SOCIALlST REPUBLIC OF VIETNAM Independence - Freedom -Happiness VOL. 4 RESETTLEMENT PLAN Nam Tang Small Hydropower Subproject Subproject developer: Thanh Binh Co., Ltd. Prepared by: Subproject management board of Nam Tang Hydropower August 2008 SOCIALIST REPUBLIC OF VIETNAM Independence -Freedom -Happiness --------------------------------- RESETTLEMENT PLAN Nam Tang Small Hydropower Subproject Subproject developer: Thanh Binh Co., Ltd. Prepared by: Subproject management board of Nam Tang Hydropower August 2008 Abbreviation DH Displaced Household DHs Displaced Household(sj DP Displaced Person DPs Displaced Person(s) HH Household HHs RP Resettlement Plan RPF Policy Framework for compensation, resettlement and rehabilitation of project affected persons applied for Renewable Energy Development Project WB World Bank MOIT Ministry of Industry and Trade PMB Rural Electrification and Renewable Energy Project Management Boards, Ministry of Industry and Trade RC Resettlement Committee PPC Provincial People Committee PB Participating Bank OP Operational Policy DPC District People Committee CPC Commune People Committee Contents . . Abbrev~at~on ..................................................................................................................... 2 Contents ......................................................................................................................... 3 1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.1.The subproject overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.2. The Key Principles and the Scope of the Resettlement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2. CONSTRUCTION WORKS AND IMPACTS OF THE SUBPROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.1 Construction works of the subproject ..................................................................... 9 2.2.lmpacts of the subproject ...........................................................................................9 2.2.1. Loss of land ........................................................................................................10 2.2.2 Impacts of the structures .......................................................................................II 2.2.3 Impacts on trees and crops .................................................................................. I 1 2.2.4. Impacts on incomes and businesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II 2.2.5. Impacts on public and cultural structure ..............................................................11 2.2.6.Temporary impacts ............................................................................................ 11 2.8. Socio-economic information of project affected households .................................... 12 2.9. Major findings of socio-economic survey .................................................................I 2 Characteristic of investigated households ..................................................................... 12 3. POLICY FOR COMPENSATION FOR LOSS AND ASSISTANCE.................... ... ......... 14 3.1 Compensation and assistance policy for permanent losses................................. 19 3.1.1. Loss of agricultural land .....................................................................................19 3.1.2 Loss of residential land (with or without structures)...........................................19 3.1.4 Severe loss of businesdproductive place and house lease ...............................20 3.2. Compensation and assistance policy for lost trees and crops..................................20 3.2.I. Income and livelihood rehabilitation measures ............................ .......................20 3.2.2. Relocation Bonus and other allowance............................................................... 20 (i) Transport/ShiffingAllowance, temporary house assistance ..................................21 (ii) Allowance to improve livelihood and standard of living ........................................21 (iii) Assistance to arrangement of newjobs and training for change of their production and/or business lines...................................................................................21 3.2.3 Other assistence to improve livelihood and standards of living ...........................21 3.3. Compensation and assistance for temporary losses .............................................. 21 3.4. Requirements on resettlement................................................................................21 4. RESETTLEMENT COSTS AND BUDGET.......................................................................22 4.1. Procedures for compensation............................................................................... 22 4.2. Replacement cost ................................................................................................. 22 4.2.1. Compensation cost for land acquisition ............................................................ 22 4.2.2. Compensation cost for structured fixed assets .................................................... 23 4.3. Allowances and bonus ........................................................................................... 23 4.3 Cost for implementation arrangement............ ................................................. 23 4.4. Total resettlement cost ............................................................................................ 23 5. IMPLEMENTATION PLAN............................................................................................... 24 5.1 Information disclosure ..................... ............................................................... 24 5.2 Consultation and socio-economic census to displaced persons ......................... 24 . . 5.3. Establishment of Resettlement Committee .............................................................25 5.4 Update of compensation cost ............................................................................. 25 5.5 Public Information Dissemination and Consultation to Displaced Person................25 5.6 Compensation procedures and implementation of other entitlement to displaced persons .........................................................................................................................26 5.7 Approval for Resettlement Plan ..................................................................... 26 5.8 Update of compensation cost and implementation of compensation and assistance activities for the remaining areas of subproject..............................................26 5.2.3 Internal mornitoring.......................................................................................... 27 5.2.4 External Monitoring.........................................................................................27 5.2.5 Grievances and Redress................................................................................. 28 Appendixes .......................................................................................................................... 30 List of Tables and figures Table 1. Sumnlary of resettlement impact ...............................................................................5 Table 2. ~Majosparameters of the Subproject ............................................................................. 7 Table 3. Investment items ..........................................................................................................8 Table 4. Construction works ...................................................................................................... 9 Table 5. Affected land type (unit: m2)..................................................................................... 10 Table 6.Inventory of acquired land ......................................................................................... 10 . Table 7. Impacts to income from agriculture ..........................................................................1 1 Table 5.No. of project affected households and no. of samples ............................................. 12 Table 9. Sex ratio in the surveyed population (%)...................................................................13 - Table 10. Education level of displaced persons (%j ................................................................. 13 Table 11. Monthly average income (%)................................................................................... 13 TabIe 12. Entitlement matrix ................................................................................................... 14 Table 13. Estimated Resettlement Cost ................................................................................... 23 Figure 1 .................................................................................................................................... 28 EXECUTIVE SUMMARY The I Nam Tang hydropower Subproject is executed in Nam Tang stream of Lang Nhi commune, Tram Tau district. Yen Bail province. It is 95 kilometers far from the Northwest of Bac Giang province and 10 kilometers far froin the West of Nghia Lo provincial town. The Narn Tang hydropower Subproject is located in an area with most of creepers and bushes. This subproject was prepared for site clearance in 2007. However, the Thanh Binh Co. L.td seeks to borrow the loan from the World Bank through a Participating Bank to continue this subproject. Since, the screening showed that there is a land acquisition. therefore it is - necessary to trigger the OP 4.12 on "Involuntary Resettlement" of World Bank for this subproject. This RP will describe the activities which the subproject developer has to do additionally after approving the RP to ensure that all activities can meet ihe requirements of the World Bank safeguard policy on "Involuntary Resettlement" in general and in accordance with RPF of REDP project in particular. The development of Nam Tang hydropower subproject will causes impacts on land acquisition. 145,693.3m2 of land will be acquired for construction works, in which. mainly uncultivated land : 124,702.8m2, that is under administration of Lang Nhi CPC, one-crop rice field makes up 5,431m2 and 15,559.5m2 of vegetable land (maize, cassava). There are no structures in this area. There are 19 displaced households with 105 DPs, but there is no HH have to relocate. All of them are living at Trung Lieng villages. There are 5 HHs considered severely affected (they lose over 10% of total their land). There is not any HH which impact on residential land and structures. Some HHs are impacted on trees and crops. The 5 displaced households are likely to decrease income mainly due to some loss of agriculture land over lo%, however there is no HH to decrease income due to loss of place of business. Table I.Summary of resettlement impact Loss less than Loss equal and over Total 10% of total 10% of total Relocated DPs 0 0 0 Non-relocated DPs 5 14 19 --rl Total 5 14 J The displaced households, especially the households lost cultivating land, were interviewed and consulted. The public consultations were held with participation of displaced persons at each proposed area of subproject. The consultant conducted consultations to displaced persons in some places. The contents of consultations emphasize some following points: - Mode of compensation (by cash, other etc..) - Compensation cost (for lost lands, crops and structures/construction) - Income rehabilitation measures (stabilization of production1 business line) - Other allowances to satisfy the displaced persons' expectation or requirement All investigated households agree with objectives of the subproject and are fully aware of the benefits and impacts brought to the society in general and inhabitants living in the area of subproject in particular. Basing on the results of census and inventory, each type of loss and object to be affected was identified and described in details. The policy for conlpensation and assistance is prepared in accordance with the RPF approved by Government of Vietnam and the World Bank. The - resettlement cost is estimated by VND 467,250,750. 1. INTRODUCTION 1.1. The subproiect overview The I Nan1 Tang hydropower Subproject is executed in Nam Tang stream of Lang Nhi commune, Tram Tau district, Yen Ban province. It is 95 kilometers far from the Northwest of Bac Giang pro\:ince and 10 kilonleters far fi-omthe West of Nghia Lo provincial town. The ham Tang hydropower Subproject is located in an area with most of creepers and bushes. Nam Tang project has a position within Eastern longitude of 104~30'20"and Norther11 latitude of 22O30'48". Nam Tang hydropower plant is built to generate with an installed capacity (Nlc = 6.5MW), average output (Eo = 23.55 . 10"wh) supplied to the national grid in Thach Luong, Van Chan district, Yen Bai. The Nam Tang hydropower Subproject with an installed capacity of 6,6MW includes two stages: Stage 1 (inclusive of construction expenditure) with total investment of around VND 97 billion and Stage 2 ( equipment cost) with total investment of about VND 25 billion. The main targets of the Subproject consist of Integrating into the national grid with the annual average output( Eo = 23,55.106 kwh), which partially contributes to the power supply for the socio-economic development of the locality. ,4nd the main work items are: Spillway, water inlet, channel, surge tank, Penstocks, the power house. The water from the weir flows through the channel to the surge tank and then through the penstocks to the plant and finally runs to the stream. Table 2. Major parameters of the Subproject d No. ] Factor --- Unit Quantity I Topographic water head m - --- -- -- - 2 Maximum calculated water head Hmax m 78.19 - 3 calculated water head Htt m 68.39 -- 4 Minimum calculated water head Hmin m 68.32 5 Guaranteed flow QOb = 85% m3/s 0.88 .- - 6 Designed flow Qtk m3/s 7.5 - 7 Guaranteed capacity with P = 85% MW 0.66 8 Installed capacity Nlm MW 4.89 1 1 1 9 Many-year average output Eo 106kwh 23.019 10 Numbers of hours exploiting the Honr 4707 , installed capacity h - This subproject was prepared for site clearance in late of 2007. However, the in 2008 Thanh Binh Co. Ltd seeks to borrow the loan from the World Bank through a Participating Bank for investment for this subproject. Since, the screening showed that there is a involuntary land acquisition, therefore, it is necessary to trigger the OP 4.12 on "Involuntary Resettlement" of World Bank for this subproject. This RP will describe the activities which the subproject developer has to do additionally after approving the RP to ensure that all activities meet the requirements of the World Bank safeguard policy on "Involuntary Resettlement" in general and in accordance with RPF of REDP project in particular. Table 3. Investment items Unit: thousand VND - I pp~ lnvestment level (Vnd) 20,609,531 1 ! Water i channel and Service road %%OX and surge tank -- - 101839,995 Power house 31,213,402 , I- --t 19Kv-------- Power line Total investment 1.2. The Key Principles and the Scope of the Resettlement Plan 1 2 . 1 The Key Principles of the RP This RP complies with Resettlement Policy Framework of Renewable Energy Development Project which in turn complies with World Bank OP 4.12 on "Involuntary Resettlement". Therefore, this RP is applied the following key principles: (a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. (b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and .implementingresettlement programs. (c) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher Having based on principles of the World Bank policy OPIBP 4.12 Involuntary Resettlemen(, many design options were reviewed in order to seek an appropriate option and to mitigate potential impacts in lieu of land acquisition and assets. Finally, a new design option is worked out and proposed to mitigate potential impacts to the extent possible. 1.2.2. The Scope of the Resettlement Plan Although large scale displacement of population is not envisaged but the deployment of Nam Tang hydro power subproject are likely to cause adverse impacts in terms of loss of - agricultural and tree crop land land and sources of income of some households residing in the area. Additionally, there are likely to be some adverse impacts during the construction phase -. of such project. To address such adverse impacts, the Resettlement Plan (RP) which is . prepared by Project Management Board of Thanh Binh company, shows its impacts during the construction phase and proposes mitigation measures in compliance with Vietnamese laws, the World Bank's policy OP 4.12 Involuntary Resettlement, and the Policy Framework for compensation, resettlement and rehabilitation of project affected persons applied for Renewable Energy Development Project (RPF). This RP consists of 4 parts: Part I - Construction works and Impacts of the subproject -- Part I1-Policy of Compensation and Assistance Part 111- Resettlement Cost and Budget Part IV - Implementation Plan 2. CONSTRUCTION WORKS AND IMPACTS OF THE SUBPROJECT 2.1 Construction works of the subproject Table 4. Construction works Construction worlts (million acquired land KVD)* - -- -_-A 1 Nodal dam -- - L _ - h G 0 ~ ~ 2 1 Uncultivated hilly land, I I I there are only grass and I ----I wood of low quality , I growing naturally Water 431m2 of one-crop rice channel and field, 15,559.5m2 of service road terrace field and mountain field of rice, maize, and 73,OlOm2 of uncultivated hilly land; there are only grass and wood of low quality growing naturally I Penstock and grass and surge tank wood of low quality growing - natural Iy Powerhouse Uncultivated hilly land, 1 there are only grass and 1 1 1 wood of low quality growing naturally 35kV line The power towers are I I constructed on service 1 roads; thus, there is no acquisition of the I I residents' land and I assets Total 145,693.3 m2 Note (*) is exclusive of contingency and P'A T 2.2.Impacts of the subproiect Nam Tang hydropower subproject is constructed on the mountainous and dispersedly populated area. The population density of Lang Nhi commune is only 12 persons per square kilometer, while this figure of Tram Tau district and of entire Vietnam are 31 and 227 persons per square respectively. This is a highly mountainous area, therefore the population there live much sparsely. As the result, the involuntary land taking does not have significant impact as it is in low land or in the city. 2.2.1. Loss of land The development of Yam Tang hydropower project causes main impacts 011 losing parts of the land due to accluisition. 145,693.3m2of land will be acquired for construction works. in which 124,702.8m2is uncultivated hilly land that is under administration of Lang &hi CPC . 5,431m2is one-crop paddy-field land, and 15,559.5m2is vegetable land. There is no affected structure in the subproject site. Details for each type of acquired land are as bellows: Table 5. Affected land type (unit: m2) Affected area d Uncultivated hilly land 124.702.8 5,431 15,559.5 145,693.3 - . There is no residential land to be impacted. Since the maginitude of the impact is relatively small, therefore all displaced persons agree with the mode of compensation in cash for the losses with some additional assistance that provided in the RPF of REDP. There is no household having to be relocated among the 19 displaced ethnic minority households with 105 DPs. No households in that area has land use right certificates for the affected land. The acquisition of land shall cause no significant impacts to the 19 project affected households. Among 19 project affected households, no one has to relocate. All DPs of subproject live in Trong Tau village, Lang Nhi commune, Tram Tau district, Yen Bai province. Table 6. Inventory of acquired land ----I - Land type (m2) Paddy -field I Vegetable I ~ n c u l t i v a t e d Total (m2) land hilly land Nodal dam 0 30,000 30,000 Water channel + 5,431 15,559.5 57,702.8 78,693.3 +Loss of agricultural land A part of affected land of 19 households is agricultural land and terrace (total areas of affected agricultural land and terrace are alternatively 5,43 11112 and 15,559.5m2). The remaining affected land area is uncultivated hilly land. Most of this land area is changed from waste land into cultivated land by households in Lang Nhi commune (the land managed by the communal People's Committee has not been assigned to any households). 19 households shall be affected by acquisition of agricultural land. Most of the persons here plant rice. maize, cassava on this agricultural land. Income of such project affected households is mainly from agricultural production. There are 5 HHs having more than 10% of their agricultural land area to be aquired. And the whole this affected land area belongs to the state and has not been assigned to any households. +Loss of residential and public land Of 19 project affected households, no households have their residential land to be affected. The construction of items set forth in the subproject will not produce impact on the public land. 2.2.2 Impacts of the structures There is no household will be impacted on their structures. And there is no structure of the community impact as well. 2.2.3 Impacts on trees and crops 19 households are impacted in trees and crops, most of whom are in Trong Tau village. Among 19 those project affected households, most of them have paddy field land and terrace field of maize and cassava. The remaining area is of wood with low quality. However, all these households shall have enough time to harvest the crops on that land. 2.2.4. Impacts on incomes and businesses - + Thepotential decrease of incomefrom tlze agriculture The 19 displaced households are likely to decrease income mainly due to some loss of agriculture land.. There is 5 displaced household losing more than 10% of agriculture land and 5 displaced household decrease over 10% of income due to the acquisition of agriculture land. Table 7. Impacts to income from agriculture - Sub-item No. of household No. of household No. of households affected by loss lost more than 10% decrease over 10% of cultivating of agricultural of their income by land 1and acquisition of agricultural land Nodal dam 0 0 0 Water channel and 19 5 5 service road -- Power house 0 0 0 Total 19 5 5 + Thepotential decrease of incomefrom loss of businessplace - - No household uses their area of residential land to do business (shop). So, there is no impact to the inhabitants in the subproject site in this regard. - 2.2.5. Impacts on public and cultural structure - There is no public and cultural structure in the subproject site. So no impact to the inhabitants in the subproject site in this regard.. 2.2.6.Tempora1-y impacts During the construction process, there are temporary impacts to some land areas due to skimming, bulldozing earth, soil spilling over the negative slope; compensation shall be made to such temporary impacts as regulated and the land shall be given back to the persons after the work has been completed. 2.8. Socio-economic information of proiect affected households Socio-economic surveys in project area have been conducted by the officers of Thanh Binh Ltd. in early June 2008 with active assistance of the Lang Nhi cominullal People's Committee, management Board, and local authorities. In 320 people living in Trong Tau village. there are 105 DPs. Socio-economic surveys have been conducted in all areas belonging to the pro-ject. Social experts have interviewed and consulted ideas of project affected households, especially they lose their cultivating land. Public consultation has been held with participation of project affected households'in each proposed area. In some places. the officers have held more than one Public consultation. The contents of consultations emphasize some following points: - h4ode of coinpensation (by cash. other etc..) - Compensation cost (for lost lands, crops and structures/construction) - Income rehabilitation measures (stabilization of production/ business line) - Other allowances to satisfy the displaced persons' expectation or requirement. Besides, the social group also interviewed the local authorities of all levels to comprehend the opinions of committees and organizations on possible impacts of the project more clearly. In addition, the social group also mobilized the assistance of officials in all communes which had affected persons in determining impacts to each household, checking accurate address of project affected households, as well as basic information of these households. Surveys were carried out at the same time with face to face interviews; surveying notes were given in case some households were absent. All filled-in notes would be certified and stamped by the head of the village and the communal People's committee, with signature of representative of each household to prove that they agreed with the information about the affected assets. In some cases, the communal People's committee held community meetings to facilitate collecting information of project affected households. Socio-economic survey is represented in Appendix. 2.9. Maior findings of socio-economic survey Representatives from each of 19 displaced households have been investigated with corresponding surveyed structure presented in the following table: 71 Table 8. No. of project affected households and no. of samples - Total number Total No. of . - of project number households Sub-item surveyed affected of DPs having to households households immigrate - -- Nodal dam 0 - 0 0 Water channel and 19 - 0 105 service road Power house 0 - 0 0 Total 19 - 0 105 -- -- Characteristic of investigated houselzolds Size of households Average size of households in the project area: According to the surveying results, there are 105 persons in 19 households; among which, 2 of households have HH size is three persons ; 11 of households have HH size is 4-6 persons ; 6 households have HH size is more than 6 persons. Households-subject of social policies No one froin displaced households is under the preferential treatment policies (war invalid, revolutionary martyr. war veteran, family of the disable), and 8 poor household (according to the poverty standard of Ministry of Labor. War Invalids and Social Affairs). Sex structure The proportion of male in surveyed household is 55.24 %, and that of female is 44.7'6%. The proportion of males is relatively high comparing to situation in other area. Table 9. Sex ratio in the surveyed population (%) Sub-item Male Female A DPs in Trong Tau village 55.24 44.76 100.0 -- -- Total 55.24 44.76 100.0 -- -- - Education level Education in surveyed households is represented in following table. According to the surveying data, 15 % of persons in the surveying area have education of primary school or lower. The rate is alternatively 7% and 3 % for Secondary school and High school. No people in the surveying area have Education of college or university. Table 10. Education level of displaced persons (Oh) -- No. Under Primary Secondary High school CollegeRJ Total Sub-item primary education education niversity - /--- education --- 1 Trong Tau 65 15 7 3 0 100 village -- - Total 65 15 7 3 0 100 -- Occupation According to the surveying statistics, the highest rate of occupation of surveyed persons is agricultural production (100%). Income of households Monthly average income of surveye,d households is 0.8 million dong, equivalent to 160 per person per month. The rate of poor households with income of lower than 200.000 dong per month (according to the poverty line of Ministry of Labor, War Invalids and Social Affairs for rural area) is 42.1 1%. 1 Table 11. Monthly average income ('10) Area 1 Income <200 200 -~ O O ~ ~ ~ [ T O G - ! (thousand dongs) Trong Tau village i- Total 57.89 1 - Opinions of subproject affected persons All surveyed households showed strong agreement and support to the objectives of the project. They are all aware of the benefits as well as i~npactscaused by the project to the - society in general and the residents in the project area in particular. However, the displaced persons require to be compensated appropriately for the loss land and assets in order to improve their livelihood and living standard. 3. POLICY FOR COMPENSATION FOR LOSS AND ASSISTANCE Basing on the results of census and inventory, each type of loss and object to be affected was identified and described in the following sessions. The policy for con~pensationand assistance is prepared in accordance with the RPF approved by Government of Vietnam and the World Bank. The summary of entitlement for different types of losses is provided in the Entitlement Matrix. Table 12. Entitlement matrix TYPE OF IMPLEMENTATION COMPENSATION POLICY LOSS ISSUES - Permanent If the viability of the loss of arable 10% of total legalizable rights (i) Cash compensation for acquired remaining land is less land land holding to use the land at 100% of replacement cost. than the minimum lost. Marginal affected land. viable economic unit, (19 HHs) impact on then the entire piece of household land would be acquired income and Land Users With ( i ) Cash compensation for and the DP would fall living Temporary or land equivalent to remained under the next standards. Leased Rights to investment put on the land; or equal category. public/communal to 30% of its replacement cost, Land User without (i) In lieu of compensation In case the DP casually legal or cash equivalent to the remained utilize the public land legalizable rights value of the input put on the land, or for growing cropsltrees, to use land at 60% of land replacement cost. which is subjecting acqu~sitionby the project, then shehe will not be colnpensated for land, but will be compensated for crops and trees at market priceslreplacement --- 7 DEFINITION TYPE OF IMPLEMENTATION COMPENSATION POLICY No LOSS A \ T V I A ISSUES PERSON I More than User with legal or (a) - As priority. con~pensation"land Rehabilitation 10% of HH's legalixable rights for land" equivalent productive 1assistance will be total land to use the capacity at a location acceptable to applied in case the holding lost. affected land the DP. g,if requested, or "land for "land for land" option land" is not available, cash is not feasible. (5flfls) I compensation for the lost land at The type of training 100% of replacement cost. AND assistance will depend Severe impact (b) A rehabilitation assistance upon the need and on household including training assistance priority of the DP and income and amounting to a minimum of VND will be designed in living 1.5 million per household and to a consultatio~lwith the standards. 1 maximum amount as approved by DP. the provincial authorities to develop If the viability of the alternative sources of income. remaining land is less Additionally, the DP will be given than the minimum priority to participate in other local viable economic unit, development programs funded by the then the entire piece of government of international land would be organizations. acquired. Land Users with (i) Cash compensation for the lost If the value of Temporary or area cqual to its 30% replacement remained investment Leased Rights to cost; OR, put by DP on the public/communal (ii) Cash co~npensationfor the affected land is higher land income lost from the acquired land than 30% of the land for the remained in land leased replacement cost, the contract duration PMU and RCs will revise and adjust adequately by case. Illegal land users (i) In lieu of compensation for land, In case the DP casually . (5Hs) the DP will receive assistance utilize the public land equivalent to 60% of replacement for growing cropsltrees, cost. which is subject to (ii) Additionally, poor and acquisition by the vulnerable DPs, including landless, project, then shelhe severely affected farmers, landless will not be farmers will receive rehabilitation compensated for land, assistances including (i) a but will be subsistence assistance equivalent to compensated for crops market value of 30 kg of rice/ and trees at market person1 month for 3 months and (ii) a pr~ceslreplacernent training assistance not less than 1,500,000 VNDIHH to ensure the DP are able at least to restore or improve their income levels and living standards. Land User of the Cash compensation for land at acquired affected land. (i) 100% of replacement cost of the without land acquired to the legalllegalizable structures users; built therein. (ii) 30% of replacement cost of the Marginal land acquired to the users with impact temporary use rights; -- 1 I TYPEOF IMPLEMENTATION COMPENSATION POLICY No ( LOSS ISSUES 1 U I Y II -- PERSON - ..----- Land Relocating DP (a) 'rhe provision of replacement At the time of 1 acqiiired ~ c i t h residential land of equivalent size at a compens:rtion, structures Rcsettlernent Site with full allowances will be built thereon , infrastructure or at a location adjusted ro account for acceptable to the DP plus an amount inflation. ! in cash, as regulated by local PPC, to develop basic infrastructure , including access road, access to electricity. to water supply, drainage etc.,with full land title without any cost: OR. If there no land available for "land for land" compensation, then: (b) Cash compensation for entire residential land at full replacement cost plus relocation assistance in cash to develop basic infrastructure. Poor or vulnerable DPs who are not entitled to compensation and do not have alternative residential land/house for self relocation, will receive (i) a residential plot of standard minimal size at a common Resettlement Site or at an individual resettlement site, with full titled to the land plus a cash assistance to develop basic infrastructure. In case replacement land is not available, the DP will receive an assistance amount of not less than 10,000,000 VNDkIH for self relocation; OR an amount equal to 30% of land replacement cost for them to rearrange relocation by -- --themselves. Houseslstruct Owners of (i) Compensation in cash for all The calculation of rates 1ures located affected affected structures will be provided will be based on the I . , In the project structures. at 100% of the replacement cost for actual affected area and 1recovered materials and labour without not the useable area. area. deductions for depreciation or salvaged building materral - Graves Owners of The level of compensation for the For ownerless affected located in the graves. removal of graves will be for all graves, compensation affected costs of excavation, relocation, will be given to local areas. reburial, purchasing/obtaining land PC to relocate them to for relocation and other related costs. new site Compensation in cash will be paid to each affected family. Other attached structures which are not of main part of graves will be compensated in accordance of their loss -- Crops Owners of DPs are entitled to compensation f o r DP will be given notice standing affected. affected crops affected crops in cash at market several months in crops andI- ( 1 1 value. advance regarding +- 1 DEFINITION TYPE O F mPLEMENTATmN ) COMPENSATION POLICY ISSUES I -- -- -- trees Owners of DPs are entitled to compensation ~n evacuatron. Crops (19 HHs) I affected. I affected trees. / cash at market value on the basis of grown after issuance of 1 1 1 / type, age. and productive value. If the deadline will not be i +-- 1 1 1 affected trees are re~novable.the compensated. 1 I compensation will be equal the 1 I/ transportation cost plus actual loss. Loss of Owner of the 1 i) Compensation for loss of income DP will be given income and income and affected during the transition period. priority for business business1 business!otlie businesslother equivalent to 30% of the annual net relocation along productive Ir productive I productive assets. 1 income average for the last 3 years. highway. community assets assets recognized by a tax agency roads and along canals (0 HHs) ii) A cash assistance amount of value near the bridges or 500,000 VND per business HH for footbridges in order to the loss of income to the affected but maximize their benefit un-registered business DP from business 1 I I iii) compensation for structure at full opportunities. 1 1 I replacement cost. No deduction shall At the time of I 1 I be made for depreciation or compensation, salvageable materials. allowances will be iv) If DP has to remove to new site, adjusted to account for I I I provision of alternative business site inflation. of equal size and accessibility to customers, satisfactory to the DP, or, in cash for business affected area at replacement cost, plus transportation allowance to remove movable attached assets to a new site, and special business assistance. 6 ~ e r n ~ o r a rTemporary r Users of affected (i) Compensation for loss of net If the quality of 1and impact loss of arable land income for the period of impact due will be radically I I during to construction, AND changed when return to construction land (iii) Restoration of land to its DP, requiring DP to I 1 Iprevious or better quality by change in the types of I 1 1providing measures to improve land land use, then DP quality in cases of land being should be compensated adversely affected or acidified for all envisaged cost -- - of losses - Te~nporary for affected assets loss of at replacement cost residential (ii) restoration of land to former land --- I conditions Damages by Owner or person I (i) The contractor will be required to contractors to with use rights pay compensation immediately to private or affected families, groups, public communities or government structures or agencies. land (ii) Damaged property will be I I I restored immediately to its former I I_ condition. D E F I N I T I O ~ TYPE OF APPLICA? IMPLEMENTATIOh OF ENTITLEI COMPENSATION POLICY LOSS ON ISSUES PERSON Loss of Community ~ i l l z ehamlet, , (i) Restoration of affected If income loss is community buildings, Government community buildings and structures expected (e.g. assets structures, Unit. to at least previous condition, or irrigation, community (OHHs) community (ii) Replacement in areas identified forest, community forestigrazin in consultation with affected grazing land), the ior other Ian1 communities and relevarit village is entitled to irrigation authorities, or compensation for the systems (iii) The compensation will be total production loss affected by provided at replacement cost without this co~npensation temporary 01 depreciation but includes deduction of should be used permanent salvage materials collecti~elyfor income land restoration measures acquisition andlor new -- infrastructure. Allo wnnces ~aterials- Relocating DP A transportation allowance not to ,4t the time of transport (OHHs) exceed 3,000,000 per HH as regulated compensation, allowance. by respective local policy, if DP allowances will be relocate to a new site within the adjusted to account for citylprovince; and is not to exceed inflation. 5,000,000 VND per HH if they relocate to another province. Subsistence Relocating DP A subsistence allowance equivalent to allowance and DP who ha\ the market value of 30 kg of to rebuild main riceipersonlmonth for 3 months if DP house on their have to rebuild house on their remaining land I remaining land and for 6 months if HH) DP have to relocate to new site; --- - Self Self relocating (i) If the DP are entitled for relocation DP (0 HH) relocation measures, but they opt for assistance self relocation by themselves, they will be given a relocation assistance as regulated by local authorities to develop basic infrastructure in new site. (ii) In case the relocating DP are of poor or vulnerable group and have to remove, but are without conditions for compensation for land and housing, then the project will provide with assistance of not less than 10,000,000 VNDiland userlhouse owner, to ensure that they could afford to relocate to a new site. 1 DEFINITION 1 i TYPE O F A P P L l C T l IMPLEMENTATION OF ENTITLED COMPENSATIOY POLICY 0N 4 ISSUES PERSON I I ---I - - - -- ~ C O Z Rehabilitation Severely affected People losing more than I Oo4 of form ot I assistance farmers who have agricultural land will be provided assistance will be I lost more than with / intensively consulted 1 ! 1046 of their ( i )Subsistence assistance equivalent with the farmers to agricultural land to market value of 30 kg of rice meet their actual needs, and receiving /personl~nonthfor 6"' months ~fthe ass~stingthem able to compensation in DP do not have to ~selocateto new I, restore or improve the~r cash (5 HHs) place, and earning capacity and for 6 months if DP have to be Income relocate, and I (ii) A training assistance: for I labor ~fDP lose from 10% to 50°/0 of their land holding; 2 labors if DP lose from 50% to 70%; for all HH's labors if DP lose more than 70% (iii) Assistance to arrangement of new jobs and training for change of their production andlor business lines if DP lose the agriculture land (iv) In addition to the compensation and assistance entitlement presented above, in 2007, Thanh Binh company gave the commune I 1 boarding - school support of winter 1 I coats and comforters with amount of I 1 VND 50 millions. ---- Relocated DP Relocated DP who are currently assistance who are currently receiving social assistance from receiving social national or provincial governments assistance (0 are entitled to additional social HHs) assistance from 1,000,000 VNDIHH to 5,000,000 VND/HH as provided by respective local regulations --- DP who timely A bonus of minimum of 2.0 million 1 hand the affected VND up to a maximum amount as land to the determined by provincial authorities. project voluntarily - . 3.1 Compensation and assistance policy for permanent losses 3.1.1. Loss of agricultural land All of 19 displaced households lost their agricultural land. No households have certificate of land ownership for the lost agricultural land area. The agricultural land areas of the households reclaimed uncultivated land on their own. All these households want to be compensated in cash. Among the displaced households, there are only 5 DHs lost more than 10% of their total agricultural land . Beside the compensation money for the land and changing in occupation, they will receive some other assistance. 3.1.2 Loss of'residential land (with or without structures) The policy is applied for residential land owner with or without structure in the subproject site. But, no household is under this impact category and no household lost any land and structure. Therefore, this policy will not be used. 3.1.3 Lo.v.s of Strzrcture.~C I M ~ other. Fixed .il.s.r.ets No household is classified into this iillpact category in sub-project frarnehork. Therefore. this policy will not be used. 3.1.4 Severe loss o f husine.~s/yroducrive pluce and house lease No household is affected to their business/ productive place and house lease. Therefore, this policy will not be used. a c o n ~ p e n s a t i o nand assistance policy for lost trees and crops The plants and crops of 19 households are affected. All these households shall be - compensated with cash for the affected crops and plants according to current prices issued by the Yen Bai Provincial People's Committee. Project affected households who are planting vegetables on the land shall have enough time to harvest the crops. 3.2.1. Inconze and livelihood rehabilitation nleasures The objective of income and livelihood rehabilitation measures for the displaced - households is to ensure that adversely affected displaced households will be assisted to improve or at least maintain their pre-project living standards, income earning capacity and production levels. They will receive a compensation for loss of income and assets equivalent to level of loss. Furthermore, additional assistance upon types and levels of impact will be provided to the displaced households. According to socio-economic survey of the project affected households, this is an ethnic area in high mountains. The major incomes sources of the people there are rice and corn cultivation and animal breeding. No households that have structure to be affected. No households have to relocate and no one has to move out of their current working places. Thus, the subproject site has induced no significant impacts to income of DPs, because the project does not acquire the concentrated land but has a linear resettlement impact. As a result, the residents can move their cultivating land to the outside of the construction site with assistance of the subproject developer with money and machines to cultivate new fields for the residents. These households shall also receive a compensation to rehabilitate their living at replacement cost. There are 5 households have more than 10% of their agricultural land to be affected; thus, these DHs will receive additional assistance according to RPF to improve their livelihood and income rehabilitation. Additionally, in PRF, people losing more than 10% of agricultural land will be provided with subsistence assistance equivalent to market value of 30 kg of rice lpersodmonth for 3 months if the DP do not have to relocate to new place, however, to - . encourage the DPs, this subproject developer will assist these HHs equivalent to market value of 30 kg of rice lpersodmonth for 6 months to guarantee the income of HEis and increase the . . productivity of the existing land. 3.2.2. Relocation Bonus and other allowance Besides compensating for lost assets and assisting to rehabilitate income of heavily project affected households. there shall be other policies of assistance and bonus, which are represented clearly below: In addition to the compensation entitlements for the losses stated above, the DHs will be entitled to additional assistance and relocation bonus as below: (i) Trunsportl/ShijtingAllowance, tenzporury house ~r.ssistance No household is displaced in sub-project scale. As a result, policy for transport1 shifting allowance and temporary house assistance will not be prepared. (ii) .4lloi~unceto inzprove lrvelihood und rtu~~durdli19ing i?f The assistance to improve livelihood and standard of living as stipulated by the PPC of Yen Bai will be applied "anyperson or persorzs, hou.seho1d.s to be lost nzore than 30% of totul urea of agricultural landholding and remaining land is still a viable econorlzic holding, subsistence ullo~lanceof VND 400,000 per person nzay be provided to the DP(s)iDH(s)". subsistence ullo~~anceof VND 400,000per person nzay be provided to the DP(s)/DH(s) ". But according to RPF: "People losing more than 10% ofagriculturul Iund willhe provided ~7itl1subsis/ence ussisrunce eqlrivulenl to murket vulue of 30 kg qf'rice /persodmonthjol* 3 nzonths zf'the DP do not have to relocate to new pluce. und,fbr 6 months ifDP have to be relocate". - (iii) Assistance to arrangement of newjobs crnd trainingfor change of their production andlor business lines The Nam Tang hydro power subproject management unit will encourage contractors in recruiting DPs for unskilled positions in the construction phase such as manual worker, watchman. 3.2.3 Other assistence to improve livelihood and standards of living Besides the activities of compensating/assisting represented above, the subproject also provides assistance to persons in affected area as follows: In 2006 Thanh Binh Co., Ltd. invested in opening a new route of over 3.5km long with total value of 5 billion VND; this route saves the traveling of project affected persons. In 2006, Thanh Binh Co., Ltd. also assisted the provincial People's Committee in opening the road to Lang Nhi Communal People's Committee. This road serves the traveling of persons to the communal people's committee and to other villages in the commune. During the implementation of project: - ~ s s i s t i nto~open the road to Trong Tau Village, using excavators to open a route of 3 krn. - Building the village's cultural house with expense of about 50 million dongs in Trong Tau village - . Co-operating with the Communal People's Committee to invite agricultural promotion officials to hold meetings to provide knowledge of animal and domestic fowls, supplying breeding animals to the persons. 3.3. Compensation and assistance for temporaw losses In the unlikely event that loss is temporarily taken by the works under the project, DPs will be compensated for their loss of income, standing crops and trees in accordance with the RPF. All DHs will receive a cash compensation equal to lost assets. 3.4. Requirements on resettlement. Of 19 households being affected by the subproject, no households have to relocate; so the policy for compensation and assistance of relocated households will not be prepared. 4. RESETTLEMENT COSTS AND BUDGET All costs associated with compensation, site clearance would be a part of capital cost. The estimated cost will be established by eiltitleinents for different types of losses presented in the Entitlement Matrix. All cost will be covered by the subpro-ject developer (Thanh Binh Co., Ltd). - 4.1. Procedures for compensation The compensation in lieu of land acquisition, assistances and resettlement cost will be covered by subproject developer. The resettlement committee of Tram Tau district on be half of Thanh Binh Company will make payment of compensation cost and assist directly to the - displaced households. SReplacement cost In the subproject site there is no transaction on land. It could be explained that the subproject is located in a large and high mountaineous area. As a result, the market price of land use in that area is difficult to define. However, we can indirectly use the commodity-land exchanges in similar area to estimate the land price in project area. The land which the local residents are cultivating is mainly reclaimed by themselves. The reclaimed land is often used to cultivate for shifting cultivation. After several crops, when the land becomes infertile, they left fallow until being recovered by itself. Therefore, as mentioned above, it is very difficult to define the boundary of cultivating land of each HH since the HHs even do not know exactly how much land they owned or in their use. However, the consultation procedures on the compensation cost have been conducted by staff of Thanh Binh company and all displaced persons agreed that the compensation cost for land acquisition and lost structures1 fixed assets will be complied with the compensation cost and assitance stipulated in the Resettlement Policy Framework of the REDP 4.2.1. Compensation costfor land acquisition As above mentioned, the real property market in subproject affected area has not been existed yet, so the price of land in market for calculation of compensation is difficult to define. Additionally, all displaced persons agree with the compensation cost stipulated by PPC of Yen Bai in the consultation phase. Thus, the compensation for land acquisition and lost structure1 fixed assets is governed by the following legal framework of province and RPF: - The Decision No. 57711212005 QD-UBND dated 28 December 2005 of Yen Bai's Provincial People's Committee on the classification of city roads and kinds of land of Yen Bai city. - The Decision No.12212005 QD-UBND dated 17 May 2005 of Yen Bai's Provincial People's Committee on promulgating regulations on resettlement compensation and financial assistance when the Government withdraws the land in Yen Bai province. According to legal framework of Yen Bai PPC, the replacement unit of paddy-field land is 10,000VNDlm2, vegetable land is 10,00OVND/m2. Howerver, to help the DPs restore their income and likelihood after resettlement, the subproject developer will apply the compensation costs at the replacement level for paddy-field land, vegetable land are 20,000VND/m2, and 12,000VNDlm2 respectively. Besides, the developer also give the DPs that lost more 10% of their land the assistance that is more than the assistance stipillated by Yen Bai PPC. 4.2.2. Conlpensution cost fiw .rtrzrctures~.fixedassets The compensation cost issued by PPC of Yen Bai to be used to compensate the lost structures/ fixed assets, tree and scrops in the subproject site is similar to the price of thesc asset in market. Moreover: the displaced persons agree with the compensatio~lcost issued by PPC of Yen Bai. Decision No.577/12!2005 QD-UBND dated 28 December 2005 of Yen Bai's Provincial People's Committee on the classification of city roads and kinds of land of Yen Bai. In addition, the loss of standing timber will be compensated at replacement cost and benefits from the harvested tiniber 011the land affected will accrue to the displaced person. - 4.3. Allowances und bonus The allowances and bonus stated in the RPF are similar to these allowance and bonus issued by the PPC of Yen Bai. Therefore, the allowance and bonus to be paid for the displaced households in the subproject site will be complied with the No.577!12/2005 QD-UBND dated 28 December 2005 of Yen Bai's Provincial People's Committee on the classification of city roads and kinds of land of Yen Bai. regulating on the policy of compensation and assistance for land acquired by the State. 4.3 Cost for implementation arrangement All .costs associated with institutional arrangement will represent 2.5% of the initial resettlement cost. This cost will be added to the initial resettlement cost. Additionally, the cost estimates will make adequate provision for contingencies, equivalent to 10% of the resettlement cost (including cost for institutional arrangement) used to pay for unforseen circumstances or delays. In case of cost overruns due to unforeseen circumstances or delays, the subproject developer will allocate additional funds as may be necessary to ensure the resettlement implementing activities satisfying the subproject schedule. - 4.4. Total resettlement cost Estimated resettlement expenses of the project for all the construction stages are 467,250,750VND (Four hundred and sixty seven million, two hundred and fifty thousand, seven hundred and fifty VND only). The details shall be specifically shown below: Table 13. Estimated Resettlement Cost Unit: Dong -- No. Types1 Categories Quantity (m2) Unit price C%(VND) (VNDlm2) -- 1 Paddy-field lands (m2) 5,431 20,000 108,620,000 2 Vegetable lands (m2) ---- 15,559.50 - 12,000 186,714& 4 ~ a r s production n ~ /Crops (estimated) - 30,000,000 5 Timbers (estimated) 10,000,000 6 Other assistance (such as acquisition of new fields, - 8O,OOO,OOO - -- rT ---I----? 7- i n g ditch for I - -- Cost for implementation 5. INIPLEMENTATIOR' PLAN 5.1 Informcrtior?discloslrre Upon receipt of investnlenr license, Thanh Binh Company has disclosed to the subproject affected communities and other key stakeholders to ensure that they are fully aware of the impacts of subproject and mitigation measures proposed in this Resettlement Plan. These activities include following. - Meetings with (i) head of ethnic minority group; (ii) men; and (iii) women, especially to the inhabitants living in the affected areas. The discussion was focused on types, scale and degree of positive and negative impacts and recommendation for the subproject design. - Two group meetings were held at the office of CPC of Lang Nhi in October, 2006, with the participation of 9 displaced persons, commune representative, land surveyor and commune police; - Focus groups discussion and interview with displaced persons to collect opinions on socio-economic and environmental impacts caused by subproject and obtain their agreement on their specific entitlement. The one group discussions were held at the office of Commune People Committee with 9 participants in each discussion. - Conducting socio-economic census and data collection on impacts and losses to the ethnic minority communities in the area of subproject (conducting a survey of 19 representatives of 19 ethnic minority households living in the affected villages). The issues discussed in the meetings and focus group discussions are compensation cost for land acquisition, the mode of land acquisition and, the support for PAPS to rehabilitation of the likelihood. Furthermore more, some of DPs expressed their happiness when they will be able to use electricity when the Nam Tang hydropower subproject is constructed. 5.2 Consultation and socio-economic census to displace(ipersons .. Socio-economic survey is conducted for all areas belong to the subproject area. Staffs interviewed and consulted the project affected households, especially ones losing the cultivation. The public consultation is organized with the participation of the project affected persons in the proposed area. In some areas, Thanh Binh Co., Ltd has consulted more than one community consultation. Consultancies focus on the following points: - Mode of compensation (by cash, other, etc.) - Compensation cost (lands,crops and structures/constructionare lost) - Income rehabilitation measures (stabilization of production/ business line) - Other allowances to satisfy the displaced persons' expectation or requirement In addition. staffs of Thanh Binh Co;. Ltd also interviewed local officials at all levels to understand more about attitudes of committees and organizations towards potential impacts of the subproject. Furthermore, they also mobilize assistailce of commune's officials who has influence on determining impacts of each household; recheck all addresses of the project affected households. as well as baseline socio-economic characteristics about these households. Investigation is carried out simultaneously wit11 the face to face interviews. handing out survey sheets as the forin if that household is absent. All questionnaires which were fulfilled shall be confirmed and cei-tified by the head of the village of the Comnlune People's Committee, as well as representative signatures of each household showing that they agreed that the information of the affected assets is true. In some cases, the People's Committee held community meetings to help collect information from the project affected households. 5.3. Establishment of Resettlement Committee Under the agreement of the project, land clearance Council will be established to take actions of resettlement in the construction period. This Council shall consist of: Tram Tau Ilistrict's People's Committee, District Department of Finance, district Department of Natural Resources and Environment, Lang Nhi Commune's People's Committee, and the Investor (Thanh Binh Co., Ltd). All organizations shall be responsible for the implementation of RP. 5.4 Update of compensation cost After RP cleared by the WB and will be in effect, the DPC of Tram Tau will update the inventory of losses and compensation cost to ensure that it will be at replacement level for thhe project site. In which, the inflation rate will be taken into account. This update will be conducted with the consultation of displaced persons and local authorities. 5.5 Public Informalion Dissemination and Consultation to Displaced Person When the RP of the Nam Tang Hydropower Subproject is approved by World Bank and Vietnamese Government, information dissemination campaign shall be done to inform the project affected persons of updated compensation price, impact level of prosperities, economic rights and implementation plan. The project affected persons shall be consulted to continue to grasp their evaluation on Resettlement Plan . - . Public Information Campaign will be carried out by ways consisting of the face to face discussion with the displaced persons and the media to introduce the subproject. Moreover, - the Resettlement Committee will assist in carrying out this campaign to all displaced persons and affected communities in the area of subproject. It will be commenced after necessary approvals for the subproject are obtained. In order to facilitate the implementation of Resettlement Plan, the subproject management board and local authorities will undertake to carry out the public information dissemination campaign and consultation with displaced persons. The details are as belows: Disclosing adequatly the information on subproject, components and activities to displaced persons at the project site; - Acquiring opinions and complaints of displaced persons about proposed policies and activities; Receiving coorperation and participation of displaced persons and communities for activities required in the preparation and implementation phase of Resettlement Plan; Disclosing plan for acquisition of land, relocation and rehabilitation. 5.6 Compensationpr-oc7eu'ur-esand inzplenzentarionof other entitlement to disp1acedper.ron.s For the Nain Tang Hydropower project. Tam Tau District's People's Committee has established a Resettlement Committee to implement activities of site clearance. compensation and resettlement for the project affected households with the one assistance of the District Department of Finance. Pursuant to the Decision of Tam Tau District's People's Committee, after investigating, measuring and calculating the impact degree, Compensation and Land Clearance Board to be . with the District Department of Finance together shall re-update the compensation price and rights of the project affected persons, and after the unit price has been updated, the Compensation and the Resettlement Committee shall apply the price to the affected assets, considering rights and listing a compensation for each affected household. The summary of impacts and entitlement's summarizing hislher assets lost and their entitlements for compensation and other assistance will be disclosed to all affected persons at office of CPC. Additionally, each displaced person will be provided with a copy as follows: a) Compensation cost b) Compensation amount c) Compensation plan, and d) Types of compensation to pay for displaced persons. The grievance redress mechanism will be explained concretely to displaced persons In case of disagreeing with the proposed policy of compensation, assistance and relocation, the displaced persons have right to request the subproject developer to consider this policy. In case, it doesn't have any grievance redress, the displaced persons will be resolved in accordance with this policy presented in this resettlement plan. 5.7 Approval for Resettlement Plan The Resettlement Plan for the construction phase of Nam Tang hydro power project is prepared in accordance with the RPF. Therefore, the resettlement policy will consist of -. objective, principle of compensation and assistance, allowance, legal framework, institutional model, resettlement plan, consultation with affected communities as well as internal and external monitoring as stipulated in the PFR. The Resettlement Plan will be approved by World Bank and PPC of Yen Bai or DPC of Tram Tau (if be authorized) before getting construction. After obtaining the second approval for this document, the subproject developer will use this RP as legal base to implement the subproject. 5.8 Updateof compensation cost and implementation of compensation and assistance activitiesfor the remaining areas of subproject In the phase of detailed design, the consultation to affected persons and local authorities will be provided. Basically, the DPC of Tram Tau will update the compensation cost at the replacement cost for all losses and adjust the allowance with the inflation. The payinent of coinpensation and implementation of entitlement and other assistance to the remaining affected households continue to be made. 5.2 3 Intern~rlvnornitoring The project inlple~nenti~lgagencies are responsible for conducting the interilal monitoring of Resettlement Plan. Thanh Binh company will base on the quaterly reports to the AU and PB to mornitor the implementation of RP. The internal mornitoriilg indicators include: - Paying the compensation, assistance to affected persons equal to scale, types of different losses in compliance with the policy of compensation and assistance presented in the Resettlemeilt Plan; - Technical assistance, relocation, subsidy and transportlshifting allowance; - Income rehabilitation measures and entitlements of displaced persons; - Consultation and information dissemination; - Grievance redress procedures and outstanding issues; - Priority of displaced persons on proposed options; - Schedule of land acquisition 5.2.4 External Monitoring To ensure transparency, Rural Electrification and Renewable Energy Project Management Board (PMB) under the Ministry of Industry and Trade (MOIT) will carry out their own supervision or arrange an external monitoring consultant to carry out the supervision and evaluation. The objective of external monitoring is to provide evaluation, supervision of resettlement plan, changes on living standard and job, income rehabilitation and baseline socioeconomic characteristics of the displaced persons, effect, impact and stability of entitlements, necessary of mitigation measures if any. Basically, some lessons on developing policy and and plan will be provided. The external monitoring will be conducted after obtafning the approval for this Resettlement Plan. Quarterly external monitoring reports will be submitted to the relevant agencies. The indicators of the external monitoring consist of: a) Paying fully compensation to the displaced persons before acquisition of land and being equivalent to the value of lost assets; b) Assisting the displaced persons in rebuilding their house in the remaining area of landholding or in the new relocation sites arranged by subproject developers; c) Income rehabilitation measures; d) Consultation and public dissemination on compensation policy: (i) the displaced persons will be consulted fully on the acquisition of land, land lease and relocation; (ii) the external monitoring agency must attend at least a meeting of public consultation to follow up the public consultation procedures, additional issues in the meeting and recommend some solutions; (iii) awareness of communities on policy and entitlement of compensation; (iv) awareness on different options presented in the Resettlement Plan; e) Monitoring for the rehabilitation of businesslproduction activities; f ) All findings presented in the Resettlement Plan will be monitored and recorded. The grievance redress mechanism will be also supervised. g) The trend on living standard will be observed and investigated during the ilnplemeiltillg phase. Ally potential finding in the rehabilitation phase will be also reported. 5.2.5 Grievances N M Red1.e.s~ ~ If the measure, calculation, pricing and resettlement are not complied with the regulations, all displaced persons will have the right to lodge complaints as the follwing legal basis: Step 1: The displaced persons disagree with the policy of compensation and resettlement, they would submit the complaints to the CPC or Nam Tang Hydro Power PMB. The Nam Tang Hydro Power PMB will take responsibility to work closely with the relevant agencies to resolve a complaint within a time limit of 15 days. Step 2: In case, the agreement and conciliation are not obtained or the displaced persons don't receive any response within a time limit of 15 days as from the date of receip of the complaint, the displaced persons will have the right to lodge a further complaints with the District Resettlement Committee1 Land Clearance Department. Where the complaints will be resolved within 1 month from the date of receipt of initial complaint. The decision of the District Resettlement Committee will be issued within 15 days from the date of receipt of such grievance. Step 3: Where a complainant disagrees with the decision on resolution by the DPC or the Representative of Committee, or the CPC does't reply within 15 days, it shall have the right to lodge the further complaints with the Provincial People Committee. The Representative of Provincial Resettlement Committee will resolve within 30 days from the date of receipt of such the complaint. Step 4: Where a complainant disagrees with the decision on resolution of the complaint issued by the PPC or Provincial Resettlement Committee, it shall have the right to complain to the People's Court in accordance with the regulations of the law. The displaced persons will be exempted from administrative abd legal fees. 'The fee for lodging the complaint with the Peopel's Court will be even exempted. Detailed procedures for grievance redress and specific steps will be published popularly. All grievance dossiers will be kept at the CPC of Lang Nhi and the office of Nam Tang hydro power subproject management board. Figure 1 .Implementation of resettlement - the plan for main activities Activities Implementing months from the compensation date . - - - . . .. . . . - Imple~nentationof Public lnforrnation Calr~paigllon KP -. . ---.---- - . . . - Monitoring and Super\ ~sionon I< P -- - - -.. - Appendixes Appendix A: Socio-economic survey questionnaire Nam Tang Hydro Power Porject Thanh Binh Co. Ltd Management Board QUESTIONNAIRE FOR SOCIOKONOMIC SURVEY TO BE USED FOR DISPLACED HOUSEHOLDS Rgjirence No,:. . . . . . . . . Address: .....................village,Lang Nhi commune, Tram Tau district, Yen Bai province Component: .............................................................................................. Full name of interviewee:............................................................................................. , Age:.. .............Sex: Male Female Relationship with householder: ........................, Householder's full name: I. GENERAL INFORMATION ABOUT THE HOUSEHOLD Is your household subject to social policy (poor, invalid, wounded soldier. revolutionary martyr)? Yes No How many members in your households?. ........... person - 7 No. Member Sex Age Education Main Monthly level occupation average (The oldest is named income first) 1 - 2 -- 3 I Education level: Occupation: - Less primary school - Worker - Primary school (class 1 - 5) = Employed - Secondary school (I@ 6 - 9) = Business1 trading/ service = High school (I@ 10 - 12) - Unstable job - College/ University - Sea related occupation = Not yet go to school - Agriculture - Other (detailed) - - Other occupation - Pupil/student - How much is monthly average income of the households? ..................... 11. CONlPENSATION AND ASSISTANCE 2.1 In what mode of compensation would you like ? Land for land ...................... Cash compensation (go on to question No.2.2) Both land for land and cash compensation (continue question No. 2.2) Other (detailed)........................................................................... Y Y 2.2 In case of compensation in cash, pls. propose the amountlprice that you think - rational to the state budget and value of the affected assets? (only ask about the compensation price for the asset that the household is affected,put "NA"for the asset item that the household does not have) Land type Unit Compensation price Residential land m2 Paddy-field land m2 Burnt over land m2 I Fallow hilly land mL 2 2.3 Are you willing to make contribution to building infrastructure for the community (for households subject to Component A)? Yes (go on to question No.2.3.I ) No (go on to question No.2.3.2) 0 2.3.1 Ifyes, how do you wunt to make contribution? The land to be acquired (without taking compensation for it) C3 Structure to be acquired Coiltribution in cash Other (Pls. specify............................1 (7 2.3.2 Ifno, then why? Have no money to contribute It is the responsibility of local authority Other (Pls. specify................................. 1 2.4. Do you want to propose any support from the Subproject ? Vocational training Pls. specify.................................. Loan Job creation Other Pls. specify............................... No proposal (go on to 2.4.1) 2.4.1 If you have no proposal, how do you do to recover income generation for your household? (PIS. specify.................................................................................................................................. 1 2.5 Do you have other opinion about compensation 1support? Signature of Household Interviewer CPC of Lang Nhi Appendix B: List of the ethnic household in the project area Number Ethnic of minority Affected Full name of the members Income No. area householder in the Main career (*I' household (m2) (person) Giang Sang Sung 7 H'mong Farmer Maa Nha Long H'mong 4 Farmer Giang A Vu 5 H'mong Farmer Mua Say Tong H'mong 7 Farmer Giang A Sua H'mong 5 Farmer Giong Vang Lau 5 H'mong Farmer Giang Vang Su H'mong 8 Farmer Giang Chuc Xeng 7 H'mong Farmer Giang Chi Tra 7 H'mong Farmer Sung Thi Ho 3 H'mong Farmer Giang A Khay H'mong 6 Farmer Giang Giang Long 5 H'mong Farmer Mua Vang Thay 10 H'mong Farmer Giang A Gia 4 H'mong Farmer Giang A Lang 3 H'mong Farmer Giang A Tu 5 H'mong Farmer Giang A De 6 H'mong Farmer Giang A Chinh 4 H'mong Farmer Giang Cha Xay 4 H'mong Farmer (*): Boor households according to standards of Ministry of Labor, Invalids and Social Affairs ldix 3: Socioeconomic status of project affected households r (HH), project impacts and compensation/rehabilitation measures .- -.-- ---.- Total Total Compensa Poor affected No. Occupation app. lncome Area of tion in Land andlor Area Type of % of of and Number Income HH land cash (unit for Otlicr General community vulnerable land land used land lost labors of working per person ('000 used by cost times Land support assistance HH used by by HH - - ~ ~ l ~ in HH status HH (%) Name of head (VND) wD) area) (if any) No. of (yesino) HH (VNlIlm2) of Household (m2) persons (m2) -. ..... .__-...-... - -- ~. ~ Giang Sang 7 7 Farming 150,000 687947 554.2 1 One-crop 12000 - In 2006 Thanh Binh C Sung paddy- 1,td. invested in openi~~ 1,050 Yes field land 8.1 1 NO new ~-ou[ttof over 3.5htt Mua Nba 4 3 Farming 150,000 Yes 1925.80 231.45 One-crop 12000 1 long with total value of & L6ng paddy- billion VND; [his rouk 600 field land 12.0 serves the traveling of Giang A Vu 5 3 Farming 190,000 Yes 436 1.50 272.30 One-crop 12000 project affected pel-sollr paddy- - In 2006, Thanh Bill11( 950 field land 6.2 No Ltd. also assisted the Mha Say 7 5 Farming 200,000 No 6065.02 437.86 One-crop 12000 provincial People's TGng paddy- Committee in opening [' / O 1,400 field land 7.2 NO road to 1,ang Nhi Giang A Sua 5 5 Farming 220,000 No 3342.60 468.52 One-crop 12000 Communal Teople's paddy- Com~tiit~ec.This road cb 1,100 field land 14.0 [hc traveling of per-solis Giang Vang 5 5 Farming 200,000 No 3393.25 278.65 One-crop 12000 the cornl~iunalpeople'.; L ~ U paddy- committee and to otlicr 1,000 field land 8.2 villages in the cc~nitilulit I NO Giang Vang 8 7 Farming 140,000 Yes 5984.96 623.12 One-crop 12000 - Assisting lo open the r Su paddy- to Trong Tau Village. 11 1/1 I 1,120 field land 10.4 excavators to open ;I 1-01 Giang Chuc 7 7 Farming 1 50,000 of 3km. Yes 4949.96 564.28 One-crop 17000 Xeng paddy- - Building the village's cultural house with cxpt 1,050 field land 11.4 Giang Chi Tra 7 3 of about 50 million don, Farming 150,000 Yes 5284.24 426.32 One-crop 13000 7'rong Tau village paddy- 1,050 field land 8.1 1 i Sung Thj Hu Co-opc~atingwith the 3 3 Farming 200,000 No 2 170.61 - 56.87 One-crop l Z o n 0 C'om~nunalPeople's paddy- Comlnlttee to invite 600 field land 1 NO - -- ..-.--- -. agricultural promolioti -- . -- Giang A Khay 6 6 Farming 250,000 No 4147.74 191.29 z F ~ ~ ~ . ' 6 f ~ l - - ~ p officials to hold t~leetil~ provide knowledge uf 1,500 field land i NO . ~ ---- -- -- -- - ~ - - - 34 1 1 1 I I Giang Giang 5 5 Farming an^ 12000 animal and domestic To1 240y000 supplying breeding anin 1,200 3.4 to the persons. pp Mua Vang 10 10 Farming 150,000 12000 Thay paddy- 1,500 Yes I field land 6.3 1 1 -- Giang A Gia 4 2 Farming 2 10,000 No 1232.92 58.23 1One-crop 12000 field land No 1 136.29 45.43 One-crop paddy- 600 field land Giang A Tu 5 4 Farming 160,000 1662.65 132.53 One-crop paddy- Yes field land No 1208.34 20 1.39 One-crop paddy- field land No 1529.32 132.33 One-crop paddy- field land 1645.84 161.46 One-crop paddy- No field land Appendix 4: The estimated compensation cost for land of each DH r--- -- Affected land (m2) U n ~Price (VND) t -- Paddy- Paddy- I Name of field Vegetable field Vegetable Head household land land land land ----- No - 1 Giang Sang Sung 554.21 1,437.30 20,000 2 GkaNha ~ 6 n g 231.45 522.74 20,000 12,000 ______- 10,901,880 - - 3 Giang A Vu 272.30 731.92 20,000 12,000- 14,229,040 - 4 Mua Say Tang 5 Giang A Slia 20,000 6 ,~ i i n VBng t.$u g 780.41 7 Giang Vang Su 623.12 1,288.52 - 564.28 1,041.30 9 Giang Chi Tra 426 32 1,137.70 20,000 12,000 22,178,800 lo Sung Thi Hb 56.87 344.55 20,000 12,000 5,272,000 Giang A Khay 191.29 689.61 12,101,120 -- 20,000 12,000 12 Giang Giang ~ 6 n ~ 82.21 640.92 20,000 12,000 13 Mua Vang Thay 512.57 1,131.93 20,000 12,000 14 Giang A Gia 58.23 492.74 20,000 12,000 15 Giang A Lang - 45.43 345.55 20,000 12,000 Giang A Tu 132.53 640.95 20,000 12,000 201.39 789.62 - 20,000 12,000 Giang A Chlnh 132.33 -- 492.70 20,ooo 12,000 Giang Chb xiiy 161.46 352.83 20,000 12,000