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Social Monitoring Report 3rd Independent Monitoring Report June 2016
VIE: Power Transmission Investment Program,
Tranche 2 – 220kV Cau Bong-Hoc Mon-Binh Tan
Transmission Line
Prepared by the Southern Vietnam Power Projects Management Board for the National Power
Transmission Corporation and the Asian Development Bank.
This social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
POWER TRANSMISSION INVESTMENT PROGRAM
TRANCHE 2
THIRD MONITORING REPORT
Independent Monitoring for
Resettlement
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 1
Abbreviations
ADB Asian Development Bank
AP (project) Affected Person
AH (project) Affected Household
CARB Compensation, Assistance and Resettlement Board
CARC Compensation, Assistance and Resettlement Council
CPC Commune People’s Committee
DDR Due Diligence Report
DMS Detailed Measurement Survey
DP Displaced Persons
DPC District People’s Committee
EMC External Monitoring Consultant
EMA External Monitoring Agency
EVN Vietnam Electricity
GoV Government
HH Household
IOL Inventory of Losses
LDFC Land Development Fund Centre
LURC Land Use Rights Certificate
NPT National Power Transmission Corporation
PPC Provincial Peoples Committee
REMDF Resettlement and Ethnic Minority Development Framework
ROW Right of Way
RP Resettlement Plan
SES Socio-Economic Survey
SPMB Southern Power Project Management Board
SPS Safeguard Policy Statement
USD United States Dollars
VND Viet Nam Dong
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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TABLE OF CONTENTS
PART A – GENERAL INFORMATION ..................................................................................... 5
I. OVERVIEWS ............................................................................................................. 6
1.1. Project Description ..................................................................................................... 6
1.2. Summary of Resettlement Plan .................................................................................. 8
II. OBJECTIVES AND INDICATORS OF MONITORING ................................................ 9
2.1. Objectives of independent monitoring for resettlement ............................................... 9
2.2. Foundations for activities of resettlement monitoring .................................................. 9
2.3. Monitoring indicators .................................................................................................10
III. APPROACHES AND IMPLEMENTATION OF THE THIRD MONITORING STAGE . 11
1.1. Approaches ...............................................................................................................11
1.2. Monitoring Methods ...................................................................................................11
1.3. Organization for implementation of the third monitoring stage ...................................12
1.4. Advantages and difficulties during the first monitoring stage .....................................13
PART B – RESULTS OF MONITORING ................................................................................ 14
1.1. Evaluation of implementing recommendations in the second monitoring report. ........15
1.2. Update the number of PAHs and scale of land acquisition ........................................15
1.3. Public consultation and information disclosure ..........................................................18
1.4. Detailed Measurement Surveys (DMS) .....................................................................22
1.5. Replacement Cost Surveys (RCS) ............................................................................23
1.6. Progress of compensation, assistance and resettlement activities ............................25
1.7. Progress of site clearance and deployment the construction activities ......................28
1.8. Implementation procedures for Compensation ..........................................................29
1.9. Compensation records ..............................................................................................30
1.10. Grievance Redress ...................................................................................................31
1.11. Institutional Capacity of Implementing Agencies . ......................................................32
PART C – CONCLUSIONS AND RECOMMENDATIONS...................................................... 33
I. CONCLUSIONS ....................................................................................................... 34
II. RECOMMENDATIONS ............................................................................................ 35
PART D – APPENDICES ....................................................................................................... 36
Appendix 1 – Information on the third monitoring actities ........................................................37
Appendix 2 - List of person who the Consultant met ...............................................................39
Appendix 3 – Forms of information collection and assessment ...............................................42
Appendix 4 – Questionair to collect information on site ...........................................................43
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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LIST OF TABLES
Table 1- Components of 220kV Cau Bong – Hoc Mon – Binh Tan TL ...................................... 7
Table 2 – Technical Specifications ........................................................................................... 7
Table 3 – The scale of land acquisition of the 220kV Cau Bong – Hoc Mon – Binh Tan
Branches TL ............................................................................................................................ 8
Table 4 – Number of AHs and Scale of survey form............................................................... 13
Table 5 - Update the project’s impacts at the monitoring ........................................................ 16
Table 6- Changes of No. of PAHs and scale of land acquisition ............................................. 16
Table 7– Detailed changes of scale of land acquisition for the foundations and ROWs.......... 17
Table 8– additional consultation activities during posting up the draft of compensation plan .. 20
Table 9 - Forms for publishing information of the project ........................................................ 21
Table 10 – Result relating to progress of DMS ....................................................................... 22
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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SUMMARY
Pursuant to the requirements specified in the terms of reference (TOR) for Consulting Service
for Independent Monitoring for Resettlement for the 220kV Cau Bong - Hoc Mon – Binh Tan,
The Independent Monitoring Consultant (hereinafter referred to as the Consultant) launched a
third monitoring in the project area (Duc Hoa District, Long An province and Cu Chi - TP.
HCM) from 20/06/2016.
During the monitoring, the Consultant worked with SPMB, Compensation, Assistance and
Resettlement Board of districts to collect the relevant information on the implementation of
compensation, support and resettlements for AHs following the monitoring and evaluation
indicators that develop in the inception report. As mentioned in detail in the first monitoring
report (August 2015) and second monitoring report (December, 2016), due to some problems
on procedures during determination of compensation prices for AHs in project area, Ho Chi
Minh People’s Committee did not issue the decision No. 6762/QĐ-UBND on approving plans
for land price adjustment coefficient to calculate compensation payment and allowances for
affected land for this project until 10th December 2015. At the third monitoring, the
implementation progress of compensation at locals as follows: (i) Cu Chi district: payment
compensation for affected households in Tan Thanh Dong commune, Tan Phu Trung and Binh
My commune in Cu Chi district has been basically completed. SPMB and CARB of Cu Chi
District Board has paid the compensation and support for 177 of 195 affected households,
accounted for 90.76%; (ii) Hoc Mon District: Hoc Mon People's Committee has approved
compensation plan on 27th May 2016 and issued decision on compensation for total 190/414
households (45.9%) and will pay in June 2016 households, 224 remaining households (54.1%)
will be completed and paid in July 2016; and (iii) District 12: Completed to post up draft of the
compensation plan. It is expected that the compensation for 359 affected households will be
approved and paid in June 2016. For Hoc Mon and District 12, construction activities are
implemented simultaneously with the compensation. SPMB and local authorities mobilized the
Ahs to receive an advance payment and hand over. Up to 20th June 2016, SPMB and local
authorities have paid an advance for 223 AHs in Hoc Mon district and District 12 with the total
payment of 57.989.223.000 VND inwhich Hoc Mon district: 184HHs (44.4%), 25.849.000.000
VND and District 12: 39HHs, 22.140.223.000 VND.
During the 3rd monitoring, the Consulting also conducted site surveys and interviews with
questionnaires to 32 affected households (the households have received compensation or
advance) to collect quantitative information as required by TOR. The results showed that PAPs
are provided full information on the implementation of projects and policies and rights on
compensation, support for the land and the affected assets. The affected households are also
engaged in the DMS, to be consulted on matters relating to the operation of compensation,
support and resettlement
The monitoring results also showed that SPMB and the implementing agencies at the local
have been fully complied with processes in implementing activities of land acquisition,
compensation and resettlement. The activities of public consultation and information
disclosure, survey replacement costs, resolve complaints and inquiries of affected households
... have done well and fully compliance with the regulation of the Government of Vietnam and
requirements for safeguard policy statements of the Asian Development Bank (ADB). Although
compensation plan was approved by HCM PC for 6 months ago (December 2015), however,
the progress of compensation in Hoc Mon and District 12 have been slow and extended.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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PART A – GENERAL INFORMATION
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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I. OVERVIEWS
The Consultant of Independent Monitoring for Resettlement for the 220kV Cau Bong – Hoc
Mon – Binh Tan Transmission Lines (hereafter called “the Consultant”), was selected for
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line (TL) Project (hereafter called “the Project”) under contract No.08/2015/HDTV dated on 27/07/2015 between SPMB and Asia
Pacific Consultant JSC, Pursuant to the requirement of the contract, the Consultant will
conduct 3 periodic monitoring with every 6 months during the RP implementation, starting from
August 2015
Based on progress of implementation of the compensation, land clearance of the project and
approved monitoring plan in Inception report by SPMB, implemented third monitoring activities
by the Consultant in June, 2016 in all districts in project, including: (i) Cu Chi district; (ii) Hoc
Mon district; and (iii) district 12 – Ho Chi Minh City starting from 20th June 2016.
Monitoring report will include 4 main parts: (i) Part A – General information; (ii) Part B –
Results of Monitoring; (iii) Part C – Conclusions and recommendations; and Part D - Appendix
1.1. Project Description
1.1.1. Power Transmission Investment Program
The Social Republic of Vietnam has received a loan (VIE 42039) from the Asian Development
Bank (ADB) towards the cost of “the Power Transmission Investment Program”. The Project
shall be financed through the Multi-Financing Facility (MFF) of ADB. The National Power
Transmission Corporation (NPT) is the Project executing agency (EA) while the Southern
Vietnam Power Projects Management Board (SPPMB) is the implementing agency (IA).
Tranche 1 implemented in 2012 including 4 project: (i) 220/500kV Pho Noi Substation; (ii)
220/500kV Pho Noi – Bac Ninh 2 Transmission Line; (iii) 220kV Phu My 2 Substation and (iv)
220kv Song May – Uyen Hung Transmission Line.
Tranche 2 of the program will include 3 projects: (i) 550kV double circuit Pleiku – My Phuoc –
Cau Bong transmission line with the length of 437 km in 5 provinces and 01 city: Gia Lai, Dak
Lak, Dak Nong, Binh Phuoc, Binh Duong and Ho Chi Minh City; (ii) 220 kV Cau Bong – Hoc
Mon – Binh Tan Transmission Line (TL) Project has a total length of 15.94 km in Cu Chi, Hoc
Mon district and District 12 of Ho Chi Minh City and (iii) 220kV Cau Bong – Duc Hoa TL project
with the total length of 13,4 km in Cu Chi district in Ho Chi Minh and Duc Hoa district, Long An
province.
The purposes of project will:
(i) Improve system stability and security, and improve the reliability of power supply
in in southern Viet Nam to be able to import power from Cambodia.
(ii) Enable evacuation of electricity to load centres from the both the planned public
sector and private sector financed thermal power plants in southern Viet Nam;
1.1.2. The 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
As mentioned above, the 220kV Cau Bong – Hoc Mon – Binh Tan TL Project is under Tranche
2 of Power Transmission Investment Program with length of 15.94 km. It will start in Cau Bong
Substation at Tan Phu Trung Commune in Cu Chi District, Ho Chi Minh City and terminate at
the proposed Hoc Mon Substation in Tan Thoi Hiep ward in District 12, Ho Chi Minh. A double
circuit connection will be created between the Cau Bong 220/500kV Substation, which the
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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World Bank will partly finance, and the new substations at District 12 that shall be financed by
Ho Chi Minh Electricity Supply Company. The corresponding TL will partly use the ROW of the
existing 110kV Hoc Mon - Ben Cat and partly the towers of the 220kV Phu Lam - Hoc Mon TL.
The detail of components and main technical specifications of the project will be showed as
Table 1 and table 2 as below:
Table 1- Components of 220kV Cau Bong – Hoc Mon – Binh Tan TL
No Transmission Line Components Length (km)
1 Improving existing TL inkling 110kV Hoc Mon – Ben
Cat and 220kV Phu Lam – Hoc Mon
7.641
2 Constructing new 220kV TLs 7.147
3 Connecting 220kV TLs 0.314
4 Connecting 110KV TLs 0.619
5 Connecting 110/220kV TLs in Hoc Mon substation 0.219
Total 15.94
Table 2 – Technical Specifications
Transmission Line Components Technical Specifications
Length of transmission line (in km) 15.94
- Starting point 500/220kV Cau Bong Substation
- Ending point 220/110kV Hoc Mon Substation
Width of Right-of-way 11.25 m on both sides of the centreline
Width of Earth Grounding Zone 19 m from 11th m of the centreline
Voltage level 220 kV and 110kV
Number of circuits 02&06
Conductor Steel-cored aluminium conductor, splitted
phase 2xACSR795MCM - Code name Cuckoo
(equivalent to 4xAC400/52),
3xACSR666.6MCM - Code name Flamingo
and ACSR795MCM – Cuckoo
Earth wire 01 Steel-cored aluminium alloy conductor
Pastel 147.1 + 01 optical ground wire
OPGW120
Number of Optical 36 fibres
Number of Suspension Towers 38
- Height of Suspension Towers 69 m (average) but highest is 75
- Area required/suspension tower 450.46 m²
Number of Tension Towers 21
- Height of Tension Towers 66.5 m (average) but highest is 70.5
- Area required/tension tower 485.47 m²
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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1.2. Summary of Resettlement Plan
To ensure the implementation of the project activities will comply with the requirements of the
safeguard policies of the Asian Development Bank, a Resettlement and Ethnic Minority
Development Framework (REMDF) was prepared for Power Transmission Investment
Program and it was approved by ADB and the Ministry of Industry and Trade under Decision
No. 6103 / QD-BCT dated 23/11/2011.
According to the ADB’s social safeguard requirements, an updated Resettlement Plan (uRP)
was prepared for the project. This is the safeguard social policy was required during project
implementation. The content of uRP is in accordance with the requirements of the SPS 2009
of the ADB, the provisions of the REMDF, and the relevant legal provisions are implemented
by the GoV, and the safeguard social policy of the ADB as well.
The additional surveys to update the uRP were implemented by National Resettlement
Safeguard Policy Specialist, hired by SPMB. In June, 2014, the specialist combined with
professional officer of SPMB and local authorities (Compensation, Assistance and
Resettlement Board at district level, Commune People Committees in project area) to conduct
surveys, public consultation and update information of land clearance scale of the project.
Updated RP of the 220kV Cau Bong – Hoc Mon – Binh Tan Branches TL had submitted to
ADB for considering and approved in October, 2014.
The project implementation will be affected to 919 households, in which 912 households and
07 organizations. The project will acquire permanently 25,546.4 m² land of 112 affected
households to construct towers and restrict the land use of 327,381,4 m2 affected by ROW.
Besides, the project will also recover (no compensation, support) with 394 m2 of state land for
construction towers in Hoc Mon and Cu Chi district. The impacts of land acquisition of the
project following data of updated resettlement plan (uRP) as table 3 below:
Table 3 – The scale of land acquisition of the 220kV Cau Bong – Hoc Mon – Binh Tan
Branches TL1
No District and commune Number of
AH
AH area (m2)
Tower ROW Total
I Cu Chi District 190 16,929 164,423.1 123,912.5
1 Tan Phu Trung 54 6,280.3 51,159.3 57,439.6
2 Tan Thanh Dong 49 5,012.5 55,133.7 60,326.2
3 Binh My 87 5,636.2 57,950.1 63,658.3
II Hoc Mon District 400 4.498,5 92.044,3 96.812,5
1 Dong Thanh 241 3,470.4 64,302.5 68,042.6
2 Thoi Tam Thon 159 1,028.1 27,741.8 28,796.9
III District 12 322 3,725 70,914 74,039
1 Tan Chanh Hiep 218 1,997.5 46,896 48,893.5
2 Tan Thoi Hiep 104 1,127.5 24,018 25,145.5
Total (I+II+III) 912 25,152.5 327,381.4 352,203.6
1 Resource: updated RP – 10/2014
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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There are 350 houses of 350 households which are located under ROW without displacing.
Some structures, 10,885 trees and 10,777 m2 of annual crops under ROW of the project.
The updated RP also show that there is not any severely AH (displaced households, HHs with
more than 10% livelihood and income lost) and no HHs under vulnerable group following
regulations of REMDF. The updated RP also estimate cost for compensation payment, costs
for RP implementation and contingency for the project that is 113 billion VND, equivalent to
5,321 million USD.
At the third monitoring, these official data of number of affected households, land acquisition
scale are identified in compensation and support plan, the Consultant will compare and
evaluate data in uRP and actual data will be showed in table 5, 6 and 7 below.
II. OBJECTIVES AND INDICATORS OF MONITORING
2.1. Objectives of independent monitoring for resettlement
General objectives
The objectives of independent monitoring for resettlement and compensation are to:
(i) Verify result of internal monitoring;
(ii) Check implementation of compensation and resettlement whethere it comply with
policies under REMDP and RP and recover the life of AHs whethere this is to
ensure at least the same or better than before implementing the Project.
(iii) Evaluate effectiveness, impacts and subtainable of land acquisition/ compensation/
allowance and resettlement of the Project;
(iv) Propose necessary adjustments in implemention of compensation activities,
allowance and resettlement for next items.
Detail objectives of the third monitoring
During the third monitoring (June 2016), the Consultant implemented activities to strictly follow
general objectives as above, in detailed:
(i) Evaluation of aspects of compliance with resettlement policies for compensation/
support and resettlement activities of the project from 12/2015 to 6/2016 following
monitoring targets proposed by the Consultant in inception report and approved by
SPMB and ADB;
(ii) Evaluation of solving problems, shortcomings raised in the second monitoring.
2.2. Foundations for activities of resettlement monitoring
The following documents will be the basic for implementing activities of resettlement
monitoring:
- REMDF for the projects under the Power Transmission Investment Program that
approved by Ministry of Industry and Trade under Decision No. 6103 / QD-BCT
dated 23/11/2011.
- Updated RP for 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
was approved by ADB in October, 2014
- Technical and financial proposal of the Consultant for independent monitoring for
resettlement of the 220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line
Project.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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- The contract No.08/2015/HDTV dated on 27/07/2015 between SPMB and Asia
Pacific Consultant JSC on Independent Monitoring for Resettlement for 220kV Cau
Bong – Hoc Mon – Binh Tan Transmission Line Project
- Documents of compensation implementation in SPMB and CARB of Cu Chi, Hoc
Mon District and District 12 – HCMC as IOL, compensation and other relevant
documents.
2.3. Monitoring indicators
The independent monitoring includes:
(i) Review internal monitoring reports, appraise compensation mannet and documents
related to the Project to check implementation of compensation activitites,
allowance and resettlement whether it comply with purposes, requirement and
assigments stated in uRP.
(ii) Check the field by meeting people and interview the affected households. Number
of households should be monitored to ensure that 100% of the severely affected
households and about 20% of the remaining households.
In the third monitoring, the Consultant will monitor and evaluate activities of compensation,
support and resettlement from implementation to management following indicators showed as
below2:
a) Assessment of Compensation Payment
b) Public Consultation and information disclosure
c) Satisfaction Level of AHs on resettlement
d) Awareness of Compensation Policy
e) Management of compensation, allowance and resettlement activities.
The Consulant will review and report assignments as below:
a. Review existing baseline date resources and collect more quantitative information
through interviewing at site with some AHs who paid compensation and hand over
land.
b. Monitor the implementation of compensation policy, allowance and resettlement
and consultation activities and propagate information as stated in approved
REMDP and uRP.
c. Make clear the difference between polices in uRP and the fact; find out the cause
of the problem claims (if any).
d. Propose solutions for solving potential problems or shortcomings of SPMB, CARB
of districts and the stakeholder in implementation of compensation, allowance, and
resettlement activities.
2 Details of monitoring indicators were described in the Inception Report, July 2015. Due to the approval for
compensation plan and payment for affected HH have not yet finished at Hoc Mon district and District 12, therefore
some indicators will be not evaluated in this monitoring including: (i) Evaluating providing the support for restoring
income and livelihood( training, creating jobs, suitable credit support, if any); (ii) Evaluating living standards of
affected HHs after receiving compensation, support and (iii) Evaluating impacts after resettlement. These indicator
will be considered and evaluated in final report by the Consultant.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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The collected data and information from site survey and recording in resettlement database to
as a basis to consider, compare with the monitoring and next evaluation. The Consultant will
prepare a full report on the results of monitoring of compensation and resettlement along with
proposed solutions to overcome existing problems.
III. APPROACHES AND IMPLEMENTATION OF THE THIRD MONITORING STAGE
1.1. Approaches
Participatory approach is used in monitoring the implementation of the compensation,
assistance and resettlement activities of the Project. According to the approach, the PAHs
shall participate in the monitoring through interview, questionnaires, in-dept interview, focus
group discussion and other socio-economic surveys. The staff-in-charge of the SPMB and
district CARBs shall also participate in the monitoring process through semi-structured
interviews.
1.2. Monitoring Methods
As monitoring methods described in the Inception Report which was prepared by the
Consultant and approved by the SPMB, the Consultant conducted the third monitoring
activities through a combination of methods to collect quantitative information and qualitative
information.
In detail:
Collection of quantitative information
The Consultant used quantitative method in this monitoring including:
(i) Survey by questionnaire about 10% of AHs who received advance payment and
handover land, inwhich form of survey will concentrate into househoulds who have
permanent land acquisition (affected households by foundation) and
(ii) Collect and use existing statistic data at SPMB, CARBs of districts of the project.
Collection of qualitative information
Method of collection of qualitative information in the third monitoring including:
(i) Study existing data relating to compensation, support and resettlement of the Project
as REMPF, uRP – October 2014, Safeguard Policy Statement of ADB (SPS 2006) and
legal documents relevant to compensation, support and resettlement when land
acquisition of the Goverment and Ho Chi Minh city Peple’s Committee. (ii) Organize the intensive meetings with Compensation Division of the SPMB, district
CARBs to collect the necessary information on the implementation of compensation,
assistance and resettlement activities, including compensation progress, compensation
prices, implementation procedures of land acquisition…Simultaneously, the Consultant also reviewed and studied the internal monitoring reports on compensation, assistance
and resettlement of the Project.
(iii) Deep interview some staffs of SPMB, local CARBs and some AHs at site.
(iv) Site surveys: The Consultant conducted site surveys, took photos and interview
households, maked clear the results in deep interview to add into the result of
evaluation.
Site surveys
The Consultant conducted the field surveys at 03 communes of Cu Chi, 02 communes of Hoc
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 12
Mon district and 02 wards of District 12, Ho Chi Minh City and interview at site by
questionnaire with 32 AHs. List of AHs was interviewed in the third monitoring showed in
appendix. Additionally, the Consultant also conducted activities field surveys in some locations
where are deploying the construction activities of tower and lay a wire at Hoc Mon district and
District 12 - HCMC.
1.3. Organization for implementation of the third monitoring stage
3.3.1. Monitoring team
Based on the work’s contents stated in the ToR for the consulting service and working plan for
the 3rd monitoring stage which was proposed by the Consultant and approved by the SPMB,
the Consultant dispatched a monitoring team with participation of the specialists and
supporting staff as proposed in the bidding document to carry out the tasks as mentioned
above. The responsibilities of the monitoring team is to gather information related to the
compensation activities of the 220kV Cau Bong – Hoc Mon – Branches to Binh Tan
Transmission Lines Project; organize of the field monitoring activities, process and analyze the
data gathered and prepare the reports in English and Vietnamese. Detailed information on the
members of the monitoring team and their specific tasks are presented in appendice 1.
3.3.2. Monitoring Duration
The monitoring activities of the second monitoring stage were implemented by the Consultant
on 20th June 2016. The preparatory works were carried before deploying the monitoring
activities at filed. At the Consultant’s office, the members of the monitoring team were trained in the monitoring methods and monitoring contents, preparation of the monitoring tools
including questionnaires, guidances for organizing the group discussion and in-depth
interviews; and research the documents related to the Project implementation.
3.3.3. Main activities deployed
The monitoring activities were implemented in the first monitoring stage include:
a. Working at the office
The Consultant organized the meeting with stakeholders (Compensation Division under
SPMB, CARBs of Cu Chi, Hoc Mon and 12 districts – Ho Chi Minh City) to discuss and gather
information on the implementation of the compensation activities of the project.
b. Conducting field surveys
The Consultant conducted field surveys and interview by questionnaire with 32 Ahs in Tan Phu
Trung, Tan Thanh Dong and Binh My comunes - Cu Chi district; Dong Thanh and Tam Thoi
Thon communes – Hoc Mon district and Tan Chanh Hiep, Tan Thoi Hiep wards – District 12 –
Ho Chi Minh City. Scale of survey form for the third monitoring will be detailted in table 4
below:
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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Table 4 – Number of AHs and Scale of survey form
No Location Number of
Ahs
Number of HH
receiving
compensation
or advance
Number of
interviewed
HHs
I Cu Chi District 195 177 18
1.1 Tan Phu Trungcommune 50 47 5
1.2 Tan Thanh Dong commune 53 45 5
1.3 Binh My commune 92 85 8
II Hoc Mon District 4143 184 6
2.1 Dong Thanh commune 218 178 5
2.2 Tam Thoi Thon commune 196 6 1
III District 12 3594 39 8
3.1 Tan Chanh Hiep ward 236 18 5
3.2 Tan Thoi Hiep ward 123 21 3
TOTAL 968 400 32
Additionally, the Consultant conducted the field surveys at some locations where are deploying
the construction activities of tower and lay a wire at Hoc Mon district and District 12 - HCMC.
1.4. Advantages and difficulties during the first monitoring stage
During monitoring stage, the Consultant was provided adequately information, documents
from the SPMB and local implementing agencies. SPMB and local implementing agencies
also dispatched the staff-in-charge to support the Consultant during deploying the monitoring
activities both in the office and surveys at field. All issues relevant to the compensation
process what were concerned by the Consultant, the staff-in-charge of SPMB and local
implementing agencies were willing to discuss and explain straightly and open-mindedly.
3 In fact, CARD of Hoc Mon had made separate compensation document for permanent land acquisition
of tower and affected land by ROW. Therefore, total of compensated HHs is 443 HHs, in which 29HHs
are affected both tower and ROW, so in fact, number of AHs are 414 HHs. 4 Same to Hoc Mon district, these are compensation document, inwhich 32 are affected both tower and
ROW. so in fact, number of AHs are 327 HHs. The Consultant will update officially number of affected
HHs after approving of the compensation plan.
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PART B – RESULTS OF MONITORING
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The following contents will provide the information on the implementation results of the
compensation, assistance and resettlement activities of the 220kV Cau Bong – Hoc Mon –
Binh Tan Transmission Line with the comments and evaluations of the Consultant for each of
the specific content.
1.1. Evaluation of implementing recommendations in the second monitoring report.
The recommendations of the second monitoring report concentrated on pushing progress of
approving compensation plan and compensation payment for AHs.
After HCMC People’s Committee issued Decision No. 6762/QĐ-UBND on approval of the plan
of coefficient of land price adjustment to calculate compensation and support to damaged land
for the 220kV Cau Bong – Hoc Mon – Binh Tan project on 12/12/2015, the local authorities
had tried their best to make draft of compensation plan, post in public collect the opinions of
the PAHs, completed and approved compensation plan, issued a decision on compensation
and payment for PAHs..
At the end of April, 2016, the compensation payment has completed basically in 3 communes
in Cu Chi district. Up to 26/6/2016, CARB of Cu Chi district paid directly compensations,
supports to 177/195 PAHs ( 90.8%) with the total of 55.135.918.689 VND/ 60.990.733.889
VND was approved (90.4%).
For Hoc Mon district and District 12, due to potential problems during identifying the origin of
land in planning compensation, therefore the progress of implementation was slow. As
scheduled, compensation payment for PAHs in Hoc Mon district and District 12 will be
completed basically in July, 2016. For ensuring construction progresses of the project, the
Implementing Agencies paid the advance and persuaded PAHs in Hoc Mon district and District
12 to hand over site clearance to implement construction activities. Up to 20/6/2016, SPMB
and CARBs of Hoc Mon District and District 12 paid the advance to 223 HHs with total of 57.9
billion VND.
1.2. Update the number of PAHs and scale of land acquisition
As mentioned above, the 220V Cau Bong – Hoc Mon – Binh Tan Branches Transmission Line
project affected to the land and assests on land of the PAHs at the Tan Phu Trung, Tan Thanh
Dong and Binh My communes of Cu Chi district; Dong Thanh and Tam Thoi Thon communes
of Hoc Mon district and Tan Chanh Hiep and Tan Thoi Hiep wards of district 12 – Ho Chi Minh
City.
Up to the third monitoring, the data on the number of PAHs and scale of land acquisition
identified exactly in compensation plans of districts.5 Therefore in table 6 and 7 will show the
change of number of PAHs and scale of land acquisition following the data of uRP ( 10/2014)
and the final data.
5 Compensation plan of Cu Chi and Hoc Mon district was approved and District 12 is waiting for approval but they
have final data.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 16
Table 5– Update the project’s impacts at the monitoring6
No. District/communes No. of
PAHs
Affected Area (m2)
Foundation ROW Total
I Cu Chi district 195 17,274.60 164,423.1 181,697.70
1 Tan Phu Trung 50 6,292.70 51,159.3 57,452.00
2 Tan Thanh Dong 53 5,165.80 55,313.7 60,479.50
3 Binh My 92 5,816.1 57,950.1 63,766.20
II Hoc Mon district 414 4,546.9 92,044.30 96,591.20
1 Dong Thanh 244 3,470.40 64,302.50 67,772.90
2 Tam Thoi Thon 170 1,076.50 27,741.80 28,818.30
III District 12 359 3,661.2 70,914.9 74,639.10
1 Tan Chanh Hiep 236 1,997.0 46,896.60 48,893.60
2 Tan Thoi Hiep 123 1,664.2 24,018.30 25,745.50
Grand-Total (I+II+III) 967 968 25,482.70 327,382.30
Due to, CARBs identified the final data of number of the PAHs and scale of land acquisition,
therefore in Tables 6&7 will show the changes in the numbers of the PAHs and scale of land
acquisition following data of the uRP (10/2014) and the final data of compensation plan.
Table 6- Changes of No. of PAHs and scale of land acquisition
No
District/communes
No. of PAHs Total of land acquisition Area (m2)
uRP Compensation
plan (+/-) uRP
Compensation plan
(+/-)
I Cu Chi district 190 195 5 181,697.70 181,697.70 -
1.1
Tan Phu Trung 54 50
(4.0)
57,452.00 57,452.0 -
1.2
Tan Thanh Dong 49 53 4 60,479.50 60,479.5 -
1.3
Binh My 87 92 5.0 63,766.20 63,766.2 -
II Hoc Mon district 400 414 14 96,591.20 96,591.20 -
2.1
Dong Thanh 241 244 3 67,772.90 67,772.90 -
2.2
Tam Thoi Thon 159 170 11 28,818.30 28,818.30 -
III District 12 322 359 37 74,639.10 74,576.10 (63.00)
3.1
Tan Chanh Hiep 218 236 18 48,893.60 48,893.60 -
3.2
Tan Thoi Hiep 104 123 19 25,745.50 25,682.50 (63.00)
Grand-Total
(I+II+III) 912 968 56 352,928.00 352,865.00 (63.00)
Source:uRP -10/2014 and compensation plan of Cu Chi district (3/2016), Hoc Mon (5/2016) and draft of
final compensation plan of Distric 12 (6/2016)
6 The actual figures are updated according to the implementation reports of the SPMB and district CARBs of Cu
Chi, Hoc Mon and 12 districts up to 31 Aug. 2015.
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Table 7– Detailed changes of scale of land acquisition for the foundations and ROWs7
N
o Location
Total of land acquisition Area (m2)
Foundations ROWs
uRP Compensatio
n plan (+/-) uRP
Compensation
plan (+/-)
I Cu Chi district 17,274.6
0 17,274.60 - 164,423.1 164,423.1 -
1 Tan Phu Trung 6,292.70 6,292.70 - 51,159.3 51,159.3 -
2 Tan Thanh Dong 5,165.80 5,165.80 - 55,313.7 55,313.7 -
3 Binh My 5,816.10 5,816.1 - 57,950.1 57,950.1 -
II Hoc Mon
district 4,546.9 4,546.9 - 92,044.3 92,044.30 -
1 Dong Thanh 3,470.40 3,470.40 - 64,302.5 64,302.50 -
2 Tam Thoi Thon 1,076.50 1,076.50 - 27,741.8 27,741.80 -
III District 12 3,725.0 3,661.2 (63.8) 70,914.1 70,914.9 0.80
1 Tan Chanh Hiep 1,997.50 1,997.0 (0.50) 46,896.1 46,896.60 0.50
2 Tan Thoi Hiep 1,727.50 1,664.2 (63.30) 24,018.0 24,018.30 0.30
Total (I+II+III) 25,547 25,482.70 (63.8) 327,381.5 327,382.30 0.8
The DMS results has also determined that, the project implementation will also affect the
houses, the works/structures within the safety corridor of the 421 affected households, but
there is no household which need to be displaced (increasing 71 households, equivalent to the
growth rate of 20% compared with the data of uRP), including: Cu Chi district: 20 households,
Hoc Mon district: 151 households and district 12: 250 households. DMS results has also
identified that there is no affected households which belong to vulnerable group or severely
affected households (displaced, losing over 10% of productive land or livelihood land) under
the provisions of the policy framework.
The total cost of compensation under the compensation plans approved by People’s Committee of Cu Chi district (93/2016) and People's Committee of Hoc Mon District
(27/05/2016) and the draft compensation plan (the final) of People’s Committee of district 12 is VND382,805,832,438 (equivalent to USD15,664,000 following the exchange rate in 06/2016),
in which the payment of compensation and support for affected households is
VND341,495,284,808. The balance of VND41,310,547,630 is the cost for the implementing
agency and contingency. Thus, the actual compensation costs increases more than 3 times
higher than the estimated cost in the uRP (113 billion dongs, equivalent to USD 5.321 million
as at 10/2014).
Comments and evaluation of the Consultant
The data in Table 5 and Table 6 shows that there has been a significant increase in the
number of households affected by the project (increasing 56 households, equivalent to the
increasing rate of 6.14%) compared with the number of affected households which was
identified in the uRP, in which the increasing affected households are mainly in Hoc Mon
district (an increase of 14 households) and in district 12 (an increase of 37 households). The
7 Source” uRP – 10/2014 and compensation plan of Cu Chi district (3/2016), Hoc Mon (5/2016) and the draft of
compensation plan of District 12 (6/2016)
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 18
main cause of the increase is the household separation and the fact that the transactions of
purchasing and sale of land are by handwritten papers. In the process of surveying and
collecting data for the uRP, the local authorities only determined the number of affected
households following the cadastral records system managed by local authorities. Number of
affected households incur due to fluctuations by households separation and the transactions of
purchasing and sale of land are updated during DMS and the relevant legal documents were
collected to carry out the supported compensation activities .The data in table 7 shows that,
there is almost no change in scale of land acquisition for both the foundation and the corridor
section.
Actual compensation costs increases 3.4 times (382,8 billion dongs, equivalent to 15,664
million USD) in comparison with the estimated cost of of the uRP (113 billion dongs, equivalent
to 5,321 million USD at the time of 10/2014). The main cause of the increasing of
compensation cost and support cost of the project is due to: (i) increasing the number of
affected households (56 households); and (ii) the compensation price approved by the
People's Committee of Ho Chi Minh City is the unit price which has been recommended by the
evaluation consultant and it is several times higher than the provisional unit price in the
updated resettlement plan in 20148
1.3. Public consultation and information disclosure
Implementation results
After the updated RPs approved by ADB in October 2014, the updated RPs have been
provided to relevant stakeholders and posted in public in order to ensure involving
stakeholders such as the Cu Chi, Hoc Mon and 12 District CARBs, CPCs in the project area,
mass organizations, non-PAHs and the PAHs be fully informed and understood clearly
regulations on compensation, support and resettlement.
The Project PIB was also provided to the PAHs in which the following information included (i) a
brief background of the Project, especially the main works to be undertaken and the scale of
land acquisition; (ii) impacts on land and on-land assets; (iii) the entitlements due to affected
land and assets; (iv) detailed plan of implementation of compensation, assistance and
resettlement payments; (v) grievance redress mechanism; and (vi); contact list of persons of
EA and local authorities to ensure the grievances to be resolved timely and efficiently.
The activities of public consultation and information disclosure were implemented at all
communes/wards (05 communes and 02 wards) in the project area (07) in December 2014.
The intensive consultations with relevant stakeholders (District CARBs, CPCs, PAHs) to
disclose and consult the stakeholders, information disclosure are including were carried out by
the SPMB and the Project Implementing Consultants (PICs).
The published information consists of:
8 An estimated compensation cost of uRP 2014 calculated base on compensation price following regulations of
HCMC People’s Committee at Decision No. 60/2013/QĐ-UBND dated on 26/12/2013 and the result of preliminary
Replacement Cost Surveys of the Resettlement Specialist and Local Authorities in 2014. Meanwhile, the price
apply in calculating compensation is the replacement price was approved at the decision No. 6762/QĐ-UBND dated
on 10/12/2015 at the end of 2015, so this based on replacement price was surveyed by the Independent Evaluation
Consultant. For this reason, land price adjustment coefficient was applied to calculate compensation, support for
affected on land is much times higher than land price applying for compensation, support and resettlement of
projects under Ho Chi Minh area in 2015, specially for residential land and agriculture land in existing house area
(higher from 3.8 to 9.079 times)
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 19
a. Scope of project, right-of-way, and location of towers;
b. Scope of land acquisition; alternatives of land acquisition mitigation;
c. Potential impacts (both positive and negative) of the land acquisition on affected
households/community, on culture, religion, ethnicity, and on women;
d. Entitlements of affected households/community;
e. Income restoration activities for severely affected households, and vulnerable groups;
f. Procedures and action plan for compensation payment, support and resettlement; and
g. Grievance redress mechanism.
During public consultation process, there are some opinions and concerns of the PAHs on the
issues related to compensation, assistance and resettlement of the project were recorded,
namely:
(i) The measures to ensure the safety conditions for houses and structures beneath
the power lines;
(ii) Implementation schedules for the project and compensation activities;
(iii) Compensation/allowance for the impacts during construction phase;
(iv) Temporary land acquisition;
(v) Policies and rights of Ahs;
(vi) Procedures for advance payment;
(vii) Land acquisition for the remaining area; and
(viii) Temporary impacts during construction.
The opinions and concerns of the PAHs were recorded and explained/clarified by the SPMB
and PICs during consultation. SPMB coordinated with the stakeholders to solve timely the
obstacles during implementation process to ensure the implementation progress of the project.
Subsequently, during the process of preparing and approving the detailed compensation plans
for affected households, the CARBs of Cu Chi and Hoc Mon district has conducted additional
consultations during the listing of the draft compensation plan. For District 12, at the time of
the third monitoring (June 6/2016), additional consultations has not been conducted because
the draft compensation plan has not been approved.9
Details about the additional consultation activities in the Cu Chi and Hoc Mon districts are
shown in Table 8 below10:
9 The Consultant will update the content relevant to additional consultation activities of District 12 in next report
10 The figures in table are number of HHs who participated in meeting posted up draft compensation plan was held at the People's
Committees of communes / wards. A draft compensation plan (including the information on the project, policies and interests of
the PAPs) are also posted publicly at the People's Committee of the ward /commune and concerned village/hamlets offices. Draft
compensation calculation table in details for each PAPs are provided for households participating in the meeting and sent to the
affected households did not attend the meeting for comments.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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Table 8– additional consultation activities during posting up the draft of compensation plan
No Location Date Number of participant
Male Female Total
I Cu Chi District 53 48 101
1.1 Tân Thạnh Đông 30/12/2015 20 17 37
1.2 Tân Phú Trung 30/12/2015 22 16 38
Bình Mỹ 31/12/2015 11 15 26
II Hoc Mon District 80 60 140
Thới Tam Thôn 09/3/2016 23 21 44
Đông Thạnh 11/3/2016 57 39 96
Total
The staffs of CARBs of the districts and the representatives of SPMB listened and directly
answered the questions and opinions of the affected households related to the implementation
of projects, policies and their rights in the process of consultation for the draft compensation
plan or through meetings with the affected households.
The effectitive of publicing main
information of the project passed
community consultation meetings.
Besides, the information are posted at
office of resident area, commune/ ward
people’s committee, community activitites area and noticeboard at
construction location.
Regarding the content of public
consultation and disclosure of project
information, Consultant conducted surveys of 64 out of 968 project affected households (about
6.6%), including 32 households in phase 2 (12/2015); and 32 households in phase 3 (6/2016).
In total 64 respondents, there were 43 men (67.2%) and 21 women (32.8%).
There are 59 households of 64 interviewed households (92.2%) confirmed to be provided
information on the project, the remaining households ( 05) equivalent to 7.8% have no answer
or did not know that they are
not householder or not directly
participate in consultation
meeting. There were 19 out of
21 women interviewed
(90.5%) understood the basic
information of the project,
while the rest (2 people -
8.5%) did not know very well
about the project because
they are only members in the
family and not directly
participated in the consultation
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 21
meetings.
100% of the households interviewed (64) said that they or their families received information
about the project and compensation policies when they participated in the meetings organized
by local authorities. Besides, they also received the relevant information through the staffs of
communes/ wards, staffs of CARBs of the districts and SPMB officers at sites. This shows that
the form of common meetings and directly providing information to people through the
activities of local officials and SPMB are effective methods of information dissemination.
There were 59 out of 64 households who were interviewed (92.2%) confirmed that they
understood the compensation policy for land and property affected by the project through
consultations, public information and listing the draft compensation plans. The rest of the
households (5 households - 7.8%) answered they did not really understand because they were
not the ones who directly participated in the consultation meetings or they were not the
householders. All interviewed households (64/64 - 100%) said that they were provided with
information about the project and the compensation policies when they participated in the
meetings. And 59 out of 64 households confirmed that they received information through
staffs of SPMB and local authorities. It confirms that method of community consultation
meeting and propagate directly through activities of local authorities and SPMB is an effective
method of information dissemination
Table 9 - Forms for publishing information of the project
No Forms for publishing
information Number of answer % of total
1 Poster/ document/ project
information manual
36 56.3%
2 Local information board 42 62.6%
3 Mass communications
(newspaper/ radio/ television)
17 26.6%
4 Local staffs and staffs of SPMB 59 92.2%
5 Community meeting 64 100%
Total of answers 218
Comments and assessments of the Consultant
Public consultation and information activities were carried out in compliance with GoV’s Land Law 2013 (Article 48, Article 67, and Article 69), SPS (2009) and ADB’s Public Communication Policy. Updating and publishing on requlations under Land Law 2013 and regulations of the
locality also popularized to Ahs during implementation of compensation of the project.
The Consultant thinks that popularization and publishing information met requirement as
below:
(i) Public consultation and publishing information of the project mobilized the participatory
of APs. The feedbacks of APs on impact of land acquisition and minimum
measurements recorded and considered during implementation.
(ii) The information on activities of the project and impacts on land acquisition impact was
conveyed to the affected people in the project area in many different forms;
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 22
(iii) The decisions on land acquisition, resettlement and compensation plans are public and
people are fully explained when asked questions;
(iv) To ensure transparency in all activities related to land acquisition, compensation,
support and resettlement.
1.4. Detailed Measurement Surveys (DMS)
Implementation results
At all districts the activities of Detailed Measurement Survey (DMS) were carried out since
May 2014. It has already completed basically in middle of 2015. The DMS results showed
sufficiently the losses of land and assests affected by the project. The PAHs were informed the
time taking DMS for each HH and they were involved in the DMS process and signed the
minutes of DMS.
The DMS results also indicated that there was no any severely affected household (relocated
HHs and/or loss more than 10% of assests or income/livelihood) and there was no household
under vulnerable group due to the land acquisition of the project (Vulnerable groups consist of:
female headed households without support, disabled household heads, poor households,
children and the elderly headed households who are landless and ethnic minorities).
To aim at regulation of implementation DMS, ensure to participatory of AHs and assessment
of their consent to the implemented results of DMS, the Consultant collected information by
questionnaire at site, content of questions are related to:
(i) Have HHs informed on time of DMS?
(ii) Have the representative of AHs participated in DMS and signed in Minutes of
Measurement?
The results of survey relating to content above will be showed in table below:
Table 10 – Result relating to progress of DMS
Content Frequence % of total
Received information on time of DMS 62 96.8%
Participated in DMS and signed Minutes of
Measurement.
59 92.2%
Inventoried assest was not enough 3 4.7%
Satisfied to result of DMS 61 95.3%
Total 64 100%
The result of survey showed that 96.8% of HHs confirmed that they had received notice of
DMS time, the remaining HHs ( 02HHs – 3.2%) had not knew that they are not householder.
92.2% of interviewed HHs confirmed to participate in DMS and sign in Minutes of
Measurement, the remaining HHs did not know or did not participate due to they was busy. 61
of 64 interviewed HHs (95.3%) was satisfied to the result of DMS, the remaining HHs ( 03 HHs
–4.7%) was not satistified or no comment.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 23
3 out of 64 surveyed households (4.7%) said that their affected assets was lack measured
during DMS, but they also confirmed that after the comments, the local implementing agencies
conducted verification and full complement.
Comments and assessments of the Consultant
Implementation procedures of DMS were implemented in accordance with the requirements of
REMDF, updated resettlement plan and current regulations of the Government and ensured
the transparency and accuracy in the implementation process.
1.5. Replacement Cost Surveys (RCS)
Implementation results
Compensation prices for affected land is determined following replacement price. District
CARBs of Cu Chi, Hoc Mon and 12 districts hired the independent evaluation agencies11 to
determine the compensation prices for the affected land. The Independent Evaluation Agency
used the diffirent evaluation methods as current provisions (unit prices of the succesful cases
of land tranfer, asking prices and infrastructural conditions, etc.) to synthesize, analyze and
propose the compensation prices for the land affected through the issuance of “The Price
Appraisal Certificate”. After the compensation prices were apparised and approved by the Ho Chi Minh City People Committee, the PAHs will be compensated for affected land following
replacement price.
As mentioned in the above sections, due to the compensation, assistance and resettlement
activities of the project is taken place in the period of the time has many changes of the land
management policies (such as the changes of the Land Law and the secondary legislation of
the Government and locality). These changes not only impacted to the implementation
progress of compenation activities but also impacted to the entitlements of the PAHs. In
detailed, assistance policy for the agricultural land affected under the ROWs of the
transmission lines has no support level in regulation of HCMC PC, the Decision No. No.
23/2015/QĐ-UBND on compensation, support and resettlement when the State recovers the
land in locality of the Ho Chi Minh City. As stipulated in this Decision with the agricultural land
for perennial trees, forest land inside the ROWs of the transmission line will be supported by
11
Cu Chi and 12 Districts: EXIM Evaluation JSC., and Hoc Mon district: Thinh Vuong Evaluation JSC
Biết kế hoạch DMS Tham gia DMS DMS chính xác Hài lòng về DMS
Có 62 59 61 61
% 96.875 92.188 95.313 95.313
Không 2 5 3 3
% 3.125 7.813 4.688 4.688
62 59 61 61
96.875 92.188 95.313 95.313
2 5 3 3 3.125 7.813 4.688 4.688
0
20
40
60
80
100
Kết quả thực hiện DMS
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 24
30% of the compensation prices for land affected by limitation the ability to use of land, instead
of 70% of compensation prices for the corresponding land as previous regulations (in Decision
No. 35/2010/QĐ-UBND of the Ho Chi Minh City dated 28 May 2010). This made many
difficulties for the local implementing agencies at both district and provincial levels in
implementation of compensation, assistance and resettlement activities of the project due to
the implementation time started since late 2013 and early 2014, before the Land Law 2014
taking effect.
To solve this problem, SPMB had sent documents to Ho Chi Minh City People’s Committee for
approval resolutions to push up compensation, land clearance for 220kV Cau Bong - Duc Hoa
and 220kV Cau Bong – Hoc Mon - Binh Tan in No. 3373/ĐB-SPMB dated 18.05.2015 and
document No. 3470/SPMB-ĐB dated 21/5/215. Accordingly, the SPMB recommended HCMC
PC to enable SPMB apply support for agricultural land under ROW as defined in item (c),
article 2, clause 19 of Decision No. 35/2010/QĐ-UBND to push up the progress of the
compensation and land clearance of two projects above.
After that, the Ho Chi Minh City People Committee issued the document No. 3512/UBND-
ĐTMT dated 24 June 2015 to remove the obstacles in the implementation of compensation,
assistance and resettlement activities of 02 Transmission Line Projects invested by SPMB in
Ho Chi Minh City, including 220KV Cau Bong – Duc Hoa Transmission Line Project and 220
kV Cau Bong – Hoc Mon – Binh Tan Branches. Accordingly, the agricultural land for perennial
trees, forest land impacted the ROWs of the transmission lines of these projects will be
supported by 70% of the compensation prices for land affected by limitation the ability to use
of land, i.e retaining the level of assistance as provisions of Decision No. 35/2010/QĐ-UBND
of the Ho Chi Minh City dated 28 May 2010.
According to the result of survey by questionares with 32 PAHs, with the question: “Have you
satisfied with compensation and support prices of the project?”, there are 25 HHs (78.1%)
answered that they have no answer, because the detailed compensation plan has not
approved and published; 5 HHs (15.6%) has no ideas due to they will have same idea with
other HHs; 02 HH (6.3%) think that these prices are low.
Hài lòng Chấp nhận được Đơn giá thấp
Số hộ 39 22 3
% 60.938 34.375 4.688
39
22
3
60.938
34.375
4.688
0
20
40
60
80
100
Tỷ lệ
%
Phương án trả lời của các hộ BAH
Ý kiến về đơn giá bồi thường, hỗ trợ
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
Third Monitoring Report Page | 25
Comments and assessments of the Consultant
SPMB and local implementing agencies have made efforts in ensuring rights of PAHs through
recommendation to Ho Chi Minh People’s Committee to apply the higher support level than AHs by ROW.
The Consultant found that the Ho Chi Minh City People’s Committee, SPMB and CARBs of districts ensure rights of PAHs to remove the obstacles during implementation of
compensation, assistance and resettlement activities of the project.
As analysed above, the adjustment coefficient for land price was applied to calculate
compensation and support prices for affected land is much higher than the applied price for
compensation,support and resettlement for projects in HCMC in 2015, especially for residental
and agriculture land in existing housing area ( from 3.8 to 9.079 times). It shows that the
compensation prices for land affected were applied at "replacement cost" and proved by the
result of survey on sastisfactory of APs for compensation price as stated above. Accordingly,
most of interviewed APs (95.3%) were sastify with the compensation.
1.6. Progress of compensation, assistance and resettlement activities
Implementation results
After issueing decision No. 6762/QĐ-UBND dated 10th December 2015 approved by HCM
People’s Committee on the adjustment coefficient plans of land price to calculate
compensation, support for damaged land for this project. The local authorities had made
efforts in planning the draft of compensation, public posting up the draft of compensation plan
to collect comments of AHs, finalize and approve compensation plan, issue decision on
compensation and compensation payment for AHs.
For Hoc Mon district and District 12, due to potential problems during indentifying the origin of
land in planning compensation, therefore the progress of implementation was slow. As
scheduled, compensation payment for PAHs in Hoc Mon district and District 12 will be
completed basically in July, 2016. For ensuring construction progresses of the project, the
Implementing Agencies paid the advance and persuaded PAHs in Hoc Mon district and District
12 to hand over site clearance to implement construction activities. Up to 20/6/2016, SPMB
and CARBs of Hoc Mon District and District 12 paid the advance to 223 HHs with total of 57.9
billion VND.
Detailed information on the compensation progress of the districts under project area as
followings:
(i) In Cu Chi district
After HCMC PC approved the plan of land price adjustment coefficient 10/12/2015),
application of replacing prices and planning detailed compensation for each PAHs under 3
communes Tan Phu Trung, Tan Thanh Dong and Binh My promptly implemented and
basically finished in December 2015. The draft of compensation plan was published and
posted up to collect opinions of AHs at the end of December 2015. After posting up the draft of
compensation plan for 20 days, the queries of AHs was summarized, considered and updated
by CARB of Cu Chi district under compensation plan to submit to Cu Chi People’s Committee.
They had approved compensation/ support plan on 9th March, 2016 and the compensation
payment was implemented in March and April, 2016.
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Up to at the end of April, 2016, the compensation payment was completed basically in 3
communes of Cu Chi district. Up to 20th June, 2016, CARB of Cu Chi had paid directly
compensation, support for 177 out of 195 AHs (90.8%) with total of amount 55.135.918.689
VND/ 60.990.733.889 VND (90.4%).
The remaining 18HHs (9.2%) had handed over clearance without receiving compensation due
to different reasons12 with the remaining amount 5.854.815.200 VND (9.6%). The CARB of Cu
Chi had opened bank account and sent this amount into the Commercial Bank. After finishing
procedures, these AHs will receive compensation and arising interest.
According to the report of the CARB Cu Chi district, after the compensation method for
affected households under section Cu Chi district approved, the CARB reviewed and found
that the compensation rate for affected work/structures have not been updated according to
the updated legal documents of Ho Chi Minh People's Committee. Specifically, the
compensation price is identified in the approved compensation plan under Decision No. 1495 /
QD-UBND of Cu Chi District People's Committee dated 09/3/2016 based on the provisions of
Decision No 66/2012 / QD-UBND of the HCM People Commitee on 28/12/2012. However, on
24/12/2015, Department of Construction Ho Chi Minh City has issued letter number 1963 /
SXD-KTXD guidance on the calculation of the compensation price for affected house, work /
structures at the time of 2016. According to the guidance of the Department of Construction,
the compensation price for affected house, work/ structures will be higher than price in the
compensation plan was approved in Cu Chi district People's Committee dated 09/3/2016
because this plan is not updated in the the guidance of the Department of Construction in
Letter No. 1963/SXD-KTXD dated 24/12/2015.
For affecting house, work/structures (20 AHs), CARB of Cu Chi district paid for these 20 AHs
with 4.229.473.3000 VNĐ in May, 2016
Although during post up the draft compensation plan, approve the compensation plan and
conduct payment recorded there is not any complaint of affected households related to the
compensation price for house, work/structures. However, to ensure the benifit for affected
households, SPMB and CARB has proposed Cu Chi district People's Committee to consider
and approve the preparation and approval of additional compensation for the affected house,
work and structures under the guidance of the Department of Construction. Accordingly, the
CARB Cu Chi District made plan for additional compensation for 20 affected households with
total additional compensation for affected houses, work/structures is 700 million VND. The
total of compensation cost for affected house, work/structures of Cu Chi district (including
initial and additional plan) is about 4.94 billion VND, accounted for 8% of total of
compensation, support for AHs. Currently, additional plan are being consider by Cu Chi District
People's Committee. As expected, the additional plan will be approved in 6/2016 and pay in
7/2016.
(ii) In Hoc Mon district
At the end of December 2015, at Hoc Mon district, the activities of DMS and verification of
legal documents for affected land and assets were implemented. The detailed announcement
of land acquisition for PAHs according to the provisions of the Land Law 2013 were sent to all
12
03 HHs are completing relevant procedures ( power of attorney, inheritance) for receiving compensation; 03HHs
mortgaged Certificate of Land use right at the bank, 01HH with internal dispute is considering; 06 HHs was busy;
01HH with little money; 04 lots have not yet identified owner.
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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PAHs by Hoc Mon Peple’s Committee ( 3/2015).
After HCMC PC approved the plan of land price adjustment coefficient (10/12/2015),
application of replacing prices and planning detailed compensation for each PAHs under 2
communes Dong Thanh and Tam Thoi Thon promptly implemented. The draft of
compensation plan was published and posted up to collect opinions of AHs at the end of
March 2016. However, there is problem arising from application of replacement price causing
plan and approval of the compensation plan was slow. The main reason is compensation
price for agriculture area same lot with residential land without recognizing as residential land
and the compensation price for the remaining agriculture area are different. But the general
price plan for two lands was approved by HCM PC under decision No. 6762/QĐ-UBND dated
on 10/12/2015. It caused that CARB of Hoc Mon could not apply replacement price for
affected agriculture land. Therefore, PC and CARB of Hoc Mon district had issued a
document to submit to HCMC PC for adjustment and addition of content of the decision No.
6762/QĐ-UBND dated 10/12/2015. Up to 17 May, 2016, HCMC PC issued the guideline on
solving prolems above.
Hoc Mon People’s Committee approved compensation/ support plan13 for 414 PAHs (443
records) on 27 May 2016 at 2 communes Dong Thanh and Thoi Tam Thon with total of
amount 161.929.709.899 VND, in which compensation/ support cost for AHs is
144.527.277.672 VND, the remaining amount is contingency 14.452.727.767 VND and
implemention cost for compensation (2.890.545.553 VND). In which, number of AHs on
house, works/structures are 151 HHs with total of 20.675.973.607 VND, accounted for 14.3%
of total of compensation cost.
Up to 20 June 2016, PC of Hoc Mon has approved detail compensation plan for 190HHs out of
414 HHs (45.9%) and the payment will be expected in June, 2016. The compensation plan for
the remaining HHs (224 HHs) will be approved and paid in July, 2016.
For ensuring progress of construction, SPMB and CARB of Hoc Mon pursuaded PAHs to hand
over clearance fro construction in the past and paid an advance for 184 AHs (44.5%) with total
of 25.849.000.000 VND14 (about 18% of total of compensation, support cost)
(iii) In district 12
After HCMC PC approved the plan of land price adjustment coefficient (10/12/2015),
application of replacing prices and planning detailed compensation for each PAHs under 2
wards Tan Chanh Hiep and Tan Thoi Hiep promptly implemented. However, due to the
problems arising from adding verification record on the origin of land use, so planning the
compensation plan was extended.
At the end of May, 2016, the draft of compensation plan was posted up publicly to get opinions
of AHs. At the third monitoring ( June 2016), the final draft of compensation, support plan has
completed and submitted to People’s Committe of District 12 for considering and approving.15
13
The compensation plan of Hoc Mon updated new adjustment on compensation plan for affected houses, works/
structures following the guidelines of Department of Construction under correspondence No. 1963/SXD-KTXD
dated 24 December 2015, so do not need to approve the additional compensation plan for houses, works/
structures. 14
Update to 20/6/2016 15
The compensation plan of District 12 updated new adjustment on compensation price for affected
house, works/ structures following the guidelines of Department of Construction under correspondence No.
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As expected, the compensation, support plan will be approved in June 2016 and the
compensation payment will be implemented as soon as approval of compensation plan.
According to the draft of compensation plan, the total of amount for coompensation, support
for AHs (359HHs) are 135.977.273.247 VND, in which the number of AHs on houses, works/
structures are 250 HHs with the total of compensation cost is 11.005.827.281VND, accounted
for 8.1%.
For ensuring progress of construction, SPMB and CARB of Distrit 12 pursuaded PAHs to hand
over clearance fro construction in the past and paid an advance for 39 AHs (11%) with total of
22.140.233.000 VND16 (about 18% of total of compensation, support cost)
Comments and evaluation of the Consultant
Although HCMC People’s Committe had approved the compensation plan for 6 months ago (12/2015), however the progress of compensation implementation at District 12 and Hoc Mon
was extended, because:
(i) Hoc Mon district: During approving the compensation price for affected
land in Hoc Mon area, HCMC PC did not seperate and approve the price
for: (i) agricultural land same lot without recognizing as residential land;
(ii) remaining agricultural land. Due to the compensation prices for 2
kinds of land are different, so CARB of Cu Chi met with difficulties during
applying the compensation price. The local implementing agencies (PC
of districts and CARBs) had issued a document to request HCMC PC for
approving the speacial price for affected agricultural land as the kinds
mentioned above. Simultanously, some AHs have a complicated legal
record of land use, so it takes much time for verification.
(ii) For District 12: Same with some cases in Hoc Mon district, , some AHs
have a complicated legal record of land use (legal record on land use
after 01/7/2014), so it takes much time for verification
Behindhand in implemention of compensation activities was late after the price was approved
by HCMC PC impacted significantly to the progress of construction at District 12 and Hoc Mon
district. Although SPMB had made an effort in coordination with the implementing Agencies of
clearance at local aiming at promoting the progress of compensation implementation.
1.7. Progress of site clearance and deployment the construction activities
Implementation results
To ensure the implementation progress of the project and fix the affects to the construction
progress due to the objective delays in the compensation process as mentioned above, SPMB
coordinated closely with the local implementing agencies (District CARBs, PCs of
communes/wards and Contractors) to take steps and mobilize the concensus of the PAHs in
handing over their land for deployment of construction activities in parallel with finalization of
procedures for compensation.
SPMB had coordinated closely with District CARBs, PCs of communes/wards and Contractors
to pursuade AHs to hand over the clearance for implementing construction of foundation pit
1963/SXD-KTXD dated 24 December 2015, so do not need to approve the additional compensation plan for
houses, works/ structures. 16
Update to 20/6/2016
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Third Monitoring Report Page | 29
and laying wire.
As mentioned above, Cu Chi district has completed basically the compensation, support
payment to the AHs. Although, the remaining 18 HHs have not yet received the compensation,
but all AHs (195 HHs) handed over the clearance for construction. Up to 20/6/2016, the
Contractors had finished construction of foundation and setting poles at 32/32 locations at Cu
Chi district and to be implementing to lay wire.
CARB of Hoc Mon pursuaded to hand over clearance and pay advance for 184 HHs with
25.849.000 VND. Up tp 20/6/2016 the Contractors finished casting foundation of 16/16 towers,
set pole 15/16 towers and finishing laying wire from T28 to T34.
District 12 pursuaded hand over clearance and pay advance for 39 HHs with 22.140.233.000
VND. Up tp 20/6/2016 the Contractors finished casting foundation of 10/11 towers, set pole
08/11 towers.
General assessments
SPMB and local implementing agencies have many efforts in mobilizing the affected
households to hand over their affected land to deploy the construction activities for ensuring
the progress of the project. This also shows that activities of the public consultation,
information disclosure were done efficiently and has mobilized the support and concensus of
the PAPs for the project implementation.
1.8. Implementation procedures for Compensation
Implementation results
The implementation procedures for the compensation, assistance and resettlement of the
project is carried out following the provisions of the Land Law 2013 and the secondary
legislation (including the decrees, circulars and the related legal documents related to the land
management of the Government and Provincial People Committee), namely:
- Land Law 2013 No.45/2013/QH13 ratified by the Congress on 29 November 2013 and
started taking effect from 01 July 2014;
- Decree No.43/2014/ND-CP dated May 15th, 2014 guiding the implementation of the Land
Law 2013;
- Decree No.44/2014/ND-CP dated May 15th, 2014 regulating land price;
- Decree No.47/2014/ND-CP dated May 15th, 2014 on compensation, assistance,
rehabilitation and resettlement in the event of land recovery by the State;
- Decree No. 14/2014/ND-CP of the Government dated 26 February 2014 - Detailed
regulations on implementation of Electricity Law on safety; and
- Decision No. 23/2015/QĐ-UBND of the Ho Chi Minh City People Committee dated 15
May 2015 on compensation, assistance, rehabilitation and resettlement in the event of
land recovery by the State in Ho Chi Minh City.
- Decision No. 6762/2015/QĐ-UBND issued by Ho Chi Minh City People Committee
dated 10/12/2015 on approving plans for land price adjustment coefficient to calculate
compensation payment and support for affected land for this project at Cu Chi, Hoc
Mon district and District 12.
The implementation procedures of land acquisition and compensation, assistance and
resettlement for the PAHs is implemented with the following steps:
a. Announcement of land acquisition
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b. Issuing the decision of land acquisition
c. DMS
d. Preparation of compensation, assistance and resettlement plans
e. Public posting the compensation plans to collect the opinions of the
PAHs
f. Finalizing the compensation, assistance and resettlement plans
g. Approving the detailed compensation plan and implementation
h. Compensation payment for the PAHs
i. Handing over the ground for construction.
Comments and assessments of the Consultant
SPMB and the local implementing agencies carried out the compensation, assistance and
resettlement activities were done in accordance with the current regulations as mentioned
above.
1.9. Compensation records
Implementation results
SPMB implement directly the internal monitoring activities for compensation, assistance, and
resettlement at all district under the project area. The district CARBs of Cu Chi, Hoc Mon
district and district 12 are the local implementing agencies directly carry out the compensation
activities at the locality. The compensation records (original copies) was stored in the district
CARBs offices/ Land Fund Development Centre in the a database for each affected
household, including name, address of the PAHs, categories17 and quantity of the assets
affected, socio-economic information of the PAHs, calculation sheets of compensation, etc. In
addition, SPMB dispatched the staff-in-charge to monitor directly the implementation of
compensation activities at the district CARBs.
As mentioned in the above sections, due to the compensation records for the PAHs have not
completed, and therefore, the Consultand did not check the compensation documents of the
PAHs. This task will be implemented by the Monitoring team in the next monitoring stages.
Pursuant to the result of checking of compensation records at the implementing agencies, The
Consultant realized that minutes, documents in compensation records of each AHs was stored
fully and clearly. The information on rights of AHs showed detail in calculation sheet of
compensation and assistances for each detailed item.
Comments and assessments of the Consultant
The sufficient and clear presence of the information on the compensation, assistance items
help to the PAHs to clarify their entitlements, because, when they look at the calcualtion
sheets of compensation and assisstances, the PAHs are knowable the specific compensation
amount for for each asset lost. In particular, the draft details compensation plan for each
affected household has been posted up to get comments of APs before approval the
compensation plan. The opinion, question or complaint about compensation policies were
recorded, reviewed and adjusted to explain (if necessary). This has helped the affected
households understand their benefits and minimize the inquiries and complaints during
implementation of the compensation of project
17
Information of member of HHs, main jobs, kind of Ahs was stored in electric file with DMS data
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1.10. Grievance Redress
Implementation results
The grievance redress mechanism established to settle complaints and denunciations on the
land acquisition and compensation in a timely manner. Complaints and grievances related to
any aspects of the project are handling through negotiation, aiming at achieving mutual
agreement. Hence, a reasonable grievance redress mechanism needs to be established. All
affected households can submit their questions directly to the relevant authorities to learn
about issues related to their entitlements such as rights to receive compensation, allowances,
compensation policies, compensation prices, assistances and incomes restoration activities,
etc. and the PAHs will not have to pay any cost for their complaints. To meet the above
requirements, a Grievance Redress Mechanism was established in the REMDF and it
mentioned in uRP.
The third monitoring results indicated there was some problems/ complaints of AHs arising
from posting up the draft of compensation, support plan and during compensation payment.
As presented in the second monitoring report (12/2015), there were not any complaints of AHs
at all districts due to the compensation plans have not still completed and it has also not
published yet to gather opinions and concerns of the PAHs.
At Cu Chi district recorded 2 complaints about the compensation price for land are Nguyen
Van Hoanh - Ap 10 - Tan Thanh Dong Commune, Cu Chi and the household of Do Hoa - at
22/48 Hostel Lu Gia, Ward 15, district 11, HCMC who owned the lot of affected land by
foundation (tower 25) and ROW in Tan Thanh Dong. These households complained about the
compensation price for land. The authorities of Cu Chi District are considering these
complaints of two households and Cu Chi District People's Committee will conduct a dialogue
with households at the end of June, 2016. The Consultant will update information on the status
of grievance redress for 2 cases in the next reports.
Hoc Mon district, during posting up the draft compensation plan has recorded 15 complaints (8
cases in Dong Thanh Commune and 7 cases in Thoi Tam Thon) about content of the
published draft. After receiving these complaints, CARB of Hoc Mon coordinated PC of Dong
Thanh and Thoi Tam Thon commune and SPMB’s staffs to held a dialogue with these HHs on
06/5/2016 to answer questions. After dialogue and explanation of the policies and rights of the
affected households, 10/15 HHs agreed with the compensation plan. The remaining HHs (5)
did not agree after being explained. The CARB of Hoc Mon district and SPMB staffs guided
these HHs grievance procedures to Inspectorate of Hoc Mon to review solving following
progress of existing legal.18 The Consultant will update information on the status of grievance
redress for 2 cases in the next reports
Comments and assessments of the Consultant
Up to June, 2016, only 19HHs complained about compensation, support of the project
accounted for a small ratio (1.96%) in comparision with total of AHs. The grievance redress
procedures is uniformly applied at all district under the project area and in accordance with the
Grievance Redress Mechanism set out in REMDF and updated resettlement plan, as well as
18
Mechanism of grievance redress of the project; Law of grievance redress 2011 effected from 01/07/2012 and
guidelines for implementation as Decree No. 75/2012/NĐ-CP dated on 03/10/2012; Circular No 072013/TT-TTCP
dated on 31/10/2013. Decision No. 07/2014/QĐ-UBND dated on 11/02/2014 issued by HCMC
220kV Cau Bong – Hoc Mon – Binh Tan Transmission Line Project
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comply with the provisions of the Laws on Complaints and Denunciations and the related legal
documents.
1.11. Institutional Capacity of Implementing Agencies .
As described and assessed in detail in the first and second monitoring reports, The Southern
Power Project Management Board (SPMB) is agency who is main responsibility in the
implementation of compensation, assistance and resettlement for the 220 KV Cau Bong – Hoc
Mon – Binh Tan Branches Transmission Line Project. In the course of performing their duties,
SPMB will coordinate closely with the stakeholders such as District People Committees,
District CARDs, communes/ward PCs in the project area to deploy the compensation,
assistance and resettlement activities of the project.
There is a combination mechanism between SPMB and implementing agencies were
established and operated effectively in local and ensuring that all activities of
compensation/allowance and resettlement of the project fully comply with the provisions of the
Government of Vietnam and the requirements of safeguard policy statement of the Asian
Development Bank (ADB). By this cooperation, the problems during the implementation
process as developing the compensation price, solving relevant complaints ... have been
resolved in time to meet the construction schedule of the project.
.
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PART C – CONCLUSIONS AND RECOMMENDATIONS
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I. CONCLUSIONS
Some conclusions of the Consultant on implementation of Compensation, Assistance and
Resettlement as follows:
(i) The progress of the implementation of the compensation for the project is very
slow and prolonged, especially in the sections of Hoc Mon district and district
12, and does not meet the progress of the construction activities. The main
reason is the change of the Land Law 2013 (Law No.45/2013/QH13), especially
the issue "clearly defined that land pricing principles must be in accordance with
the purpose of legally using land at the time of land pricing” which caused difficulties for implementing agencies in the districts/counties of Ho Chi Minh
city in determining the unit price of compensation for affected agricultural land
at replacement cost and this is the main reason affecting the progress of the
compensation.
(ii) SPMB and district CARCs/CARBs at all district in the project area have made a
good process for implementing the compensation, assistance and resettlement
activities. The implementation steps such as public consultation, information
disclosure, DMS, replacement cost surveys, etc... have the participation and
monitoring of the PAHs and the stakeholders. The participatory element,
especially affected women, has been taken into account and focused in all the
steps of the compensation plan implementation. The results of implementation
as described in section 1.3 has shown that, women were involved in all relevant
activities such as community consultation activities, information publicity during
the resettlement planning (36.8% women participated, consultation on policies
and their rights during the listing process for comments on draft compensation
plans (44.8% women involved), and participation in the process of monitoring
and evaluation through direct interview at site (32.8% of women involved)
(iii) The internal monitoring activities have also done well by the SPMB and district
CARCs/CARBs. The internal monitoring reports were prepared weekly with
sufficient contents which need be monitored and the reports reflected the
compensation progress. The compensation records and related documents
were kept and stored carefully at the SPMB and CARBs’/ LDFCs offices of
district.
(iv) The receiving and addressing the complaints of the PAHs about the issues
related to compensation activities were done well in accordance with the
Grievance Redress set out in the REMDF and in the updated resettlement plan,
as well as comply with the current legal provisions. All concerns, complaints of
the PAHs were received by the project implementing agencies (such as SPMB,
district CARCs, CARBs, local authorities, etc.) and the complaints were
considered and addressed according to the regulation of the legal on Grievance
Redress. All complaints and questions arising before and during the preparation
of the compensation plan (2 cases in Cu Chi, 15 cases in Hoc Mon district, and
2 cases in District 12) are under consideration to resovle in 2016. All of 195/195
affected households in Cu Chi district handed the land since late May 2016. For
Hoc Mon district and district 12, 184 households of Hoc Mon district and 39
households of District 12 handed over the land for implementation of
construction activities although they has not received full compensation or
support.
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(v) The public consultation and information disclosure activities were performed
effectively in all stages of the project implementation. This is an important factor
to get the consensus of the local community and the PAHs during the project
implementation, through the majority of affected households agreed to hand
over their land for deploying construction activities before they receive the
compensation and assistances.
(vi) The organizational structures for implementation of the compensation,
assistance and resettlement activities of the project were established
completely from SPMB to the local implementing agencies (district CARBs,
CARBs, communes/wards). The staff-in-charge of the SPMB and the local
implementing agencies have met the requirements of expertise and have highly
responsible in the work implementation.
(vii) The effective coordination among the SPMB and local implementing agencies
(district CARCs, CARBs, communes/wards) is a basic factor to remove and
address the obstacles during implementation of the compensation, assistance
and resettlement activities. SPMB dispatched their staff-in-charge to regularly
monitor and coordinate with the local implementing agencies in the
implementation process.
II. RECOMMENDATIONS
To quicken the implementation progress of the compensation, assistance and resettlement
activities of the project, the Consultant provide some recommendations to the SPMB and the
local implementing agencies, as following:
(i) As stated in section 1.6, there are still 18 households in Cu Chi district who has
not received compensation and support. Although the CARB of Cu Chi district
has opened bank account and transfered the the entire remaining amount of 18
above households into Commercial Bank. At completion of the procedure, the
households will receive the compensation and the interest arising, however,
SPMB and CARB of Cu Chi district need to coordinate with relevant agencies to
urgently resolve the remaining difficulties and to pay compensation for these
households. Simultaneously, SPMB and CARB of Cu Chi district should also
speed up to approve the additional compensation plan for 20 affected
households whose houses and constructions/structures are affected and pay
compensation to these households in order to complete the compensation of
the project.
(ii) SPMB should continue coordination with the CARCs and CARBs of Cu Chi,
Hoc Mon and district 12 to prompt to progress of activities of planning, posting
up, finalizing and approving compensation plan for AHs and report, propose
budget plan to the NPT to meet payment of compensation and support for the
PAHs in Hoc Mon district and Distric 12 in July, 2016.
(iii) For the cases of complaint (07) in District 12 and Hoc Mon district, SPMB
should coordinate closely with the CARB and the Inspector of districts/ counties
to review, consider and resolve complaints of affected households to ensure
their rights and to comply with the complaint resolution process of the project.
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PART D – APPENDICES
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Appendix 1 – Information on the third monitoring actities
Working team Composition
No Full name/
Proposed Position
Professional
Qualification
Years of
Professional
Experience
- Tasks Assigned
1. Phan Vu Loi
Team leader/
External Monitoring
Expert
Master of
Environmental
Engineering
and
Management.
Bachelor of
Mechanical
15 years - Work with SPMB, local
authorized organizations and
other stakeholders during
monitoring process.
- Review of approved RPs, DMS
and other related social
safeguard documents.
- Planning and implementation of
monitoring activities at the
offices and fields.
- Manage and monitor all
activities during the
implementation;
- Be responsible for preparing
reports, socio-economic surveys
and affected asset inventory;
- Monitoring the data collection
and processing.
2. Mai Thị Kim Chi
External Monitoring
Expert
Master of Rural
Economics and
Sociology.
Bachelor of
Science in
English.
18 years - Assist team leader in reviewing
the RPs, DMS and other related
social safeguard documents.
- Assist Team leader t in random
check the compensation
documents at the offices.
- Carry out data collection on
sites in accordance with forms
approved by SPMB for each
monitoring stage.
- Deploy other related
professional tasks as assigned
by Team leader.
3. Ms. Pham Thi Mai
Lan
Admin/translator
Bachelor of
Finance and
Banking
Bachelor of
English
language
10 years - Support team in translation
report into English
- Assist team in communication
with SPMB and relevant
agencies…
- Prepare and hire facilities and
equipments for the monitoring
implementation.
- Print and make copies of
collected documents and other
documents.
- Other necessary tasks
Time for monitoring
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The third monitoring was implemented by the Consultant from 20/6/2016.
Main activities of the monitoring
a. Working at office
The Consultant had worked with Stakeholders including Compensation Department – SPMB,
CARB of Cu Chi, Hoc Mon District and District 12.
In meetings with the Stakeholders mentioned above, the contents discussed to collect
information related to implementation of compensation, including:
(i) Update data on Ahs to monitoring stage ( June 2016);
(ii) Collect relevant information on progress of compensation of each district;
(iii) Discuss, collect information on process of compensation implementation in each
district, concentrate in information on manner and process of verification of
compensation price (replacement price) for affected land and houses by the project
and complains in implementation.
(iv) Activities of public consultation and publicing information for Ahs;
(v) Collect information related to receiving and solving complains of each local and
record documents of complain in each local;
(vi) Collect information on organization structure of CARB of districts and combination
scheme between these agencies with local agencies and people’s committee at
commune/ ward in implementation of compensation and land clearance for project.
b. Site visit
The Consultant conducted surveys at 05 communes of Cu Chi and Hoc Mon district and 02
wards of District 2 and conduct to interview by questionnaire with 32 AHs.
Besides, the Consultant also conducted some positions where implementing towers in Hoc
Mon district and District 12, Ho Chi Minh City.
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Appendix 2 - List of person who the Consultant met
No Full name Position Employer Not
A Southern Power Project Management Boad - SPMB
1 Nguyễn Hải Đăng Head of Compensation
Department
SPMB
2 Nguyễn Huỳnh Đức Tuân Officer SPMB
3 Lê Trọng Mẫn Officer SPMB
4 Truong Quang Lam Officer SPMB
5 Trương Hoài Nam Officer SPMB
B Compensation, Assistance and Resettlement Board - Cu Chi District
6 Nguyễn Duy Nhất Deputy of 3 Professional
Group
C Compensation, Assistance and Resettlement Board - District 12
7 Nguyễn Văn Lơi Deputy Director
8 Nguyễn Văn Hồng Head of Professional Group
D Compensation, Assistance and Resettlement Board - Hoc Mon District
9 Trương Quốc Cường Head of Professional Group
10 Nguyen Ngoc Thuong Officer Hoc Mon CARB
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No Full name Address
A Cu Chi District
Tan Phu Trungcommune
1 Trần Thị Liễu Giồng Sao hamlet – Tan Phu Trungcommune –Củ Chi district
2 Huỳnh Ngọc Tấn Trạm Bom hamlet - Tan Phu Trungcommune –Củ Chi district
3 Nguyễn Văn Môi Trạm Bom hamlet - Tan Phu Trungcommune –Củ Chi district
Tan Thanh Dong
commune
4 Phạm Thị Ro Hamlet 10 – Tan Thanh Dong commune – Củ Chi district
5 Trần Văn Hiều Hamlet 8 - Tan Thanh Dong commune – Củ Chi district
6 Phạm Thi Đẹt Hamlet 10 – Tan Thanh Dong commune – Củ Chi district
7 Trần Văn Tào Hamlet 10 – Tan Thanh Dong commune – Củ Chi district
8 Đặng Phước Long Hamlet 1 - Tan Thanh Dong commune – Củ Chi district
Binh My commune
9 Đào Văn Đức Hamlet 7 – Binh My commune - Củ Chi district
10 Nguyễn Văn Phương Hamlet 7 – Binh My commune - Củ Chi district
11 Nguyễn Bá Tòng Hamlet 8 – Binh My commune - Củ Chi district
12 Lê Thị Huệ Hamlet 8 – Binh My commune - Củ Chi district
13 Nguyễn Văn Phương Hamlet 7 – Binh My commune - Củ Chi district
B Hoc Mon District
Dong Thanh commune
14 Trần Ngọc Điện Hamlet 1 – Dong Thanh commune – Hoc Mon district
15 Trần Văn Trống Hamlet 1 – Dong Thanh commune – Hoc Mon district
16 Nguyễn Thị Chung Hamlet 6 – Dong Thanh commune – Hoc Mon district
17 Huỳnh Văn Hít Hamlet 1 – Dong Thanh commune – Hoc Mon district
18 Huỳnh Ngọc Hoàng Hamlet 1 – Dong Thanh commune – Hoc Mon district
19 Đặng Thị Phường Hamlet 1 – Dong Thanh commune – Hoc Mon district
20 Huỳnh Thị Lang Hamlet 1 – Dong Thanh commune – Hoc Mon district
21 Nguyễn Thị Đào Hamlet 1 – Dong Thanh commune – Hoc Mon district
22 Nguyễn Hùng Minh Hamlet 1 – Dong Thanh commune – Hoc Mon district
23 Nguyễn Ngọc Hoàng Hamlet 1 – Dong Thanh commune – Hoc Mon district
24 Nguyễn Văn Quân Hamlet 1 – Dong Thanh commune – Hoc Mon district
25 Trần Thị Đầy Hamlet 1 – Dong Thanh commune – Hoc Mon district
26 Bùi Thị Rời Hamlet 1 – Dong Thanh commune – Hoc Mon district
27 Đào Văn Xuân Hamlet 1 – Dong Thanh commune – Hoc Mon district
28 Dương Văn Qua Hamlet 1 – Dong Thanh commune – Hoc Mon district
Thoi Tam Thon Commune
29 Trần Mỹ Dung Tam Dong 3 hamlet – Thoi Tam Thon commune –Hoc Mon district
C District 12
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No Full name Address
Tan Chanh Hiep ward
30 Trần Văn Hải 81/5D - KP1 –Tan Chanh Hiep ward– District.12
31 Lê Thành Chung KP8 - Tan Chanh Hiep ward– District.12
Tan Thoi Hiep ward
32 Trần Thị Nuôi KP1A –Tan Thoi Hiep ward– District.12
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Appendix 3 – Forms of information collection and assessment
Main information for reviewing compensation document
(i) Full name of AH?
(ii) List of paper in compenstion document?
(iii) Have enough signature, date in the document?
(iv) Have authorized letter in case of owner sign?
(v) Date in the document relevant with actual implementation or not?
(vi) The property inventory calculate for affected or damaged assets?
(vii) Calculation of price including all assets and other interests?
(viii) Reviewing and solving complain document?
- Content of complaint
- Complain procedure
- Time for redress
Outline of semi-structure interview
(i) Full name, occupation, number of HH member
(ii) Affected level of HH
(iii) Benefit received from project
(iv) Project information: Project name; Implemting agency; Fund for projects;
People role in project implementation progress.
(v) Community consultation on compensation policy. Opinion of Aps about
compensation, assistance for affecte land, work/structure and other impactions.
(vi) Attitue of people for project implementation
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Appendix 4 – Questionair to collect information on site
FORM OF QUESTIONNAIRE
(Will be used for periodic monitoring stages)
Code
Types of Impacts:
1 Land affected 2 Houses/structures affected
3 Crop/Trees affected 4 Relocated
I. General information on HHs
1. Name of Interviewee: .................................................
Age: ......... Gender: Male 1 Female 2 Education:.........
Vocation: ............................................ Relationship with householder: ..........................
2. Name of Householder: ....................................................................
Age: ......... Gender: Male 1 Female 2
Education:........... Vocation:...........................................
Address: ....................................................................................................................................
3. The number of persons living with householder: ..........................
In which: Male: ........... person(s) Female: ...........person(s)
The number of persons with income: ......... person(s)
4. Ethnic group of Householder?
Kinh 1 Hoa 2 Other 3 (clearly stated): ...........................
5. Does the family belong to policy families to receive social allowances?
1 Yes 2 No
6. Impacts (Notes, 1 HHs may have more than 1 impact)
1 Affected land
2 Affected agricultural land (Percentage of lost land :.......................)
3 Affected houses and other construction architectures
4 Affected houses hired from the State
5 Affected business and services
6 Affected living facilities
II. Project information disclosure
7. Are you aware of project information?
1 Yes 2 No
8. Which of the following sources do you get information on the project?
1 Leaflet 4 Local cadre
2 Notice board 5 Project staff
3 Mass Media (newspaper, radio...) 6 Community meeting
7 Other sources (Clearly stated) ..........
………………………………. 9. Do you understand all contents of compensation options and your benefit through information
disclose campaigns?
1 Yes 2 No
If no, then why?
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1 Information disclosure is not clear 3 Do not know who can answer your
questions
2 Do not wish to understand 4 Others (Clearly
indicated):…………………...
…………………………………
III. Asset inventory:
10. Are you prior informed on time for measurement, inventory of affected assets?
1 Yes 2 No
11. Do you involve in affected asset inventory?
1 Yes 2 No
12. Do you have any affected asset not inventoried?
1 Yes 2 No
If yes, then what?......................................................................................................
13. Are measurement on affected land and house accurate?
1 Yes 2 No
14. Do you check and sign the minutes for asset inventory?
1 Yes 2 No
15. Do you keep one copy of calculation on compensation for affected assets?
1 Yes 2 No
IV. Compensation and Allowances (for heavily affected HHs: displaced HHs, HHs with more than
10% productive land area lost)
16. Do you discuss on selection of compensation option? (for example discussion on compensation
by cash, land for land compensation, house for house compensation …..)
1 Yes 2 No
17. Do you check the calculations on compensation?
1 Yes 2 No
18. Have you received any compensation payment?
1 Already received 2 Not yet received
If yes, then for what?
1 Compensation for affected land 2 Compensation for affected assets
3 Other compensation (Plants,..)
19. When did you receive compensation?
1 Before construction period
2 During construction period
3 After construction period
20. Which of following allowances do you receive?
1 Allowance for lost agricultural land
2 Allowance for affected crops, plants
3 Allowance for business
4 Allowance for vocational training
5 Allowance for removing reusable materials
6 No allowance at all
21. Are you satisfied with compensation unit price?
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1 Yes 2 No
If no, then why?
....................................................................................................................................................
22. When land is recovered, is there any member of your family loss job?
1 Yes 2 No
23. Do you receive any support from local government in living stabilization? (for HHs with more
than 10% productive land lost)
1 Vocational training 2 Assistance for finding new job
3 Credit assistance, production loan 4 Other assistance
V. Complaints and Complaint resolution
24. Do you have any complaints?
1 Yes 2 No (Move to 46)
25. Have your complaints been solved?
1 Yes 2 Not yet
How long your complaint(s) solved....................................................................................
VI. Recommendations
26. Do you have any recommendations for the project?
....................................................................................................................................................
....................................................................................................................................................
Interviewee
(Sign and name)
Date……month….year…. Interviewer
(sign and name)
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