TRANSMISSION EFFICIENCY PROJECT (TEP) Subproject 220kV QUANG NGAI - QUY NHON TRANSMISSION LINE

Compensation unit price for land in Binh Dinh and Quang Ngai provinces in VND32 Table 4.2.. The route section will locate in Pho Khanh, Pho Cuong communes, Duc Pho district, Quang Ngai p

NATIONAL POWER TRANSMISSION CORPORATION

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

TRANSMISSION EFFICIENCY PROJECT (TEP)

CENTRAL VIETNAM POWER PROJECTS MANAGEMENT BOARD

TRANSMISSION EFFICIENCY PROJECT (TEP)

CENTRAL VIETNAM POWER

PROJECTS MANAGEMENT BOARD

CONSULTANT POWER ENGINEERING CONSULTING JS COMPANY 4

CONTRIBUTORS

1 Nguyễn Đức Hoàng Establishing report

2 Nguyễn Hữu Hào Synthetizing data

TABLE OF CONTENTS

The resettlement plan (RP) of 220kV Quang Ngai - Quy Nhon (Phuoc An) transmission line in Feasibility Study phase is established in 01 volume

TABLE OF CONTENT

LIST OF TABLES 5

1.1 Transmission Efficiency Project (TEP) 7

1.2 Subproject Description 8

1.2.1 The subproject’s location 8

1.2.2 Main features of the subproject 12

1.3 Objectives of Resettlement Plan 13

CHAPTER 2: IMPACTS OF THE SUBPROJECT 14

2.1 Determination of the subproject's impacts 14

2.1.1 The subproject’s affected scope/area 14

2.1.2 Determination of affected people (APs) by the subproject 14

2.2 Type of the subproject’s impacts 16

2.3 Mitigation measures for the subproject’s impacts 20

2.3.1 Mitigation measures in the pre-construction phase 20

2.3.2 Mitigation measures in the construction phase 20

CHAPTER 3: LEGAL FRAME WORK AND COMPENSATION POLICY 21

3.1 Legal framework 21

3.1.1 Vietnam’s policies 21

3.1.2 OP/BP 4.12 of the WB’s policy on involuntary resettlement 22

3.1.3 Compatibility between policies of Government and the World Bank and wavers requirement 23

3.2 Compensation policy 23

3.2.1 General Principles 23

3.2.2 Compensation Policies 25

CHAPTER 4: COMPENSATION, ASSISSTANCE AND RESETTLEMENT 31

4.1 Compensation unit price 32

CHAPTER 5: CONSULTATION, PARTICIPATION AND DISCLOSURE 34

5.1 Community consultation and participation of people 34

5.2 Information disclose 34

5.3 Grievance redress mechanism 35

CHAPTER 6: MORNITORING AND VALUATION 37

6.1 Internal monitoring and supervision 37

6.2 Independent Monitoring 37

6.3 Reporting condition 38

CHAPTER 7: IMPLEMENTATION ORGANIZATION 39

7.1 Implementation responsibility 39

7.2 Implementation schedule 42

7.2.1 RP implementation schedule 42

7.2.2 Subproject Implementation Schedule 43

CHAPTER 8: COST AND BUDGET 45

8.1 Basis of cost estimation 45

8.2 Replacement Cost Survey 46

8.3 Cost estimation for implementation of RP 46

LIST OF TABLES

Page

Table 1.1: Summary of main features of the transmission line 11

Table 1.2: Length of the transmission line 12

Table 2.1: Number of AHs/APs by the subproject 15

Table 2.2: Number of affected HHs/people whose land acquired by the subproject 15

Table 2.3: Number of AHs whose land permanently acquired under proportion per total landholding 16

Table 2.4: Number of vulnerable households 16

Table 2.5: The land area in the RoW, and temporary facilities 17

Table 2.6: The permanent acquired land area by the subproject 18

Table 2.7: Trees cut down by the subproject 18

Table 2.8: Number of affected houses, structures under the RoW 19

Table 2.9: The area of affected houses, structures under the RoW (m2) 19

Table 4.1 Compensation unit price for land in Binh Dinh and Quang Ngai provinces (in VND)32 Table 4.2 Compensation unit price for house/structure in Binh Dinh and Quang Ngai provinces (in VND) 33

Table 4.3 Compensation unit price for trees/crops in Binh Dinh and Quang Ngai provinces (in VND) 33

Table 8.1 Cost estimation of RP’s implementation 46

ACRONYMS / ABBREVIATIONS

CPPMB : Central Vietnam Power Project Management Board

CARC : Compensation, Assistance and Resettlement Committee

GOV : Government of the Socialist Republic of Viet Nam

MONRE : Ministry of Natural Resources and Environment

EVN-NPT : National Power Transmission Corporation

PECC4 : Power Engineering Consulting J.S Company 4

Temporarily affected land: is restricted to use, under the ROW of high voltage

transmission lines and can be affected during pulling conductor/cable (according to Decree No.14/2014/ND-CP dated February 26th, 2014)

Temporarily affected houses/structures: are restricted to use, under the ROW

(according to Decree No.14/2014/ND-CP dated February 26th, 2014)

CHAPTER 1: INTRODUCTION

1.1 Transmission Efficiency Project (TEP)

The Project Development Objective (PDO) for TEP is to support the implementation of

an investment programs to increase capacity of Vietnam’s electricity transmission grid, improve efficiency and reliability of electricity services and strengthen the institutional capacity of the National Power Transmission Corporation The direct beneficiary of the project would be Vietnam’s electricity transmission company NPT Indirect beneficiaries would include all segments of population They would benefit from: (i) Improved reliability, which will reduce unserved demand and the number and duration of power outages; and (ii) Increased energy efficiency, which will reduce overall costs and GHG emissions The project would also bring direct temporary benefits for skilled and unskilled workers that would be employed for the construction of the project The proposed project is comprised of the following three components: (i) The Transmission Infrastructure Component; (ii) The Smart Grid Component; and (iii) The Capacity Building and Institutional Strengthening Component

 The Transmission Infrastructure Component will finance transmission lines

and substations at voltage levels of 220kV and 500kV The investments will target three areas that are key to the overall economic development of Vietnam, namely the Greater Hanoi Area, the Greater Ho Chi Minh City Area and the Mekong Delta Investments at the 500kV level will help increase the transport capacity of the main 500kV trunk system while increasing its reliability Investments at the 220kV level are aimed at increasing the capacity of the supply points to the distribution utilities and improve the reliability of the network that serves these points

 The Smart Grid Component will support modernization of monitoring, control,

and protection equipment in 500kV and 220kV substations to improve the reliability of the interconnected power system as a whole and of some bulk-supply points in the distribution network Today, 60 percent of the faults in substations are a consequence of faulty operations of monitoring, control, and protection equipment Aided by monitoring and control gear, protection equipment: (i) detects - among other things - the locations and intensity of faults and, based on such information, determines what equipment should be disconnected to protect the system from damage; and (ii) decides when disconnected equipment should be reconnected to ensure that interruptions in the provision of electricity services are minimized

 The Capacity Building and Institutional Strengthening Component will

contribute to the gradual development of NPT to become an independent transmission company with revenues from the application of cost-of-service regulation in the transmission sector The steps to be supported in this operation include the definition of technical and financial performance indicators, the introduction of enterprise asset management systems and strategies

The Resettlement Plan (RP) of “220kV Quang Ngai – Quy Nhon TL” subproject

is established under the Policy Framework of the Transmission Efficiency Project (TEP)

1.2.1 The subproject’s location

The 220kV Quang Ngai - Quy Nhon (Phuoc An) TL will cross through 33 communes/towns in 02 districts and 09 provinces, divided into the following sections:

- Section 1: Starting point – G11 with 20,934m in length

Starting point will go from the 220kV feeder bay of 220/110kV Quang Ngai substation (under construction), thencrossing over the north - south railway to reach to G1 At G1, the route will turn left and parallel with the proposed 220kV Thuong Kon Tum - Quang Ngai transmission line to G2 At G2, the route will turn left and cross over Highway 24, then create steering angles in order to avoid Pho Phong industrial zone and reduce to cut through residential area in Phong Pho, Pho Nhon communes, Duc Pho district At G10, the route will turn left and pass through moutainous area of Pho Ninh commune to G11which is proposed to place on a low hill in Hoa Pho commune, Duc Pho district

The route section’s topographical condition is rather complicated The proposed section from the starting point to G9 mainly goes through land growing rice, crops, eucalyptus and residential area The proposed section from G9 to G11 passes through both mountainous area that has high fluctuation in terrain elevation, and farmland which mainly have eucalyptus, crops, fruit trees, paddy fields, thick forests and residential areas The route section will locate in Mo Duc and Duc Pho districts, Quang Ngai province

Objects crossed by the route are as follows:

+ Crossing over the North-South railway : 01 time

+ Crossing over medium-low voltage line : 13 times

+ Crossing over telecommunication line : 01 time

+ Crossing over river : 01 time

+ Number of households whose land is affected in the ROW: 16 households (10 houses)

- Section 2: G11 – G24 with 41,132m in length

At G11, the route will turn right, and then cross over some low hills to G12 At G12, the route will turn left, and then cross over the paddy field in Pho Cuong commune, Duc Pho district to G13 placed on a hillside From G13 to G22, the route will follow the moutain slope with complex terrain, dense vegetation, and high fluctuation in terrain elevation At G22, the route will turn right, then parallel with the existing 110kV Hoai Nhon-Mo Duc TL, and pass over provincial road 629 to G24 placed on a paddy field in

An My commune, Hoai An District

The route section’s topographical conditionare rather complicated with many rugged mountainous areas; cultivation landgrowing pines, crops, eucalyptus, fruit trees, paddy field, thick forest and residential area The route section will locate in Pho Khanh, Pho Cuong communes, Duc Pho district, Quang Ngai province and Hoai Son, Hoai Chau Bac, Hoai Chau, Hoai Phu, Hoai Hao, Hoai Tan communes, Bong Son village, Hoai Nhon district; and An My commune, Hoai An district, Binh Dinh province

Objects crossed by the route are as follows:

+ Crossing medium-low voltage line : 07 times

+ Number of households whose land is affected in the ROW: 10 households (7 houses)

- Section 3: G24 – G33 with 22,544m in length

At G24, the route will turn left and cross An Lao River to G25 placed on a paddy field in An Thanh commune, Hoai An district At G25, the route will turn left, then cross Kim Son river to G26 placed on a eucalyptus plantation in Hoai Duc commune From G26, the route will follow hillsides planted with eucalyptus, cashew; then pass through the paddy field interspersing with residential area to G33 placed on a hillside covered byeucalyptus in An Tuong Dong commune, Hoai An district

The route section’s topographical condition are rather complicated with many rugged mountainous areas, cultivation land growing pines, crops, eucalyptus, fruit trees, paddy field, thick forest and residential area The route section will locate in Hoai Duc commune in Hoai An district and An My, An Thanh, An Phong, An Tuong Dong communes in Hoai An district, Binh Dinh province

Objects crossed by the route are as follows:+ Crossing over provincial road

: 02 times + Crossing over inter-commune road : 23 times

+ Crossing over 110kV transmission line : 01 time

+ Crossing over medium voltage line : 10 times

+ Crossing over telecommunication line : 03 times

+ Number of households whose land is affected in the ROW: 20 households (10 houses)

- Section 4: G33 – G41 with 1,984 m in length

From G33 to G34, the route will pass through rugged hills with high fluctuation in terrain elevation At G34, the route will turn left, then create steering angles in order to avoid residential and quarry areas, and turns back to G37, then the route will follow the hillside, cross a paddy field to G41 placed on a eucalyptus plantation in Cat Lam commune, Phu Cat district, Binh Dinh province

The route section’s topographical condition are rather complicated with many rugged mountainous areas, cultivation landgrowing pines, crops, eucalyptus, fruit trees, paddy field, thick forest and residential area The route section will locate in My Trinh,

My Hoa, My Hiep communes, Phu My district and Cat Lam, Cat Hanh, Cat Hiep communes, Phu Cat district, Binh Dinh province

Objects crossed by the route are as follows:+ Crossing over provincinal road

: 01 time + Crossing over inter-commune road : 07 times

+ Crossing over medium voltage line : 01 time

+ Crossing over telecommunication line : 01 time

+ Number of households whose land is affected in the ROW: 05 households (03 houses)

- Section 5: G41 – DC with 3,516m in length

This section will mainly pass through the paddy field, crops and residential area with low fluctuation in terrain elevation From G41 to G45, the route will pass through residential areas alternating with land growing crops and rice in Phu Cat and Tay Son districts From G45, the route will create steering angles to avoid residential areas and goes to G47 At G47, the route will turn left to cross Con river, then pass through paddy fields and avoid residential areas of An Nhon district and arrive at G53 From here, the route will turn right to cross over Highway 19 and create steering angles to go through moutain area From G55 to DC, the route will parallel with the existing 220kV Pleiku - Quy Nhon transmission line, and arrive at the ending point on which the 220kV Phuoc

An substation is constructed as scheduled

The route section’s topographical condition is relatively flat, only G55-57 route crosses over relatively high moutains, the remaining routes goes through delta area, arable land used mainly for eucalyptus plantation, crops, fruit trees, paddy fields and alternating residential areas The route section will locate in Cat Lam, Cat Hanh and , Cat Hiep communes, Phu Cat district; Binh Thuan, Tay An, and Tay Vinh commuens in Tay Son district; Nhon Phuc, Nhon Loc, and Nhon Tho communes, An Nhon district; An Phuoc commune, Tuy Phuoc district; Binh Dinh Province

Objects crossed by the route are as follows:

+ Crossing over provincinal road : 02 times

+ Crossing over inter-commune road : 43 times

+ Crossing over 110kV transmission line : 01 time

+ Crossing over 220kV transmission line : 01 time

+ Crossing over medium-low voltages line : 22 times

+ Crossing over telecommunication line : 03 times

+ Number of households that whose land is affected the ROW: 25 households (10 houses)

Table 1.1: Summary of main features of the transmission line

- Number of times crossing over

- Number of times crossing National

- Number of times crossing provincinal

- Number of times crossing over

Table 1.2: Length of the transmission line

I QUANG NGAI PROVINCE 32,383

II BINH DINH PROVINCE 107,070

- Starting point : 220kV busbar of 220kV Quang Ngai substation

- Ending point : 220kV busbar of switching 220kV Phuoc An substation

- Rated voltage : 220kV

- Number of circuits : 2 circuits

- Route’s length : 139,888 km

- ROW : 10.6m from route’s center to each side (21.2m total)

- Land use area, including:

+ Area of temporarily acquired land by electric pole’s foundations: 73,888m2 + Area affected by the safety ROW under Decree 14/20014/ND-CP of the Government dated 26/02/2014: 2,965,626 m2

+ Land affected temporarily by temporary facilities (warehouse, sheds ): 57,981.2 m2

- Construction location:

+ Mo Duc, Duc Pho district - Quang Ngai province

+ Hoai Nhon, Hoai An, Phu My, Phu Cat, Tay Son, An Nhon, Tuy Phuoc districts

- Binh Dinh province

- Conductor: ACSR-330/43 (for 2-phases dividing route 2xACSR-330 from DD – G34 84,699km in length); ACSR-400/51 (for 3-phases dividing route 3xACSR-400 from G34 – DC 55,289km in length)

- Optic cable: OPGW-70

- Insulator: glass (ceramic) or composite (Insulator type shall be selected by competitive bid)

- Column solution: Steel column user equilateral angle steel bar Bars, and plates are joined by welding and bolts

- Foundation solution: reinforced concrete cast-in-place

- Ground line: ray type and pile-ray mixed type

1.3 Objectives of Resettlement Plan

The Resettlement Plan is established for the following objectives:

- Involuntary resettlement must be avoided where possible, or be reduced to the lowest possible extent by selecting appropriate design options;

- Where involuntary resettlement is unavoidable, the resettlement activities must

be prepared and executed with sustainable development programs and sufficiently provided investment supports, enabling displaced people to benefit from the subproject The displaced people will be fully consulted and allowed to participate in preparatory and implementing activities of Resettlement plan, APs;

- APs will be compensated for their losses, and will be fully provided with rehabilitation measures to support them in better improving or at least maintaining their living standards and income before constructing the subproject

CHAPTER 2: IMPACTS OF THE SUBPROJECT

2.1 Determination of the subproject's impacts

2.1.1 The subproject’s affected scope/area

2.1.1.1 Component with land acquisition

- Total land area affected by ROW and temporary storage, tents, construction road

is 2,459,044m2

- Total land area acquired for the tower foundations will be 64,441m2

2.1.1.2 Component with temporary impacts

- Component of temporary impact comprises of the ROW of transmission line with 22m in theaverage width Temporary acquired land will also be required for construction of the auxiliary items such as temporary storage, tents, construction road

- In addition, the transmission line will affect a number of infrastructures, houses and farms of the local people in the construction process However, there will be measures to ensure safety, minimize damage to the subproject activities of the people under the ROW

2.1.2 Determination of affected people (APs) by the subproject

2.1.2.1 Determination of affected people and eligibility criteria

The APs include all people who lose land or the right to use land or who lose

“access to legally designed parks and protected areas resulting in adverse impacts on the livelihoods” The eligibility criteria for compensation will include: (a) those who have formal legal rights to land or other assets; (b) those who initially do not have formal legal rights to land or other assets but have a claim to legal rights based upon the laws of the country; upon the possession of documents such as land tax receipts and residence certificates; or upon the permission of local authorities to occupy or use the project affected plots; and (c) those who have no recognizable legal right or claim to the land they are occupying

Persons covered under (a) and (b) are provided compensation for the land they lose, and other assistance Persons covered under (c) are provided resettlement assistance, in lieu of compensation for the land they occupy, and other assistance, as necessary

2.1.2.2 Number of affected people and households

According to the survey result, there are 1,310 households with 5,926 people affected by the subproject The AHs are distributed throughout host communes as the below table

Table 2.1: Number of AHs/APs by the subproject

Table 2.2: Number of affected HHs/people whose land acquired by the subproject

Quang Ngai Duc Pho 69 34 35 316 149 167

2.1.2.3 Impact level

According to the survey result, impact level of the subproject is as follows:

+ There are three (03) female households who will be permanently acquired more than 10% of of their productive landholding

+ There are 393 households who will be permanently acquired less than 20% of their productive landholding (or under 10% of productive land with regard to vulnerable households)

Table 2.3: Number of AHs whose land permanently acquired under proportion per total

Quang Ngai Duc Pho 68 1 69

- There is no affected household that is ethnic minorities

Table 2.4: Number of vulnerable households

Province District Female

headed HHs

Poor households

Disasbility households

=> 60 old HHs

+ Land area needed to be recovered for the foundation is 64,441m2, in which household’s land accounts for 87.21% The remaining area is under management of CPC

The land area is detailed in land types as below tables

Table 2.5: The land area in the RoW, and temporary facilities

Unit: m2

Province District Forestry

land

Productive land

Residential land Grand Total

Binh Dinh Total 798,407 1,044,526 6,906 1,849,837

Quang Ngai Duc Pho

Quang Ngai Total 290,912 316,071 2,222 609,206

Grand Total 1,089,319 1,360,596 9,128 2,459,044

Table 2.6: The permanent acquired land area by the subproject

Unit: m2

land

Productive land

Residential land

Grand Total

Quang Ngai Duc Pho 8,005 3,769 993 12,767

of crops is expected 03 ha

- There are also some kinds of tree which will be cut for constructing tower foundations

and ensure the safety of the ROW The cut trees comprise of Aquilaria crassna, Eucalyptus,

Neem tree, Bamboo, Fruit trees (jackfruit, coconut), Cashew, in which number of cut

Eucalyptus will be the highest, specificially as the below table

Table 2.7: Trees cut down by the subproject

Unit: number of tree

Neem

Fruit trees (jackfruit, coconut)

2.2.3 Impacts on houses/structures

According to regulations in Article 13 of Decree No 14/2014/ND-CP dated 26thFeb 2014, houses/structure can be existed under the ROW of a 220kV transmission line if they meet conditions stipulated in item 1, 2 and 3 in this article (including the distance and houses’ structure)

The survey results have shown that there are 117 houses/structures under the ROW, including 45 main houses and 72 structures (kitchen, warehouse, bathroom, etc.) The detailed number and area of them are presented in below tables

Some of 117 houses/structures have structures and distance to the proposed TL meeting the conditions stipulated in Decree 14/2014/ND-CP while others have to be upgraded and improved (such as installing ground wire) to be existed under the ROW

Therefore, there are no any houses/structure have to be removed outside of the ROW

Table 2.8: Number of affected houses, structures under the RoW

Unit: psc

Bath/pool /restroom

Table 2.9: The area of affected houses, structures under the RoW (m2)

Province District House Kitchen Camp Barn/

Pigpen Warehouse Hut

Bath/pool /restroom

Province District House Kitchen Camp Barn/

Pigpen Warehouse Hut

Bath/pool /restroom

Quang Ngai Total 617 123 120 326 40

2.3 Mitigation measures for the subproject’s impacts

2.3.1 Mitigation measures in the pre-construction phase

The transmission line is designed in accordance with the local planning, avoiding cultural heritage sites, natural reserve areas, populated areas Futhermore, the subproject

is designed to near to traffic roads because of the facilitation of material transportation The result of site selection process is as follows:

- The route will avoid going through the local planning area

- The route will mainly pass through coffee plantations, be far away from residential areas, and will not go through public infrastructures, historical and cultural monuments; thus, this will avoid damage to people's properties

- The route has 1-6 km of average distance from National Highway 1A and crosses Highway 24 (in Quang Ngai province), provincial road 629, provincial road 630, provincial road 631, provincial road 634, provincial road 636, Highway 19, provincial road 636B (in Binh Dinh province) This makes it more convenient for the transportation

of raw material

2.3.2 Mitigation measures in the construction phase

During the construction phase, schedule and constructing measures are established and optimized to ensure compliance with procedures and regulations on construction, and minimizing negative impacts:

- Construction plans thoroughly implemented for each construction item will minimize the time of temporarily acquired land

- Construction organization unit will manage construction teams tightly and scientifically to minimize the clearance of crops, trees

- In addition, to minimize the impact on crops, the construction should be arranged after harvest time

CHAPTER 3: LEGAL FRAME WORK AND COMPENSATION POLICY

- The Land Law No.45/2013/QH13, issued on December 29th, 2013

- Decree No.14/2014/ND-CP dated February 26th, 2014, guiding the detailed implementation of the Electricity Law regarding safety protection of high-voltage power grid

- Decree No.47/2014/ND-CP issued on May 15th, 2014 on compensation and resettlement when land is acquired by the State

- Decree No 44/2014/ND-CP issued on May 15th, 2014 on methods to determine land prices

- Decree No 43/2014/ND-CP issued on May 15th, 2014 on methods to implement Land Law

- Decree No 38/2013/ND-CP dated April 23th, 2013 on management, using official development assistance (ODA) and preference loan capital from sponsors

- Decision No.52/2012/QD-TTg, dated November 16th, 2012 on the policies of employment support and vocational training for farmers whose agricultural land is acquired by the State

The current regulations on compensation, assisstance and resettlement of Binh Dinh and Quang Ngai provinces include the following decisions:

* Decisions of Binh Dinh People's Committee

- Decision No 42/2013/QD-UBND dated December 18th, 2013 of Binh Dinh People’s Commitee promulgating price of land in 2014

- Decision No 40/2013/QD-UBND of Binh Dinh People’s Committee on regulating compensation unit price of trees/crops when land is acquired by the State in Binh Dinh province

- Decision No 41/2013/QD-UBND dated December 16th , 2012 of Binh Dinh People’s Committee on regulating compensation unit price of houses, structures and graves when land acquired by State in Binh Dinh Province

- Decision No 50/2012/QD-UBND dated December, 2012 of Binh Dinh People’s Committee on regulating compensation, subsidy, and resettlement when land is acquired

by the State in Binh Dinh province

* Decisions of Quang Ngai People’s Committee

- Decision No.08/2013/QD-UBND dated January 28th, 2013 of Quang Ngai People’s Committee on regulating compensation, subsidy and resettlement upon the State’s land acquisition in Quang Ngai province

- Decision No 07/2012/QD-UBND dated Apr 10th 2012 of People's Committee of Quang Ngai Province on issuing compensation unit prices for houses, structures and graves when the State acquires land to be used for security, defense, purposes, national interests, public interests and socio-economic development in Quang Ngai province

- Decision No 56/2013/QD-UBND dated December 23th, 2013 of Quang Ngai People’s Committee promulgating land prices in 2014

- Decision No 482/2008/QD-UBND dated Dec 31th 2008 of People's Committee

of Quang Ngai province on issuing regulations on plant density, unit price and principles

of compensation, assisstance of trees, crops when land acquisistion by the State is applied

in Quang Ngai province

3.1.2 OP/BP 4.12 of the WB’s policy on involuntary resettlement

The OP 4.12 includes the following principles:

 Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs;

 Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits Project affected persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs;

Project affected persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher

The necessary measures to ensure the resettlement achieves good result including:

- Consult with APs about feasible measures for compensation and resettlement planning

- Giving out restoration and resettlement alternatives to APs;

- Affected persons are allowed to participate in planning and selecting alternatives;

- Full compensation at the replacement value for the damages caused by the subproject;

- Resettlement site needs to have infrastructures and minimum services same as the old area;

them have a favorable resettlement;

- Identifying and providing special assistance to vulnerable groups; and,

- Establishing an institutional structure and organization to help implement the compensation and resettlement successfully

Compensation standards and eligibility:

- Eligible persons who are displaced or affected by subproject, will be received compensation including:(a) People having recognizable legal right to the land and other assets; (b) People have no recogizable legal right to the land and other assets, but they are eligible for legalization under the State’s Laws based on ownership documents such as land tax receipts, certification of residency status, or based on residence permit of local authorities to live on and use of the land section affected by the subproject; and (c) those who have no legal right or do not qualify for legalization of the land on which they currently live

- Those under (a) and (b) are compensated for land loss and provided other assisstance.Those under (c) are provided resettlement assistance instead of being compenstated for their land and other assisstance, if necessary, to achieve the objectives

of this policy, if they have land located in the subproject area before the cut-off date specified in the RP Persons who encroach after the cut-off date specified in the RP will not be entitled to any compensation and resettlement assistance

Determining the value of damages and damage compensation: the method used to determine the damage value of projects financed by the bank is based on the replacement cost

3.1.3 Compatibility between policies of Government and the World Bank and wavers requirement

Although the recent legislation on resettlement of Vietnam tends to be more consistent with that of the World Bank, there are still some discrepancies exists (between Laws - Decrees of Vietnam and policy of WB in term of compensation, resettlement) that are required particular attention In case of any inconsistency, the policy of the World Bank will be applied This is in accordance to the Decree No 38/2013/ND-CP, states that

in the case of difference between any provision of ODA international agreements of which the Socialist Republic of Vietnam is a members with the provisions of the law of Vietnam, the provisions of that treaty shall be complied (Article 6, paragraph 7)

3.2 Compensation policy

3.2.1 General Principles

All DPs who have assets within or reside within the area of project land-take before the cut-off date are entitled to compensation or assistance for their losses Those who have lost their income and/or subsistence will be eligible for livelihood rehabilitation assistance, based on the criteria of eligibility defined by the project and in consultation

with the DPs.1 If, by the end of the project, livelihoods have been shown not to be restored to pre-project levels, additional measures will be provided

 The compensation rates will be determined based on the results of independent land/assets appraisal in a timely and consultative fashion All fees and taxes on land and/or house transfers will be waived or otherwise included in a compensation package for land and structures/houses or businesses The local authorities will ensure that DPs choosing relocation on their own obtain, without additional cost, the necessary property titles and official certificates commensurate with similar packages provided to those who choose to move to the project resettlement sites

 Land will be compensated “land for land” or in cash according to the DP’s choice whenever possible The choice of land for land must be offered to those losing 20% or more of their productive land If land is not available, the borrower must assure itself that this is indeed the case Those losing 20% or more of their land will have to be assisted to restore their livelihood The same principles apply for the poor and vulnerable people losing 10% or more of their productive landholding

 DPs that prefer “land for land” will be provided with land plots with the equivalent productive capacity for lost lands or a combination of land (a standard land plot) in a new residential area nearby for residential land, and cash adjustment for the difference between their lost land and the land plots provided The resettlement area will be planned properly and implemented in consultation with the DPs All basic infrastructures, such as paved roads, sidewalks, drainage, water supply, and electricity and telephone lines, will be provided

 DPs that prefer “cash for land” will be compensated in cash at the full replacement cost These DPs will be assisted in rehabilitating their livelihoods and making their own arrangements for relocation

 Compensation for all residential, commercial, or other structures will be offered at the replacement cost, without any depreciation of the structure and without deduction for salvageable materials Structures shall be evaluated individually Any rates set by category of structure must use the highest value structure in that group (not the lowest)

 The DPs will be provided full assistance (including a transportation allowance) for transportation of personal belongings and assets, in addition to the compensation

at replacement cost of their houses, lands, and other properties

1

 Plans for acquisition of land and other assets and provision of rehabilitation measures will be carried out in consultation with the DPs (with particular attention

to vulnerable DPs), to minimize the disturbance and shorten the resettlement transition period The rehabilitation measures will be provided to the DP's prior to the expected start-up date of works in the respective project sites

 If, by the end of the project, livelihoods have been shown not to be restored to project levels, additional measures should be considered

pre- Financial services (such as loans or credits) will be provided to DPs, if necessary The installment amounts and the schedule of payments will be within the repayment capacity of DPs

 Additional efforts, such as economic rehabilitation assistance, training and other forms of assistance, should be provided to DPs losing income sources, especially

to vulnerable groups in order to enhance their future prospects toward livelihood restoration and improvement

 The previous level of community services and resources, encountered prior to displacement, will be maintained or improved for resettlement areas

 Contractors can only commence civil works after (i) the governmental competent agency has satisfactorily completed compensation payments and rehabilitation assistances in accordance to approved RP for that sub-project; (ii) already- compensated DPs have cleared the area in a timely manner; and (iii) the area is free from any encumbrances

Temporary Resettlement Relocation of any households more than once should be

avoided, because it leads to DPs being impacted twice or more and will slow down the livelihood restoration time If it must happen, these households should be considered for additional benefits as they have been impacted twice If the implementing agency has verified that temporary resettlement is unavoidable for such reasons as the final resettlement is subject to the temporary resettlement (e.g., construction of the resettlement site will not take place until the DPs are temporarily relocated) and an implementation plan for the final resettlement is agreed by the DPs and approved by District People’s Committee (DPC) or Provincial People’s Committee (PPC) and the Bank, then an additional assistance package is offered

3.2.2 Compensation Policies

1 Compensation for Loss of Agricultural Land

Legal and Legalized Land Users

If the lost area represents less than 20% of a Household’s (HH’s) land holding (or less than 10% for poor and vulnerable groups), and the remaining area is economically viable, compensation in cash will be at 100% replacement cost for the lost area

If the lost area represents 20% or more of the HHs’ land holding, (or 10% or more for the poor and vulnerable groups) or the remaining area is economically not viable, then

“land for land” compensation should be considered as the preferred option

 If no land is available, then implementing agencies (IAs) must demonstrate this to the World Bank’s satisfaction before proceeding

 If land is not available, or if the DP prefers cash compensation, then cash compensation will be provided for the lost area at 100% of land replacement cost, and the DP will be provided with rehabilitation measures to restore the lost income sources, such as agricultural extension, job training, credit access, provision of non-agricultural land at a location appropriate for running off-farm business or services

 If the DPs wish, and there is land of similar value elsewhere, the project should also assist these DPs to visit these areas and help with legal transactions should they wish to acquire them

 For agricultural land lying intermixed with residential areas, and garden and pond land lying adjacent to residential areas, apart from compensation at the price of agricultural land having the same use purpose, monetary support shall also be provided; with the prices for such support being equal to between 50% and 70% of the prices of adjacent residential land; and with the specific support levels being decided by the Provincial People's Committees (PPC) to suit local conditions

Users with temporary or leased rights to use communal/public land (DPs who rent communal or public land)

Cash compensation at the amount corresponding to the remaining investment put

on the land or corresponding to the remaining value of the land rental contract, if it exists

For DPs currently using land assigned by State-owned agricultural or forestry farms on a contractual basis for agricultural, forestry, or aquaculture purposes (excluding land under special use forests and protected forests), compensation shall be provided for investments made on the land, but not for the land itself, and these DPs may also receive additional support according to the following provisions:

 Additional monetary support shall be provided for DPs that receive land on a contractual basis and are public employees or workers of State-owned agricultural or forestry farms, or who are former employees of such farms and who are now receiving an allowance related to their former employment The

be compensated, calculated on the basis of the value of the affected land area which shall, however, not exceed the local agricultural land assignment limits The PPC shall decide on the specific support levels to suit the local conditions but the additional monetary support shall not be less than 70% of the compensation value for the land actually acquired

 Where DPs receive land on a contractual basis but are other than the individuals specified at (a) above, they shall only receive compensation for investments made on the land

Land Users without formal or customary recognized rights to the affected land

Instead of compensation, these DPs will receive rehabilitation assistance up to 100% of the land value in cash DPs will be entitled to rehabilitation measures mentioned above to ensure their living standards are restored

In case the land is rented through civil contract between individuals, households,

or organizations, then the compensation for crops, trees, or aquaculture products will be paid to the affected land users and the project client shall assist the renter to find similar land to rent

In cases when DPs utilize public land (or protected areas), with an obligation to return the land to the Government when requested, the DPs will not be compensated for the loss of use of the land However, these DPs will be compensated for crops, trees, structures and other assets they own or use, at full replacement cost Although they cannot reside in such public safety-hazard areas, if access has not been denied previously through well-documented signs and such things as fences, the social and baseline assessment should consider if such a physical impediment (like a newly restricted public safety area) is causing loss of livelihood due to people no longer being able to get to jobs and other assets associated with their subsistence as a result of restricted safety zone definition, which may for example add significant cost to traveling from home to

business, schools, etc

2 Compensation Policy for Loss of Standing Crops and Trees

For annual and perennial standing crops, regardless of the legal status of the land, compensation will be paid to the affected persons, who cultivate the land, according to the full market value of the affected crops and/or at replacement cost for affected perennial trees Regarding the removable affected trees, the compensation will be equal the transportation cost plus actual loss Perennial crops will be compensated for at the calculated value of their life time productivity

3 Compensation Policy for Loss of Income and/or Business/Productive Assets

For DPs losing income and/or business/productive assets as a result of land acquisition, the mechanism for compensating will be:

 The registered non-farm producer/business DPs, who have income-generating and/or business/productive assets affected, will be given cash business assistance for the loss of business income, equivalent to 50% of the annual average for the last 3 years net income (This amount is equivalent to 100% of monthly net income for 6 months)

 The non-registered business or non-farm producer DPs, whose operations are recognized by local authority and who have income and/or business/productive assets affected, will be given assistance in cash for the income losses for three months at the minimum

 If the business has to be relocated, then, a priority to provide a replacement business site accessible to customers, or, compensation in cash for the affected area at a replacement cost, plus transportation allowance to remove movable attached assets If there is no land available, then the business/non-farm producer DPs will be entitled for rehabilitation measures such as job training, credit access to help restore the income sources

4 Compensation Policy for Temporary Impact during Construction

In the event of temporary impact during construction, DPs are entitled to the following:

 Compensation for all affected assets/investments made on the land, including trees, crops etc., at full replacement cost;

 Cash compensation for land temporarily acquired in the form of rent which is

at least equivalent to the net income that would have been derived from the affected property during the period of disruption;

5 Damages to Private or Public Structures

Damaged property by contractor will be restored by contractors immediately at full

replacement value, after completion of civil works, to its former condition Under their contract specifications, the contractors will be required to take extreme care to avoid damaging property during their construction activities Where damages do occur, the contractor will be required to pay compensation immediately to affected families, groups, communities, or government agencies at the same compensation rates that are applied to all other assets affected by the Project

Compensation for loss of community assets: In cases where community infrastructure

such as schools, bridges, factories, water sources, roads, sewage systems is damaged, the

project will ensure that these will be restored or repaired at no cost for the community and to the community’s satisfaction

6 Allowances and Rehabilitation Assistance

Besides the compensation for affected assets, DPs will be provided with financial assistance to cover their expenses during the transition period The assistance levels will

be adjusted, taking into account inflation factor and price increase to be appropriate to the payment time These will be detailed in the RP They include, but are not limited to:

 Transportation allowance will be given to relocating DPs The amount will be

determined by local authority

 House renting allowance or temporary accommodation will be provided for

relocating DPs during the time when the DPs are waiting for the land plot or

apartment to be ready plus for the period of building the new house

 Removal Support: Organizations and DPs that are allocated or leased land by the

state or are lawfully using land and have to relocate their productive and/or business establishments are entitled to financial support for dismantling, relocating and re-installation of the establishment Support levels will be determined by actual costs at the time of removal, based on self-declaration of the organizations and verification by the agency in charge of compensation This will then be submitted to the relevant authorities for approval

 Subsistence allowance for relocating: All DPs (i) relocating within province shall

receive a cash allowance equal to 30 kg of rice per month in uninterrupted 03 months; (ii) relocating out of province shall receive a cash allowance equal to 30

kg of rice per month in uninterrupted 06 months; (iii) who are in a severe socioeconomic difficulty or who relocating to areas of socioeconomic difficulty shall be receive cash allowance equal to 30 kg of rice per month in uninterrupted

12 months

 Support for living stabilization: (a) DPs losing 20 - 70% of their agricultural

landholding (or 10 - 70% for the poor and vulnerable groups) will be provided with the amount equivalent to 30 kg of rice/person/month for 6 months if they do not have to relocate and 12 months in case of relocation In some special cases, in extremely difficult areas, the compensation may be provided for a maximum of 24 months; (b) DPs losing more than 70% of their agricultural landholding will be assisted for 12 months if they do not have to relocate and 24 months in case of relocation In some special cases, in extremely difficult areas, the compensation

may be provided upto a maximum of 36 months; (c) Households affected by loss

of less than 20% of land, where the remaining land is rendered unviable for

continued use, will be assisted with the above support plus any additional support

as determined, for a period of 12 months In case of land-for-land compensation, DPs will be assisted with seedlings, agricultural-forestry extension programs, husbandry etc

 Support for job changing (with several options provided depending on the interest

of the DPs): The support amount is 2-5 times of the agricultural land price for the whole acquired agricultural area but not exceeding the local land allocation limit at the moment of handing over land

 Support for training, apprenticeships on vocational training establishments in the province and exemption from tuition fees for the training courses for those of

working age (not applicable for those who enroll for a vocational training outside the province) After finishing training courses, they will be given priorities to be recruited in local manufacturers/businesses

 Support for the poor and vulnerable groups: Additional support will be provided

to the poor and vulnerable groups to ensure they will be able to restore the losses and livelihood at least at pre-project level

These measures are considered as additional grants beside the assisstances complying with RP

(i) Additional support of 5,000,000 for households with 20% affected land

(ii) Additional support of 5,000,000 for female headed households

(iii) Additional support of 5,000,000/disabled person for households with disabled

people

(iv) Additional support of 5,000,000/elder for poor households

(v) Additional support of 2,000,000 for households with elder who are 60 or older

 Other rehabilitation measures as agricultural extension services, job training and

creation, credit access, non-farm land allocation for non-farming business/activities, and/or other measures as appropriate will be given to DPs losing major income sources to ensure their livelihood is restored to the pre- project level

 Relocation bonus: A bonus of maximum 5 million VND will be awarded to DPs

who dismantle their houses and vacate their premises in accordance with the resettlement schedule

CHAPTER 4: COMPENSATION, ASSISSTANCE AND RESETTLEMENT

Cut-off date: The cut-off date has been fixed during the socio-economic survey and

inventory, October 01st, 2013 The cut-off date has been notified to the competent local authorities when working with the locality performing public consultation

Persons who encroach and move into the area that proposed to be affected area after the project’s cut-off date will not be entitled to compensation and resettlement These people will be requested to dismantle affected structures, cut trees or harvest crops for land clearance of the project; however, they will not have to pay any fine The subproject’s cut-off date and terms “no compensation for the encroachers” have been announced clearly in the public meetings

Replacement cost:

According to the survey result, the substation, connection lines will be built in the rural area, almost land is used for permanent agricultural production and the land unit price has been relatively steady for the last 3 years

Through consultation with local authorities and residents, compensation unit prices for land, houses, structures, crops of other projects in the region were applied equivalent to the unit prices issued by PPC and accepted by affected households Hence, this RP applies the unit prices issued by PPC for estimation and allowances as stipulated

2013 Land Law and relevant decrees, specifically as follows:

- The policy OP 4.12 of the World Bank (WB)

- 2013 Land Law No 45/2013/QH13 (put into effect on 1st July 2014)

- Decree No 43/2014/ND-CP dated 15th May 2014 (and put into effect on 1st July 2014) by GOV regarding regulation on land price

- Decree No 47/2014/ND-CP dated 15th May 2014 (and put into effect on 1st July 2014) by GOV regarding regulation on compensation, assistance and resettlement when

the State requires land

The host provinces’ decisions are issued before the 2013 Land Law put into effect Furthermore, new decisions on unit price of land, assets and trees/crops usually issued in the end of years (December) for application in the following year Therefore, at the time

of RP preparation (October –November 2014), the unit prices in this RP are applied based on the above decisions, as follows:

* Decisions of People’s Committee of Binh Dinh province

- Decision No 42/2013/QD-UBND dated Dec 18th 2013 of People’s Committee of Binh Dinh province promulgating price of land types in 2014

- Decision No 40/2013/QD-UBND dated December 16th 2013 of People's

Committee of Binh Dinh Province on issuing unit prices of damage compensation for houses, structures and graves when the State acquires land in Binh Dinh province

- Decision No 40/2013/QD-UBND dated December 16th 2013 of People's Committee of Binh Dinh Province on issuing unit prices of damage compensation for trees and crops when the State acquires land in Binh Dinh province

- Decision No 50/2012/QD-UBND dated Dec 20th 2012 of People's Committee of Binh Dinh province regulating on compensation, support and resettlement when land is acquired by the State in Binh Dinh province

* Decisions of People’s Committee of Quang Ngai province

- Decision No 08/2013/QD-UBND dated Jan 28th 2013 of People's Committee of Quang Ngai province regulating on compensation, support and resettlement when land is acquired by the State in Quang Ngai province

- Decision No 07/2012/QD-UBND dated Apr 10th 2012 of People's Committee of Quang Ngai Province on issuing compensation unit prices for houses, structures and graves when the State acquires land to be used for security, defense, purposes, national interests, public interests and socio-economic development in Quang Ngai province

- Decision No 56/2013/QD-UBND dated Dec 23rd 2013 of People’s Committee of Quang Ngai province promulgating price of land types in 2014

- Decision No 482/2008/QD-UBND dated Dec 31st 2008 of People's Committee

of Quang Ngai province on issuing regulations on plant density, unit price and principles

of compensation, assisstance of trees, crops when land acquisistion by the State is applied

in Quang Ngai province

4.1 Compensation unit price

- Compensation unit price for land is applied as same as the price stipulated by Binh Dinh and Quang Ngai PPCs, specifically as follows:

Table 4.1 Compensation unit price for land in Binh Dinh and Quang Ngai provinces (in

VND)

Land

Paddy field

Annual tree Land

Perennial tree land

Productive/protection forest land

Table 4.2 Compensation unit price for house/structure in Binh Dinh and Quang Ngai

provinces (in VND)

type A house

Grade IV type B house

Grade IV type C house

Livestock barn (CT1)

Livestock barn (CT2)

Acacia, eucalyptus

Decision No

40/2013/QD-UBND dated Dec 16th 2013 of

PC of Binh Dinh province

CHAPTER 5: CONSULTATION, PARTICIPATION AND DISCLOSURE

5.1 Community consultation and participation of people

Meaningful consultation has been carried out in the RP preparation time and will continue during the RP implementation In the public meetings and consultations held in April 2014 with project-based stakeholders in the host communes, they were given the Vietnamese version of summary document of the subproject The topics discussed in the public meetings and consultations were: (i) general information of the Subprojects, its route, locations and features; (ii) list of project affected districts, communes and the scale of possible land acquisition for the subproject transmission line; (iii) objectives and principles of RP according to the requirements of the GOV and OP 4.12 of WB; (vi) compensation; (vii) issues on gender and vulnerable groups; and (viii) mechanisms of DPs participation, grievance redress, monitoring and evaluation in all phases of RP preparation, updating and implementation

Participant components who were invited to the public consultation meeting consist

of representatives of project affected households, local authorities, Fatherland Front Committee and other local organizations (Women Union, Farmers Associations, etc.) Minutes of public consultation meetings and photos are presented in the Annex 2 of this report

Participation and consultation activities will be continuously conducted throughout various stages of the RPs implementation (e.g planning, implementation, monitoring) During these processes, public information and consultation will be conducted to gather information for assessing the project resettlement impacts and to provide recommendations on possible alternative technical options to reduce and/or mitigate potential negative resettlement impacts on local population and to proactively address issues or problems that may emerge during implementation Local authorities, affected communities and DPs will be informed about the project proposal, its objectives and proposed activities, at an early stage of project preparation The key discussion points will be focused on the development needs and priorities of local locality and their perception toward the project objectives DPs will also be consulted on project potential impacts and possible measures to reduce potential negative impacts, and improve benefits for local people

Summary of the content of public consultation meeting are presented in annex 3

5.2 Information disclose

The Vietnamese draft version of this RP report was publically disclosed at the PC of affected commune and district (April 2014), CPPMB, and VDIC of the World Bank

disclosed at project sites, CPPMB, VDIC and InfoShop of the World Bank in Washington D.C

5.3 Grievance redress mechanism

DPs are entitled to the complaints regarding their interests and responsibilities in the Project implementation including but not limited to entitlements, compensation policy, unit prices, land acquisition, resettlement and other entitlements related to the recovery support programs Complaints can also concern issues related to construction safety and nuisances caused by construction Grievance procedures should be affordable and accessible procedures for third party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse

and community and traditional dispute settlement mechanisms

Local mass organizations such as Fatherland Front, Farmer’s Union, Women’s Union will be mobilized to participate actively in the process of resolving complaints, questions The independent monitoring agency will be responsible for checking the procedures for and resolutions of grievances and complaints The independent monitoring agency may recommend further measures to be taken to redress unresolved grievances

The mechanism of complaint and complaint and grievances resolution steps are as

below:

First Stage - At Commune People’s Committee (CPC)

An aggrieved DP may bring his/her complaint to any member of the CPC, in writing or verbally It is incumbent upon said member of CPC to notify the CPC about the complaint The CPC will meet personally with the aggrieved DP and will have 15 days following the lodging of the complaint to resolve it The CPC secretariat is responsible for documenting and keeping file of all complaints that it handles

Second Stage - At District People’s Committee (DPC)

If after 15 days the aggrieved DP does not hear from the CPC, or if the CPC gives its solutions, but DP is not satisfied with the decision taken on his/her complaint, the DP may bring the case, either in writing or verbally, to any member of DPC or DCB The DCB in turn will have 30 days to resolve the case The DPC is responsible for

documenting and keeping file of all complaints that it handles

Third Stage - At Provincial People’s Committee (PPC)

If after 30 days the aggrieved DP does not hear from the DCB, or if the DP is not satisfied with the decision taken on his/her complaint, the DP may bring the case, either

in writing or verbally, to any member of the PPC The PPC has 45 days within which to

resolve the complaint to the satisfaction of all concerned The PPC secretariat is also

responsible for documenting and keeping file of all complaints that it handles

Final Stage - Court of Law Decides

If after 45 days following the lodging of the complaint with the PPC, the aggrieved DP does not hear from the PPC, or if he/she is not satisfied with the decision taken on his/her complaint, the case may be brought to a court of law for adjudication Under no circumstance, can the DP be evicted from his/her property nor can the

Government take over his/her property without the explicit permission of the court

DPs will be exempted from all administrative and legal fees Besides that, an escrow accounts for resettlement payments should be used when grievance is resolving to avoid excessive delay of the project while ensuring compensation payment after the grievance has been resolved All queries, suggestions and grievances and their resolution should be recorded and forwarded to the PC and its functioning monitored monthly The cost for Grievance redress included in the total cost of the project

CHAPTER 6: MORNITORING AND VALUATION

Implementation of RP will be periodically supervised and monitored by the CPPMB in a close coordination with the respective Peoples' Committee

According to World Bank guidelines on involuntary resettlement, there should be

an independent monitoring agency for RP implementation An independent monitoring agency will be assigned to perform the external monitoring The concerned parties shall submit technical and financial proposals to CPPMB for reviewing and being consistent with the World Bank

The selected independent monitoring agency will sign a contract with CPPMB right after RP’s approval and will begin monitoring and supervising when the subproject begins The schedule for independent monitoring will be proposed by CPPMB consistently with WB

6.1 Internal monitoring and supervision

The internal monitoring and supervision include the following activities:

a) Monitor the census and socio-economic survey of the APs, and inventory loss, current situation, assets and living condition of APs

b) Monitor whether the compensation and resettlement are implemented just as mentioned in the RP report

c) Monitor quality and area of replacement land

d) Monitor the timely and adequate implementation of compensation and compensation funds

e) Fairly investigate and assess prices in case of complaints and inquiries

The monitoring agency will submit detailed reports of the implementation progress of RP on a quarterly basis to CPPMB, NPT, EVN and independent monitoring agency

6.2 Independent Monitoring

Besides assessing the quarterly reports of the internal monitoring agency and investigating which is same as internal monitoring, external monitoring agency will be responsible for:

a) Reviewing and evaluating the inventory results and decisions on the eligibility Checking whether the compensation rate used in the RP report is suitable for the replacement cost and the market price at the time of RP implementation, and propose to

RP adjustments (if needed)

b) Assessing the socio-economic impacts of the subproject to APs

c) Monitoring RP’s implementation to achieve the objectives of the RP report "To improve or at least maintain income and living condition of APs after resettlement "

d) Proposing additions to the RP implementation to achieve the basic objectives of the RP report

e) Giving recommendations to improve RP programs

f) Closely monitoring compensation activities

6.3 Reporting condition

Internal monitoring will make report quarterly with detail schedule of RP implementation These reports will be sent to CPPMB, NPT and WB Terms of reference for independent monitoring agency will be presented fully in contract between CPPMB and independent monitoring agency A Resettlement Plan cannot be considered complete until a completion audit or survey confirms that all entitlements have been received by beneficiaries and livelihood restoration is progressing on schedule