by Households Total area of acquired land (m2) Agriculture land Residential land Forestry land Order Name of householders Address % of % of % of acquired remain affected acquired remain affected acquired remain affected land land land I Main structures and auxiliary 74 743,10 579 856,90 909,00 20 941,00 157 370,50 1 968 870,50 1 Lư Vn C i Nam Khanh 499,00 11 501,00 4,16% 0,00 400,00 0,00% 4 592,00 30 408,00 13,12% 2 Phàn Vn Di u Nam Khanh 3 272,20 14 727,80 18,18% 0,00 400,00 0,00% 3 400,00 31 600,00 9,71% 3 Lư Vn Di u Nam Khanh 2 004,00 18 996,00 9,54% 0,00 500,00 0,00% 3 705,80 39 294,20 8,62% 4 Lư Vn Hà Nam Khanh 1 240,20 4 759,80 20,67% 400,00 100,00 80,00% 4 619,80 7 380,20 38,50% 5 Trng Vn H nh Nam Khanh 841,80 4 158,20 16,84% 46,00 154,00 23,00% 0,00 9 000,00 0,00% 6 Lư Th H ng Nam Khanh 3 161,00 8 839,00 26,34% 0,00 600,00 0,00% 3 684,70 30 315,30 10,84% 7 ng Vn Liên Nam Khanh 0,00 20 000,00 0,00% 0,00 600,00 0,00% 600,00 15 900,00 3,64% 8 Bàn Vn Minh Nam Khanh 2 790,00 21 210,00 11,63% 0,00 1 000,00 0,00% 0,00 20 000,00 0,00% 9 ng Vn Nàn Nam Khanh 8 055,30 1 944,70 80,55% 0,00 300,00 0,00% 17 217,00 27 783,00 38,26% 10 Lư Vn Nh ch Nam Khanh 0,00 18 000,00 0,00% 0,00 500,00 0,00% 2 100,00 25 900,00 7,50% 11 Lư Vn Thêm Nam Khanh 1 425,70 6 574,30 17,82% 0,00 500,00 0,00% 1 880,00 35 120,00 5,08% 12 Lù Vn Tr ng Nam Khanh 0,00 14 000,00 0,00% 0,00 650,00 0,00% 2 081,50 38 918,50 5,08% 13 Lư Vn Gèng Nam Khanh 0,00 11 000,00 0,00% 0,00 400,00 0,00% 0,00 25 000,00 0,00% 14 Lư Vn B n Nam Khanh 1 200,00 10 800,00 10,00% 0,00 500,00 0,00% 2 763,00 32 237,00 7,89% 15 Lư Vn nh Nam Khanh 262,90 7 737,10 3,29% 400,00 100,00 80,00% 1 056,90 17 943,10 5,56% 16 Lư Vn Sn Nam Khanh 1 104,60 13 895,40 7,36% 0,00 600,00 0,00% 4 322,20 40 677,80 9,60% 52 Total area of acquired land (m2) Agriculture land Residential land Forestry land Order Name of householders Address % of % of % of acquired remain affected acquired remain affected acquired remain affected land land land 17 Lâm Th Án B n Li n 585,00 9 415,00 5,85% 0,00 400,00 0,00% 13 486,00 31 514,00 29,97% 18 Vàng A ng B n Li n 0,00 6 000,00 0,00% 0,00 400,00 0,00% 5 775,00 37 225,00 13,43% 19 Vàng A C o B n Li n 2 155,00 18 845,00 10,26% 0,00 400,00 0,00% 0,00 25 000,00 0,00% 20 Lâm A Chiu B n Li n 0,00 11 000,00 0,00% 0,00 400,00 0,00% 0,00 20 000,00 0,00% 21 Vàng A Dng B n Li n 0,00 6 000,00 0,00% 0,00 400,00 0,00% 0,00 14 000,00 0,00% 22 Lâm A Dng B n Li n 0,00 1 000,00 0,00% 0,00 400,00 0,00% 0,00 14 000,00 0,00% 23 Lâm A H i B n Li n 0,00 10 000,00 0,00% 0,00 450,00 0,00% 0,00 34 000,00 0,00% 24 Lâm A Hi p B n Li n 0,00 21 000,00 0,00% 0,00 400,00 0,00% 792,00 33 208,00 2,33% 25 Lâm A Hoan B n Li n 254,00 13 746,00 1,81% 0,00 400,00 0,00% 7 842,00 35 158,00 18,24% 26 Vàng A Khuyên B n Li n 1 701,00 11 299,00 13,08% 0,00 400,00 0,00% 4 780,00 31 220,00 13,28% 27 Vàng A Lng B n Li n 5 416,50 4 283,50 55,84% 0,00 400,00 0,00% 7 199,00 28 801,00 20,00% 28 Lâm A Liên B n Li n 9 299,00 12 701,00 42,27% 63,00 337,00 15,75% 9 676,00 35 324,00 21,50% 29 Lâm A Lu n B n Li n 5 720,00 11 280,00 33,65% 0,00 400,00 0,00% 0,00 45 000,00 0,00% 30 Vàng A Mái B n Li n 3 149,00 9 851,00 24,22% 0,00 400,00 0,00% 18 893,00 71 107,00 20,99% 31 Vàng A Minh B n Li n 2 719,80 21 280,20 11,33% 0,00 400,00 0,00% 11 627,00 78 373,00 12,92% 32 Lâm A Ngoan B n Li n 300,00 15 700,00 1,88% 0,00 400,00 0,00% 8 500,00 41 500,00 17,00% 33 Vàng A Vng B n Li n 3 872,00 15 828,00 19,65% 0,00 450,00 0,00% 3 760,00 41 240,00 8,36% 34 Vàng A V n B n Li n 5 947,00 13 053,00 31,30% 0,00 400,00 0,00% 792,00 54 208,00 1,44% 35 Vàng A V n B n Li n 0,00 12 000,00 0,00% 0,00 400,00 0,00% 0,00 60 000,00 0,00% 53 Total area of acquired land (m2) Agriculture land Residential land Forestry land Order Name of householders Address % of % of % of acquired remain affected acquired remain affected acquired remain affected land land land 36 Vàng A V ng B n Li n 2 592,00 7 708,00 25,17% 0,00 400,00 0,00% 480,00 59 520,00 0,80% 37 Vàng A Xuân B n Li n 958,50 9 041,50 9,59% 0,00 400,00 0,00% 4 800,00 70 200,00 6,40% 38 Vàng A M c B n Li n 749,60 11 250,40 6,25% 0,00 400,00 0,00% 1 836,00 73 164,00 2,45% 39 Vàng A S B n Li n 1 728,00 9 972,00 14,77% 0,00 400,00 0,00% 4 014,00 10 986,00 26,76% 40 Lâm A Xuân B n Li n 1 056,00 18 944,00 5,28% 0,00 400,00 0,00% 0,00 35 000,00 0,00% 41 Vàng A Tu n B n Li n 124,00 9 876,00 1,24% 0,00 400,00 0,00% 168,00 25 832,00 0,65% 42 Vàng A Chiu B n Li n 0,00 15 700,00 0,00% 0,00 400,00 0,00% 0,00 26 000,00 0,00% 43 Lâm Th Oanh B n Li n 0,00 9 000,00 0,00% 0,00 400,00 0,00% 150,00 13 850,00 1,07% 44 Lâm Th So n B n Li n 0,00 7 500,00 0,00% 0,00 400,00 0,00% 0,00 16 000,00 0,00% 45 Vàng A H ng B n Li n 0,00 13 000,00 0,00% 0,00 400,00 0,00% 0,00 24 000,00 0,00% 46 Lâm A oàn B n Li n 0,00 10 500,00 0,00% 0,00 400,00 0,00% 0,00 20 000,00 0,00% 47 Lâm Vn Quy n B n Li n 0,00 21 000,00 0,00% 0,00 400,00 0,00% 705,60 59 294,40 1,18% 48 Lâm Th Máy B n Li n 0,00 6 000,00 0,00% 0,00 400,00 0,00% 0,00 26 000,00 0,00% 49 Vàng A Vinh B n Li n 0,00 18 500,00 0,00% 0,00 400,00 0,00% 72,00 35 928,00 0,20% II 3,5km of transmission alignment 110kv 560,00 227 040,00 0,00 6 250,00 36 800,00 467 700,00 50 Lư Vn Mành Nam Khanh 64,00 11 936,00 0,53% 0,00 450,00 0,00% 3 500,00 38 500,00 8,33% 51 Lư Vn Phong Nam Khanh 0,00 2 100,00 0,00% 0,00 400,00 0,00% 3 200,00 38 800,00 7,62% 52 Lư Vn Sinh Nam Khanh 80,00 14 920,00 0,53% 0,00 400,00 0,00% 2 400,00 39 600,00 5,71% 53 Lù Vn Hào Nam Khanh 20,00 10 480,00 0,19% 0,00 400,00 0,00% 1 250,00 24 750,00 4,81% 54 Total area of acquired land (m2) Agriculture land Residential land Forestry land Order Name of householders Address % of % of % of acquired remain affected acquired remain affected acquired remain affected land land land 54 Phàn Vn Nm Nam Khanh 0,00 19 000,00 0,00% 0,00 400,00 0,00% 3 600,00 64 400,00 5,29% 55 Phàn Vn T nh Nam Khanh 0,00 19 000,00 0,00% 0,00 400,00 0,00% 950,00 47 050,00 1,98% 56 Phàn Vn Toán Nam Khanh 0,00 17 000,00 0,00% 0,00 400,00 0,00% 2 300,00 45 700,00 4,79% 57 Lư Vn B́nh Nam Khanh 96,00 22 904,00 0,42% 0,00 550,00 0,00% 3 200,00 50 800,00 5,93% 58 Phàn Vn Th n Nam Khanh 50,00 11 950,00 0,42% 0,00 400,00 0,00% 2 500,00 59 500,00 4,03% 59 Lư Vn Quang C cL u 50,00 14 450,00 0,34% 0,00 400,00 0,00% 3 400,00 45 600,00 6,94% 60 Lù Vn Th p C cL u 120,00 19 080,00 0,63% 0,00 450,00 0,00% 980,00 61 020,00 1,58% 61 Lư Vn Cng C cL u 40,00 14 260,00 0,28% 0,00 400,00 0,00% 3 500,00 68 500,00 4,86% 62 Lù Vn Linh C cL u 40,00 18 560,00 0,22% 0,00 400,00 0,00% 2 600,00 69 400,00 3,61% 63 Lư Vn Th́n C cL u 0,00 18 000,00 0,00% 0,00 400,00 0,00% 2 300,00 75 700,00 2,95% 64 Lư Vn Giàng C cL u 0,00 13 400,00 0,00% 0,00 400,00 0,00% 1 120,00 36 880,00 2,95% Total 75 303,10 806 896,90 909,00 27 191,00 194 170,50 2 436 570,50 55 Appendix 2: Area of Temporary Affected Lands by Households Area of acquired land (m2) Family's Householder Address Agriculture area of holding Residential Garden members Remain Remain Remain land land land land Bàn Vn Minh Nam Khanh 350.00 24,000.00 23,650.00 0.00 1,000.00 0.00 800.00 ng Vn Nàn Nam Khanh 650.00 10,000.00 9,350.00 0.00 300.00 0.00 200.00 Vàng A C o B n Li n 350.00 21,000.00 20,650.00 0.00 400.00 0.00 350.00 Lâm A Liên B n Li n 550.00 22,000.00 21,450.00 0.00 400.00 0.00 300.00 Vàng A V ng B n Li n 255.50 10,300.00 10,044.50 0.00 400.00 0.00 390.00 56 Appendix 3: Affected Trees and Crops by Households Pal beccaur Apric Cinnam M groun Ord Sinosiderox Pine(tre m ea Tea(m2 Cassav maize Rice Householders Address ot on (tre d nut er ylo (tree) e) (tre sapida ) a (m2) (m2) (m2) (tree) (tree) e) (m2) e) (tree) Main structures and 76 13 163,1 2 I 5655 315 201 1316 170 46 2 542,00 auxiliary 783,00 655,00 3 681,60 Nam 1 Lư Vn C i Khanh 1015 Phàn Vn Nam 2 Di u Khanh 21 Nam 3 Lư Vn Di u Khanh 81 2 649 Nam 4 Lư Vn Hà Khanh 110 89 170 Trng Vn Nam 5 H nh Khanh Nam 6 Lư Th H ng Khanh 140 10 ng Vn Nam 7 Liên Khanh 150 8 Bàn Vn Minh Nam 57 Pal beccaur Apric Cinnam M groun Ord Sinosiderox Pine(tre m ea Tea(m2 Cassav maize Rice Householders Address ot on (tre d nut er ylo (tree) e) (tre sapida ) a (m2) (m2) (m2) (tree) (tree) e) (m2) e) (tree) Khanh Nam 163,1 2 9 ng Vn Nàn Khanh 50 33 10 3 681,60 542,00 Nam 10 Lư Vn Nh ch Khanh Nam 11 Lư Vn Thêm Khanh 66 25 Lù Vn Nam 12 Tr ng Khanh 45 Nam 13 Lư Vn Gèng Khanh 2 128 Nam 14 Lư Vn B n Khanh 24 13 Nam 15 Lư Vn nh Khanh 18 Nam 16 Lư Vn Sn Khanh 77 180 996,00 17 Lâm Th Án B n Li n 168 7 10 1 452,50 58 Pal beccaur Apric Cinnam M groun Ord Sinosiderox Pine(tre m ea Tea(m2 Cassav maize Rice Householders Address ot on (tre d nut er ylo (tree) e) (tre sapida ) a (m2) (m2) (m2) (tree) (tree) e) (m2) e) (tree) Vàng A 18 ng B n Li n 250 19 Vàng A C o B n Li n 2 20 Lâm A Chiu B n Li n 055,50 Vàng A 3 21 Dng B n Li n 13 7 060,00 1 22 Lâm A Dng B n Li n 259,00 1 23 Lâm A H i B n Li n 126,00 1 1 24 Lâm A Hi p B n Li n 30 184,00 500,00 25 Lâm A Hoan B n Li n 128 672,00 Vàng A 2 26 Khuyên B n Li n 170 061,00 6 7 27 Vàng A Lng B n Li n 437 650,00 124,00 59 Pal beccaur Apric Cinnam M groun Ord Sinosiderox Pine(tre m ea Tea(m2 Cassav maize Rice Householders Address ot on (tre d nut er ylo (tree) e) (tre sapida ) a (m2) (m2) (m2) (tree) (tree) e) (m2) e) (tree) 28 Lâm A Liên B n Li n 11 124 480,00 1 29 Lâm A Lu n B n Li n 860,00 8 30 Vàng A Mái B n Li n 335 7 70 100 20 407,50 9 3 31 Vàng A Minh B n Li n 120 92 119 10 2 158,00 975,00 32 Lâm A Ngoan B n Li n 1072 4 500,00 33 Vàng A Vng B n Li n 3 40 1 34 Vàng A V n B n Li n 390,00 2 34 35 Vàng A V n B n Li n 010,00 36 Vàng A V ng B n Li n 26 1000 37 Vàng A Xuân B n Li n 600,00 38 Vàng A M c B n Li n 40 39 Vàng A S B n Li n 130 5,00 60 Pal beccaur Apric Cinnam M groun Ord Sinosiderox Pine(tre m ea Tea(m2 Cassav maize Rice Householders Address ot on (tre d nut er ylo (tree) e) (tre sapida ) a (m2) (m2) (m2) (tree) (tree) e) (m2) e) (tree) 1 Lâm A Xuân 40 B n Li n 056,00 41 Vàng A Tu n B n Li n 15 2 514,00 81 13 163,1 2 3 10655 1315 201 2316 670 46 2 Total 783,00 655,00 3 681,60 902,00 61 Appendix 4. Affected Structures by Households Affected area of house affected area of kitchen Other affected structures Total Order Householders Address (m2) (m2) (m2) (m2) Trng Vn Nam 1 H nh Khanh 46 0 0 46 Nam 2 Lư Vn Hà Khanh 380 0 20 400 Nam 3 Lư Vn Thêm Khanh 380 0 20 400 4 Lâm A Liên B n Li n 63 0 0 63 Total 869 0 40 909 62 Appendix 5: Minute of Consultative Meeting with Communities Participants: a. The World Bank: Ms. Nguyet Anh, Representative of the REDP Project b. Consultant: Mr ­ Tran Quy Suu, consultant of EP and RP Preparation c. Representatives of affected households in the project areas of both Nam Khanh and Ban Lien Communes (list of affected these participants enclosed) d. Facilitator: Mr Le Van Dung, Representative of the Nam Khanh Hydropower Plan PMB Venue: Ban Lien Commune Head Quarter ­ Meeting room Contain of the consultative meeting with the community The project investor presented the follows: - Scope of Nam Khanh small hydropower plant construction: powerhouse capacity 12MW, contributing 35KV to the national power network, annual average capacity of 46.86 million KWh, the construction is a kind of hydropower transmission plant, water is saved for operation. water resources is taken from Nam Phang stream. Dam and the height of the terrains is abused to exploit energy of the stream. Water is taken through head race gallery in the mountain with 2,018 metre length. Main parameters: area of reservoir's surface MNDBT=707 m equal to 0.88 ha, gross storage 239.000m3, rated net head: 170m, full supply level, 707 m, firm powerhouse discharge Qdb85% 1,58m3/s - The project will partly improve traffic system in the area and facilitate people communication and encourage production, exchange. Living standards, therefore, is expected to be increased. - 43 ha of land will be acquired for components of the project including productive land and residential land of residents. The negative impacts is unavoidable problems of any hydropower construction or irrigation works. Compensation and allowance methods were planned by the construction holder and local authorities as mitigating measures. 63 - Impacts on environment: air polluted by soil excavation or traffic problems by materials transpiration, project's component building (the existing roads might be broken), stream water polluted by construction disposals and daily waste of construction staffs, affected the outlook around the construction area...however, these impacts is temporary and negligible. Mitigating measures can be effectively applied as the construction period last for 2 years only at small scale. - The consultant of EMP presented plan of environment monitoring to minimize such negative impacts on environment. Construction activities should obligate to environment requirement, safe construction. The constructor firms are required to use advance equipments to minimize impacts on environment in the construction area. - Opinions of participants: 1. Chairman of the communal People's Committee - Transportation roads should be upgraded - Economic effectiveness should be promoted, and electricity outputs should be increased 2. Affected households - The temporary borrowed land should be returned and land quality should be recovered at the original quality - Having received compensation for permanent acquired land, affected people should be allowed to cultivate on the area if the components of project are not carried out on the land yet. The crops loss wont be compensated if the project take over the land during pre-harvest period. - The project was agreed and supported by the local people.............. - The compensation price as regulations of the government is too low while local people mainly live on agriculture cultivation - The hydropower plant should be named after name of Ban Lien village - The project holder should spray water to reduce suspended sediment particulate and upgrade broken parts of the access roads - 30 traditional tea trees were supposed to be compensated at 2.8 million dong. The compensation pricing unit should be increased as the supposed price is too low compared to the current price. 64 - Mitigating measures should be applied to prevent landslide....................the project holder explained that they have acquired land and created safe corridor to households - Tombs have not been found in the project area - Compensation for trees and crops was calculated but the price is low - 2 million dong of incentive bonus will be paid to households who timely hand over their affected land - The underground water pines do not work as affected by the road construction . Sediment, mud...stuck in the pines - The project holder explained: compensation framework have been made and implemented in compliance with Government regulations, Project holder will help people to repair the pines. - -Tea hill, rice field will be damaged by construction workers - Compensation progress should be promoted to improve people's living standards 3. Communal former secretary of Party Division in term 2005 ­ 2009 - The project is expected to create socio-economic effectiveness. - Dry and sunny weather ­ roads should be frequently water to reduce sediment - Access roads will be broken by trafficking construction materials, the broken parts should be repaired - The project should be supported by local people - Temporarily borrowed land should be recovered with original quality and returned to affected people. 4. Chairman of the communal People's Committee It is a socio-economic effective project, local people will be beneficiary of the project Environment will be impacted by sediment Transportation, roads will be upgrade to facilitate people's communication and improve people's living standards 65 Proposals agreed in the meeting - All participants agreed with Nam Khanh hydropower construction plan, which was presented in the investment planning report. Proposals said in EMP, EP, RP were actively supported - Local authorities committed to coordinate closely with project holder on activities of compensation, and administrative management, impacts on environment, socio-economic so on are minimized . - Project holder committed to implement mitigating measures in EMP to minimize impacts o n environment and livelihood of people in the project area. Project holder will sent responsible officer to handle with relevant problems in case residents express any claim on environment situation during the construction stage of the plant - The meeting ended at... on the day, this minute were agreed by all participants without any additional opinions Verification On behalf of project holder: Song Da 9 joint stock company - Mr : Nguyen Gia Hien - Mr: Phung Huu Tien - Mr : vu Minh Dan - Mr : Vu Dan On behalf of local authorities - Mr : vang A Duong - Mr : Vang A Van - Mr Vang A Su 66 Appendix 6. List of Affected Households Participated in the Consultative Meetings 67 68 Appendix 7. Survey Form of Scope of Impacts SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom ­ Happiness ---------------- Nam Khanh, 4th July 2010 1. Representatives of surveyed households - Mr Tran van Chinh - Mr Lu Van Truong - Mr Phun Van Vinh - Mr Ban Van Tien - Mr Bui Van Minh - Mr Dang Van Tinh - Mr Ly Van Thin 2. Representatives of local authorities - Mr : Phan Van Dan Position: communal vice-chairman of Nam Khanh People's Committee 3. Representative of PMB of Nam Khanh hydropower construction plant - Mr: Nguyen Gia Hien Position: Director - Mr: Vu Minh Dung Position: Technical officer To evaluate the magnitude impacts by Nam Khanh hydropower plant construction on people in the project area, a team of PMB together with local authorities have conducted a survey on impacts of water sources, fish catch to households living in the downstream of the plant. The monitoring team have analysed situations of parts of the stream. Particularly. Operation process: water is increased in the main Dam, then flow to spillway , running through head race gallery and steal alignment to start turbine generator, then the water flow is discharged to the downstream of the plant. The process of increasing water level in the Dam, turbidity is to be settled down and discharged to 69 sand discharge tubes. Water discharged to the downstream from the plant, therefore, is not turbid. Agriculture and production of people living in the downstream are not affected. For fish resources: the area from the upstream upward, the fish resource will not be affected but increase in varieties and amount as the increased water level in the reservoir make the stream more stable The area from the downstream to the powerhouse (nearly 3.4 km) will be affected in dry season due to decreased water level. However, the affection is trivial. The terrains of the area is sloping with small streams plus water from the Dam which help situation to be improved in raining season The following area of the downstream of the Plant, the water resource is recovered equally to the pre-period of the construction, so, aquatic habitat is not effected. Moreover, there is a reservoir of Nam Phang hydropower plant in the downstream area of Nam Khanh hydropower plant, so aquatic habitat and people' income will be hardly affected Outputs of the survey: All households acknowledged impacts on their livelihood. However, the impacts on each households are supposed not serious. And they expected that the project will improve the living standards of local people with more opportunities and benefits. All participants agreed with the project. Representative of local authorities: Vice-chairman Pham Van Dan Representative of PMB of Nam Khanh Hydropower Project Nguyen Van Hien 70 Appendix 8. Project Information Booklet PROJECT MANAGEMENT BOARD OF NAM KHANH HYDROPOWER PLANT PROJECT INFORMATION BOOKLET Question 1: What is Nam Khanh hydropower plant construction? Answer: Nam Khanh hydropower plant construction is planned to be built in the area of Nam Phang stream in Nam Khanh and Ban Lien communes (Bac Ha district, Lao Cai province). The construction includes components of Dam, spill way, reservoir, pressure tubes, power transmission alignment , power house with machine assemblies, power capacity 12 KW. It is expected that the project will start machine assembly 1 in June,2010 and start 3 operators in August, 2010 Question 2: How Nam Khanh hydropower plant construction impacts on land, productive assets, crops and assets of the local households?? Answer: The plant will causes impacts on land of local households and the impacts are categorised in two kinds: temporary impacts and permanently impacts. Land borrowed for construction components is considered as temporary impacts, the area of land borrowed will be returned to households as soon as the construction are completed. Permanent impacts are caused by land acquisition, the area will be covered and not returned to households as the construction completed For temporary impacts: Nam khanh hydropower plant construction impacts on land of 5 households in Nam Khanh and Ban Lien commune. For permanent impacts: the plant will covered area of 64 households in the project area, mainly in Ban Lien commune. Besides impacts on land, Nam Khanh hydropower construction also causes impacts on crops, trees, and assets on land of affected households. however, relocation and resettlement is not required. 71 Question 3: How will productive land impacted by the project be compensated? Answer: Compensation and allowances made on productive land will be implemented as the follows: Compensation paid for temporary affected households: households whose land are temporarily borrowed for project's components will be compensated for pending crops and any damages occurred. The quality of land will be recovered adequate to the pre-period of construction . Compensation payment for permanent impacts: : - The entitled households who are legally cultivating on the affected cultivation land will be compensated for the acquired area at replacement cost. - If the households, individuals are temporary tenants of the affected area, or if the affected area is under the administrative management of the communes, compensation will be paid in cash for the inputs, or for 30% of replacement cost. - Affected households, individuals who are not legally verified to the affected cultivation area will be compensated for the inputs or at 60% of replacement cost. - Households who lost more than 10% of their cultivation will be compensated with equal area. The acquired land will be compensated in cash at replacement cost increase land fund is not available. In addition, each affected household will receive an allowance of 1.5 million dong at least, local authorities will determine if the allowance should be paid higher. Besides, these affected households will be given priorities to participate aid-programs conducted by the Movement, international agencies. Households who lost 10%-50% of their productive land will be have a family member to be assisted in vocational training, 2 family members will be assisted in vocational training increase 50-70% of their productive land lost. All family members will be assisted to join vocational training if 70% or more of their productive land is acquired. 72 Question 4: How compensation and allowance will be paid for affected residential land? Answer: Affected households, individuals whose eligibility of residential land are verifiable will be compensated 100% value for their lost at replacement cost; households, individuals are compensated at 30% value for their lost at replacement cost if their eligibilities are not defined. Question 5: How culture structures, tombs on affected area will be compensated to affected households? Answer: For culture structures and tombs of affected area: compensation will be paid in cash at 100% value of replacement cost for materials and labour. Depreciation or materials collecting are excluded. Compensation for tombs relocation will cover expenditures of digging, relocating, purchasing new places, and relevant expenses implying with local custom. Question 6: How affected crops, trees will be compensated to households? Answer: For affected trees: compensation payment will be paid in cash at current price. Varieties of trees, age, and productive value will be counted for pricing compensation. Removal expenses will be included in compensation payment in case displacement of affected trees are required. Affected crops will be compensated in cash at current price Question 7: How will impacts on rehabilitation, business, productions caused by Nam Khanh hydropower construction be compensated?? Answer: Affected owners will be compensated for their impacted business, damages, and incomes equally to 30% of their average net income of the last 3 years in the interval period, , the average net income will be defined by tax offices. For non-registered enterprises, 500.000 dong will be compensated for one time payment to each household. If affected business man relocate, they will receive relocation allowances and production means. 73 Question 8: Is there any policy of incentive bonus encouraging voluntary households who hand over their affected land timely?? Answer: Yes, 2 million dong will be given to affected households as incentive bonus if they hand over their affected land timely and voluntarily. Higher payment will be determined by local authorities. Question 9: What is "replacement cost"? Answer: "replacement cost" The amount it would cost to replace an asset at current prices. The unforeseen expense will not cover depreciation cost of the affected structure or assets. For instance, replacement cost for an affected area will include current purchase price (in cash) in the local market, and other potential expense (charge of land use certification issue, brokerage charge...) . Question 10: Every members of the affected villages will receive compensation and allowance? Answer: No. households who land, assets, crops, business, factories are impacted by the plan are entitled people for compensation as regulation said. Question 11: What manual or information booklet of Nam Khanh hydropower plant construction should be delivered to local authorities and residents to update people with information of compensation, allowances, regulations? Answer: Local authorities and residents should be provided the 5 following documents: 1. Resettlement framework of compensation, resettlement and rehabilitation recover for affected people by the renewable generation power development plan 2. Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, assistance and resettlement when land is recovered by the state 3. Decree 69/2009/N-CP issued on 18 August, 2009 by the Government on supplementing regulations of Land use 74 planning, land pricing, land acquisition, compensation, allowance, and resettlement 4. Decision 45/Q-UBND, on 25 December, 2009 by the People's Committee of Lao Cai province on compensation, allowances, resettlement n Lao Cai province.(and enclosed appendix of the Decision) 5. Decision 47/2009/Q-UBND on 25 December, 2009 by the People's Committee of Lao Cai province on amending regulations of land rent, land allocation, procedures, transformation of land use purpose, land acquisition and issuing land use certification which presented in Decision 56/2008/Q-UBND dated 29 January, 2008, in Lao Cai Question 12: How will the affected people participate in the activities of compensation, rehabilitation? How will they be consulted about the plan? Answer: The management unit of Nam Khanh hydropower plant construction is responsible for updating local people with information of the project (construction scope, impact magnitude, policy of compensation and allowance, implementation plan of compensation and allowance; grievance redress mechanism), local authorities, leaders of communes and villages, civil social organisations, local people and affected households will participate in process of monitoring, detailed inventory, compensation payment, allowance, grievance redress, evaluation...the Project Management Unit will frequently conduct consultative meeting with authorities of communes, villages, and affected households to discuss and hand out unforeseen problems. Information of impact magnitude on each households, compensation methods, allowances, plans, compensation budget will be disseminated in public at Communal People's Committee, house of village leaders, community house... and other common area. Question 13: How Nam Khanh hydropower plant causes positive impacts (good sites) and negative impacts (bad sites) to residents? 75 Answer: Nam Khanh hydropower plant construction will cause 5 positive impacts and 4 negative impacts to the local communities, particularly: Positive impacts: 1. the operation roads will be upgraded and traffic condition will be more comfortable for residents and pupils (easier transportation, shorter distance to communal central and district central); 2. Some adjacent households to the administration house of PMB are not required to pay for their electricity consumption. 3. More employment opportunities for residents (some people would be sent to be trained as operators, some other would be employed for manual works); 4. PMB and officers are strengthening relationship with residents (meeting with civil social organisations, supporting local movements, contributing materials to some activities such as school building, road construction...) and 5. The hydropower plant construction will create facilitation of communication with neighbour areas. Negative impacts: 1. traditional custom, culture, habits of local people (including Tay people, Nung people and Dao people) will be impacted, social civils will be impacted in .the huge number of construction workers and immigrated people gather in the communities for long time (about 350 workers occupying the area for 24 months); social evils, therefore, are high risks to the community; 2. Machines gathering (about 30 kinds of machines) will impact on traffic, safe transportation of people and their production. Land acquisition impacts on livelihood, production of some households, and 4. the project will cause impacts on activities of fish catch habits of some villages in downstream area of the construction (about 100 households). Question 14: What are mitigating measures Nam Khanh hydropower plant are implementing or suppose to implement to minimize negative impacts and maximise advantages?? Answer: To provide good advantages to the community, PMB of Nam Khanh hydropower plant will frequently carry out activities of maintaining, upgrading the operation roads to provide people with easy transportation. The PMB will also continue and develop 76 relationship with local people as well as support movements and activities of the community. To minimize negative impacts on the community: the PMB of Nam Khanh hydropower construction will provide workers with education, regulation. Construction firms, police of district and communes will coordinate to control potential social evils. PMB of Nam Khanh hydropower construction will coordinate with Women Union of Bac Ha district to plan and conduct promulgation programs of HIV/AIDS, infectious diseases, women trafficking, For now, PMB of Nam Khanh hydropower construction are arranging reasonable areas for gathering machines to minimize impacts on traffic, environment, transportation and production activities of people. Compensation payment implying with framework of renewable generation development project is also considered as an effective mitigation methods. The PMB will continue discussing and consulting with villages where fish catch and livelihood are able to be impacted, to reach agreement of mitigating measurement.. Question 15: Who will the affected households meet and express their grievance of compensation and allowance? Answer: if affected people want to express their grievances, they should follow the below steps: Step 1: - Individual or households disagree with the policy of compensation, rehabilitation, resettlement or any other relevants, they would submit their complaints to the communal chairman of Nam Khanh or Ban Lien in writting or in verbal. The communal chairman will resolve a complaint within a time limit of 15 days In case, the agreement and conciliation are not obtained or the Step 2: affected people don't receive any response within a time limit of 15 days as from the date of receipt of the complaint, the affected people will have right to lodge a further complaint with the DPC of Bac Ha. Where the complaints will be resolved within 30 days from the date of receipt of such grievance. 77 Where a complainant does not receive reply or disagrees with the Step 3: decision on resolution by the DPC within 30 days, they will have right to lodge their further complaints to Lao Cai Provincial People Committee If the complainants are not replied or not satisfied with the answers Step 4: within 30 days sinces the date of complaints receipt, they will have right to made their grievances to the administrative Court of Bac Ha district The complainant can meet up with PMB of Nam Khanh hydropower plant construction to have further information while waiting for reply and resolution from the responsible agencies. The contact number of PMB of Nam Khanh hydropower construction is 020.353.5949. Local people can require legal assistance from NGOs in the local area. 78