RP755 v7 Ministry of Trade and Industry The World Bank Renewable Energy Development Project Resettlement Plan Dong Chum 2 Hydropower Subproject Da Bac District Hoa Binh Province Submitted by: HOANG SON ENERGY, CONSTRUCTION AND COMMERCIAL INVESTMENT JSC. Hoa Binh, June 2010 TABLE OF CONTENTS EXECUTIVE SUMMARY..................................................................................................................... v I. INTRODUCTION .............................................................................................................................. 6 1.1. Renewable Energy Development Project ................................................................................ 6 1. 2. Dong Chum Hydropower Plant 2 ............................................................................................ 7 II. SCOPE OF IMPACTS OF DONG CHUM 2 HYDROPOWER PLANT ........................................... 9 2.1. Impacts on Land .................................................................................................................... 10 2.1.1. Permanent impacts......................................................................................................... 10 2.1.2. Temporary Impacts......................................................................................................... 14 2.2. Impacts on Crops and Trees ................................................................................................. 17 2.3. Impacts on Houses and Assets ............................................................................................. 17 2.4. Impacts on Livelihoods and Income ...................................................................................... 17 2.5. Other Impacts ........................................................................................................................ 18 III. LEGAL FRAMEWORK AND ENTITLEMENTS OF AFFECTED PERSONS ............................... 19 IV. SOCIO-ECONOMIC PROFILE OF AFFECTED COMMUNITY AND PERSONS ....................... 25 4.1. Socio-economic Profile of Affected Community..................................................................... 25 4.2. Socio-economic Profile of Affected Persons.......................................................................... 26 V. COMPENSATION AND ASSISTANCE ........................................................................................ 29 5.1. Compensation ........................................................................................................................ 29 5.2. Assistance provided for income restoration for affected persons .......................................... 30 VI. COMMUNITY CONSULTATION AND PARTICIPATION FROM LOCAL PEOPLE .................... 32 6.1 Community Consultation ......................................................................................................... 32 6.2. Participation from Local People ............................................................................................. 32 6.3. Grievance Redressal Mechanism .......................................................................................... 33 VII. MONITORING AND EVALUATION ............................................................................................ 35 7.1. Internal Monitoring and Evaluation ........................................................................................ 35 7.2. Independent Monitoring and Evaluation ................................................................................ 36 VIII. REPORTING.............................................................................................................................. 37 IX. IMPLEMENTATION PLAN .......................................................................................................... 38 X. IMPLEMENTATION COSTS ........................................................................................................ 39 APPENDIXES ................................................................................................................................... 40 Appendix 1: Permanentally impacted area of each household (Dong Chum commune, Da Bac district, Hoa Binh province) ........................................................................................................... 40 Appendix 2: The area of temporarily impacted land per households (Dong Chum commune, Da Bac district, Hoa Binh province) .................................................................................................... 41 Appendix 3: Impacted trees, crops of each households (Dong Chum commune, Da Bac district, Hoa Binh Province) ....................................................................................................................... 43 Appendix 4: List of compensated households as regulations of the provincial People's Committee (Dong Chum commune, Da Bac district, Hoa Binh Province)Error! Bookmark not defined. ii Appendix 5: Minute of the community consultative meeting on compensation and assistance policy, phase 1 ................................................................................ Error! Bookmark not defined. nd Appendix 6: Minute of the community consultative meeting on compensation policies, for the 2 phase .............................................................................................. Error! Bookmark not defined. Appendix 7: Minute of community consultative meeting on compensation, assistance policies for the 3rd phase .................................................................................. Error! Bookmark not defined. Appendix 8: Minute of community consultative meeting on compensation and support policies for th the 4 phase ................................................................................... Error! Bookmark not defined. th Appendix 9: Minute of Community consultative meeting for the 5 time on compensation and supporting policies .......................................................................... Error! Bookmark not defined. Appendix 10: List of participants of indepth interviews and focus group discussion (Social ­ economic survey) ............................................................................ Error! Bookmark not defined. Appendix 11: Profile of Dong Chum 2 hydropower plant................ Error! Bookmark not defined. iii LIST OF TABLES Table 1: Basic Technical Parameters of the Dong Chum Hydropower Plant 2 ................................. 7 Table 2: Total land area that is permanently acquired by the plant works: Powerhouse 2A and Powerhouse 2B....................................................................................................................... 12 Table 3: Types of lands temporarily impacted by households ......................................................... 14 Table 4: Total land area that is temporarily acquired by the plant works: Powerhouse 2A and Powerhouse 2B....................................................................................................................... 15 Table 5: Number of trees and crops to be affected by the Dong Chum 2 Hydropower Plant .......... 17 Table 6: Entitlement Matrix .............................................................................................................. 21 Table 7: Compensation Costs for Various Types of Impacts ........................................................... 30 Table 9: Costs for implementing assistance .................................................................................... 31 Table 10: Several basic indicators for internal monitoring and evaluation by the investor .............. 35 Table 11: Total estimated cost for implementing the RP of the Dong Chum 2 Hydropower Plant .. 39 iv EXECUTIVE SUMMARY The Dong Chum 2 Hydropower Plant is constructed with two powerhouses: 2A located on the Chum spring and 2B on the Nhap spring in Dong Chum Commune, Da Bac district, Hoa Binh Province with design capacity of 9.0 MW. It is expected the construction of Hydropower plant be completed in 2013 and fully operated in late 2013 The construction process of different facilities under the plant will acquire permanently an area of 412,657.9 m2 (41.2ha) of lands and a temporarily an area of 8,634.9 m2 (0.86 ha) ̣ lands for the purposes of temporary construction camps and staff houses, supporting areas, materials and machinery gathering parks, internal transportation roads... to serve for the process before and during the construction of the Hydropower Plant. There are a total of 27 households (167 people) who are affected by the Dong Chum 2 Hydropower Plant, of which only one household whose land is covered permanently of 2,753 m2 of land ­ or 10.3 % of the total existing production land of the household, including: 2,000m2 of agricultural land (rice-growing), 375m2 of fish-pond and 378m2 of terrace land. The permanently affected lands consist of unused river-rocky land (49,251.4 m2) and natural forest land (360,653.6 m2). The forest land and the unused river rocky land that will be recovered are under management of Da Bac CPC. There are 26 households with land temporarily affected, including agricultural land (a total of 4,874.9 m2), fish-pond (721 m2), terrace field land (3,452 m2) and 100 m2 of residential land. No affected household has to relocate. Total number of crops and trees owned by affected households that affected is 1,950, including mainly bamboo trees (1,234), palm trees (286 trees), tea trees (100) and several other types of crops/trees. The compensation plan will be implemented in September 2010, and the income restoration and livelihood development programmes will be implemented in November 2010. The total cost of the compensation plan, including also the cost for income restoration for affected households under the Dong Chum 2 Hydropower Plant is at 345,098,500 VND. v 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 renewables-based 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 renewables-based 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 for re- financing a loan, the respective participating bank will receive REDP (IDA) re- financing through MOF. REDP's 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 6 managed by MOIT's 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. The Resettlement Plan of Dong Chum 2 Hydropower Subproject is prepared in conformity with the approved Resettlement Policy Framework of Renewable Energy Development Project. 1. 2. Dong Chum 2 Hydropower Plant Dong Chum 2 Hydropower Plant (Da Bac District, Hoa Binh province) is a kind of path- type Hydropower plant, with design capacity of 9.0 MW. The Plant is constructed with two powerhouses: 2A located on the Chum spring and 2B on the Nhap spring in Co Phung and Nhap 1 villages, respectively, in Dong Chum Commune, Da Bac district, Hoa Binh province. The key works of the Dong Chum 2 Hydropower Plant consist of main dam, water-leading canal, water-taking gate, pressure-adjusting tank, factories and the 35 Kv transmission line. The key technical parameters of the works are as follows: Table 1: Basic Technical Parameters of the Dong Chum 2 Hydropower Plant Name of key works Basic Technical Parameters 2A 2B - Main dam 8.5m long gravity concretes 20.5m high gravity concretes - Reservoir Capacity 55x103 (m2) Capacity 224x103 (m2) Surface area: 1.07 ha Surface area: 3.31 ha - Canal leading water into 3097.3m long uncovered 1704.22m long uncovered the powerhouses concretes concretes - Pressure pipe 425m long pressure steel, 71.9m long pressure steel, 198.8m long pressure poles 47.5m long pressure poles - Water-taking gate 1 hold, sized 1.8x1.5 (m); 1 hold, sized 3x2.5 (m); flowing: flowing: 3.3 m3/s 9 m3/s - Hydropower plant 4 groups of machines, with total capacity of 9.0 MW, high end voltage of 6.3KV, - Transmission station 2 transformers 6.3/35KV, with capacity of 2500KVA each - Transmission line 35KV on the air, with the distance to the connected point of 2.5km 7 Name of key works Basic Technical Parameters 2A 2B - Covering dykes 5.3m high and 605m long, top Not used width: 5m - Average electricity 29.33 million KW capacity per year (E) The timing for constructing the entire plant is expected to be between 2.5 and 3 years from the start of construction. The total investment cost of different works (excluding compensation cost at 345,098,500 VND) is at 178.004.397.000 VND at the market price of May 2010, Of which: - Cost for civil works : 90.519.214.000 VND - Equipment cost : 49.102.477.000 VND - Management : 8.450.077.000 VND - Cost for transmission line and station : 1,650,000,000 VND - Other costs : 5.012.579.000 VND - Contingency cost : 15.308.435.000 VND - Interest Costs in the construction phase : 9.611.615.000 VND 8 Map of Dong Chum 2 Hydropower Subproject 9 II. SCOPE OF IMPACTS OF DONG CHUM 2 HYDROPOWER PLANT 2.1. Impacts on Land 2.1.1. Permanent impacts The measures to minimize the permanent impacts on lands have been taken into consideration and taken such as lowering water level of the reservoir (from the height of 393m to 383 m), not leveling the existing road and extending the access road just wide enough to cater for the transporting vehicles and conducting close supervision the leveling works in order to avoid the wider influence on surrounding area. The facilities will be constructed away from the residential areas as well as the cultivated lands of households. In particular, the plant has had a separate port constructed to transport materials by river. At the same time, the transporting road and materials storage areas have been constructed in places away from where people live in order to avoid land acquisition and adverse impacts on the local community. Therefore, the Hydropower plant only affects permanently on 10.3 % of total area of production land owned by one (01) household with the area of 2,753 m2 land (2,000 m2 of land of growing rice, 375 m2 fish-pond and 378 m2 terrace field land). In total, there are 412,657.9 m2 of area with permanent impact, of which 2,753 m2 of land is owned by one household mentioned above and the unused river-rocky land area of 49,251.4m2, and the remaining is the natural forest land of 360,653.5 m2- this is the largest part of permanently acquired land area (accounting for 87.39%) among all plant works. The forest area is under the control and management of Dong Chum CPC and the commune authority has yet to plan for developing this forest area so that it is currently still a poor forest with lots of bushes of very low economic values. The extent to which the land is affected by each of the plant works is as follows: - Reservoir area: One of the measures to reduce the area of acquired land is lowering water level of the reservoir, so that this area is just with permanently acquired land of 32,461.1m2. Most of the acquired land is the unused river rocky land (with Powerhouse 2A of 12,086.1m2; Powerhouse 2B of 20,000m2) and only 375m2 fish-pond in the Powerhouse 2B owned by a household is permanently affected in the area. - Main dam: Of the total of 6,000m2 of permanently acquired land for the main dam, 1,000m2 is in the Powerhouse 2A and 5,000m2 in the Powerhouse 2B. Of the permanently acquired land above, the area of unused river and rocky land is 2,000m2 and the natural forest land is 4,000m2. - Transportation canal and road: This is the area with the largest proportion of permanently acquired land at 306,581m2. The area of Powerhouse 2A has 209,203m2 of land that is acquired and the entire area is natural forest land. Various sorts of acquired land in the Powerhouse 2B consist of: 97,378m2 (of which natural forest land is 93,378m2, 2,000m2 of unused river and rocky land and 10 2,000m2 of rice field land owned by a household ­ this is the rice growing land of this household for years now. All of the affected lands are commune authority ­ managed poor forest areas predominantly with bushes that have low economic values. Over the recent years, the commune authority has not determined as how to plan and use this area, and therefore the acquisition of the natural forest land does not bring much adverse impact to the local community in terms of economic values as well as the developmental planning. - Pressure pipe: This only affects natural forest land, with a total area of 7,203m2, of which Powerhouse 2A acquires 4,203m2 and Powerhouse 2B 3,000m2. - Pressure tank: A total of 17,000m2 of land is affected, of which the area of Powerhouse 2A is 7,000m2 of unused river and rocky land, the area of Powerhouse 2B of 10,000 m2 of natural forest land. - Powerhouse and OPY: This area is located away - 4.2 km - from the residential areas and therefore does not affect the land or assets of local households. There is a total area of 31,409,5m2 with permanent impact, of which in the area of Powerhouse 2A, 5,000m2 of unused river and rocky land and in the area of Powerhouse 2B, 26,409,5m2 are acquired (25,514.7m2 is natural forest land, 894.8m2 is the unused river and rocky land). - Auxiliary area: In the area of Powerhouse 2B, there will be 378m2 of land from tree planting owned by one household (the only household with permanently affected land) acquired, and currently there are 20 Buong trees have been planted between 1 and 3 years and 10 china trees (with a diameter of less than 10cm). Besides, the supporting area affects an area of 10,000 m2 of forest land (Powerhouse 2B) and 1,354.8m2 of forest land in the area of Powerhouse 2A. - 35 KV transmission line: The distance to the connection point is fairly short (2.5km), so this area does not affect crops/trees and land. - Covering dyke: This is the facility with least amount of acquired land, of only 270.5m2 of the uncultivated land in the area of Powerhouse 2A. The list of households to be affected by the Hydropower plant is included in the Annex 1. 11 Table 2: Total land area that is permanently acquired by the plant works: Powerhouse 2A and Powerhouse 2B Of which, Powerhouse 2A Of which, Powerhouse 2B Terrace Terrace field field land, land, Total Rice long-term Rice long- Fish- Garden Residential Forest Fish- Residential Forest Items area of field and Uncultivated Garden field term Uncultivated pond land land land pond land land acquired land annual land (m2) [7] land land and land (m2) (m2) (m2) (m2) (m2) (m2) (m2) land (m2) 2 (m ) tree 2 (m ) [b] 2 (m ) annual (m2)[j] [1] [2] [3] [6] [a] [c] [f] [4] planting [d] tree land planting (m2) [5] land (m2) [e] Reservoir 32,461.1 12,086,1 375 20,000 area Main dam 6,000 1,000 4,000 1,000 Leading 306,581 209,203 2,000 93,378 2,000 canal and operating road Pressure 7,203 4,203 3,000 pipe Pressure 17,000 7,000 10,000 tank Powerhouse 31,409.5 5,000 25,514.7 894.8 and OPY Supporting 11,732.8 1,354.8 378 10,000 area Transmission line 12 Of which, Powerhouse 2A Of which, Powerhouse 2B Terrace Terrace field field land, land, Total Rice long-term Rice long- Fish- Garden Residential Forest Fish- Residential Forest Items area of field and Uncultivated Garden field term Uncultivated pond land land land pond land land acquired land annual land (m2) [7] land land and land 2 (m2) (m2) (m2) 2 (m2) (m2) 2 (m2) 2 (m2) land (m ) (m ) tree (m ) [b] (m ) annual (m2)[j] [1] [2] [3] [6] [a] [c] [f] [4] planting [d] tree land planting (m2) [5] land (m2) [e] Covering 270.5 270.5 dyke TOTAL 412,657.9 314,760.8 25,356.6 375 2,000 378 145,892.7 23,894.8 2 Total area of permanently acquired land in the area of 2A: 240,117,4m Total area of permanently acquired land in the area of 2B: 172,162.5m2 2 [1] + [a] (m ) 375 2 [2] + [b] (m ) 0 2 [3] + [c] (m ) 0 [4] + [d] (m2) 2,000 2 [5] + [e] (m ) 378 [6] + [f] (m2) 360,653.5 2 [7]+ [j] (m ) 49,251.4 13 2.1.2. Temporary Impacts During the construction of the two Powerhouses 2A and 2B, the construction of the canal and auxiliary area will cause temporarily impacts to a total of 8,634.9m2 of land of different types. There are a total of 14 households whose have land temporarily impacted and the affected land is two-seasoned rice-growing land, with each household on average of temporary impact of 298.9m2; 05 households with impact on fish-pond (on average each household is affected with 144.2m2); 12 households with temporary impact on garden land (total of 1,572m2); 02 households with impacts on terrace fields of small size (total area of 756m2) and one household with impact on the area of 100 m2 of residential land. The entire land area with temporary impact is under the use of 26 households. Table 3: Types of lands temporarily impacted by households Powerhouse 2A Powerhouse 2B Types of land with temporary impact owned Area No of Area No of by households 2 2 (m ) households (m ) households Pond land 721 5 Rice fields 4,782.9 14 Garden 1,572 8 703 4 Terrace field land, long-term and 756 2 annual tree planting land Residential land 100 1 Total 7,931.9 703 The list of households to be temporarily affected by the Hydropower plant is included in the Appendix 2. 14 Table 4: Total land area that is temporarily acquired by the plant works: Powerhouse 2A and Powerhouse 2B Of which, Powerhouse 2A Of which, Powerhouse 2B Terrace field Rice Terrace field Total area Rice Fish- Garden Residential land, long- Forest Fish- Garden Residential field land, long- Forest Items of field Uncultivated pond land land term and land pond land land land term and land Uncultivated acquired land land (m2)[7] (m2) (m2) (m2) annual tree (m2) (m2) (m2) (m2) (m2) annual tree (m2) land (m2)[j] land (m2) (m2) [4] [1] [2] [3] planting land [6] [a] [b] [c] [d] planting land [f] (m2) [5] (m2) [e] Reservoir area 721 721 Main dam Leading canal 6,341.9 100 4,782.9 756 703 and operating road Pressure pipe Pressure tank Powerhouse and OPY Supporting area 1,572 1.572 Transmission line Covering dyke TOTAL 8,634.9 721 1,572 100 4,782.9 756 703 Total area of temporarily acquired land in the area of 2A: 7,931.9 m2 Total area of temporarily acquired land in the area of 2A: 703 m2 [1] + [a] (m2) 721 2 [2] + [b] (m ) 2,275 [3] + [c] (m2) 100 [4] + [d] (m2) 4,782.9 [5] + [e] (m2) 756 2 [6] + [f] (m ) 0 15 [7]+ [j] (m2) 0 16 2.2. Impacts on Crops and Trees Total number of crops and trees to be affected as a result of the Hydropower plant is 1,950 of different kinds owned by 24 affected households, predominantly the bamboo trees (1,234), palm trees (286) and several other fruit trees and crops. The construction of canal and operating road and other supporting facilities has brings the biggest part of impact on the crops and trees owned by the households. Table 5: Number of trees and crops to be affected by the Dong Chum 2 Hydropower Plant Total (trees/crops) Fruit trees China Palm trees Tea Bamboo Buong trees trees trees trees (tree) (tree) (tree) (tree) (tree) (tree) 1,950 150 68 286 100 1,234 20 Almost all trees and crops are in the stage of harvesting. Also, the branch Powerhouse 2B of the Hydropower plant causes permanent impacts on the area of 2,000m2 of water rice of one household. The acquisition of the said area will only occur after local residents have completed harvesting their rice and other fruit trees and crops. For wooden trees, apart from receiving cash compensation, local residents will still have enough time to harvest such trees. The list of households with trees and crops being affected by the Hydropower plant is included in the Annex 3. 2.3. Impacts on Houses and Assets Due to efficient application of measures to reduce the affected land, such as the construction of various facilities away from residential areas, careful attention being paid to the construction and widening the transporting and operating roads by Dong Chum 2 Hydropower Plant investor with a view to avoiding impacts on houses and assets of the local residents. As such, Dong Chum 2 Hydropower Plant has no impact on houses or assets whatsoever of local households. 2.4. Impacts on Livelihoods and Income Dong Chum 2 Hydropower Plant causes a permanent impact to 10.3 % of the existing production land owned by one household, and temporary impact to 721m2 of fish-pond owned by 5 households and 4782.9m2 of production land of 14 households during the construction of Hydropower plant. Because the terrain of the area affected by Hydropower Plant is mostly sloping, rocky and rough, local residents hardly catch fish in this area. Thus, the plant will not affect the local fisheries. In fact, local residents catch fish in rivers and springs with flat terrains far away from the reservoir. 17 2.5. Other Impacts Apart from above-mentioned impacts, the Dong Chum 2 Hydropower Plant causes no other such impacts to local households and community. A large proportion of plant facilities is located away from local residential area and community, these facilities will not affect business conditions and other cultural structures and assets and infrastructure of local community. The largest area acquired is the forest land. However, as this area is the poor and type-3 forest. The authority who is mandated to manage and use the forest area is the CPC and indeed the commune leadership has not invested into production or planting in this area. As a result, the acquisition of forest land will not affect employment of forestry workers and officers and other stakeholders alike. 18 III. LEGAL FRAMEWORK AND ENTITLEMENTS OF AFFECTED PERSONS As the resettlement plan of Dong Chum 2 small Hydropower Plant is prepared under the scope of the Renewable Energy Development Project, the legal framework for compensation and resettlement activities will be based on Resettlement Policy Framework (RPF) that has been agreed upon for the REDP. Legislation and policies applicable for implementation of compensation and resettlement include (i) policies of World Bank, (ii) existing policies on compensation, assistance, resettlement of the Government of Vietnam; and (iii) procedures on compensation, assistance and resettlement of local government (Hoa Binh province). As regards the World Bank's policies, the OP 4.12, Involuntary Resettlement applies. Key features of OP 4.12 have been detailed out in RPF. Regulations on compensation, assistance and resettlement of Vietnamese Government are applied in the implementation of Resettlement plan of the Dong Chum 2 Hydropower Plant, including: 1. Law on Land 2003, promulgated on 26th November 2003. 2. Decree 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law. 3. Decree no 188/2004/N-CP dated November 16, 2004 by the government on methods of defining land prices and price brackets of land types. 4. Circular No. 114/2004/TT-BTC of November 26, 2004 guiding the Implementation of the Government's Decree no. 188/2004/ND-CP of November 16 2004. 5. Decree 197/2004/N-CP dated 03/12/2004 on the compensation and support and resettlement when the State acquired land. 6. Circular No. 116/2004/TT-BTC guiding the implementation of the Government's Decree No. 197/2004/ND-CP on compensation, support and resettlement when land is recovered by the State. 7. Decree no 17/2006/N-CP dated January 27, 2006 by the government on amending and supplementing a number of articles of the decrees guiding the implementation of the law on land and Decree 187/2004/N-CP dated 16/11/2004 of the Government on Guiding the Implementation of the Government's Decree no. 187/2004/ND-CP of November 16, 2004 on Transformation of State-owned Companies into Joint-Stock Companies. 8. Circular No. 69/2006/TT-BTC amending and supplementing the Finance Ministry's Circular No. 116/2004/TT-BTC which guides the implementation of the Government's Decree No. 197/2004/ND-CP on compensation, support and resettlement upon land recovery by the State. 19 9. Decree 123/2007/ND-CP adjusting Decree 188/2004/ND-CP of November 16, 2004 on the methodology of setting land prices and building land price tables. 10. Decree No. 84/2007/N-CP on supplementing on issuance of certificate of land use-right, revoke land, implementation of land use-right, sequences, compensation formalities, assistance, resettlement in cases State revoking land and settle complaint of land matter, issued on 25 May 2007. 11. Inter-ministerial circular No. 14/2008/TTLT/BTC-BTNMT on guiding implementation of several articles of the Decree No. 84/2007/N-CP, promulgated on January 31 2008. 12. Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement. The current regulations on implementation of compensation, assistance and resettlement of local government (Hoa Binh province) are applied in the Resettlement Plan of the Dong Chum 2 Hydropower Plant, including: 1. Decision No. 40/2009/QD-UB, dated 25 December 2009 of Hoa Binh PPC, detailing price table for land of different kinds in 2010 in Hoa Binh province 2. Decision No. 31/QD-UB, dated 1 November 2008 of Da Bac DPC on promulgating detailed regulations on (milestones) of regions, positions of residential land, land for non-agricultural production and agricultural land within Da Bac District, Hoa Binh province. 3. Decision No. 41/2009/QD-UBND, dated 28 December 2009 of Hoa Binh PPC, regulating on compensation, assistance and resettlement upon land acquisition by the State within Hoa Binh province. In order to reconcile the policies of WB and of the Vietnamese Government and the regulations on compensation, assistance and resettlement of local government, the following key points of the Resettlement Policy Framework of REDP have been agreed upon by the Land Clearance Compensation Council of the District, Investor of Dong Chum 2 Hydropower Plant, commune leadership and affected persons. Several principles that apply to compensation, assistance in the Dong Chum 2 Hydropower Plant 1. During the planning phase and design phase, it is important to reduce as much as possible the land acquired, and avoid impacts on assets of local households. 2. The households with affected residential land, agricultural land, crops and trees and other impacts in the construction area will receive full compensation, assistance for livelihood restoration at least to the same level before the impacts, including incomes and livelihood development opportunities. 20 3. Lack of legal documents on land use rights (including residential land, agricultural land and other types of land) as well as other legal papers on assets is not a bar to receive compensation and assistance. 4. The plan for acquisition of land and related assets, compensation, assistance and resettlement plan and ethnic minority development plan will be implemented in close and regular consultations with community and affected persons. 5. Land, crops and trees and other assets that are acquired and affected will be compensated at the replacement cost, without reduction of depreciated or transfer values or any other such reduction. 6. Poor households and those with women being householders, ethnic minority households...and other policy beneficiaries, vulnerable households will be supported in accordance with current regulations of the local government. At the same time, investors will provide other assistance depending on outcomes of the community consultation with this group of households. The Entitlement Matrix for affected for different sub-projects under the REDP has been specified in the RPF. Based on this Entitlement Matrix, the Entitlement Matrix for affected households under the Dong Chum 2 small Hydropower Plant is as follows: Table 6: Entitlement Matrix Type of Definition of Compensation, assistance and Item Application Loss entitled person resettlement policies More than 10% Households, 1. Land compensation for the lost of area of the individuals or land and its associated assets at available organizations with full replacement cost. agricultural land. agricultural land 2. Receiving assistance for Permanent affected by income rehabilitation and loss of different subproject livelihood development (specified agricultural facilities (01 in item 7) 1 land affected household) Impact less then 10% of area of 0 the existing agricultural land. Poor, type three The authority Replacement planting of the area Permanent and non- entitled to use equal to that acquired at the 2 impact on protective forest land (Dong upstream area forest land forest. Chum CPC) 21 Type of Definition of Compensation, assistance and Item Application Loss entitled person resettlement policies Persons with Compensation of land at the Impact on Impact on affected garden replacement cost, of crops and 3 garden land garden land land (12 trees at the market price households) Persons with crops Compensation at the market and trees on price. All crops and Impacts on affected land area If the affected crops and trees trees affected 4 crops and (24 households) must be transported, then the by the plant trees compensation cost must cover facilities also the transportation cost and actual arising costs. Households with 1. Compensation as per leasing agricultural land price of land at the time of impact, Temporary Agricultural land with temporary based upon the Decision No. impact on affected during 5 impact (14 41/2009/QD-UBND, dated 28 agricultural the construction households) December 2009 of Hoa Binh PPC land of works 2. Bidders return land with quality equal to originally to households Households with 1. Compensation as per leasing fish-bonds affected price of land at the time of impact, during construction based upon the Decision No. process (05 41/2009/QD-UBND, dated 28 households) December 2009 of Hoa Binh PPC The land for Temporary 2. Affected persons are to raising aquatic impact on participate in the fish-raising products is 6 aquatic training courses. affected during product 3. Affected persons receive the construction raising land assistance for digging ponds (not of works exceeding 1,000,000 VND/household) 4. Affected persons receive assistance for raising fish (500,000VND) 22 Type of Definition of Compensation, assistance and Item Application Loss entitled person resettlement policies 1. Assistance provided to stabilize One household life conditions by cash equivalent loses 10.3% of total to 30kg rice/person/month, to all area of cultivated persons in the household within land of the the period of six months in household accordance with local market price (The RPF stipulates 3 months, however, the investor supports six months in accordance with regulations of the PPC) 2. Assistance provided in form of Assistance vocational training for one provided to member of the affected households household (by cash): 5,000,000 seriously VND. affected (more 3. Assistance provided to than 10% of stabilize life conditions: 1,500,000 total production VND. 7 Assistance land) 4. Priority given to participate in development programmes held by international, national, or local entities. 5. To participate in fish-raising programmes run by investor (training on fish-raising, assistance on digging pond with 1,000,000 VND and assistance to purchase fish seeds of 500,000 VND. Poor households and those with 1. Assistance provided for Assistance women being stabilizing life conditions: provided to poor householders, 1,500,000 VND/ household. and vulnerable ethnic minority 2. To participate in fish-raising households households... (21 programmes run by investor if households) they so wish. 23 Type of Definition of Compensation, assistance and Item Application Loss entitled person resettlement policies 8 Bonus Affected persons Minimum bonus of 2,000,000 voluntarily transfer VND and minimum bonus will be land on a timely promulgated by the provincial basis to the facility government. 24 IV. SOCIO-ECONOMIC PROFILE OF AFFECTED COMMUNITY AND PERSONS 4.1. Socio-economic Profile of Affected Community Located 20km away from Hoa Binh city, Da Bac District with district center being Da Bac town and 21 communes, including Dong Nghe, Suoi Nanh, Muong Tuong, Muong Chieng, Dong Chum, Tan Pheo, Doan Ket, Tan Minh, Trung Thanh, Yen Hoa, Cao Son, Tien Phong, Vay Nua, Hao Ly, Tu Ly, Hien Luong, Toan Son, Dong Ruong, Giap Dat. Among these, Dong Chum is the only commune affected by Dong Chum 2 Hydropower Plant. The Dong Chum commune is comprised of 9 villages: May 1, May 2, Na Loc, Pa Che, Co Ph ng, Nhap 1, Nhap 2, Ha village and Chanh village. The commune has the natural area of 5,515ha, and total number of households across the commune is 622 (with 2,887 people), of which 544 households (with 2,585 people) are Tay ethnic minority and 78 households (with 290 people) are Kinh (Vietnamese) people. With per capita income of 183,000VND/person/month, Dong Chum commune is also one of the poor communes of Da Bac District, and the poverty rate in 2008 was 52% (323 out of 622 households). Currently the commune benefits from poverty elimination programmes of the State, such as Programmes 135 and 472. Regarding agricultural production, local residents mainly grow rice, maize, cassavas, but as the farming method of local people is still outdated with traditional farming techniques being widely used, poor access to knowledge and information, the farming productivity is very low and product values are poor. Total whole commune food output in 2008 was 2,400 tons. It is the under-developed techniques that the breeding of local people is not commercially oriented but solely for self-consumption or bartering among local households, with no single household implementing large-scale breeding programmes (farmhouse). Currently, total cattle and poultry of the entire commune are: buffalos: 599, bulls: 588, pigs: 12,527, goats: 215, poultry: 12,527. Diseases infected to cattle and poultry on a regular interval cause serious troubles to economic life of local people and hence the big concern for local government at the moment. Cultivating and breeding are still main sources of income of the people in the commune, except for some cases where cadres can have irregular income and several households can make extra earnings through small business practices. The forest protection of local people is pretty good. Currently, in the whole commune, nearly 100% of households have been assigned with autonomy the tasks of planting and protecting forests with total area of 3,639.2ha. Commerce and service industries start to emerge in the local area but their scope is still limited, mainly catering for necessities and foodstuffs (there are about 20 households and entities). The buying and selling market has not taken full shape, in most cases people trade for products with one another. Other food products are purchased by businesspeople using negotiation approaches. 25 Currently, the electricity has been brought to 100% households of Dong Chum commune despite regular electric cuts in the whole commune or alternate cuts among villages and hamlets. The traffic in the commune and across communes is quite convenient, although there are some very rough roads especially in rainy and flooding seasons. According to statistics of Da Bac BOET, in the entire Dong Chum commune, the proportion of school- age children attending schools is 100% and only 1.5% of students who drop out in midway. The number of pre-school students is 155 divided into 5 classes; the number of primary students is 250 divided into 9 classes. The number of lower secondary students is 185 divided into 6 classes; The number of illiterate local residents is 50; the number of non-Vietnamese speaking people is 30. The traditional customs and practices have still been maintained along the current life of local people. 4.2. Socio-economic Profile of Affected Persons The total number of affected households in the subproject is 27 who are all Tay EM people (with 167 people) living in two villages: Co Phung and Nhap 1. The socio- economic surveys have been conducted with all (100%) affected households, mainly through qualitative methods (16 in-depth interviews/survey of socio-economic parameters of the relevant households; 6 focus group discussions- 3 group discussions in Co Phung village and the other three in Nhap 1 village; and 5 community consultation meetings in Co Phung village and the other three in Nhap 1 village) Representatives of women's associations, farmers' association, village leaders, commune leadership, fatherland, some affected and unaffected households participate in in-depth interviews; focus group discussions have been conducted in two villages with participation of leader and vice-leader of the relevant villages, representatives of women's associations in the two respective villages and the whole of affected households. Also, there are community consultation meetings held in the two villages with participation from leadership of Da Bac District Resettlement Compensation Council, representatives of commune authority, of project owner, and local ordinary people in Co Phung village... all of which have helped in collecting socio-economic data of affected persons in an accurate and full manner. The attached annexes include: Annex 10 (in-depth interview); Annexes 5, 6, 7, 8, 9, 10 (minutes of community consultation meetings). The socio-economic data which has been analyzed and interpreted shows the income structures of affected households as follows: Primary income Agricultural farming (food crops, Accounting for 53.8% of total fruit trees, long-term trees) income Breeding (fish, cattle and poultry) Accounting for 20.5% of total income Subordinate Hired working Accounting for 16.7% of total income income Small business Accounting for 9% of total income 26 At the moment, the commune is being provided with poverty alleviation policies by the State such as the Programmes 135 and 472. The per capita income of affected households in 2008 was 9,126,000 VND per annum (below poverty standard). On average, each household has 6 members and 21 out of 27 households are poor. The main causes for the poverty are (i) outdated farming and breeding customs (91%), (ii) lack of investment capital (88.7%), (iii) regular and persistent diseases (83.7%), and (iv) lack of market information and labor resources (54%). Different types of primary food crops of affected households include: Number of households growing rice 100% Number of households growing maize 88.2% Number of households growing cassavas 68.5% Rice and maize are key food crops that bring the primary income to the affected households, with average per capita food output of 829.5 kg/year. The average area of cultivated land per household is 1.45ha and there are lots of land that can be reclaimed. Other types of crops/trees: Bamboo trees 74.2% of households currently growing Palm trees 62.8% of households currently growing Tea trees 37.1% of households currently growing Persimmon trees 25.7% of households currently growing Banana trees 100% of households currently growing In addition, households grow fruit trees such as persimmon trees, jackfruit trees, custard- apple trees, longan trees... As regards the breeding practices of affected households, they raise lots of types of cattle and poultry and the most common way as yet is to free animals in the field without locking them into cages. There is no single household that raises animals in a commercially oriented manner but solely for self-consumption or trading for necessities. Due to the fish- raising movement over the last three to four years, lots of affected households have had their fish ponds (15 out of 27 households) with average area of 500 to 650m2 each, of which 4 households have their total fish-raising areas of between 800 and 1150m2, but due to lack of knowledge, experiences and market information, the economic efficiency has not by far high. Buffalos 57.1% of households currently growing raising Bulls 45.7% of households currently growing raising Pigs 71.7% of households currently growing raising In-pond fish 76.9% of households currently growing raising Goats 37.1% of households currently growing raising Chickens 100% of households currently growing raising Of affected households, 6 households are currently raising 3 buffalos, 4 raising 3 bulls, 12 raising 4-5 pigs. 27 Domestic equipment of affected households include: Motorbike 22.8 % (8/27 households) TV set 23.6 % (9/27 households) Telephone 34.2 % (12/27 households) Radios 40% (14/27 households) Cookers 14.2 % (5/27 households) Water pumps 8.5 % (3/27 households) 100% of affected households use electricity. Most of local people use firewood for cooking and warming and very few use coal and gas. Currently affected households frequently use rain water and well water for their daily living activities and some of them take water from spring using pipe for domestic use. In the project area, the average age of heads of households is 48.5, of whom 97.4% is male. 6/35 of households heads have 12/12 qualifications; 13/35 have finished from grades 7 to 9; and the remaining 16 heads of households have lower than grade 7 qualification. There are 4 heads of households who are cadres of villages and communes while all other heads do the farming. All heads can communicate in general language, Kinh. 45.7% of heads of households leave communes on a monthly basis, 35.7% leaves communes on monthly basis, mostly to visit their relatives and purchase production and consumption equipment. Heads of households and family members have close relationships with the outside society. The sanitation conditions have not been paid attention to, with some having "normal" toilets and a limited number of more wealthy households building closed toilets, due to economic constraints, while most of others are just temporary with palm leaves around or bamboo screens, which are unpleasing to the eyes, subject to low sanitation conditions and higher risks of diseases. According to the next year's development plan, the commune government strives to expand the cultivated land to 1.85ha per household (compared to current level of 1.44ha) with an aim to improving food output from 3.85 tons per household to 4.34 tons per household. At the same time, it will strive to develop large flocks of animals and poultry using farmhouse model. 28 V. COMPENSATION AND ASSISTANCE 5.1. Compensation Cut off date: the date that is used for inventorying losses as a result of Dong Chum 2 Hydropower Plant to accommodate the compensation computations is October 11, 2009 (the completion date of the detailed measurement survey of affected households). This date is widely informed to the relevant villages and affected households one week in advance with two aims: (i) to allow for the householders and their members to take inventory of losses together with Da Bac District Resettlement Compensation Council, and (ii) to confirm with local community a reality that after this date those who come and live in the project area or any arising assets that are affected (trees and crops...) will not be compensated. Replacement cost ­ Market survey on prices of land, crops (of various types), fruits, vegetables, land structures, labor power cost, cost of construction materials ...in the affected area and surrounding area has been conducted by a group made of representatives of bidder, farmers' association and women's association, Da Bac District Resettlement Compensation Council and representatives of 6 householders representing 27 affected households. The survey findings show that, currently in the affected area there has been no market price, and local people have not traded land, houses or crops (in most cases, local households give their children part of their lands, houses when they get married). Therefore, the unit cost for compensation for land and its assets is determined based upon Decision No. 41/2009/QD-UBND, dated 28 December 2009 of Hoa Binh PPC, regulating on compensation, assistance and resettlement upon land acquisition by the State within Hoa Binh province (This Decision is based on the Decision No. 69/2009 of the Central Government). The cost frame has been discussed with affected households which show that the said cost is reasonable for the investment level on land (including caring cost) and has been completely agreed upon by representatives of affected households. As regards natural forest land, as indicated earlier, this is the poor forest land with low economic value. However, as approved by the Da Bac District Resettlement Compensation Council and commune authority, the investor has planted a replaced forest area in the upstream region sizable to the acquired forest land and the same has been handed over to commune authority, so that the investor will not have to make compensation in cash for this forest area. The unit cost for compensation is widely disseminated in the community consultation programmes and unanimously agreed upon by all affected households. There are 5 steps in the compensation procedure as shown below: 1. Applying the cost table that has been agreed by affected persons to the loss inventorying results (this must have been deemed correct and true by affected households). 29 2. Disseminating results of cost-applied compensation for each single household to the general public. 3. Submitting to the Da Bac DPC for approval (compensation options). 4. Disseminating the compensation option approved by Da Bac DPC. 5. Implementing compensation in the community. Loss-inventorying was conducted in October 2009 and the implementation of compensation is expected to be in August 2010. The estimated costs for compensation by types of impacts are as follows: Table 7: Compensation Costs for Various Types of Impacts Type of Impact Quantity Unit Cost (VND/m2) Total (VND) 2 Permanently Affected land 2,753 m 61,280,000 2 Rice field land 2,000.0 m 25.000 50,000,000 1 2 Terrace field land 378.0 m 10.000 3,780,000 2 Fishpond land 375.0 m 20.000 7,500,000 2 Temporarily Affected land 7,931.9m 168,004,500 2 Rice field land 4,782.9 m 25,000 119,572,500 2 Terrace field land 756.0 m 10,000 7,560,000 2 2 Garden land 1,572.0 m 16,000 25,152,000 2 Fishpond land 721.0 m 20,000 14,420,000 2 Residential land 100.0 m 13,000 1,300,000 Affected crops and trees 1,950 trees 16,374,000 3 Affected crops and trees 1,950 trees Depending on types of 16,374,000 trees and their tenures Total compensation costs 245,658,500 5.2. Assistance provided for income restoration for affected persons In conformance with the Resettlement Policy Framework under REDP that has been approved, and based on outcomes of community consultation, assistance to income rehabilitation will be provided as follows: 1. Providing support in form of rice for the household with area of acquired land more than 10% of total cultivated land with the assistance by cash equivalent to 30kg rice/person/month, to all persons in the household within the period of six (06) months in accordance with local market price. Besides, this affected household will also receive assistance in form of vocational training for one member of the affected household by cash of 5,000,000 VND and assistance provided to stabilize life conditions of 1,500,000 VND. This household is also given priority to participate in development programmes held by international, national, or local entities; and to participate in fish-raising programmes run by investor (training on 30 fish-raising, assistance on digging pond with 1,000,000 VND and assistance to purchase fish seeds of 500,000 VND.) 2. The poor and affected households (disregard temporary or permanent impact on land) will be provided assistance of 1,500,000 VND each and to participate in fish- raising programmes run by investor if they want to. 3. Providing assistance to dig new ponds for 06 households with affected fish-ponds, with each household receiving an amount of 1,000,000 VND in order to dig ponds and 500,000 VND for purchasing fish seeds. 4. Providing bonus for those households who hand over their land in a timely basis as per regulations in the Resettlement Policy Framework under REDP. Table 8: Costs for implementing assistance Type of assistance Quantity of Unit cost Total assistance (VND) (VND) Providing assistance to severely affected 11,340,000 household 1 Providing assistance in form of rice 01 household (7 6 months x 30 11,340,000 persons) kg of rice Providing assistance to dig ponds and 12,500,000 purchase fish seeds and received fish- raising training 2 05 ponds 1,000,000/ 5,000,000 Providing assistance to dig ponds 05 households household 2,500,000 Purchasing fish seeds 27 households 500,000/ 5,000,000 Training household Providing assistance to vulnerable 31,500,000 households 3 Providing assistance to stabilize living 21 households 1,500,000/ 31,500,000 circumstances household Bonus 2,000,000 4 Bonus for timely land hand-over 1 household 2,000,000/ 2,000,000 household TOTAL 57,340,000 31 VI. COMMUNITY CONSULTATION AND PARTICIPATION FROM LOCAL PEOPLE 6.1 Community Consultation The close collaboration between investor, Da Bac District Resettlement Compensation Council, commune leaderships, representatives of farmer's associations, commune women's association is of utter importance. Investor has in collaboration with commune leaderships, representatives of farmer's associations, commune women's association and Da Bac District Resettlement Compensation Council conducted five community consultations with all affected households in two villages (Co Phung and Nhap 1 villages). Through such consultations, the investor together with relevant branches and sectors have shared with households to inform them of level of influence, likely positive and negative impacts, measures for mitigating negative impacts of the facility and plan for implementing relevant activities (inventory of loss, disseminating inventory results and compensation outcomes...). Also, the consultation included hearing expectations from local people from which effective and specific measures can be introduced to protect entitlements of the impacted people. Representatives of impacted households in the two villages and of mass organizations attend the consultation session. A matrix of entitlements and assistance and compensation policies can be printed and distributed to households and posted in head office of Dong Chum commune people's committee, at homes of village leaders and public water collection places in villages. The relevant stakeholders conduct the monitoring and evaluation of activities related to compensation and ethnic minority development such as damage and livelihoods development field surveys...They also assist to the impacted people in addressing concerns and complaints related to compensation and ethnic minority development based on agreed upon procedures. The affected people can seek for information on compensation policy at any time without waiting until information dissemination campaigns, acquire documents related to the project, assist local people during addressing complaints, conduct regular information exchange sessions, develop plans and assist the Da Bac District Resettlement Compensation Council and investor in conducting community consultations, inform Da Bac District Resettlement Compensation Council and investor in issues related to compensation and assistance that impacted people and community are interested in. The minutes of community consultation meetings are included in Annexes 5, 6, 7, 8, 9. 6.2. Participation from Local People During implementation of activities related to compensation and assistance, local community pro-actively and actively participated in the process. All heads of affected households, village leaders, representatives of social organizations participated in counting the damage and loss. Affected persons and community members of the two villages participated in developing the assistance programme for affected persons. The local community and affected persons also participated in monitoring implementing plan of activities agreed upon. 32 The Information Brochure on Dong Chum 2 Hydropower Plant has been briefly prepared and distributed to all affected households in the two villages: Co Phung and Nhap 1 ­ this is the basis for the community and affected persons to participate in different phases of the works. This brochure consists of 7 key sections, i.e. (1) introduction of the position of the Hydropower Plant; (2) impact and influence of the Hydropower Plant; (3) entitlements related to compensation and assistance the affected persons receive; (4) implementation plan of activities related to compensation, assistance and construction of works; (5) documents related to compensation, assistance under the Plant needed in the community and to be provided; (6) participation from local people; and (7) how local people lodge their complaints on problems related to compensation and assistance. This document is developed in form of question and answer in order to enable local people to understand the specific questions. Based on the Information Brochure on Dong Chum 2 Hydropower Plant, results of damage and loss inventory, implementation plan of compensation and assistance, the entitlement matrix and other materials related to compensation that are provided, the local community and affected persons will get directly and effectively involved in the monitoring activities of compensation, assistance under Dong Chum 2 Hydropower Plant. Da Bac District Resettlement Compensation Council has also convened meetings of relevant villages to inform them of the Dong Chum 2 Hydropower Plant. Additionally, the commune leadership has informed local residents in relevant villages of the said Plant, its potential impacts, especially the entitlement matrix. 6.3. Grievance Redressal Mechanism Grievance redressal mechanism is what has been specifically discussed with affected households by the Investor of Dong Chum 2 Hydropower Plant and Da Bac District Compensation Council. Grievance redressal mechanism is as follows: 1. If individuals or households or local community are not satisfied with the compensation, assistance practices or any other such issues related to compensation, assistance under the Dong Chum 2 Hydropower Plant, they can file direct complaints either in writing or orally with Dong Chum CPC. The CPC will address and respond to such complaints directly to the people who complained within 15 working days. 2. If in 15 days from the date of lodging complaint, the person who filed the complaints does not receive any response for his or her complaints, or she or he is not satisfied with such responses, then s/he can file complaints with Da Bac District Resettlement Compensation Council or ask the Da Bac District Resettlement Compensation Council to respond to the complaint. If in 15 days from the date of lodging complaint, the person does not receive any response for his or her complaints, or is still not satisfied with such responses, then he or she can file complaints with Da Bac District People's Committee. 3. If in 15 days from the date of lodging complaint, the person does not receive any response for his or her complaints, or is not satisfied with such responses from Da 33 Bac District People's Committee, then he or she can file complaints with Hoa Binh PPC. 4. If in 30 days from the date of lodging complaint, the person does not receive any response for his or her complaints, or is not satisfied with such responses from Hoa Binh provincial people's committee, then he or she can file complaints with the Administrative Court for addressing complaints in accordance with the laws. The complaint redressing procedure for affected persons has been described in the Information Brochure on Dong Chum 2 Hydropower Facility which has been distributed to affected persons in the community. To avoid the fact that the affected persons do not know whom to meet at commune, district, province level to address their complaints, the Document has provided exact names and addresses and telephone numbers of those people in charge of receiving and addressing complaints so that affected persons can have complaints effectively addressed. Affected persons will be exempt from all fees relating to administrative and legal procedures. Fees will also be waived for filing complaints with the court. All the complaint dossiers and redressal measures will be saved in the Dong Chum CPC and investor of the Dong Chum 2 Hydropower Plant. 34 VII. MONITORING AND EVALUATION 7.1. Internal Monitoring and Evaluation The internal monitoring and evaluation will be conducted once every month by investor of Dong Chum 2 Hydropower Plant. The investor will collaborate with various sectors and branches of the district, Dong Chum CPC, District Resettlement Compensation Council and social organizations to conduct monitoring and evaluation of the implementation of RP. The internal monitoring and evaluation will be conducted based on several indicators as follows: Table 9: Several basic indicators for internal monitoring and evaluation by the investor M&E areas Basic Indicators - The plan has been shared and exchanged with local community - The plan is in line with implementation and coordination 1. Implementation Plan for conditions of affected persons. Resettlement Activities - The plan is relevant to the progress of other activities. - Adequate human resources available to implement the plan - Sufficient funding for implementing the plan - Correct inventorying loss - Smooth progress of land acquisition and compensation implementation. 2. Compensation for land and - Simple compensation procedures crops and trees - Measures for reducing loss of land, crops and trees are properly taken (e.g. land acquisition upon harvesting, one-off compensation...) - Ensuring assistance and training are implemented in accordance with the approved entitlement matrix. 3. Assistance and training - Smooth progress of compensation implementation - Simple compensation procedures and one-off compensation. - The affected households/community/commune government/mass organizations are provided with full information on compensation and assistance policies, implementation plan 4. Dissemination of information and grievance redressal mechanism. to the local community - The affected households/community/commune government/women's organizations are to participate in relevant activities, especially monitoring of implementation of compensation and assistance activities. Affected households and community have a clear understanding 5. Grievance Mechanisms of the grievance mechanism. - District Resettlement Compensation Council, commune-level 35 M&E areas Basic Indicators social organizations and commune people's committee have a clear understanding of grievance mechanism and are able to assist affected persons in implementing such mechanisms. The internal monitoring and evaluation report as regards RP will be submitted to Da Bac District People's Committee, Department of Trade and Industry of Hoa Binh on a quarterly basis and to the Hoa Binh Bank for Investment and Development on a regular basis. As regards internal monitoring and evaluation, the local authority, especially the Da Bac DPC will also conduct the monitoring and evaluation of compensation, assistance to ensure that the land acquisition is performed in accordance with approved scheme, whereas local residents receive compensation, assistance as per approval, and the information dissemination is properly performed by Investor and District Resettlement Compensation Council, local people participate in compensation activities and their life is rehabilitated and developed, the grievance redressal mechanism is properly conducted, and community consultation activities are implemented by investor and District Resettlement Compensation Council. The Hoa Binh Bank for Investment and Development will also conduct independent monitoring and evaluation to see if requirements of subprojects are complied with or not. 7.2. Independent Monitoring and Evaluation The independent monitoring and evaluation agency will be invited to conduct independent checks, monitoring and evaluation as regards the implementation of RP. The independent monitoring and evaluation will be conducted on an annual basis, except for the first stage when it is possible to conduct independent monitoring and evaluation twice a year. The independent monitoring and evaluation will focus on reviewing progress indicators and sustainability indicators, drawing experiences and suggesting measures for improving quality and efficiency of the implementation of compensation and assistance. 36 VIII. REPORTING Investor of the Dong Chum 2 Hydropower Plant will submit RP to the Da Bac DPC and the World Bank through Hoa Binh Bank for Investment and Development for review and approval. Upon approval, the investor of the Dong Chum 2 Hydropower Plant will submit the progress report on a quarterly basis regarding the implementation of RP to the Da Bac DPC and Department of Trade and Industry of Hoa Binh. This quarterly submission of report will be finished when all activities set forth in the RP are completed and finalized. 37 IX. IMPLEMENTATION PLAN The Resettlement Plan will be implemented in accordance with the following schedule: Activities 2009 2010 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Community Consultations Inventorying of Loss Developing Income Rehabilitation Programme Implementation of compensation Implementation of Income Rehabilitation Programme Independent monitoring and evaluation 38 X. IMPLEMENTATION COSTS Total estimated cost for implementing the RP of the Dong Chum 2 Hydropower Plant is 330,260,150VND, broken down as follows: Table 10: Total estimated cost for implementing the RP of the Dong Chum 2 Hydropower Plant Costs No. Items (VND) 1 Compensation costs 245,658,500 2 Assistance and implementation of income rehabilitation 57,340,000 programme 4 Implementation of compensation and assistance (2%) 6,100,000 5 Independent monitoring and evaluation 5,000,000 6 Cost contingency (10%) 31,000,000 345,098,500 Total The District Resettlement Compensation Council will in collaboration with local community and affected persons develop the detailed implementation plan for specific activities related to compensation and assistance. Based on this detailed implementation plan, the cost will be transferred from the investor to the Da Bac District Resettlement Compensation Council for the implementation of compensation and assistance activities. 39 APPENDIXES Appendix 1: Permanently impacted area of each household (Dong Chum commune, Da Bac district, Hoa Binh province) Name of Address Area of The The area The The area The households who agriculture residual of pond residual of swidden residual have land affected land area of acquisited area of farming area of acquisited agricultu (m2) pond land swidden (m2) re land (m2) acquisited farming (m2) (m2) land (m2) 1 Xa Vn Công Nhap 1 2.000 24.600 375 200 378 5.500 village 40 Appendix 2: The area of temporarily impacted land per households (Dong Chum commune, Da Bac district, Hoa Binh province) Name of Address Impacted Impacted Impacted Impacted Impacted Total 2 Order households area of area of area of area of area of (m ) who have paddy fish pond garden swidden residential land rice land (m2) (m2) farming land (m2) impacted (m2) land (m2) 1 Xa vn Co Phung 113,6 113,6 Thành village 2 Xa vn " 41,7 126 167,7 Ki n 3 Xa vn Lái " 99,2 99,2 4 L ng vn " 136,4 136,4 An 5 Xa vn Chi " 82,2 82,2 6 Vi vn " 1.246,7 162 1.408,7 Thón 7 L ng vn " 1.566.6 726 2.292,6 Xuyên 8 Vi vn Ten " 18,6 100 118,6 9 L ng vn " 210 143 82 435 Phón 10 Xa vn " 100 100 Sáng 11 Xa vn " 60 60 Ch m 12 Xa vn " 56 56 Ch ng 13 Xa vn Lái " 34 34 14 Xa vn " 112 112 Chuy n 15 Vi vn L a " 70 70 16 L ng vn " 99,2 99,2 An 17 Xa vn " 175 + 7 182 Ch ng 18 Xa vn " 140 140 Cng 19 Xa th D m " 20 322 342 20 L ng vn " 168,7 168,7 H t 41 Name of Address Impacted Impacted Impacted Impacted Impacted Total 2 Order households area of area of area of area of area of (m ) who have paddy fish pond garden swidden residential land rice land (m2) (m2) farming land (m2) impacted (m2) land (m2) 21 Xa vn Th " 300 518 818 22 Vi vn " 238 238 Phng 23 Xa vn NhapVillage 326 326 Mong 24 Xa vn " 165 165 Hùng 25 Xa vn " 140 140 Tâm 26 Xa vn " 72 72 Th o Total 4.782,9 721 1.572 756 100 7.931,9 42 Appendix 3: Impacted trees, crops of each households (Dong Chum commune, Da Bac district, Hoa Binh Province) Name of households Fruit Bead Palm Tea Luong Buong Total Address trees (tree) (tree) (Tree) (Bamboo (Bamboo (tree) family)(Tree) family)(Tree) 1 L ng vn Phón 2A 10 10 2 Xa vn Sáng " 16 20 10 46 3 Xa vn Ch ng " 10 10 4 Xa vn Cái " 15 15 5 Xa vn Chuy n " 6 6 6 Xa vn Ki n " 6 60 150 216 7 L ng vn Xuyên " 17 100 117 8 Vi vn Ten " 12 12 9 Vi vn Thón " 6 6 10 Xa vn Ch c " 10 6 10 80 106 11 Xa vn Th " 16 119 135 12 Vi vn Phng " 18 20 37 75 13 L ng vn Nh p " 9 20 29 14 Xa Thanh Xóm " 130 130 15 Lng xuân Tr c " 71 71 16 Xa vn Kem " 4 4 17 Vi vn Tim " 50 50 18 Xa vn Mong 2B 12 2 320 334 19 Xa vn Muông " 100 100 20 Xa vn Hùng " 20 20 21 Xa vn Tâm " 6 2 8 22 Xa vn Th o " 135 135 23 Xa vn Công " 20 10 30 24 Xa vn M n " 285 285 T ng c ng 150 68 286 100 1.326 20 1.950 43 Appendix 4: Minute of the community consultative meeting on compensation and assistance policy, phase 1 THE SOCIALIST REPUBLIC OF VIET NAM Independence ­ Freedom ­ Happiness -------------------- Hoa Binh, 18 June 2008 THE MINUTE OF THE COMMUNITY CONSULTATIVE MEETING WITH CO PHUNG VILLAGE AND CO NHAP 1 VILLAGE FOR THE FIRST PHASE on construction investment of Dong Chum 2 hydropower project Today, at 9:30 am on 18 June, 2008, a meeting was hosted by project holder, Hoang Son energy investment and construction joint stock company with participation of local authorities and people in the project area (Dong Chum commune) on "community consultative meeting on construction investment to Dong Chum 2 hydropower construction project". Participants: Representatives of compensation and site clearance committee of Da Bac district ­ Hoa Binh province: Mr Dinh Cong Thieu Chairman of compensation and site clearance Committee of the district Mr Quach Cong Phan Inventory officer Mr Ha Van Hung Inventory officer Representatives of the local authorities of Dong Chum commune, Da Bac district ­ Hoa Binh province Mr Xa Thanh Xom Chairman of CPC Mr Luong Van Phon The commune Party secretary Mr Xa Van lai Officer of agro-forest, transportation ­ irrigation of the commune Mr Xa Van Luong Cadastral officer of the commune Mr Xa Van Cuong Co Phung village leader Mr Xa Van Bun Nhap 1 village leader Representatives of project holder: Hoang Son energy investment and construction joint stock company. Mr Nguyen Nam Chung The company manager 44 Mr Nguyen Huy Vinh Vice-director of project management department Mr Dinh The Thanh Officer of planning department Content of the community consultative meeting: 1. The project holder presented scope of Dong Chum 2 small hydropower plant: the capacity of the powerhouse: 9.0 MW, contribution to electricity network 35kv, the powerhouse would contribute electricity productivity about 32.65 million of KWh per year including the following key components: - Barrier: 02 barriers, one barrier with 7.5 meter height to control water level of Chum stream and the other barrier with 19.5 meter height to control water level of Nhap stream. - Diversion Chanel: a Chanel with 3 km length on the left side of Chum stream, a Chanel with 2 km length on the right side of Nhap River. - The power house location is about 3km far from Nhap A stream toward the up stream site, near the stream junction of the two streams. - All the area of the project is presented in the planning map. 2. Estimated advantage and disadvantage impacts of the projects: - Mr Dinh Cong Thieu, the representative of compensation and clearance Committee of Da Bac district said: The project will contribute to improve transportation system in the area to facilitate progress of productions, exchanges, traffic of the local people as well as to improve their living standard and minimise gap of economy, culture among people in different areas of the project. - Mr Luong Van Phon, the commune Party secretary said: the plant will contribute a stable, clean energy source to promote penetration of electricity in rural area, increase productions, improve living standards of local people and gradually contribute to social-economic development of Dong Chum commune in particular and of Da Bac district in general. - Ms Xa Thi Dom representative of Co Phung people spoke out her worries: The construction project will trouble people's lives, crown traffic will cause pollution with dust and smoke. - Mr Xa Van Tam, representative of Nhap 1 village said: the project holder should commit to guarantee that their truck would not load overweight or drop rubble construction on the way from mine of Nhap 1 village to construction camp (recently, the access road from rock mine to main road is badly broken due to overloaded trucks. 3. Particular impacts on land and crops: 45 - Mr Quach Cong Phan, the representative of compensation and site clearance Committee of Da Bac district said: the construction project requires land acquisition of 40.73 hectare, including residential land, arable land of local people. This is the reserve impacts of every hydropower construction or irrigation construction. The project holder should associate with local authorities to prepare program of compensation, assistance to mitigate impacts on affected people. - Mr Nguyen Huy Vinh said: reserve impacts on nature environment (soil, water, air..) and society in the project area are limited in small area (construction site), the impacts do not happen for long time (2 years). To reduce reserve impacts, the construction holders commit to control rubble, waste (solid waste disposal, liquid waste...) of construction works or daily activities in construction area. Regulations constructing, environment sanitation, labour safe should be strictly implemented. Advance construction machines are used to minimize reserve impacts on nature environment. The construction holder commit not illegally use chemical or micro-organism banned in the law of Viet Nam Government and in regulations of International Convention including Viet Nam as member country. 4. Estimated compensation price unit and methodologies of compensation: - Mr Dinh Cong Thieu, the representative of compensation and site clearance Committee of Da Bac district has related document of compensation, clearance assistance such as : the decree 181/ND-CP dated 29 November, 2001 by the Government on land law implementation; The Decree number 84/2007/ND-CP on 25 May, 2007 by the Government additionally regulated on issuing Land use certification, land acquisition, land use right implementation, procedures, progress of compensation, assistance, resettlement when the Government acquires land, The Governmental Decree 197/2004/ND-CP on December 3rd, 2004 and Circular No 116/2004 TT-BTC dated December 07, 2004 approved by Finance Ministry guiding implementation of the Government Decree No 197/2004/ND-CP on compensation and resettlement for Government's land acquisition Government's Decree No 188/2004/ND-CP dated November 16, 2004 on methods of determining land prices and land price frame and Government's Decree No 123/2007/N-CP dated June 27, 2007 amending and supplementing a number of articles of Decree 188/2004/N-CP; Decision No 12/QD-UB dated June 12, 2006 by the People Committee of Hoa Binh province on issuing compensation pricing unit in the area of Hoa Binh province - Decision No 42/2005/Q-UB dated September 30th, 2005 by the People's Committee of Hoa Binh Province on compensation, support, and resettlement for Government's land acquisition in the area of Hoa Binh province; Decision No 13/2006/Q-UBND dated August 1, 2006 by the People's Committee 46 amending and supplementing a number of regulations of compensation, support and resettlement for Government's land acquisition and Decision No 42/20 05/Q-UBND by the People Committee dated September 30, 2005; Decision No25/2007/Q-UBND dated December 31, 2007 by the People's Committee on issuing land pricing unit in 2008 in the area of Hoa Binh province; Decision No 31/Q-UBND dated January 11, 2008 by the People's Committee of Da Bac district on issuing land marks of diffirent area, areas of residential land, non-agriculture production land, and agriculture land of Da Bac district in 2008 - Mr Ha Van Hung, representative of compensation and site clearance committee of Da Bac district agreed with the compensation and resettlement plan, confirmed day of inventory, day of disclosuring inventory results, day of compensation payment and cut off date 5. Plan of ethnic minority development: - Mr Xa Thanh Xom said they expected the construction holder would creat employment for local people, especially for ethnic people to reduce rate of unemployment in the area. - Mr Nguyen Nam Chung confirmed that as soon as the powerhouse operates, a huge contribution to local buget will be made from the resource of water resource tax imposed. The project holder would give priority to local people to work for development projects of the company on: aquatic product in reservoir, afforestration hills, protect up stream forest, ecological travel... and machine operating. Agreement of the meeting: - All participants agreed with content of the investment plan to construct Dong Chum 2 hydropower plant project. - All people of the two villages, Co Nhung and Suoi Nhap village 1 acknowledged that impacts were not reserve and their livelihood was not impacted; - All households agreed with compensation rate and methods of compensation - All people agreed with proposals of income restoration by methods of supporting and assistance programs - People acknowledged how they could participate in implementation of compensation and resettlement; - People understood the progress of grievance redress, reclaimation - People learned steps of compensation implementation, resettlement, however, they would like to know particular schedule of compensation and resettlement to prepare themselves actively; 47 - Local authorities commit to associate closely with project holders to carry out activities of compensation implementation, administrative management to minimize impacts on nature environment and social-economic situation in the area. - The project holders commit to arrange suitable employment for local people in the construction area. Young local people, after having graduated from high school, can be trained to operate machines in the powerhouse if they have demand of working for the powerhouse The meeting ended at 11:30 am of the day, this minute was read and approved in the venue. Signed: Representatives of compensation and site clearance Committee of Da Bac district ­ Hoa Binh province Mr Dinh Cong Thieu Mr Quach Cong Phan Mr Ha Van Hung Representatives of project holder: Hoang Son energy investment and construction joint stock company: Mr Nguyen Nam Chung Mr Tran Khac Dinh Mr Nguyen Huy Vinh Mr Dinh The Thanh Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh Province Mr Xa Thanh Xom Mr Luong Van Phon Mr Xa Van Lai Mr Xa Van Luong Mr Xa Van Cuong Mr Xa Van Bun 48 Appendix 5: Minute of the community consultative meeting on compensation policies, for the 2nd phase THE SOCIALIST REPUBLIC OF VIET NAM Independence ­ Freedom ­ Happiness ------------------------ Hoa Binh, 2 August, 2008 MINUTE OF CONSULTATIVE MEETING WITH CO PHUNG PEOPLE FOR THE SECOND TIME On the implementation of compensation and clearance Participants: Representatives of compesation and site clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Vice-chairman of compensation and site clearance Committee of Da Bac district Mr Quach Cong Phan Inventory officer Mr Ha Van Hung Inventory officer Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom chairman of the commune People's Committee Mr Xa Van Lai Officer of agro-forest, transportation, irrigation of the commune Mr Xa Van Luong Cadastral officer Mr Xa Van Cuong Co Phung village leader Representative of community based organizations: Mr Luong Van Phon Communal Party secretary Representatives of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung Manager Mr Nguyen Huy Vinh Vice-director of project management Department Mr Phung Viet Cuong Technical officer And all people of Co Phung village in the impacted area in the name list (Appendix 1). 49 Content of the community consultative meeting: - Mr Nguyen Huy Vinh announced results of photography survey and statistic of acquisited land in Dong Chum 2 A: · The area of reservoir responding to the regular water level of 383 meter at 1,07 ha including arable land 0.01 ha; forest land 0.7 ha and 0.36 ha of stream land; · The area of energy line takes place of 18.3 hectare of agriculture land; · Area of factory and pressure pinelines takes place of 3.1 ha. In which, there is no area of arable land, forest land 2.86 hectare, 0.24 hectare stream land. · The area of operational road takes places of 1.15 ha. In which, there is no area of arable land, forest land 1.0 hectare, stream land 0.15 ha; - Mr Quach Cong Phan: representative of compensation and site clearance Committee of Da Bac district announced: regulations of compensation, inventory methods, base of pricing compensation and supporting in compliance with Govermental regulations; - Mr Luong Van Phon, representative of Co Phung village said: There were some households in the village could not read or write fluently. So, when activities of inventory were carried out, commune cadastral officers, agroforest-trasnsportation- irrigartion officer, village leader or deputy village leader should help these people and guarantee objective situation. - Mr Dinh Cong Thieu suggested the inventory day on 25 July 2008, starting from the house of Mr Xa Van Thanh and he also encouraged compensation and site clearance Committee, people to participate fully and on schedule. The results would be promulgated to all people and exposed in public area. The compensation and site clearance Committee would continue next activities in 10 days later. People should pay attention that after the meeting, temporarily they should not chop down or add more tree in the area, they could harvest their crops as regular. Agreement in the meeting: - All people agreed with the content and suggestion of the meeting - All people in Co Phung village acknowledged statistic data and methods of inventory; - All people acknowledged the particular schedule of inventory and affirmed that they would participate inventory activities with inventory officers in their household; - The local authorities committed to associate closely with project holder to facilitate compensation implementation explicitly. - The project holder commits to associate with relevant agencies to promote progress of compensation, land clearance and to minimise loss of crops and land. 50 - The meeting ended at 11:30 on the day and this minute was read out and agreed by all participants in the venue. There were not any additional opinions. Signed: Representative of compensation and site clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Mr Quach Cong Phan Mr Ha Van Hung Representative of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung Mr Nguyen Huy Vinh Mr Phung Viet Cuong Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom Mr Xa Van Lai Mr Xa Van Luong Mr Xa Van Cuong . 51 List of representatives of households in Co Phung village participated in consultative meeting on 02 August, 2008 Order Representative of households Signed Note 1 L ng Vn Phón 2 Xa Vn Sáng 3 Xa Vn ch m 4 Xa Vn Ch ng 5 Xa Vn Lái 6 Xa Vn Chuy n 7 V́ Vn L a 8 L ng Vn An 9 Xa Vn Tr ng 10 Xa Vn Cng 11 Xa Vn Tr ng 12 Xa Vn Ki n 13 Xa Th D n 14 L ng Vn Xuyên 15 Lng Vn H t 16 V́ Vn Ten 17 V́ Vn Thón 18 Xa Vn Ch c 19 Xa Vn Th 20 V́ Vn Phng 21 L ng Vn Nh p 22 Xa Thanh Xóm 23 L ng Xuân Tr c 24 Xa Vn Ken 25 V́ Vn Tim 52 Appendix 6: Minute of community consultative meeting on compensation, assistance policies for the 3rd phase THE SOCIALIST REPUBLIC OF VIETNAM Independence ­ Freedom ­ Happiness ----------------- Hoa Binh, 08 August, 2008 MINUTE OF COMMUNITY CONSULTATIVE MEETING WITH PEOPLE IN CO PHUNG VILLAGE FOR THE 3RD TIME On the implementation of compensation and site clearance Participants: Representatives of compesation and site clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu vice-chairman of compensation and site clearance Committee of Da Bac district Mr Quach Cong Phan inventory officer Mr Ha Van Hung inventory officer Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom chairman of the commune People's Committee Mr Xa Van Lai officer of agro-forest, transportation, irrigation of the commune Mr Xa Van Luong cadastral officer Mr Xa Van Cuong Co Phung village leader Representative of community based organization: Mr Luong Van Phon Communal Party secretary Representative of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung Manager Mr Nguyen Huy Vinh Vice-director of project management Department Ms Trinh Thi Thom Accountant 53 And all people of Co Phung village in the impacted area in the name list (appendix 1). Content of community consultative meeting: - Mr Nguyen Huy Vinh announced the results of inventory in the impacted area of Co Phung people and people's opinions collection. - Mr Ha Van Hung explained how to measure and calculate the area of complex figure plots of land. He also worked out the area of Mr Vi Van Thon by diffirent formulas and the results were not diffirent. - Mr Luong Van Xuyen said his four banana trees were mis-included to Mr Luong Van An area. Mr An reconfirmed this problem, the compensation and site clearance Committee amended information of this case. - Ms Trinh Thi Thom collected opinions of compensation, methods of compensation, resettlement and disclosure plan of compensation payment, resettlement implementation and methods of imcome restoration Agreeement result from the consultative meeting: - All participants agreed with result of loss inventory and confirmed its' accuracy. Mr An and Mr Xuyen agreed with amendment to the four banana trees. - People of Co Phung village comprehensively agreed with compensation price, methods of compensation and resetllement. - All people agreed with plan of compensation payment and the payment date was confirmed on October 11, 2008, the revenue of payment was in the People's Committee of Dong Chum commune. People affirmed that they would come on schedule to receive their compensation and to implement measures of imcome restoration. - The local authorities committed to handover land marks and land use right as soon as compensation payment was comprehensively made. The meeting ended at 11:30 on the day, this minute was read and agreed by all participants in the meeting, there was not any additional opinions then. Signed: Representatives of compesation and clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Mr Quach Cong Phan Mr Ha Van Hung Representatives of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung 54 Mr Nguyen Huy Vinh Ms Trinh Thi Thom Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom Mr Luong Van Phon Mr Xa Van Lai Mr Xa Van Luong Mr Xa Van Cuong 55 Appendix 7: Minute of community consultative meeting on compensation and support policies for the 4th phase THE SOCIALIST REPUBLIC OF VIET NAM Independence ­ Freedom ­ Happiness ------------------- Hoa Binh, 02 August, 2009 MINUTE OF COMMUNITY CONSULTATIVE MEETING WITH PEOPLE IN NHAP 1VILLAGE FOR THE 2ND TIME On the implementation of compensation and clearance Participants: Representatives of compensation and site clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Vice-chairman of compensation and site clearance Committee of Da Bac district Mr Quach Cong Phan Inventory officer Mr Ha Van Hung Inventory officer Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom Chairman of the commune People's Committee Mr Xa Van Lai Officer of agro-forest, transportation, irrigation of the commune Mr Xa Van Luong Cadastral officer Mr Xa Van Bun Nhap 1 village leader Representative of community based organization: Mr Luong Van Phon Communal Party secretary Representatives of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung Manager Mr Nguyen Huy Vinh Vice-director of project management Department 56 Mr Dinh The Thanh Officer of planning Department And all people of Co Phung village in the impacted area in the name list (Appendix 1) Content of community consultation: - Mr Nguyen Huy Vinh promulgated planning map of the construction, results of potography survey and caculated figures of acquisited land of Dong Chum 2B line: · The area of the reservoir responding the regular water level 383 meter is about 3.31 hectare. In which, arable land 0.21 hectare, forestland 1.93 hectare and stream land 1.17 hectare · The area of construction headwork takes place of 2.47 ha including 0.05 ha of arable land, 1.26 ha of forestland and 1.16 ha of streamland. · The area of energy line takes place of 9.2 ha, total of the area is forest land. · The area of powerhouse and pressure pinelines takes place of 1.5 hectare. The area includes 1.32 hectare of forest land, 0.18 hectare of stream land. Arable land is excluded from the area. · The operational land takes places of 1.36 hectare including 1.32 hectare of forest land, 0.15 hectare of streamland. Areable is excluded - Mr Ha Van Hung, representative of compensation and site clearance Committee of Da Bac district announced regulations of compensation, methods of inventory, basis of compensation pricing and supporting in compliance with Govermental regulations. - Mr Luong Van Phon requested communal authorities and VietNamese Fatherland Front of the commune to participate in activities of loss inventory and monitoring works of land clearance. - Mr Xa Van Cong suggested allowing people to cultivate and harvest short term crops on the acquisited land where constructions activities were not yet started. People committed to return the area to the project holder to build up and they themselves would take any risks if crops were not harvested yet. - Mr Quach Cong Phan suggested the inventory date on 25 July 2008, household of Mr Xa Van Thanh would be the first household to start inventory work, the compensation and site clearance Committee and people were encourage to participate on schedule. The results would be promulgated to all people and explored in public area. The compensation and site clearance Committee would continue next activities in 10 days later. People in the area were suggestted not chopping down or add any tree on the area, they could harvest their crops as regular till land acquisition made and transferred to the project holder Agreement reached in the meeting: - All people agreed with opinions and content of the meeting 57 - All people of Nhap 1 village acknowledged statistic data and methods of inventory - All households acknowledged the schedule of inventory activities and affirmed that they would participate and facilitate the inventory works carried out on their area. - The local authorities committed to associate closely with project holder to implement compensation explicitly and to promote activities of project in soonest time. - The project holder committed to associate with relevant agencies to promote the progess of compensation and clearance which minimize loss of land and crops. The meeting ended at 11:30 am on the day and this minute was read and agreed by all participants in the meeting. There was not any additional opinion. Signed: Representatives of compesation and clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Mr Quach Cong Phan Mr Ha Van Hung Representatives of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung Mr Nguyen Huy Vinh Mr Dinh The Thanh Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom Mr Luong Van Phon Mr Xa Van Lai Mr Xa Van Luong Mr Xa Van Bun 58 Representatives of Nhap 1 households participated in community consultative meeting (02 August, 2009) Order Households' representatives Signed Note 1 Xa Vn Mong 2 Xa Vn Muôn 3 Xa Vn Hùng 4 Xa Vn Tâm 5 Xa Vn T ng 6 Xa Vn Công 7 Hà Vn M n 8 Xa Vn Thành 9 Xa Vn Ki n 10 Xa Vn Chí 59 Appendix 8: Minute of Community consultative meeting for the 5th time on compensation and supporting policies THE SOCIALIST REPUBLIC OF VIET NAM Independence ­ Freedom ­ Happniness ---------------------------- Hoa Binh, 12, October, 2009 MINUTE OF COMMUNITY CONSULTATIVE MEETING IN NHAP 1 VILLAGE FOR THE 3RD PHASE On implementation of compensation and site clearance Participants: Representatives of compesation and site clearance Committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Vice-chairman of compensation and site clearance Committee of Da Bac district Mr Quach Cong Phan Inventory officer Mr Ha Van Hung Inventory officer Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom Chairman of the commune People's Committee Mr Xa Van Lai Officer of agro-forest, transportation, irrigation of the commune Mr Xa Van Luong Cadastral officer Mr Xa Van Bun Nhap 1 village leader Representative of community based organization: Mr Luong Van Phon Communal Party secretary Representatives of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung Manager Mr Nguyen Huy Vinh Vice-director of project management Department Ms Trinh Thi Thom Accountant And all people of Co Phung village in the impacted area in the name list (appendix 1). Content of consultative meeting: 60 - Mr Nguyen Huy Vinh announced the results of compensation made in the impacted area of people in Nhap 1 village and people's opinions collected - Ms Trinh Thi Thom gathered opinions of compensation price, methods of compensation, resettlement and she also announced plan of compensation payment and measures of income restoration. - Mr Xa Van Mong complained that it was not clearly classified age of wooden trees. Therefore, his three bead trees were compensated equally to three smaller bead trees of his neighbour. - Mr Nguyen Nam Chung said, compensation price and construction norm were not particularly classified that made unequality in some special cases. Project holder and people would negociate to hand the problem. For wooden tree, bamboo, luong (bamboo family)... the project holder would pay compensation based on regulations of the Government but these trees would be used by household and not acquisted Agreement reached in the meeting: - All participants agreed with the results of the loss inventory and affirmed its' accuracy - All people in Nhap 1 village comprehensively agreed with compensation price, methods of compensation, resettlement. The explaination of Mr Chung was acceptable and his negotiation was agreed to apply. - All people agreed with compensation payment plan and set payment schedule on October 11, 2008. The payment would be made in venue of the People's Committee of Dong Chum commune. People confirmed that they would come on schedule to receive compensation and implement measures of income restoration. - The local authorities committed to hand over land mark and land use right as soon as compensation payments were made. - The meeting ended at 11:30 am on the day, this minute was read and agreed by participants in the meeting. There were not any additional opinions later. Signed: Representatives of compesation and site clearance committee of Da Bac district, Hoa Binh province Mr Dinh Cong Thieu Mr Quach Cong Phan Mr Ha Van Hung Representatives of project holder: Hoang Son energy investment and construction joint stock company Mr Nguyen Nam Chung 61 Mr Nguyen Huy Vinh Ms Trinh Thi Thom Representatives of local authorities of Dong Chum commune, Da Bac district, Hoa Binh province Mr Xa Thanh Xom Mr Luong Van Phon Mr Xa Van Lai Mr Xa Van Luong Mr Xa Van Bun 62 Representatives of Co Phung households participated in community consultative meeting (12 October, 2009) Order Households' representatives Signed Note 1 Xa Vn Mong 2 Xa Vn Muôn 3 Xa Vn Hùng 4 Xa Vn Tâm 5 Xa Vn T ng 6 Xa Vn Công 7 Hà Vn M n 8 Xa Vn Thành 9 Xa Vn Ki n 10 Xa Vn Chí 63 64