ETHNIC MINORITIES DEVELOPMENT PLAN (EMDP)

Type of document: Ethnic Minorities Development Plan (EMDP)

BAO LAM 1 HYDROPOWER PLANT INVESTMENT & CONSTRUCTION PROJECT

In Bao Lam district, Cao Bang province

Prepared by: Power Construction JSC, No. 1

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ABBREVIATIONS

AH Affected Household

AP Affected Person

CPC Commune Peoples’ Committee

DMS Detailed Measurement Survey

DPC District Peoples Committee

DRC District Resettlement Committee

EMPF Ethnic Minority Plan Framework

EMDP Ethnic Minorities Development Plan

GOV Government of Vietnam

HH Household

IOL Inventory of Losses

LAR Land Acquisition and Resettlement

LURC Land Use Rights Certificate

MOF Ministry of Finance

MOLISA Ministry of Labor, Invalids and Social Assistance

NGO Non-Government Organization

PPC Provincial People Committee

RP Resettlement Plan

TOR Term of Reference

USD United States Dollar

VND Vietnamese dong

WB World Bank

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GLOSSARY

Affected person /

Affected household

- Means any person, household, firm or private institution who, on

account of changes resulting from the Project, or any of its phases or

sub-projects, will have its (i) standard of living adversely affected;

(ii) right, title or interest in any house, land (including residential,

commercial, agricultural, forest, salt mining and/or grazing land),

water resources or any other moveable or fixed assets acquired,

possessed, restricted or otherwise adversely affected, in full or in

part, permanently or temporarily; and/or (iii) business, occupation,

place of work or residence or habitat adversely affected, with or

without displacement.

In the case of affected household, it includes all members residing

under one roof and operating as a single economic unit, who are

adversely affected by a project or any of its components.

Detailed Measurement

Survey

- With the aid of the approved detailed engineering design, this

activity involves the finalization and/or validation of the results of

the inventory of losses (IOL), severity of impacts, and list of APs

earlier done during RP preparation. The final cost of resettlement can

be determined following completion of the DMS.

Compensation - Means payment in cash or in kind to replace losses of land, housing,

income and other assets caused by the Project. All compensation is

based on the principle of replacement cost, which is the method of

valuing assets to replace the loss at current market rates, plus any

transaction costs such as administrative charges, taxes, registration

and titling costs.

Ethnic minority - People with a group status having a social or cultural identity

Distinct from that of the dominant or mainstream society.

Income restoration - This is the re-establishment of sources of income and livelihood of

the affected households.

Income restoration

program

- A program designed with various activities that aim to support

affected persons to recover their income / livelihood to pre-project

levels. The program is designed to address the specific needs of the

affected persons based on the socio-economic survey and

consultations

Land acquisition - Refers to the process whereby an individual, household, firm or

private institution is compelled by a public agency to alienate all or

part of the land it owns or possesses to the ownership and possession

of that agency for public purposes in return for compensation at

replacement costs.

Relocation

- This is the physical relocation of an AP from her/his pre-project

place of residence and/or business.

Severely affected

households

-

This refers to affected households who will (i) lose 10% or more of

their total productive land and/or assets, (ii) have to relocate;

Stakeholders - Individuals, groups, or institutions that have an interest or stake in

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the outcome of a project. The term also applies to those potentially

affected by a project. Stakeholders include land users, country,

regional and local governments, implementing agencies, project

executing agencies, groups contracted to conduct project activities at

various stages of the project, and other groups in the civil society

which may have an interest in the project.

Vulnerable groups - These are distinct groups of people who might suffer

disproportionately or face the risk of being further marginalized by

the effects of resettlement and specifically include: (i) single-female

headed households with dependents, (ii) disabled household heads,

(iii) households falling under the generally accepted indicator for

poverty, (iv) children and the elderly households who are landless

and with no other means of support.

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TABLE OF CONTENT

SUMMARY ........................................................................................................................... vii

I. INTRODUCTION ................................................................................................... 11

A. Overview of the Renewable Energy Development Project ........................................... 11 B. Bao Lam 1 Hydropower Plant .................................................................................. 12 C. Objectives of the EMDP ......................................................................................... 16

II. LEGAL FRAMEWORK OF THE EMDP ................................................................... 17

A. Legal documents and national policies on the ethnic minority community ..................... 17 B. Policies and programs on ethnic minority community ................................................. 18 C. Policies of World Bank on ethnic minority community ............................................... 19

III. SOCIO-ECONOMIC CHARATERISTICS OF ETHNIC MINORITY COMMUNITY IN

THE PROJECT AREA ........................................................................................................... 21

A. Overview of ethnic minorities in the project are ......................................................... 21 B. Socio-economics characteristics of ethnic minority groups affected by the project ......... 24 C. Gender, gender equality and ethnic minorities............................................................ 26

IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION ................... 29

A. Information disclosure ............................................................................................ 29 B. Community consultation and participation ................................................................ 29 C. Results of information dissemination and Public consultation ...................................... 30

V. ASSESSMENT OF PROJECT IMPACTS TO ETHINIC MINORITIES ........................ 34

A. The positive impact ................................................................................................ 34 B. Negative impacts .................................................................................................... 34

VI. THE MITIGATION MEASURES AND DEVELOPMENT FOR ETHNIC MINORITIES 37

A. The mitigation measures ......................................................................................... 37 B. Maintaining and Promoting Measures ....................................................................... 39 C. The development measures for the ethnic minorities ................................................... 40

VII. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION PLAN .................... 43

A. Institutional Arrangement ........................................................................................ 43 B. Implementation Plan ............................................................................................... 43

VIII. COMPLAINTS AND GRIEVANCE REDRESS MECHANISM ................................... 45

IX. MONITORING AND EVALUATION ....................................................................... 46

A. General requirements for monitoring and evaluation ................................................... 46 B. Monitoring indicators ............................................................................................. 47

X. BUDGET AND DISBURSEMENT PLAN ................................................................. 48

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LIST OF TABLES

Table I-1 Work items and key parameters of Bao Lam 1 Hydropower Plant .......................................... 13

Table II-1 Legal documents of the Vietnamese Government for ethnic minorities ............................... 17

Table III-1 Information on EM in affected area ....................................................................................... 21

Bảng III-2: Effects of land resources of Bao Lam 1 hydropower project ................................................ 21

Table III-3 Education level of HH heads investigated per affected commune ........................................ 25

Table III-4 Information on main income sources of investigated HHs .................................................... 25

Table III-5 Average income of the investigated HHs (VND mil) ............................................................ 26

Table III-6 Monthly average expenditures of investigated HHs (proprotion %) ..................................... 26

Table III-7 General information on gender rate in the affected commune ............................................... 27

Table III-8 Labor allocation in families in terms of gender ..................................................................... 28

Table IV-1 Time, venue and number of participants in commune public consultation meetings ........... 29

Table IV-2 Summary of contents of discussion and opinions at the Public consultation meetings ......... 30

Table IV-3 Concerns of affected community and commitment of the investor ....................................... 32

Table V-1: Negative impacts of Bao Lam 1 hydropower project ............................................................ 35

Table VI-1: Measures to mitigate negative impacts ................................................................................. 37

Table VI-2: Maintaining and Promoting Measures .................................................................................. 39

Table VI-3: The development measures for the ethnic minorities ........................................................... 40

Tabe VII-1: Implementation Progress of EMDP ..................................................................................... 44

Table IX-1: Monitoring indicators in EMDP ........................................................................................... 47

Table X-1: Total funds for implementation of EMDP ............................................................................. 48

ANNEXES

ANNEX 1 LIST OF AHs – BAO LAM HYDROPOWER PROJECT

ANNEX 2 LIST OF HOUSEHOLDS ATTENDED THE MEETINGS

ANNEX 3 CONSULTATION MEETING MINUTES

ANNEX 4 SOME PHOTOS OF CONSULTATION

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SUMMARY

Introduction

1. The general objective of the Renewable Energy Development Project is to support the

development of renewable energy sources producing electricity with lowest costs in sharing with the

national total electricity generation under commercial sustainability and ensuring social and

environmental sustainability.

2. Bao Lam1 hydropower plant is implementing on the side of River Gam, and 500m

distanced from the confluence point of river Nho Que, the capacity of the plant estimated

about 30 MW. All the supply and logistic areas will set up at Ly Bon local - Bao Lam district,

the reservoir supplies water jet to the hydropower plant along to rivers Gam, Que and located

in Ly Bon, Vinh Quang locals of Bao Lam district and Bao Toan locals of Bao Lac district.

3. The construction items of Bao Lam Hydropower Plant No. 1 include daily reservoir

system on the Gam River with capacity of 8.89 million m3; construction cluster including

gravity concrete rolling weir of 28m long, 7m wide; maximum height of 24,5m. Spillway is

arranged in the middle of the main dam and damper door. The spillway has 6 compartments

using flat gates with size of BxH = 15x13,5m, including 6-valve operated by winches and 1

control valve malfunction operated by crane operation, overflow elevation threshold 149,5m.

The total length of the overflow line is 107,5m and 40,5m high, 90m long spillway. Right lane

energy system includes intake, hydroelectric plants, discharge canal and 110 kV distribution

substations. Hydropower plant is equipped with 2 units of Bulb turbines with capacity of

30MW. Plant downstream is arranged with valve malfunction, the size of the waterway is

nxBxH = 2x8,6x8,6m valve, valve gate is operated by electric winch system. 110kV

substation is located on the left bank on the way to the water inlet. Distribution Station area

LxB = 56x31m is planned to be 169 m in elevation. Station is arranged 2 transformers for 2

machine units. Distribution substations connected to the national electricity system with a

wire of 110kV to 110 / 220kV station located around 100m far from Bao Lam hydroelectric

plant.

4. Total suppliment areas is 8,6ha. Of which, the logostic areas covered 7,1ha, functional

areas 0,4ha, office and stationaries 0,5ha, housing 0,6ha. Each areas will provide a certain

fuction following the specific requirements.

5. According to the WB’s safeguard policies on Ethnic minority, the Borrower must execute the

safeguard measures for the ethnic minority as the project has certain impacts on the ethnic minority.

Based on such a basic, this EMDP prepared for the Bao Lam 1 Hydropower Project aims to ensure

that negative and positive impacts have been considered, and relevant measures have also been

proposed to eliminate risks or highly mitigate the impacts of the project on the lives and culture of the

ethnic minority at affected areas.

Legal Framework for the EMDP

6. Vietnam’s Constitutions in 1946, 1959, 1980 and 1992, along with other legal documents

(updated until 2014) related to works and the development strategies for the ethnic minority as well as

the ethnic development policies of the World Bank (WB) – OP4.10 are the important legal foundations

in the preparation of the EMDP for the Bao Lam 1 Hydropower Project; the ethnic minority-related

policies of the local and government as well a WB have been applied in combination with the EMDP

to ensure that the ethnic minority community living around the Bao Lam 1 Hydropower Project is

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consulted and provided with a full of information, and participated in the implementing stages of the

Project, benefits from the Project, and the negative impacts of the Project on culture, economics and

society are highly mitigated.

Socio-economic characteristics of ethnic minority community in the project area

7. Bao Lam district natural conditions and geography: The distict located on West side

of Caobang province, the centre of the district named Pac Miau and 13 locals (Mong An, Thai

Hoc, Thai Son, Nam Cao, Nam Quang, Tan Viet, Yen Tho, Quang Lam, Thach Lam, Ly Bon,

Duc Hanh, Vinh Quang, Vinh Phong). The main road 34 is crossing to the areas, and

from 173 km toward west direction to Caobang province. Total natural areas is 90.294 ha.

The population in the place is 56.694 persons and the people living in high areas covered

about 89% of total population in the areas. The population density is 62 person/km2, in

province level 77 person/km2. Ethnic groups are Tay, Nung, Mong, Dao, Kinh, San Chi, Lo

Lo, Quy Chau.

8. Bao Lac district: Location: west side of the; Main road: No. 34 (100Km from

Caobang centre); Total natural areas: 918.81 km2, Local and sub-locals: Bao Lac, Son Lo,

Dinh Phung, Hung Dao, Huy Giap, Hong An, Xuan Truong, Khanh Xuan, Phan Thanh, Hong

Tri, Co Ba, Bao Toan, Coc Pang, Thuong Ha, Hung Thinh, Son Lap, and Kim Cuc.

9. Hoseholds: 8.905/49550 person (2013), includes 7 ethnic groups: Tay: 13.748 persons

(28,1%), Dao: 11.865 persons (24,25%), Nung: 11.925 persons (23,09%), Mong: 7.608

persons (15,55%), San Chi: 2.355 persons (4.81%), Lo Lo: 1.290 persons (2,63%), Kinh: 412

persons (0,84%), others: 347 persons (0,71%). Population density 53 person/km2, population

growth rate 1,4%. Labour potentian: 24.950 persons (50% total population); Of which, la

50,8% women, trained labours 15%.

10. Agricultural production is main source of income of the ethnic minority community in

the project area, as results of the household survey with 203 interviewees have their incomes

from agricultural production. However, agricultural production has still been in manner of

autarky and no market orientation, thus many households are poor according to the living

standards of the poor as regulated by GOV.

11. In terms of infrastructure and social services, through the GOV’s policy programs of

hunger eradication and poverty reduction, such as program 134, 135, 30A, etc. there are many

funds investing in agricultural production and infrastructure for the households of the ethnic

minorities, thus in recent year the infrastructure has been improved clearly, the households in

the project site have chance to use electricity and radio station, etc.

Information dissemination and community consultation

12. Many consultant meetings and group discussions were held from start in the year 2014

with the participation of stakeholders, especially local authorities and vulnerable households,

to provide households with the full information on the project and activities from initial stage

to operation stage of the project, and to get households’ feedback and comments proposing

measures within the development plan.

13. In the next stage of the project, the dissemination and consultant meetings with local

authorities and households will be held frequently at each important stage or necessary time

of the project.

Assessment of impacts of the project

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14. Bao Lam 1 Hydropower Plant will bring long-term positive impacts on a wide range

of natural and socio-economic environment, including: (i) the supply of electrical energy is

115,7million kWh / year for the country; (ii) contribute to improve the social and economic

life of the people at Ly Bon Commune, Vinh Quang Commune and Bao Toan Commune,

contributing to shorten the gap among communes, promote the process of rural

industrialization in particular and industrialization in general; (iii) during operation process,

the plant will contribute to improve the air environment, flood flow regulation.

15. Construction and operation of the building will also have some negative effects: (i) the

construction flooded and long occupied of 103.91 ha of land planted mostly perennials, land

for rice cultivation, annual crop land and other land; (ii) the reservoir influence 300m gravel

roads from Ly Bon Commune to suspension bridge and 09 households have moved out of the

flood area; (iii) two graves relocated with 162m high from the riverbed.

16. Potential impacts of the project include positive and negative impacts discussed carefully at

the consultant meetings and group discussions among the project implementing partners and relevant

agencies as well as households affected. Basically, there were not seriously negative impacts of the

project on local households’ lives and belief culture as well as manners and customs.

Mitigation and development measures for the ethnic minority

17. For unavoidable impacts are flooding and occupying of 103.91 ha of land, an important

mitigation measure is occupied land compensation and satisfactory and reasonably agro-forestry

products to people. Policy of compensating damages will be prepared on the basis of existing legal

documents by the project manager, adhering to the technical requirements as well as social

requirements (local government, affected people). The project occupies an area of land, including

agricultural land, forest land plant shrubs, grass ..., the project manager and the contractors shall

indemnify the property and crops on land.

18. The construction of Bao Lam 1 Hydropower Plant and the activities of the construction

process, it is difficult to avoid unwanted effects. Therefore, all the positive effects and the negative

effects are studied and discussed to propose mitigation measures to overcome or support ethnic

minority to early stabilize daily life.

Institutional arrangement and implementation plan

19. The implementation of the ethnic minority development plan needs to have a

coordination of organizations and agencies from provincial level to local level and the ethnic

minority community at local. The Client of the Bao Lam 1 Hydropower Project will be a lead

organization and coordination with other implementation organizations. Power Construction

JSC, No. 1 has responsibilities to provide funds for implementing all activities/tasks proposed

in the EMDP and to report to stakeholders.

Complaints and Grievance redress mechanism

20. Complaints and Grievance redress mechanism in this EMDP have been made based on

Vietnam’s laws on complaints and denunciations, consulted with local authorities, the ethnic

minority community and also involving in particular cultural characteristics and traditional

culture mechanisms of the ethnic minority community in the project area

Monitoring and evaluation

21. Proposed measures and implementing timeframe of the EMDP for the Bao Lam 1

Hydropower Project will be monitored closely to (i) ensure the implementing progress of the plan; (ii)

undertake rightly the mitigation measures of the plan; (iii) assess effectiveness of the measures and

propose supplement measures if necessary; (iv) identify potential or generated problems to the ethnic

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minority community during the implementing period of the project; and (v) identify quick response

measures to mitigate these issues.

22. Independent and internal monitoring system, monthly and quarterly monitoring reports will be

submitted to the Project Management Board and World Bank (WB). Independent monitoring agency will

be recruited to implement the independent monitoring, and the independent assessment will be made

annually, except for the beginning period of the project with monitoring requirement of twice per year.

Budget and disbursement plan

23. Total budget of implementing development measures within the EMDP is 132,000,000

VND (approximately US$ 6,286) including the contingency cost of 10%. Implementation costs will be

paid by the Power Construction JSC, No. 1 be responsible to fund for implementing all activities

of the EMDP required.

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I. INTRODUCTION

A. Overview of the Renewable Energy Development Project

24. The goal of the Renewable Energy Development Project is to support the development of the

electricity–generated renewable energy sources with lowest costs to share with the national electricity

network based on the commercial sustainability, and ensuring the social and environmental sustainability.

The project has 3 components: (i) Component of investment project implementation; (ii) Component of

institutional establishment; and (iii) Component of information channel development.

25. Component of investment project implementation consist of (i) Allow commercial banks to re-

borrow funds to provide valid loans for the renewable energy projects with a maximum capacity of 30MW

invested by private investors, and (ii) Technical support to enhance the capacity of the participating banks

and investors of sub-projects in the preparation, appraisal, financing and the implementation of the

renewable energy projects in comply with international practice. This component will be coordinated by

the Renewable Energy and Rural Electricity Project Management Board (PMB) of Ministry of Industry

and Trade. This component consists of two sub-components as follows:

Provide credits to support investment in renewable energy: Provide credits to support

investment in renewable energy: Private investors will establish sub-projects in small

hydropower sectors, wind power and biomass with a maximum capacity of 30MW in

accordance with the criterions of the renewable energy development project including

environmental and social safety standards. Investors commit to contribute equity with at

least 20% of the total investment capital and will make a maximum loan from the

participating banks with 80% of the total investment capital of the subproject.

The participating banks are selected based on competition and will be responsible to

appraisal the valid renewable energy sub-projects under the proposal of investors, and

provide loans for the projects meeting fully requirements of the banks. The participating

banks will allow the sub-projects to make a loan in accordance with the commercial

clauses identified by the market, and be fully responsible to credit risks of the loans.

Valid loans will be refinanced 80% of loan value for the participating banks or 64% of the

total investment value of the sub-projects, meaning that the participating banks will

commit to make a loan of at least 16% of the total investment value in each sub-project’s

budget and investors will contribute equity of 20% total investment capital. After the

letters requesting re-borrow were approved, the participating banks will achieve re-loan

from the renewable energy development project (World Bank – WB) ratified by Ministry

of Finance (MOF). Re-loan from the renewable energy development project will be

sponsored from WB’s capital through the loan of MOF in accordance with the clauses of

WB.

It is anticipated that about 20-25 subprojects will be sponsored through the re-loan

mechanism. When operating, the total design capacity of these projects will be at 210MW

and generate the annual electricity capacity of 880GWh.

Technical Assistance to implement the investment project: The technical assistance of

Component 1 will support the general management of the renewable energy development

project, check validity of the loans and enhance capacity for the participating bank,

investors and other stakeholders. The Project Management Board will manage the

technical support. The technical support will focus on providing investors with necessary

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skill guidelines to identify the feasible projects and prepare the loan-making proposals

from banks through the appraisal and capital loan negotiation.

The technical assistance will also focus on training the ways of establishing feasible

research, optimize design, construction management, operation, maintenance, financial

risk management and consideration of social and environmental safety issues. The banks

will be supported to enhance the understanding of investment risks in the renewable

energy projects, and to monitor the project to ensure safety, and to establish the credit

policies and to appraisal the sub-projects in accordance with these policies. The technical

support will also support the Project Management Board in managing the Renewable

Energy Development Project.

B. Bao Lam 1 Hydropower Plant

1. Legal Base

26. The law of Land use planning issued 2013 by Vietnam Gorvernment, proved by Vietnam

Congress Committy by date 29/11/2013 and effected 01/07/2014.

27. The law of Water Resources Management No. 17/2012/QH13 of Vietnam Congress

committy by date 21/6/2012.

28. The low of Forest protection and development No. 29/2004/QH11 of Vietnam Congress

Committy by date 3/12/2004.

29. The law of Energy issued 2004 by Vietnam Gorvernment 03/12/2004.

30. Decree No.47/2014/NĐ-CP dated 15/05/2014 by the Governement regulating on

compensation, assistance and resettlement when the State acquired land. (Replacement of Decree

No. 197/2004/NĐ-CP) dated 3/12/2004).

31. Decision No. 6620/QĐ-BCT of Vietnam Ministry of Industry-Trade issued on

19/12/2011 reviewing the hydropower plant construction base on river Gam.

32. Decision No. 3336/2009/QĐ-UBND on date 31/12/2009 of Caobang Provincial

community on compensation, resettlement support policies due to hydropower plant construction

in the affecting areas; Decision No. 638 /2011/QĐ-UBND on date 09/4/2011 of Caobang

Provincial community on correction the content of the Decision No. 3336/2009/QĐ-UBND.

33. Decision No. 26/2013/QĐ-UBND on date 27/12/2013 of Caobang Provincial community

on the land use prices, issued by the year 2014

34. Decision No. 891/2011/QĐ-UBND on date 20/5/2011 of Caobang Provincial community

on the compensation prices of crops and aquatic cultivations

35. Decision No.401/2011/QĐ-UBND on date 08/3/2011 of Caobang Provincial community

on the resettlement support policies due to land lost to the affected groups

36. VN-2000 topography map scaling 1/10.000 issued 2003

37. INTERGEO4 Topography map scaling 1/2.000 issued 3/2014

38. The existing land use map scaling 1/2.000 issued by MTV. Ltd. On date 3/2014

39. The legalised document of Baolam Hydropower plant, issued by MTV. Ltd. year 2014.

2. Characteristics of the plant

40. Bao Lam 1 Hydropower plant uses water dynamic of rivers Gam and Nho Que to generate

power. The head sections of the plant are located along the banks of these rivers, closed to main

roads 34 and 4C. The hydropower plant dam is construct at the crossing point of rivers Gam and

Nho Que, 500m from Ly Bon bridge toward to the watershed of the river Ly Bon, Bao Lam- Cao

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Bang. The reservoir of the plant is locate in Vinh Quang, Ly Bon locals - Bao Lam district and

Bao Toan locals -Bao Lac district.

41. The construction items of Bao Lam Hydropower Plant No. 1 include daily reservoir

system on the Gam River with capacity of 8.89 million m3; construction cluster including gravity

concrete rolling weir of 28m long, 7m wide; maximum height of 24,5m. Spillway is arranged in

the middle of the main dam and damper door. The spillway has 6 compartments using flat gates

with size of BxH = 15x13,5m, including 6-valve operated by winches and 1 control valve

malfunction operated by crane operation, overflow elevation threshold 149,5m. The total length

of the overflow line is 107,5m and 40,5m high, 90m long spillway. Right lane energy system

includes intake, hydroelectric plants, discharge canal and 110 kV distribution substations.

Hydropower plant is equipped with 2 units of Bulb turbines with capacity of 30MW. Plant

downstream is arranged with valve malfunction, the size of the waterway is nxBxH =

2x8,6x8,6m valve, valve gate is operated by electric winch system. 110kV substation is located

on the left bank on the way to the water inlet. Distribution Station area LxB = 56x31m is planned

to be 169 m in elevation. Station is arranged 2 transformers for 2 machine units. Distribution

substations connected to the national electricity system with a wire of 110kV to 110 / 220kV

station located around 100m far from Bao Lam hydroelectric plant.

42. Total suppliment areas is 8,6ha. Of which, the logostic areas covered 7,1ha, functional

areas 0,4ha, office and stationaries 0,5ha, housing 0,6ha. Each areas will provide a certain fuction

following the specific requirements.

43. Construction of reservoir mainly relates to clearance of reservoir foundation (biomass,

cemical substances, explosives etc.) before retaining water.

44. Construction of headworks relates to excavating and back filling of soil and stone,

concrete work, slope improvement. Construction of energy route, apart from excavation and

filling work, concrete work, slope improvement, it relates to installation of hydraulic-electric

equipment and electric equipment at water intake.

Table I-1 Work items and key parameters of Bao Lam 1 Hydropower Plant

No. Parameter Unit Quantity

I Reservoir

1 Catchment area Flv km2

10356

2 Average flow for many years Qo m3/s 193

3 Monitoring flood water level (MNLKT)

(flood 0,2%) m 168,01

4 Design flood water level (MNLTK) (flood

1.0%) m 163,75

5 Monitoring flood discharge Q 0.2% m3/s 9346

6 Design flood discharge Q 1% m3/s 6508

7 Normal Water level (MNDBT) m 163

8 Dead water level (MNC) m 160

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No. Parameter Unit Quantity

9 Gross storage capacity Wtb 106 m

3 8,89

10 Useful capacity Whi 106 m

3 3,41

11 Un-used capacity Wc 106 m

3 5,48

II Dam

II.1 Weir dam

1 Top weir elevation m 169

2 Max height m 24,5

3 Crest Length m 28

II.2 Spillway

1 Spillway crest elevation m 149,5

2 Length m 107,5

III Energetic route

III.1 Entrance Canal

1 Bottom level m 148

2 Bottom width m 27,75

3 Length m 160

4 Falling gradient 0.0%

III.2 Hydropower Plant water intake

1 water intake

Top elevation m 169

Crest elevation m 139.14

Number of aperture lỗ 2

Size of repairing valve door (BxH) m x m 9,1 x 9,8

Size of y sewer grates waterway (BxH) m x m 9,1 x 20,26

2 Hydropower Plant

Turbine located Altitude m 144,04

Machine Altitude m 154,44

Assembly Floor Altitude m 154,44

Flood Floor Altitude m 165

Number of Machine Units tổ 2

Installed capacity (Nlm) MW 30

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No. Parameter Unit Quantity

Capacity to ensure frequency 90% MW 3,06

Annual average Output power E0 106kWh 115,7

No. of hours using machine installed

capacity Hour 3889

III.3 Discharge culvert

1 Altitude of the beginning of the canal

bottom m 144,0

2 Bottom Canal Width m 26,5

3 Canal Length m 145

4 Bottom Canal Slope 0,0

III.4 Substation 110kV

1 Voltage level kV 110

2 Altitude of stations located m 169,0

3 Station size (length x width) m x m 56m x 31m

IV Total of Investment Capital

1 Total investment after tax (including

interest)

109 đ 915,418

V The economic indicators

1 - NPV % 146,39

2 - EIRR % 12,5%

3 - B/C 109

1,19

VI The financial indicators

1 - NPV 109 đ 137,42

2 - FIRR % 11,7%

3 - B/C 1,14

45. Bao Lam 1 Hydropower Plant shall generate electricity basing on the basic flow through

the tunnel generic route of the plant and the difference in height of the topographic water column.

During flood season, when daily average flow is higher than design flow, the plant shall operate

at its max capacity (29.6 MW), the redundant water volume shall be freely flow over the spillway

to downstream. During the normal days, the reservoir retains high water level for electricity

generation, and when there is a water need from downstream and if it goes against regulations

definded in this document, such need must be proposed to Ministry of Agriculture and rural

Development (MARD) for review and make decision.

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C. Objectives of the EMDP

46. OP4.10 policy of WB stipulates the requirements that borrowers must meet to undertake the

sponsoring measures for the ethnic minority in the projects financed by WB. The documents involved in

the targets and application scale, and emphasize the requirements on: (i) process of assessing social

impacts and making a plan; (ii) preparing reports on assessment of social impacts and plan-making

documents; (iii) publishing information and implementing consultation including the agreement of the

ethnic minority vulnerable to the activities of the project selected; (iv) establishing complaint solving, and

(v) monitoring, inspection and reporting. The policy requirements will protect rights of the ethnic minority

maintained, and conserve cultural characters, activities and living environment of the community and

ensure the projects implement necessary measures to protect these rights.

47. The general objectives of the EMDP are to: (i) mitigate and reduce the impacts of the project on

livelihood of the ethnic minority in affected regions; (ii) ensure the project implementation procedure and

promote the human-right respectability, original cultural characters, the variance of ethnic minorities in

the regions affected by the project, and record the demands and aspirations of local people; (iii) find-out

the impacts of the project on the ethnic minorities and how to prevent or mitigate potential negative

impacts; (iv) ensure implemented benefits to be suitable to cultural aspects; (v) ensure the affected

communities to be consulted issues related to potential impacts and mitigation measures, and they may

join fully the making-decision procedure, implementation and monitoring, and (vi) make a particular

implementing plan with limited time; arrange budget and institution, establish roles and responsibilities of

various agencies in implementing, monitoring and inspecting all activities required in EMDP.

48. Therefore, the EMDP aims (i) record the previous consultation process and disseminate

information to the minority living in the regions affected by the project and mitigation measures in the

resettlement plan (RP) and EMDP in the project implementing period, and expressing the extensive

support of the community;(ii) Find out the implementation and consultation framework to undertake

EMDP; (iii) Establish the general measures to reduce or solve the impacts of the project in the ethnic

minority community sponsored through RP and EMDP; and (iv) Make budget to manage the potential

risks and the project impacts that were anticipated in the implementing stage.

17

II. LEGAL FRAMEWORK OF THE EMDP

A. Legal documents and national policies on the ethnic minority community

49. Constitution of the years 1946, 1959, 1980 and 1992 regulated that “The State implements policy

of equality, solidarity, mutual assistance among ethnic groups, creating conditions for the groups develop

in a civilized society, and respect for the interests, culture, traditions, language and customs practices of

the groups”.

50. National legal framework was updated in 2014 with a number of documents relating to works of

ethnic minorities and legal supporting policies to strengthen the legal awareness of ethnic minorities,

particularly in poor districts. The legal documents are specified in Table II.1 as follows.

Table II-1 Legal documents of the Vietnamese Government for ethnic minorities

Year of

issue Reference number and content of text

2013 Decision No. 2356/QD-TTg dated 04/12/2013 of the Prime Minister on issuing the

Action Plan implementing the strategy of ethnic minority work until 2020.

2013 Decision No. 449/QD-TTg dated 03/12/2013 of the Prime Minister on approving the

strategy of ethnic minority work until 2020.

2011 Decree No. 05/2011/ND-CP on the works of ethnic minorities. This decree describes

the activities of ethnic minority works to ensure and promote equality, unity and

mutual assistance for mutual development and respect and preserves the characters

of ethnic minorities living within the territory of Socialist Republic of Vietnam.

2010 Decision No. 52/2010/QD-TTg of the Government on the legal aid policy to increase

awareness and understanding about laws on poor ethnic minorities in the poor

districts in the period of 2011-2020.

2010 Government Decree No. 98/2010/NĐ-CP dated 21/09/2010 regulating detailed

implementation of some articles of Law on Cultural Heritage and Law on Amending

and supplementing a number of articles of Law on Cultural Heritage.

2009 Decision No. 236/QD-CEM dated on 30/07/2009 by the Committee for Ethnic

Minority Affairs on establishing Research and Development Board for programs of

socio-economic development in the period of 2011-2015 for most difficult

communes, villages / hamlets in the mountainous and ethnic minority regions.

2008 Decision No. 1048/QD-People's Committee of Thanh Hoa province on

compensation costs for assets damaged.

2007 Decision No. 112/2007/QD-TTg dated on 20/7/2007 on policies of supporting

services, improving and increase people's living standards, legal assistance to

improve legal awareness in the program 135, phase II.

2007 Decision No. 33/2007/QD-TTg dated on 5/3/2007 of the Prime Minister on policy

supporting immigration and implementing resettlement for ethnic minorities in the

period of 2007-2010.

2007 Decision No. 01/2007/QD-CEM of the Committee for Ethnic Minority Affairs isued

on 31/5/2007 on the recognition of mountainous communes and districts.

18

Year of

issue Reference number and content of text

2007 Decision No. 05/2007/QD-CEM of the Committee for Ethnic Minority Affairs

issued on 6/9/2007 on the recognition of three ethnic minority regions and

mountainous areas based on development levels.

2007 Official Circular No. 06 of the Committee for Ethnic Minority Affairs dated on

20/9/2007 on guidelines of implementing levels of service support, improving and

increasing the people’s living standards, legal aids to raise law awareness under

Decision 112/2007/QD-TTg.

2007 Decision No. 06/2007/QD-CEM of the Committee for Ethnic Minority Affairs

issued on 12/1/2007 on the communication strategy for the program 13, phase II.

2007 Decree No. 84/2007/ND-CP of the Vietnamese Government about additional

regulations on granting of land-use right certificates, land acquisition,

implementation of land use rights and procedures for compensation, resettlement

support when the State acquires land use and resolve land-related complaints.

2007 Decree 123/2007/ND-CP on amending and revising some articles of Decree

188/2004/ ND-CP dated on 16/11/2004 about methods of determining land prices

and range of lad prices.

2001 Decree No. 70/2001/ND-CP: all registration documents of family assets and land use

rights must be recorded with names of both husband and wife.

2001 Law on Cultural Heritage No. 28/2001/QH10 dated 29/06/2001

1998 Decree No. 59/1998/ND-CP dated on 13/8/1998 of the Government on defining the

functions, tasks, powers and organizational structure of the Committee for Ethnic

Minority Affairs.

B. Policies and programs on ethnic minority community

51. The application of social and economic policies suitable to each region, each ethnic group, with

attention to needs of ethnic minority groups, is required. Below present the detail of policy for Ethnic

Minority as follow:

Policy on settlement and resettlement: Decision No. 138/QĐ-TTg (year 2000), the

resettlement projects have been incorporated into 135 program. Decision No.

33/2007/QĐ-TTg on supporting on immigrants and resettlement for Ethnic minpority

people for the stage of 2007 – 2010..

Policy on supporting to arrange the residential and productive land, house and clean

water supply for poor Ethnic Minorirty. For implementing the Decision No.

134/2004/QĐ-TTg, there are 03 Decisions approved by Prime Minister, 03 Ministry letter

accompany. Following important decisions are Decision No.146/2005/QĐ-TTg and

decision No. 57/2007/QĐ-TTg on land acquisition of forestry and agriculture land fro

assigning land to poor Ethnic Minority People.

Loan policy for Ethnic minority: Decision No. 32/2007/QĐ-TTg on loans for production

development for Ethnic minority households. Decision No. 126/2008/QĐ-TTg on

amending some articles of decision No. 32/2007/QĐ-TTg. In addition, poor Ethnic

19

Minority People can borrow with low interest according to decision No. 31/2007/QĐ-

TTg.

Education and trainng policy for ethnic minority pupils: The Government has issued 02

Prime Minister’s Decrees, 11 Decisions and Ministerial guidelines. Notably, the Decree

No. 134/2006/NĐ-CP on regulating the mobilization to the education office at university

level, colleage, under national education system. Decision 267/2005/QĐ-TTg and

decision No. 82/2006/QĐ-TTg on policy and vocational training for EM students and

adjustment scholarship and social support for EM pupils, students who study in pulic

schools. For poor pupil and students, credit and loan policy have been applied for

studying according to the Decision No. 157/2007/QĐ-TTG.

Cultural and information policy for EM: Impleming the Decision No. 975/2006/QĐ-TTg,

Decision 2472/QĐ-TTg of year 2010 on providing the newspaper, magazine for EM and

mountainous. Decision No. 124/2003/QĐ-TTg on approval the scheme on conservation,

development the Ethnic culture in Vietnam upto 2020

C. Policies of World Bank on ethnic minority community

52. To ensure the development period of all aspects related to human dignity, human rights and

cultural characters of the indigenous peoples. More specifically, is to ensure that the indigenous peoples

are not affected negatively in the development process and they receive benefits that are suitable to their

culture. The World Bank has developed, updated and issued the enforcement policy "OP 4.10 - Indigenous

Peoples", to apply for all projects funded by the World Bank, which have certain influences on indigenous

peoples.

53. According to the policy OP 4.10 of World Bank, the proposed projects which is to be financed by

the World Bank and have certain influences on ethnic minority must follow-up the steps as follows:

Screening to determine whether there are ethnic minorities living there or have any collective

attachments to the project sites or not;

If ethnic minorities are living in, Social assessment will be conducted to determine positive and

negative potential impacts of the project and to revise the design of the project to mitigate

negative impacts and increase positive benefits;

The previous consultation process, households are provided full of information and freely

participate in the affected ethnic minority community to determine opinions of ethnic people

about the project and to assert whether the project receive the extensive support from the

community or not;

Ethnic minorities development plan (EMDP) will be prepared in consultation with the

community, drafting benefits that the community will receive from the project and the ways of

how to minimize adverse impacts; and Publishing extensive information on the plan.

54. The regulations above aim at making favorable conditions for the ethnic minority groups adapting

to opportunities, meaning that is to participate in designing the project activities that have significant

impact on them; and to ensure that opportunities for these ethnic groups are included suitable benefits of

culture, manners and customs; and to ensure that any negative impacts of the project must be eliminated or

if not they must be mitigated and minimized.

20

55. The term “Indigenous Peoples” in the OP 4.10 of World Bank is used in a generic sense to refer

to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying

degrees:

Self-identification as members of a distinct indigenous cultural group and recognition of this

identity by others;

Collective attachment to geographically distinct habitats or ancestral territories in the project area

and to the natural resources in these habitats and territories;

Customary cultural, economic, social, or political institutions that are separate from those of the

dominant society and culture; and

An indigenous language, often different from the official language of the country or region.

56. In the process of preparing the EMDP for the Bao Lam 1 Hydropower Project, policies on ethnic

minorities issued by the Government, the World Bank, and the local authorities has been applied in

combination with the EMDP is to ensure that the ethnic minority community under the Bao Lam 1

Hydropower Construction has been consulted and provided fully information, and joined the construction

implementation phases, and achieve benefits from the construction, and the negative impacts on cultural,

economic and social issues are minimized.

21

III. SOCIO-ECONOMIC CHARATERISTICS OF ETHNIC MINORITY COMMUNITY

IN THE PROJECT AREA

A. Overview of ethnic minorities in the project are

1. General introduction

57. The serving areas to the Bao Lam hydropower plant will take around 103,91 ha, 203

household/3 locals should be re-alocated following a resettlement project (Ly Bon local and Vinh

Quang local – Bao Lam district; Bao Toan local – Bao Lac district).

Table III-1 Information on EM in affected area

District Commune Hamlet Ethnic group (HHs)

Total Tay Nung Dao HMong

Bao Lam Ly Bon

Na Khang 13 1 14

Na Pung 67 1 68

Na Mat 59 2 3 64

Tong Ac 33 3 1 37

Vinh Quang Na Tom 1 4 12 17

Bao Lac Bao Toan Na Roa 2 1 3

Total 175 11 1 16 203

58. The total number of people moved with altitude of 163m (survey data 2/2014) is 9

households, 36 families (Tay, Nung) in Ly Bon commune.

59. Existing lake land use corresponding to the altitude (Investigation Figures in February

2014) including a total area of 103.91 hectares of land flooded; in which: 4,05ha land for growing

rice, crop land 20,04ha, other perennial land 12,95ha, another 65.94 hectares of land, residential

land 0,93ha. (Table III- 2):

Bảng III-2: Effects of land resources of Bao Lam 1 hydropower project

No. Commune Flooded

Area

Agricultural Land

Residential

Land

Other

perennial

land

Other

Land Total

Land for

01 rice

crop

Crop

Land

1

2

3

Ly Bon

Vinh Quang

Bao Toan

87,91

7,68

8,32

19,28

3,03

1,78

3,78

0,10

0,16

15,49

2,93

1,62

0,93

11,95

0,37

0,63

55,76

4,28

5,91

Total 103,91 24,09 4,05 20,04 0,93 12,95 65,94

1.1. Ly Bon Commune

60. Ly Bon Commune is located in the north of Bao Lam District, covers an area of 117.95

km² and population in 2013 was 4060, the population density reached 34.4 persons / km².

22

People's life is still difficult, not yet apply scientific and technical advances in production and

mainly rely on the support of state investment. Daily cost is mainly self-sufficient.

61. Ly Bon commune is divided into 18 villages: Ban Bang, Khuoi Man, Khuoi Bon, Phieng

Pen, Khuoi Vin, Na Mau, Na Khoang, Na Mat, Na My, Na Pong, Na Tong, Pac Pha, Pac Pet, Pac

Ra, Phieng Dam, Phieng Lung, Pac Ruoc, Tong Ac. In which, there are 4 villages affected by the

hydropower plant reservoir Bao Lam 1: Na Khang, Pung Na, Na Mat and Tong Ac.

62. Apart from the area of land and crops affected, Ly Bon commune is necessary to support

to resettlement interspersed 9 households and 36 families (Tay, Nung).

1.2. Vinh Quang Commune

63. Vinh Quang commune located in the northeast of Bao Lam commune covers an area of

56.27 km² and a population of 4,108 people in 2013, the population density is 73 people / km².

People's life is still difficult, small production, not yet applicable scientific and technical

advances in production and mainly relies on the support of state investment. Daily cost is mainly

self-sufficient.

64. Vinh Quang commune is divided intoVillages: Ac E, Ban Cai, Dong Ken, Khau Cuom,

Na Luong, Khuoi Nay, Khuoi Ro, Ban Mieu, Na Hien, Na Lau, Na Nga, Na Phiao, Na Piao, Na

Tom, Nam Lan, Pac Doa, Phieng Ru, Thieng Na Ban Chang, Nam Uon, Khau Sang, Coc Tem. In

which, 1 village is affected by the hydropower plant Bao Lam 1 is Na Tom village with 17

households affected mainly to agricultural land, and other land.

1.3. Bao Toan Commune

65. Bao Toan commune is located in the west of Bao Lac District with area of 66.81 km² and

population of 2,635 people in 2013, population density reached 39.4 persons / km². People's

living condition is poor, small production, not yet applies scientific and technical advances in

production and mainly relies on the support of state investment. Daily cost is mainly self-

sufficient.

66. Bao Toan Commune is divided into 10 villages: Coc Chom, Coc Lung, Khuoi Boc, Khuoi

Pet, Khuoi Rap, Ban Lung, na Roa, Na Siem, Pa Tan, Ban Rung. In which, one village being

affected villages by Bao Lam hydropower plant is Na Roa village with 3 households mainly

affected on agricultural land.

2. Ethnic composition of project area

67. According to the survey results for damage to the affected households in Bao Lam 1

hydropower project (Table III- 1), the ethnic composition includes 4 ethnic minorities: Tay,

Nung, Dao and H'Mong.

2.1. Tay Ethnic

68. The Tay is one of the 54 ethnic groups in Vietnam, 2nd populous in Vietnam after the

Kinh, living in all 63 provinces and cities but mainly reside in the midland and northern

mountainous provinces (1.400.519 people). Tay people in Cao Bang with 207.805 people,

accounting for 41.0% of the provincial population and 25.2% of the Tay in Vietnam (according to

census of population and housing in 2009).

69. The Tay stays mainly rely on agricultural production. They grow rice, corn, sweet

potatoes, vv. Villages of the Tay are often in the foothills or along streams. The name is often

23

named for the hills, the fields or the river. Each has between 15 and 20 rooftops. Large villages

are splited into smaller groups.

70. Then sing and sli sing are used for other purposes, the popular folk category of the Tay.

Musical instruments such as elasticity and oscillate. Elasticity instrument is presented in all the

cultural activities of the Tay as soul in the Tay folk art. Until now, Elasticity instrument plays

role as a cultural communication media.

71. The Tay has been in Vietnam very early, possibly from the second half of the first

millennium BC. They have a tradition of working in water field, from the oldest known intensive

and apply irrigation measures such as digging ditches, setting gutters, taking irrigation water.

72. Agricultural products have all kinds such as rice, maize, potato, cassava and vegetables...

The kinds of fruits are like pear, apple, plum, tangerine, famous delicious kaki. The people also

grow industrial crops such as such as tobacco, chaffy, salmon and tea.

73. The Tay has rich and diverse craft. All men and women are aware of knitting items by

spring, Bamboo basket, baskets... Producing bricks, tiles, lime is in many places. Producing

vegetable oil for food and light is also common. The fuel distilled is a long traditional trade of the

Tay. The Tay themselves made fabric to sew dresses, make towels, blankets… Many areas weave

brocade, silk and silkworm very nice. Forging trade has been in many places to make agricultural

tools such as plows, hoes, shovels, knives…

74. In the economic development trend of integration today, to preserve the cultural identity

of the Tay with other ethnic groups like retaining the traditional costumes, cultural activities at

the wedding, funeral, the festival is not easy. The preservation and promotion of ethnic cultural

activities and features require a consistent policy to help the ethnic groups understand and be

aware of precious capital of the nation, with the consciousness through generations. Only by

doing so, we can avoid losing their ethnic identity, which many nations are now facing.

2.2. Nung ethnic

75. Nung Ethnic concentrated in the northeast of the Northern provinces such as Lang Son,

Cao Bang, Bac Kan, Thai Nguyen, Bac Giang, Tuyen Quang, etc. (accounting for 84%).

According to the Census of Population and Housing 2009, the Nung in Vietnam has a population

of 968.800 people holding the position of the 7th large population in Vietnam.

76. Food of the Nung is rice and maize. They combine farming in the areas along the streams

and growing dry rice on the hill slopes. Nung also grow many crops, perennial fruit crops such as

citrus, kaki ... Anise Tree is the most precious trees of the Nung, annually brings significant

resources. The most common handicraft trade is weaving, followed by carpentry, weaving and

forging, ceramics. The famous festival attracts many people at different ages is called “Lung

Tung” to be held in January every year.

77. The Nung have a treasure of rich folk culture with folk songs like Then sing, sli sing.

78. The Nung usually stays in House on stilts and a half of land half the floor; in which House

on stilts is the traditional home-style favorites. Houses are usually quite large, with three

compartments, usually wooden wall and tiled trough, but the land is now common.

79. In fact, the group of Tay ethnic, Nung ethnic and Thai ethnic in Vietnam differ only a

little about how to dress and how to build homes, the culture is completely similar.

24

2.3. Dao Ethnic

80. The Dao ethnic is one of minorities of Vietnam's 54 ethnic groups with a population of

751,067 people (2009). In Vietnam, Dao ethnic’s population is not many but their villages spread

in the northern mountainous regions (Cao Bang, Ha Giang, Lao Cai, Yen Bai, Lai Chau, Tuyen

Quang, ...) to some midland provinces such as Phu Tho, Vinh Phuc, Hoa Binh and Quang Ninh.

The Dao is divided into different groups, with particular focus on customs that expresses the most

clearly on their outfits such as Dao Do, Dao Quan Chet, Dao Thanh Y, Dao Ao Dai, Dao Quan

Trang, ... Although, they have many different groups, their language is unified to ensure the

relationship between the communities of the Dao.

81. They have a tradition of worship their ancestors called Ban Ho. We can identify and rank

their line through the middle name of the Dao. Funerals of the Dao is made according to ancient

custom. Some villages have the custom of cremation area for the dead aged 12 years or older.

Custom of living at one’s in-laws is for a definite time and permanent.

82. Basically, the Dao has 3 types of living houses has three main types of housing: land

house, house on stilts and a half of land half the floor (the Dao in Yen Bai) and half land half

floor (the Dao in Ta Phin, Sapa - Lao Cai). House of the Dao is different and another extremely

important factor is living space. Because the difference between the houses of the people of our

country mainly focused on two factors, and other factors are secondary.

2.4. H'Mong Ethnic

83. Popupation: more than 558,000 people. Habitat: living mostly in the mountainous areas of

Ha Giang, Tuyen Quang, Lao Cai, Yen Bai, Lai Chau, Son La, Lao Cai, Nghe An.

84. Customary practices: by ethnic group on their own. Headman often deal with the

problems in the village. Youth, boys and girls of Hmong finds spouses themselves. Marriage with

the family is not allowed. Lives of the Hmong is quite harmonious, no divorce (very rare)

85. 33. Culture: Hmong language is under Hmong-Dao group. New Year's Day of Hmong

(New Year festival) is celebrated on March 12. They do not eat green vegetables for 3 day

festival. H’mong musical instruments include pan (made of tube pan) and jew’s harp. After the

harvest season and to welcome spring, boys and girls in the village used to play jew's harp to

express their love to their partners.

86. Costume: Hmong people usually wear clothes made of linen. Women often wear skirts,

jacket not buttoned in front, with embroidery on the back, a front apron and leggings worn.

87. Economics: Hmong people live mainly rely on shifting cultivation. They usually grow

rice and corn on the terraces. Their main food crops are maize, rice, and black rye. In addition,

they also grow medicinal plants and flax for weaving.

B. Socio-economics characteristics of ethnic minority groups affected by the project

1. Affected households are ethnic minority in socio-economic survey

88. According to IOL, all 203 affected HHs are ethnic minorities, so socio-economic survey

has been done on 100% of the HHs. The result shows that 3 HHs in communes of Bao Toan (Bao

Lac district), 3 HHs in communes of Vinh Quang (Bao Lam district) and 183 HHs in communes

of Ly Bon (Bao Lam district).

2. Occupation and income

25

89. The results from almost investigated HHs have limited education and this causes certain

impact on the HHs’ lives, occupation and income. Out of 203 investigated HHs, 105 HHs

(51,72%) have never gone to school or have not finished primary school, 87 HHs (42.86%) have

finished primary school, 11 HHs (5.42%) have finished secondary school.

Table III-3 Education level of HH heads investigated per affected commune

Education level

Ly Bon Vinh Quang Bao Toan

HHs % HHs % HHs %

Illiterate/not finished

primary school 102 55,74% 2 11,76% 1 33,33%

Finished primary

school 73 39,89 12 70,59% 2 66,67%

Finished secondary

school 8 4,37% 3 17,65% - -

Finished high school - - - - - -

Vocational training - - - - - -

College/ University - - - - - -

Total 183 100% 17 100% 3 100%

90. The ethnic minority HHs in the project area have main income from agriculture

production. This can defines through actual investigation that 188 HHs (92.61%) out of 203 HHs

interviewed have their main jobs in agriculture production and only 15 HHs (7.39%) have their

income from working as workers. Table III-3 describes details of main income of ethnic people

who are affected by the project.

Table III-4 Information on main income sources of investigated HHs

No. Main income Ly Bon Vinh Quang Bao Toan Total

1 Agriculture 168 17 3 188

2 Breeding - - -

3 Shop keeper - - -

4 Workers 1 - 1

5 Officers 14 - 14

6 Working in private sector - - -

7 Getting support - - -

8 Housewife job - - -

9 Others - - -

Total 183 17 3 203

91. Products are for the needs of families but not in form of goods or commodities so HHs

income is very low. Table III-5 below provides detailed information on average income of

investigated HHs in the affected project communes.

26

Table III-5 Average income of the investigated HHs (VND mil)

No. Commune Below 1 mil. 1. mil. to 1.5 mil. Above 1,5 mil. Total

1 Ly Bon 168 4 11 183

2 Vinh Quang 17 17

3 Bao Toan 3 3

Total 188 4 11 203

92. Within total monthly income of HH, key expenditures are for food and daily living

activities, which are accounted for 46.78% to 53.22%. The rest of 46.78% to 51.80% are for other

purposes such as health care, education and others. Detailed as in Table III-5 below.

Table III-6 Monthly average expenditures of investigated HHs (proprotion %)

No. Monthly expenditure Ly Bon Vinh Quang Bao Toan

1 For food and daily living activities 53,22 48,2 49,15

2 Health care 18,27 21,31 22,15

3 Education 14,35 15,35 16,2

4 Others 14,16 15,14 12,5

Total 100,00 100,00 100,00

93. Because the project affected area lies in high mountainous region, all investigated HHs

(100%) informed that their main water sources for daily living activities are from canyons.

Regarding to HH’s sanitary accessories, most of the affected HHs (79.60% or 162 HHs) do not

use toilet. Only 41 HHs (20.40%) informed that they have temporary toilets. Most of the affected

HHs need health care services from commune medical center for treatment of normal and not

severe diseases.

94. The power networks in the place are the main serve energy to the local person. Cooking

energy are come from forest product (woods, tree branches) and peat

C. Gender, gender equality and ethnic minorities

From table III-6 below it shows that male/female rate in the project affected communes is not as

high as in other ethnic minority regions. In three affected communes, the population is 10,803

people in which 5,612 people are female (51.95%) and 5,191 people are male (48.05%).

However, grade of participation in socio-economic activities, work assignment between men and

women, access of each gender to resources and interests, view points within each ethnic group on

standard value and dignity of the women and men are entirely originated from culture of the

certain ethnic group. Therefore, this gender relation is very diversified and in many forms

amongst communities

27

Table III-7 General information on gender rate in the affected commune

No. District/commune Population Rate (%)

Total Male Female Total Male Female

1 Ly Bon 4060 1925 2135 100.00 47.41 52.59

2 Vinh Quang 4108 2010 2098 100.00 48.93 51.07

3 Bao Toan 2635 1256 1379 100.00 48.35 51.65

Gender equality of ethnicity in education

95. Existing education status in the affected communes, number of female children (aged

from 15– 17) go to school much lower than male children. Rate of ethnic school children giving

up school education is high. It is because of pre-school education system is poor, not well

prepared for children to make them able to speak Vietnamese to follow national common

education program. For H’Mong group, child marriage practice is a barrier that makes them early

leave school. Under difficult economic condition of the family, inspite of government policy on

exemption of school fees, other costs for their study still is economic burden and so school girls

have to leave school earlier to work and help family. There is different rate of people who can

write, read and speak common language between H’Mong people and Tay people, where more

Tay women can write and speak common language than more.

Gender equity of Ethnic groups in medical treatment

96. There is a difference in level of medicine service access between enthic women who live

in a vey high mountainous region and those who live in lower highland region where it is much

more convenient. For Tay, Dao women, they have more advanced awareness. Ethnic minority

women in general are benefited from medical insurance certificate issuance program but they do

not take this advantage to have their health checked in state medical centers because of being

afraid of cultural issue relating to gender and Vietnamese language ability.

Gender equity in working and jobs

97. Ethnic people, particularly ethnic women have fewer opportunities to develop their

economy (87% of rural ethnic women do farm works for families). They have to take

responsibilities of working on and tilling terrace field, breeding poultry, home bred-animal and

livestock and taking care of kids etc. Their education access limit is one of the main causes that

limit their opportunity to non-agriculture jobs. Ethnic women are entiled to a lot of priority

policies by the government such as assistance in credit, assistance in breeding animals and

variety, but as a result of limited knowledge and being unable to make technical methods learnt

from hamlet workers into practice of production. Therefore, labor productivity is low, even worse

home-bred animal and poultry get dead because of getting cold and epidemic diseases etc.

Gender equity within family and land use right and property

98. Family assets is possessed, managed and decided by the men. Traditional regulations on

roles of men in a faminy in worshiping parents and ancestors in patriarchy society create gender

unequity to women.

99. Labor allocation within a family in ethnic group still appears gender discriminatory

treatment. Work for men are often considered as “heavy duties”, “technical required dutites” and

diplomatic relationship while work for women are often “simple”. (Table III-7).

28

Table III-8 Labor allocation in families in terms of gender (person)

Work to be done apart from house works Both male & female Male Female Total

Farming 166 17 20 203

Gradening 150 20 33 203

Cutivating on hill field 40 - - 47

Working in factory - 1 - 1

Forestry 152 15 36 203

Breeding - - - -

Small scale business

House work Both male & female Male Female

Taking care of babies 105 98 203

Cooking 53 30 120 203

Participating in public and social work Both male & female Male Female

Participating in public consultation meeting 130 73 203

Participating in making decision 80 85 38 203

Joining in local organisation 30 105 68 203

29

IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION

A. Information disclosure

100. According to the World Bank policy on EM, Power Construction JSC, No. 1 together with

the consulting team and the District Compensation and Resettlement Councils in the project area have

jointly worked together to disclose the information on the approved policy framework on EM and

resettlement, Resettlement Action Plan and Ethnic Minority Development Plan approved by Ministry of

Industry and Trade (MOIT) and the World Bank, relevant information of project and expected schedule to

implement so local authorities and affected community can be known project information.

101. Community consultation should be held several times to disseminate information and introduction

to the project to the affected people, EM communities in the project area. As soon as getting approval of

WB and MOIT, RP report and EMDP report shall be translated into Vietnamese to make it easier to read

and understand; also help implementation of EMDP and application of compensation and resettlement

policies to affected people in a more convenient manner. List of land affected HHs who lost land and

property on land with compensation payments shall be indicated clearly. EM community and the affected

people are thoroughly informed about the EMDP and RAP, including: (i) the contents in the community

meetings on the works, working schedules, site clearance plan and construction plan, (ii) Detailed

Measurement Survey (DMS), (iii) list of official and eligible affected people and their rights, (iv)

compensation volume and rates, (v) payment of compensation and other support, and (vi) other issues

such as income restoration programs for the affected people, grievance mechanism, monitoring and

evaluation etc. The related notice and documents must be posted publicly at the offices of the affected

communal people committee and/or cultural houses/public places. The project information books (PIB)

must be distributed to the affected households and are made available in the communal people

committees’ offices and the village cultural houses.

B. Community consultation and participation

102. During the preparation of this EMDP, several consultation meetings with EM communities have

been organized in June 2014 to discuss and evaluate the impacts as well as propose the mitigation and EM

community development measures and make sure that the feedbacks from the local EM communities are

presented in the EMDP (Minutes of the meetings and list of participation are attached in the Annexes 2

and 3). The pictures of the consultation meetings are shown in the attached Annex 4.

Table IV-1 Time, venue and number of participants in commune public consultation meetings

No. District/commune Time Venue

Number of participants

Total Male Female

I Bao Lam district 200 120 80

1 Ly Bon 10/7/2014 CPC meeting hall 183 110 73

2 Vinh Quang 9/7/2014 CPC meeting hall 17 10 7

II Bao Lac district

3 1 2

1 Bao Toan 8/7/2014 CPC meeting hall 3 1 2

Total 203 121 82

103. Instruments used in public consultation included organization of meetings, interviews to

individual and group discussion. People from affected hamlets were ready to discus and share

30

information. Women and youngsters were invited to participate and encouraged to contribute

their ideas, especially ethnic groups in affected communes were consulted. Ethnic groups in

project area also had their representative organizations to connect with Women’s association,

Farmers’ Association, Commune and Hamlet Youth Association.

C. Results of information dissemination and Public consultation

104. Public consultation meetings on RAP and EMDP between representative of Power

Construction JSC, No. 1 and consultant team and local communities were held during potential

damage survey process. Below are comments and opinions of the ethnic people with their desires

on Bao Lam 1 Hydropower Plant.

Table IV-2 Summary of contents of discussion and opinions at the Public consultation

meetings

No. District/

commune Feedback from people Focus group discussion

I Bao Lam

1 Ly Bon

- Local people agreed with the

implementation of the project.

However, if they lose large area

of their land, satisfied

compensation is needed, no

mistake in compensation.

- If they lose production land, the

investor is requested to take

detailed survey with withness of

relevant parties and provide

correct, sufficient compensation.

They wish the project on

constructing a road for them.

- Mine explosion during

construction is requested to

provide advance warning so that

the people can avoid for safety of

their lives and animals.

- Hydropower plant project will effect

to 300m gravel road from the Ly

Bon office to suspension bridge.

- Hamlet people wish to receive

satisfied, appropriate compensation

so that they can use the money for

purchasing land in other place for

their production. Or to reclaim virgin

land on wild hills for production.

- During construction and operation of

the plant, the investor should provide

jobs for local people.

- One new road shall be constructed

during construction and operation of

the plant.

2 Vinh

Quang

- The people agreed and support

the project implementation as

they will be benefited from the

project and having electrictcity

for lighting.

- Compensation need to be done in

satisfactory manner on land price

- During plant construction and

operation, the investor is requested

to give priority to affected people to

get jobs in the plant.Trong quá

trình thi công vận hành nhà máy

chủ đầu tư nên ưu tiên cho người

dân khu vực bị ảnh hưởng được

31

No. District/

commune Feedback from people Focus group discussion

and crops, trees on land

- Mine explosion during

construction is requested to

provide advance warning so that

the people can avoid for safety of

their lives and animals.

làm việc tại nhà máy.

- Every year, the state holds trainings

on breeding, cultivating, gender

equity, protection and prevention

fron diseases funded by the

government and non-government

organizations in the area. So the

people wish their products to be

circulated and comsumed.

- When detailed measuring survey is

taken place, there needs

representation of the hamlet heads

and representatives from CPC to

know the axact area of further

acquired land as at rainy season land

slide and erosion may occur.

II Bao Lac

1 Bao Toan

- The people agreed with and

support the project

implementation.

During detaile measurement, the

people whose field is affected

need to be informed to withness

- If their irrigation cannel system is

damage due to the project

construction, the investor is

requested to build a new one for

them.

- Jobs for local labor during project

construction to help the people

having job and income.

- Assistance in building a road and

assistance in agriculture product

price for the people.

When the project

implementation, the people wish

- Mine explosion during construction

shall be given notice and warning

sign provided.

- The investment and commune are

response to the implementation

security

- During detailed measuring survey,

representatives of all related

stakeholders such as local authority,

investor, affected people who will

jointly do the survey as regulated by

the state.

- Investor shall give job priority to

land lost HHs, especially severely

affected HHs

- During construction process, if any

public structure is damaged by the

project, the project shall have to

improve and rehabilitate or replace.

32

No. District/

commune Feedback from people Focus group discussion

their products to be sold out.

105. Public consultation meetings were held with participation of all relevant stakeholders to

collect opinions or concerns of the ethnic minority community who are affected by the project,

therefore counter measures are discussed to avoid or minimize impacts of the constructed works

on public living and working conditions.

Table IV-3 Concerns of affected community and commitment of the investor

No. Community concerns Commitment by the investor

1 Detailed measuring survey (DMS)

Detailed measuring survey should be done

in accuracy manner, and with withness of

the affected people to avoid mistake and

cause loss to the people.

Detailed measuring survey should be

participated by heads of hamlets and CPC

representative

To be done in compliance with current

regulations and prior notice to local

authority and people via meetings for

informing, distributing project

implementation plan, posting project

information in the public, hamlet notice

board, CPC and on hamlet loudspeaker.

DMS team includes attendants of

representatives from stakeholders as

regulated.

2 Compensation

Satisfactory compensation basing on land

price, tree and crops

Regulations on compensation and

assistance with appropriate unit price for

compensation, results of survey and

detailed compensation alternatives are

posted in local public place and hamlet.

3 Assistance in stabilizing livelihood and

working

Assistance in training and worshop on

cage fish breeding when reservoir

construction completion.

During construction period, the investor

should prepare policies of creating more

jobs for local people to work in the plant

when it comes into operation, this is

especially for severely affected HHs.

Affected HHs shall be participated in

training on cage fish breeding under

project training program.

During plant construction and operation

severely affected HHs shall be given

priority to be employed to work in the

plant.

After detailed design, if there are any

further severely affected HHs, the

investor shall commit on policy for

further aissistance under RP

4 Restoration of public structure

impacted by the project

Some public structures shall be impacted,

Reconstruction of 300m gravel road

from the Ly Bon office to suspension

bridge

33

No. Community concerns Commitment by the investor

the the investor has to be reconstructed Reconstruction of damaged building

5 Upgrading infrastructure

Rehabilitation of some irrigation cannels

serving agriculture production of area near

reservoir foundation

System of public structures is damaged by

the project. The company has to repair it

properly.

Maintenance of inter hamlet roads and

other public structures which were

damaged by the plant construction.

When the plant comes into operation,

some new road shall facilitate movement

of local people between regions and

develop their economy.During

construction of the plant, if irrigation

cannel of the local people is impacted,

the Investor shall repair and rehabilitate

or renew upon level of damage.

6 Culture and religous

At the present, illiterate rate in the

commune area is rather high, training

course for eradicating illiteracy is needed

for affected people, particularly for

women.

Assistance in contributing fund for

operation of social associations to

encourage people to participate and travel

fee for hamlet worker to encourage them

to maneuver the people to participate

together.

Payment for compensation shall be made

in compliance with regulations and

policies.

Under gender propaganda campaign it

will adopt gender mainstreaming and

encourage local women association to

open traning classes or groups to teach

the common language to each other

Fund for operation and assistance have

been approved by the government on

yearly basic for ethnic people

developmentThe investor together with

other organizations shall propagandise

policies concerning ethnic people

development of the State for the local

people.

7 Relating to design and construction

Project design should calculate carefully

water level of reservoir. No more impact

to HHs’ fields along river after

construction

Ensure environmental hygiene, return the

site after construction

Calculating water level of reservoir has

been done by consultants with support of

morden Equipment to give out exact

measuring information

In case of further impact as more

production land is flooded, the investor

shall find out solution for compensation

and assistance for affected HHs.

Construction activity and material

transportation shall follow approved

environment management plan.

34

V. ASSESSMENT OF PROJECT IMPACTS TO ETHINIC MINORITIES

106. In preparation for the construction of Bao Lam 1 hydropower project, many consultative meetings

on project implementation with local authorities, relevant agencies and local people have been organized

with the purpose of disseminating information and activities related to the project from the preparation,

the design, the construction to the operation stage. Thereby, the investor of Bao lam 1 hydropower project,

local authorities and people can identify potential impacts caused by construction activities in the process

of implementation, including positive and negative impacts that affect the life and culture of ethnic

minorities in the construction area of the project.

A. The positive impact

107. Bao Lam No. 1 Hydropower Plant is the work with the scale of many ancillary items are built to

meet the operational efficiency, so the construction of Bao Lam No. 1 Hydropower Plant will have more

active and meaningful for producers as well as social and cultural activities of the people in the area of the

building and the surrounding area.

108. Electrical energy provided is 115,7trieu kWh / year for the country.

109. Enhancing social and economic life of the people in communes such as Ly Bon, Vinh Quang, Bao

Toan contribute to shorten the gap between social development, accelerate the process of rural

industrialization in particular and industrialization in general.

110. When operation, the plant will contribute to improve the environment air, flood flow regulation.

B. Negative impacts

111. In addition to positive impacts as mentioned above, the construction of a public work like Bao

Lam 1 hydropower is unavoidable of negative effects, which will affect people’ lives, production and

cultures, especially for ethnic minorities in the project area. Therefore, in the consultation meetings and

interviews with local authorities as well as local residents, negative impacts are considered and discussed

very carefully in order to determine the true and full impacts from the preparation phase to the operational

phase.

112. Buildings flooded and long occupied of 103.91 ha of land planted mostly perennials land, land for

one time rice cultivation, annual crop land and other land; Additionally, the reservoir influences 300m of

gravel road from Ly Bon People’s Committee and 09 households have moved out of the floodplain. This

is unavoidable impacts. In addition, two graves have been relocated of the 162m altitude from the

riverbed.

113. The construction activities and material movement will cause air pollution, noise, water and soil

in the construction site.

114. The construction project also disturbs the lives of the people residing in the local due to the

presence of construction workers and residential components operating commercial services migrating to

work.

115. Increase the risk of spreading infectious diseases such as digestive system diseases, skin diseases

and other social diseases when concentrated many workers.

35

Table V-1: Negative impacts of Bao Lam 1 hydropower project

Negative impacts Description Affecting scale

Occupation of production

land, forestry land,

affecting the livelihood of

people

- The types of productive land

and forestry land will be

permanently affected, which

in turn affect people’s

production/employment and

livelihood/income.

Total land of 103,9 ha is affected by the

construction of Bao Lam 1 Hydropower

Plant in which 9,348m2 is residential

land, 40,500m2 is single rice crop,

200,400 m2 is Annual cultivated land,

129,500m2 is land for perennial plants,

and 659,400m2 is another land.

Temporary impacts to the

production activities of

people

- During the construction, it

may affect and disrupt the

water supply for irrigation,

power supply, transport and

travel of local citizens and

communities.

- During the construction, it

may affect people's

production due to mine

blasting, site grading and

levelling, soil erosion caused

by the construction.

- Transportation of materials in the

construction process will affect the

movement of the local population,

making it difficult for people to trade

goods and produce.

- Due to the grading and levelling or

heavy rains, landslides to production

land may make land unerable or even

that land cannot be restored as the

status quo because of large quantity of

landslides.

Environmental pollution

- During the construction,

material transport vehicles

will create more dust and dirt

for the project area.

- Mine blasting for ground

levelling also causes

environmental pollution.

- The communes in the project area will

increase the number of vehicles running

through and pollute the environment.

- The project area and the surrounding

areas may be affected by mine blasting

activities.

- The greater density of vehicles will

cause noise but thank to the sparse

population density, it will not affect

people's lives significantly.

Affection on the local

culture and social security

of minority communities

- During the construction,

numerous workers may affect

local indigenous cultures via

relations and communications

with the community.

- Work camps of contractors at

the construction site are likely

- The project area and the surrounding

areas can appear social issues like the

introduce of cultures into villages and

appear the risk of loss of security and

order in the local area.

36

Negative impacts Description Affecting scale

affect the security in the local

area.

Affection on living

practices and habits of

people

- Change habits, manners and

customs of ethnic people.

- Susceptible to introduce bad

cultures which are not

suitable to the lifestyle of

local people.

- Local people will be affected on

cultures, customs and lifestyles of

different localities, by immigration of

many worker which lead to wither

away local cultures and change daily

lifestyle.

Risks of labour accidents

- During the construction,

working accidents may occur

if workers do not comply

with the safety regulations at

the site.

- Mine blasting …

- The transporting materials for

construction may cause

accidents during the

transportation

- The staff and construction workers at

site are at risk of labour accidents due

to mine blasting, construction activities

of the hydropower plant.

- Due to the higher density of vehicles,

the road quality is deteriorating and

may cause accidents to people living

near the roads and the traffic

participants.

Risks of women

trafficking, HIV/AIDS

transmission, social evils

- Numerous construction

workers may cause social

vices, such as gambling, drug

trafficking, theft and

trafficking of

women/children, the risk of

transmission of HIV/AIDS

and other social ills

- The staff and workers in the field are

very easy to be drawn into social evils,

which will affect people in the

neighbourhood and in the villages.

Immigrant workers are the

danger of theft, gambling

and drug trading

- During the project

implementation, there will be

a number of cadres and

workers to habitat in the area

and therefore it is easy to

raise a number of evils such

as theft, gambling, drugs.

- The large number of officials and

workers involved in the construction

and operation process will be risks of

evils as theft, gambling, drugs that

influence people in the project area, and

the neighbouring.

37

VI. THE MITIGATION MEASURES AND DEVELOPMENT FOR ETHNIC

MINORITIES

116. The identified potential impacts, including positive and negative impacts of Bao Lam 1 project,

with local authorities, residents in the project area, are screened and developed by computational methods

to have mitigation measures for negative impacts and maintain and improve positive impacts to overcome

and give maximum supports for those affected by the project in order that they can early recover their

living conditions at least as before the project is implemented.

A. The mitigation measures

117. To ensure the livelihood security to households, especially ethnic minority households, smallest

impacts require to be carefully considered to build respective mitigation measures in accordance with

actual conditions and to achieve the consensus of the stakeholders. Table VI-1 below describes in detail

the mitigation measures agreed at the consultation meetings and group discussions with locals during the

preparation process of Bao Lam 1 hydropower project.

Table VI-1: Measures to mitigate negative impacts

Negative impacts Mitigation Measures Implementing agency

Land acqusition that

would give impact to

livelihoods of local

people

Refer RP

Power Construction

JSC, No. 1 ;

Compensation and Site

Clearance Committee

of Bao Lam and Bao

Lac district

Departments and Mass

organizations of

affected communes

Impact to living customs

of local people

Closely manage the construction workers of the

contractor to implement the specific regulations and

not affect on livings of local people.

Transportation of materials are only allowed to use

routes registered with the local authority and have

to performe the regular maintenance to ensure

uninterrupted traffic.

Construction activities close to residential areas

must be arranged at reasonable time to avoid

affecting on livings of local people.

Power Construction

JSC, No. 1, the

constructors,

Monitoring

Consultants.

38

Negative impacts Mitigation Measures Implementing agency

Temporary impact to

production activities of

local people

Construction time will be heralded to the people

and skimming only after people have finished

harvesting the crops.

The contractor will be mobilized at the highest level

in order to shorten the construction time, minimize

time to influence the production of community.

The quarry for materials and machinery must be

planned far from residential areas. The regulations

on the storage and preservation of materials is

carried out strictly, to avoid incidents and accidents,

affecting the lives of people and production.

The skiming must be done in accordance with the

approved design. Monitoring skiming must be

performed grader closely to minimize rock fall to

the farm of people.

Must be constructed in accordance with the

construction measures approved.

Power Construction

JSC, No. 1 and the

contractors

Environmental pollution

Vehicles carrying materials have been covered

carefully to avoid falling materials and making

affect to local people, especially HHs living along

the operation roads.

The transportation vehicles should be not used in

residential area at break time to minimize the noise.

It should be kept moisture to limit dusts on the

roads.

Materials, gasoline must be stored carefully to

avoid explosion, leakage or impacting to the lives

and productions of local people.

Power Construction

JSC, No. 1, the

contractors, Monitoring

Consultants, the local

authority

Impact to daily activities

of local people

The management regulations must be strictly

implemented. Management activities must be

closely coordinated between the contractor and the

local police and the concerned units.

The workers must be educated awareness of

environmental hygiene and conscious respect for

the cultural values of local people.

Where in the camp of construction workers must be

planned separately, not to workers living with the

family of the local people in the community

Power Construction

JSC, No. 1, the local

authority, especially

local polices.

39

Negative impacts Mitigation Measures Implementing agency

Risks of labor accidents

Area of materials, machineries storage should be

located far away residential area and be monitored

closely to avoid the risks of accidents

Local people and workers should be educated and

disseminated about awareness of accidents

preventation at work and transportation.

The employed workers, especially the unskilled

workers must be trained on necessary skills to

ensure safety.

Workers must be equipped with full protective

equipment and labour insurance, accidents in

transportation.

Power Construction

JSC, No. 1, the

contractors

Likely to have women

and children trafficking

and HIV/AIDS infection

Local people and construction workers on the

project site must be propagated to risks and

preventive measures against HIV/AIDS, trafficking

in women and other social evils.

Power Construction

JSC, No. 1 in

coordination with

commune authority,

polices and Women’s

Unions.

Areas nearby the project

area at risk of flooding

after the plant went into

operation

Design system of submerged efflux for baffle to

reduce the kinetic energy of water, the flow rate

decreased after discharge canal, the flow after baffle

back into the natural flow of the river to reduce

erosion and avoid flooding of agricultural land

remaining.

Investors timely compensation for the areas that

were flooded during plant put into operation.

Power Construction

JSC, No. 1 in

coordination with local

authorities

B. Maintaining and Promoting Measures

118. Alongside mitigating negative impacts from the facility, Power Construction JSC, No.1 has

cooperated with stakeholders and the local authorities to discuss and consult the local people in project

area as well as develop the programme for promoting positive impacts of the facility, specifically as Table

VI-2 below:

Table VI-2: Maintaining and Promoting Measures

Positive impacts Maintaining and Promoting Implementing

agency

1. Creating more

favorable conditions for

production activities,

Developing maintenance mechanisms for road that will

be updated by project then local people can travel

Power

Construction JSC,

No.1 and the

40

Positive impacts Maintaining and Promoting Implementing

agency

improving traffic

conditions for local EM

community.

constructor

2 Contributing to

improve the local

infrastructure of local.

- Construction of dams, roads for transportation. (300m

gravel road from the Ly Bon office to suspension

bridge will be destroyed).

- Construction of 110kV and 35kV lines to supply

power for hydropower and into the national grid.

Power

Construction JSC,

No.1, the local

authorities

3. Creating more jobs for

local people

The contractors committed to hiring workers from local

people in affected area and pay them according to

market price. After completion of the project, Power

Construction JSC, No.1 will priority in recruiting local

workers for training and work at the plant regularly.

Power

Construction JSC,

No.1

4. Making active

contributions to cultural,

social and poverty

reduction movements in

local areas

To discuss regularly with leaderships of villages and

communes and social mass organizations on activities

of the project.

Cooperating with local authorities, communes and

villages and mass organizations to implement

assistance tasks for community.

Supporting and funding support for cultural-social

activities of commune authorities, mass organizations,

community and schools.

Power

Construction JSC,

No.1

C. The development measures for the ethnic minorities

119. Based on the survey findings and actual exchanges of opinions with relevant agencies and local

people in the area affected by Bao Lam 1 project in 7/2014 and in addition to the mitigation measures

proposed in the previous sections, other measures are proposed aiming at supporting and overcoming

difficulties for ethnic minorities, creating favorable conditions for them to the early recovery and

development of their income sources, particularly the support of poverty alleviation for ethnic minority

households which are struggling and are affected by the project. The specific measures are proposed as

follows.

Table VI-3: The development measures for the ethnic minorities

No.

Proposed

development

measures

Basics of proposal Support contents

and purpose Responsibility

1 Support techniques When the project completes the The technical Power Construction

41

No.

Proposed

development

measures

Basics of proposal Support contents

and purpose Responsibility

and training for the

nourish-fish cages

reservoir of 118,84ha wide, it

will be convenient for the fish-

cage model, which is new for

local families, therefore they

should capture the feeding and

caring techniques.

training for fish-

cages (2 sessions

= 1 theory + 1

practice).

JSC, No.1,

Agricultural Section

of Bao Lam and Bao

Lac district

2 Recruitment of

unskilled worker for

factories

During the construction and

when the plant comes into

operation, some unskilled works

are in need for the project, it will

prioritize the recruitment of

affected households and provide

onsite training for them to work

in the plant.

Training the rules,

procedures, norms

and safety

measures during

the working

period.

(The duration of

10 sessions = 5

theory sessions +

5 practice

sessions)

Power Construction

JSC, No.1

3 Campaigns on

gender, HIV/AIDS

and trafficking in

women for ethnic

minority

communities

The percentage of girls (aged 15

- 17) going to school is much

lower than boys’ percentage.

Ethnic minority women are

usually in charge of such works

as going to upland for

cultivation, animal husbandry,

care for children.... the limited

education access is one of the

main causes leading to the

limited off-farm opportunities

for employment of ethnic

minority women.

The division of works in families

of ethnic minority groups

remains gender discrimination

evidently.

Family properties are owned,

managed and decided by men.

Construction workers

Organize

propagation and

dissemination

meetings of

gender equality,

HIV/AIDS and

trafficking of

women integrated

into the routine

village meetings.

Deliver

propaganda

leaflets on gender

equality in

families and social

activities (the cost

is 2-5 million

VND/commune)

Power Construction

JSC, No.1,

Women’s Union,

Local authorities

42

No.

Proposed

development

measures

Basics of proposal Support contents

and purpose Responsibility

concentrating may bring social

ills such as gambling, drug

trafficking, theft and trafficking

of women/children, the risk of

transmission of HIV/AIDS and

other social evils.

43

VII. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION PLAN

A. Institutional Arrangement

120. Implementing Ethnic Minority Development Plan requires cross-sectoral collaboration from many

sectors and branches at all levels from provincial, to district, commune, village and ethnic minority

groups. Investor of Bao Lam 1 Hydropower Project will be the host agency for implementation and

collaborate with other entities during implementation. The institutional arrangements for implementation

of the Ethnic Minority Development Plan are specified as follows:

- Bao Lam 1 Hydropower JSC will assume responsibility for providing funding for

implementing all activities set out in the Ethnic Minority Development Plan; developing

regulations for oversight of workers gathering of construction materials; conducting

community consultations; monitoring resettlement compensation; executing and collaborating

to implement measures to mitigate negative impacts generated by the facility; and file reports

with the relevant authorities.

- District Resettlement Compensation Committee will assume responsibility for providing

exact compensations based on market price; providing one-off support for affected

households.

- District Women’s Union in collaboration with Commune Women’s Union and associated

Village Women’s Unions implement effectively the gender-based propaganda programme on

women’s roles and propaganda campaigns on prevention and control of HIV/AIDS and

women and children trafficking.

- Commune authorities will support Power Construction JSC, No.1 in management of workers,

prevention of social evils; conduct monitor and collaborate in monitoring with various sectors

and branches in the district, together with Provincial Ethnic Minority Committee as regards

the implementation of EMDP of Power Construction JSC, No.1.

121. Investor will coordinate with various sectors and branches in the commune and villages together

with District Resettlement Compensation Committee to regularly update the EM community of progress,

effectiveness of implementation of the EMDP; conduct monitor and inform monitoring results to

commune people’s committee and investors; assisting EM people in filing complaints in an effective

manner.

122. Leaderships of villages, social mass organizations and EM people will conduct monitoring and

evaluation of implementation of EMDP of the investor of Bao Lam Hydropower.

123. Provincial Ethnic Minority Committee will on a regular basis check and comment on

implementation outcomes of the EMDP of Power Construction JSC, No.1.

B. Implementation Plan

124. EMDP is implemented as a separate program in parallel with activities of implementing

Resettlement Plan of the project, Table VII.1 shows the details the implementation plan of main stages,

impact projects, activities in EMDP and management as well as monitoring and evaluation EMDP, some

activities were included in the RP (see RP).

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Tabe VII-1: Implementation Progress of EMDP

Activities Progress

Information dissemination and community consultation June 2014 - July 2014

Preparing the Ethnic Minorities Development Plan June 2014 - July 2014

Submitting the Ethnic Minorities Development Plan August 2014

Approving the Ethnic Minorities Development Plan December 2014

Information dissemination affer EMDP to be approved January 2015

Implementing measures to mitigate negative impacts January – June 2015

Implementing measurements or training for ethnic minority

people

January – June 2015

Monitoring and evaluation January 2015 – June 2016

Implementing the construction January 2015 – December 2016

45

VIII. COMPLAINTS AND GRIEVANCE REDRESS MECHANISM

125. To make sure the complaints and grievance redresss mechanism which will be established is

practical and acceptable to the affected households, especially ethnic minority communities, this content

has been consulted with local authorities and ethnic minority communities with aglance to the unique

cultural characteristic as well as the traditional cultural mechanisms in addressing and resolving

complaints and in the specific cases (such as the negative impacts are not minimized or new negative

impacts have arisen, EMDP has not been done, etc.) EM people can complain for their rights. Grievance

redress mechanism has been discussed as follows:

126. Stage 1: If EMDP has not been implemented or the implementation EMDP will raise the negative

impacts to the ethnic minority community and no activities for mitigation, or any issue related to ethnic

minorities people, the local ethnic minority people can elevate directly by verbally or in written to CPC or

verbally or in written to community consultation board member at commune then this board will work

with CPC and CPC will resolve the issue within 15 days from the date the complaint is received.

127. Stage 2: Within 15 days from the date the complaint is received, If the EM people are in the

absence of any response or EM people is not satisfied with the decision, they can complaint to DPC.

128. Stage 3: Within 15 days from the date the complaint is received, If the EM people are in the

absence of any response or EM people is not satisfied with the decision of DPC, they can complaint to

Provincial Ethnic Minority Board..

129. Stage 4: Within 15 days from the date the complaint is received, If the EM people are in the

absence of any response or EM people is not satisfied with the decision of PPC the EM people, as a last

resort may submit his/her case to the district court.

130. The procedure to resolve the grievance of EM people that have been described in the document “

Information of Bao Lam 1 hydropower”- PIB and delivred to all EM people in the community. For

assitting EM people to find the person inchage for this resolve, PIB provide all infomation of name, adress

as well as telepnone number of these person incharged . EM people dont have to pay any fee for their

administraive and legal cost, as well as free cost for submit the complaint at the court.

131. The external monitoring agency will be recruited to monitor and evaluate independently. This

agency will be responsible for checking the procedure and the status on resolving the complaints. The

external monitoring agency may propose other solutions (if necessary) to resolve the pending complaints.

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IX. MONITORING AND EVALUATION

A. General requirements for monitoring and evaluation

132. The internal and external monitoring system will be established to monitor the EMDP

implementation.

133. The internal and external monitoring and evaluation system will be established to monitor the

implementation of the EMDP. The main purpose of the program is monitored and evaluated to ensure that

all of the proposed measures in EMDP are comply with policies and procedures of the EMDP. In

particular, the independent monitoring and evaluation will focus on the social impact to AHs and AHs can

restore their living standards at least equal to or better than their living standards before the construction

134. The scope of the monitoring and evaluation program will include activities related to the EMDP,

providing feedback to management agencies on carrying out their tasks, identifing issues and resolving as

soon as possible to facilitate for adjustments with the implementation timely.

135. Objectives of monitoring and evaluation system are: (i) ensure the implementing progress of

EMDP; (ii) undertake rightly the mitigation measures of the plan; (iii) assess effectiveness of the measures

and propose supplement measures if necessary; (iv) identify potential or generated problems to the ethnic

minority community during the implementing period of the project; and (v) identify quick response

measures to mitigate these issues.

1. Internal Monitoring

136. The investor will be responsible for internal monitoring the EMDP implementation. The

monitoring reports will be prepared and submitted to PMB. This reports will be monthly reports, from

distributing Project Information Booklet to disbursing compensation costs and completing EM

development activities.

137. The monitoring reports will summarize the progress of EMDP implementation, compare with

monitoring indicators; and when required, propose changes to ensure the EMDP implementation in

accordance with objectives and procedures in EMDP. This resport is a part of the external resettlement

monitoring report and will be submitted to PMB and WB for reviewing. PMB will submit the quarterly

monitoring reports to WB. These reports will summarize the progress of land acquisition and resettlement

and EMDP for the project.

2. External monitoring

138. The external monitoring agency will be recruited to to conduct independent checks, monitoring

and evaluation as regards the implementation of EMDP. The independent monitoring and evaluation will

be conducted on an annual basis, except for the first stage when it is possible to conduct independent

monitoring and evaluation twice a year, and might be implemented along with resettlement plan.

139. The independent monitoring and evaluation will focus on 5 main issues, that is (i) how measures

to mitigate negative impacts set forth are implemented; (ii) what negative impacts on ethnic minority that

have been not assessed and hence mitigation measures not identified; (iii) how interventions for

community development of ethnic minority groups have been implemented; (iv) information provided is

sufficient or not and whether the consultations with EM people have been conducted or how effectively

they are implemented; and (v) complaint procedures for ethnic minority as regards EMDP and any other

issues faced by them.

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B. Monitoring indicators

140. The monitoring indicators in Table IX.1 should be should be periodically monitored during

EMDP implementation as well as monitoring indicators mentioned in Resettlement Plan.

Table IX-1: Monitoring indicators in EMDP

Monitoring and Evaluation

Issues

Basic indicators

1. The progress of EMDP

implementation

- The plan has been shared with the community.

- The plan is in line with the implementation conditions of ethnic

minority people and is joined by them.

- The plan is relevant to the progress of other activities.

- Adequate human resources available to implement the plan.

- Sufficient funding for implementing the plan.

2. Implementing community

consultations and local people’s

participation

- Local EM community, commune authorities and village leaderships

and mass organizations are provided sufficient information on

EMDP, implementation plan and grievance mechanisms.

- Local EM community, commune authorities and village leaderships

and mass organizations are involved in relevant activities, especially

monitoring the implementation of EMDP.

3. Implementation of measures to

mitigate negate impacts from the

facility.

- All measures for mitigating negative impacts from the facility are

effectively implemented.

- There are no additional negative impacts arising from the facility,

and if otherwise, there must be a community consultation on

mitigation measures and implementation of the same.

- Various sectors and branches effectively collaborate in

implementing measures to mitigate negative impacts from the facility.

4. Implementation of specific

developmental interventions for

local ethnic minority people

- All activities that support the EM development as set out in the

EMDP are implemented effectively.

- Various sectors and branches effectively collaborate in

implementing interventions for community development.

5. Grievance Mechanisms - Ethnic minority community has a clear understanding of the

grievance mechanism.

- District Resettlement Compensation Committee, commune-level

social organizations and commune people’s committee have a clear

understanding of grievance mechanism and are able to assist EM

people to implement such mechanisms.

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X. BUDGET AND DISBURSEMENT PLAN

141. Total cost of the EMDP is estimated to be 132,000,000 VND, including development measures

and contingency. The budget for EMDP is taken from the loan. The cost for monitoring and evaluation

EMDP is included in RP cost. The items of road upgrading, building a new road and public works will be

prepared at technical design phase.

Table X-1: Total funds for implementation of EMDP

No

. Item Unit

Unit cost

(VND)

Quantit

y Cost (VND) Note

1 Training young

labors to work at

unskilled in the

plant when the

plant in on

operation phase

Person

1.000.000 60 60.000.000 Before the plant

goes into

operation

2 Training on

techniques of cage

farming

Course

15.000.000 02 30.000.000 HHs

3 Assistance for

propaganda in

improving life

skills

15.000.000 02 30.000.000 Integrating into

meetings,

activities in the

villages

Sum 120.000.000

Contingency

(10%)

12.000.000

Total 132.000.000