VIE: Mong Duong 1 Thermal Power Plant

Project information has been delivered to 100% affected households such as introduction of detailed technical design, scope of impacts on land and asset upon on lands, entitlements for c

Resettlement Monitoring Report

Quarterly Report

October–December 2013

VIE: Mong Duong 1 Thermal Power Plant

Prepared by Viet Nam Electricity (EVN) GENCO 3 Thermal Power Projects Management Board 1

EVN GENCO 3 Thermal Power Projects Management Board 1 (TPMB1)

MONG DUONG (2 x 500MW) THERMAL POWER PLANT PROJECT

INTERNAL RESETLEMENT MONITORING QUARTERLY REPORT

Period 1st January to 31st March 2014

Contract No: TPMB1-EVN/ADB-2610L2MFF-Consulting-002

Table of Contents

ABBREVIATIONS 3

1 GENERAL INFORMATION OF THE PROJECT 4

1.1 Mong duong Thermal Power Plant Project 4

1.2 The Fresh Water Component 4

1.3 The Scope of Land Acquisition and Resettlement 4

2 DETAILED RESETTLEMENT IMPLEMENTATION PROGRESS 5

2.1 Information Disclosure and Community Participation 5

2.2 Detailed Measurement Survey 8

2.3 Compensation payment, assistance and resettlement 8

2.4 Process of resettlement and site clearance 9

2.5 Restoration of APs’ livelihoods and rehabilitation of APs’ lives 10

2.6 Assess degree of APs’ satisfaction of compensation and resettlement 10

2.7 Conformity of resettlement implementation progress with civil works progress and next plan 10

2.8 Issues concerning gender and ethnic minority 11

3 PENDING ISSUES 11

3.1 Outstanding problems 11

3.2 Solutions for pending issues and responsibility of relevant agencies 11

4 CONCLUSIONS AND RECOMMENDATIONS 11

4.1 Conclusions 11

4.2 Recommendations 12

APPENDIX 14

Appendix1 List of the affected Households 14

Appendix 2 Situation of Compensation Payment 22

TABLE Table 1: Affected Land Area Categorized by Communes til 31/3/2014 5

Table 2 Number of HHs and Persons whose land affected in each Commune til 31/3/2014 5

Table 3 Summary of consultations undertaken 7

Table 4 Status of affected household until 31 March, 2014 9

ABBREVIATIONS

1 GENERAL INFORMATION OF THE PROJECT

1.1 Mong duong Thermal Power Plant Project

Mong Duong Thermal Power Plant complex with a total combined capacity of 2’200 MW, is located in the Mong Duong Ward (Cam Pha town, Quang Ninh province) It is situated along Highway 18, 300 km northeast of Hanoi and 18 km from the Center of Cam Pha town The Project site is located at the mouth of the Mong Duong River and includes one ward (Mong Duong) and one commune (Cam Hai) The objective of building this Plant is to increase the capacity of the thermal electric power source and contribute to the stable supply of electricity throughout the year and especially in the dry season when the hydro plants do not generate much of their maximum capacity

1.2 The Fresh Water Component

The Mong Duong Thermal Generation Plant complex needs a large amount of fresh water from Quarter Four, 2013 It is calculated that, the combined Plant needs 15.000 m3 of fresh water per day A fresh water supply system therefore must be constructed to serve the project The system consists of the reservoir, the pumping station, the 10 KV power supply to serve for the pumping station, the water pipe line, and the access road

Of which, only the Reservoir area and the Water Pineline area relates to land acquisition and resettlement

1.3 The Scope of Land Acquisition and Resettlement

powerhouse, etc) in Cong Hoa Commune and Cam Hai Commune (Cam Pha City) 34% of affected area is productive forest land which is currently used for planting Acacia of 71

land of 37 households (182 persons) in Village 10, Mong Duong Ward Cong Hoa and Cam Hai communes will not have residential land affected by the FWCt Area, number of households and

temporary land is also acquired for the Project during construction phase and the compensation was paid for the temporarily affected households

In the pipeline, DMS also conducted in August to analyze the road widening According to the original design, pipeline will crossed over on road number 18, thus, the change in in alignment should be done due to the wider road Because of this change, 3 more households will be affected by this project

The categories of permanently affected lands are as below:

Table 1: Affected Land Area Categorized by Communes til 31/3/2014

No Categories of

affected land

Reservoir Pipe line

Total (m 2 ) Mong Duong

Ward (m 2 )

Cong Hoa Commune (m 2 )

Cam Hai Commune (m 2 )

Sub-total (m 2 )

(Source: TPMB1, Updated in March 31 st , 2014)

Table 2 Number of HHs and Persons whose land affected in each Commune til 31/3/2014

No

Categories

of affected

land

Mong Duong Ward Cong Hoa

Commune Cam Hai Commune Total

No of AHs (HH)

No of APs (person)

No of AHs (HH)

No of APs (person)

No of AHs (HH)

No of APs (person)

No of AHs (HH)

No of APs (person)

(Source: TPMB1, Updated in March 31 st , 2014)

2 DETAILED RESETTLEMENT IMPLEMENTATION PROGRESS

Detailed on the progress of Resettlement Plan Implementation is in the Appendix 2.1

2.1 Information Disclosure and Community Participation

Information dissemination was conducted by Thermal Power Project Management Unit No.1 (TPMB1) and DCARB of Cam Pha city Orientation meetings have been conducted since 2009 with relevant parties and affected households Project information has been delivered to 100% affected households (such as introduction of detailed technical design, scope of impacts on land and asset upon on lands, entitlements for compensation, assistance and resettlement, implementation schedule of land acquisition, compensation, assistance and resettlement and grievance redress mechanism) The documents have also been placed in public places and in the house of village leaders and head of mass-organization

11 consultations were conducted by the local authorities from January 1st to March 31st, 2014 and gathered representative of following groups:

Project information disclosure activity was continuously and regularly implemented through the implementation progress This kind of activity is to enhance local awareness, reduce grievance or complaints from AHs as well as speed up the implementation of the project’s components

The information disclosure was mainly carried out through: residential meetings, delivery of notices to each household, posting up notice at local government’s offices, delivery of project leaflets and posters, direct meetings with AHs by TPMB1’s, and local authorities

During the project implementation, the information disclosure activity was implemented mainly in the affected areas to local people and the ones who have complaints, grievance The disclosed information included; (i) information about the compensation policy and the right of AHs; (ii) information about environmental impacts; (iii) issues arising from the construction execution affecting local people

Besides, local people were also informed of project compensation implementation arrangements, responsibilities of relevant stakeholders and grievance redressal mechanism and results of grievance redressal as well as newly arising issues during the project implementation

The results of the consultation show that dissemination of information to local authorities, agencies and organizations, especially local communities where the project has achieved certain results The public consultation has mobilized the full participation of stakeholders, information about projects, policies and projects that benefit from the project really helped raise awareness for community and contributing to the progress of clearance and construction projects

The consultation and information dissemination is done in all communes and wards to implement the Project TPMB1 was in collaboration with the local government has organized a series of meetings, direct dialogue with those remaining claims, the displaced households The Advocacy, Dissemination and Implementation have been carried out the support policies of Cam Pha City Comittee to speed up the site clearance activities of projects thoroughly The Project has made sure to get the information to the PAPs fully and as fast as possible

The Consultation and Information Dissemination has been implemented in accordance with the provisions of ADB, from the municipal level, communes, villages and received basic consensus of the community on the issues : land and resource products affected are compensated The project has the support appropriate policies for each object affected under the provisions of the Government of Vietnam, The Matrix Rights under the provisions of the projects using ODA Fund And especially those supporting policy priorities of provinces and cities dedicated to the project Both men and women from affected households are encouraged to attend, as well as other interested community members The list of public meetings for the Fresh Water Component is provided in the following Table

Table 3 Summary of consultations undertaken

Ward/commune Time Contents Participants Comments from participants

The affected household was satisfy with compensation policy

21/2/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, head

of Resident Area, TPMB1, affected households

The affected household was satisfy with compensation policy

28/2/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

;

Cam Pha LFDC, head

of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

14/3/2014 To mobile people to

receive compensation money and hand over their land and assets for the Investor

Cam Pha LFDC, head

of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

28/3/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, head

of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

Cộng Hoà

commune

14/1/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, CPC, head of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

21/2/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, CPC, head of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

28/3/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, CPC, head of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

Cẩm Hải

commune

14/1/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, CPC, head of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

21/2/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, CPC, head of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

28/3/2014 To pay compensation, and

respond the complaints of people and to mobile people to receive compensation money

Cam Pha LFDC, CPC, head of Resident Area, TPMB1, affected households

The affected household agreed with compensation policy

Participants of public meetings include all affected households, local authorities, head of mass- organizations and village leaders The total turns of participants are around 905 people, of whom

407 people are female (accounting for 45%)

Consultations continue to be deployed in the project area through community meetings 100% of affected households were consulted 3 times or more on the project’ policy of land acquisition, compensation, support, and resettlement

Affected people have been consulted on the needs of participating in the income restoration program, however, many households are still not aware of the importance of the program, therefore, they are not ready to participate in the program Propaganda, information disseminating to these households will be continuously performed during the implementation of the income restoration program

The consultation process has also paid its attention to the needs of women and vulnerable groups such as the poor, single women headed household, elderly or some other policy objects Due to the Consultants providing information adequately and transparently on compensation entitlements the complaints of affected people are not considerable in numbers

2.2 Detailed Measurement Survey

Detailed Measurement Survey was completed before November 10th, 2012 However some added surveys are still continuing due to changes in technical alternatives or some assets outside the project sites but is no longer valid for use left

As of March 31st, 2014, the discrepancies and omissions in the loss inventory process or other damages arising due to changes in technical alternatives or some assets outside the project sites but is no longer valid for use caused by land acquisition was timely inventory replenishment to ensure the entitlements of the affected people, ensuring compliance RP framework of the project Need assessment survey was conducted in July 2013 to design and implement the measures for income and livelihood restoration Participants chose the vocational training, Acacia’s Cultivating and the breeding’s model The Income Restoration Program has prepared since December and TPMB1 has sent unofficial updated IRP to ADB for comments before official submission, and ADB sent comments on 27th of January 2014, TPMB1 will responses to ADB comment and send official to ADB in early of April 2014

In the pipeline, DMS also conducted in August to analyze the road widening According to the original design, pipeline will crossed over on road number 18, thus, the change in alignment should be done due to the wider road Because of this change, 3 more households will be affected by this project It is necessary to assess the impact of these households in next quarterly report

2.3 Compensation payment, assistance and resettlement

As of March 31st, 2013, the total budget of approved compensation, assistance and resettlement

is VND 97,405,207,100and VND 96,789,219,900 has been paid for the affected people (including

budget for the DCARB), reached 98.8%

The Progress of Site Clearance of the project was concerned properly, however, due to the unexpected issues happened during the implementation, the schedule of clearance process is carried out slowly in compare with The Resettlement Plan and Resettlement Plan proposed Compensation payment has implemented for the Pipeline component Total of unpaid budget is

2014 This unpaid amount belongs to Resevoir Component Pipeline Component was completed compensation payment

In general, The Application Cost for the project was in compliance with the provisions of ADB about the Compensation and Assistance will be based on the principle of replacement cost (market value in normal conditions) at the time of The Compensation Implementation The TPMB1 has many solutions to make sure that all the displaced Households in the project without having any certificate of Land Use rights or any legal recognition of the acquired land are eligible

to receive compensation and resettlement assistance, non-land assets to support the replacement cost of ABD and policies of Vietnam's Law

Although the compensation paid almost finished, there are some household still complaint on misjudging of their assets The compensation team of TPMB1 is calculated to add the inventory for those households for next few months

There are total 37 resettled households, concentrated in Reservoir Component and all of them agreed to resettle freely 12/37 of households returned their fatherland in another province such

as Hai Phong, Lang Son, Bac Giang They are immigrant households those moved to this area during 15 -25 years ago 25 other households still stay inside the commune but move near to 329 road, and they buy a new land with basic infrastructure for a household and all of them completed construction their resettled houses These households have already connected to the electricity distribution system because the 35kv electric line completed and put into use in September, 2013 and they also have accessed to potable water supply because they buy their own pumpling machine to collect the water from streams

Table 4 Status of affected household until 31 March, 2014

No

Affected Household

House

3 HHs has not build new house 0

construction and 4 HHs have not built yet)

Land

1 Buy a new agriculture land 15

They have their own land or they are too old

Staying/Moving

2.4 Process of resettlement and site clearance

As of March 31st, 2014, the land acquisition and resettlement has achieved good results in general for the Pipeline Component (Cong Hoà and Cam Hai communes) Site clearance rate for

Reservoir Component has completed 99.37% (191/192 affected households) And it is going to

be completed in the end of April, 2014 Due to delay in payment leading to the site clearance has

to be extended the time in comparison with the schedule

As of March 31st, 2014, the site clearance has completed 99.37% (191/192) affected households) And it is going to be completed in the end of April, 2014

Of total 37 resettlement households, 25 HHs completed their built houses, 8 households are in the process of construction and 4 households returned their father land (in another province) All

of 25 resettled built houses have Land Use Right Certificate

2.5 Restoration of APs’ livelihoods and rehabilitation of APs’ lives

Besides compensation for affected land and property, the project has adopted many policies to support affected households to ensure the progress of relief work as well as the interests of the people and help them to restore stable life

All the affected households who get the payment received full assistances according to project policies such as living stabilization assistance, occupation transmission assistance, and business stabilization assistance

After the need assessment survey in participating in income restoration programs, an income restoration plan was submitted to ADB in November and have not been approved yet As soon it

is approved by the ADB, income restoration activities will be conducted immediately

2.6 Assess degree of APs’ satisfaction of compensation and resettlement

The local people in general are satisfied with the result of the lost inventory, compensation price assistance and resettlement policies of the Project

The PAPs are fully benefiting from the support policies under RP However, the level of support given is relatively low Income restoration assistance for severely affected households has supported to will contribute stable income restoration of PAPs life

With the loss of agricultural land household: They are highly appreciated with the counting method, applying the replacement cost and compensation payments As of Resettlement Monitoring the household who lost some Item during DMS was additional compensation

As of 31st March, 2013, among 25 complaints letters from 25 affected household relates to misidentify the acquired land and compensation rate And 24 of them had been solved and there are still 1 households have not been solved yet due to these households do not agree with compensation and support rate, all these households belong to Ward 10 Mong Duong

2.7 Conformity of resettlement implementation progress with civil works progress and next plan

Compensation and relocation of resettled households have been delayed in comparison with the site clearance and construction progress as well as overall plan of the project However, the Project tried ensuring the cleared sites for construction

2.8 Issues concerning gender and ethnic minority

The Cam Pha Town Resettlement Committee (TRC) include women representatives from the Mong Duong Ward and Women Union of the Residential Area No.10 to represent the interests of women in the affected households Capacity-building training were provided to the leaders of the Women's Union, by the social consultant of the TPMB1, to increase their participation in the TRC The participation of women in leadership and decision making in resettlement planning were guaranteed through equal representation of men and women during the resettlement implementation

The population of the commune mostly affected by the project, Ward No 10, is inhabited predominantly by members of the two ethnic minorities living in this area, Dao and Tay, while in the area affected by the pipeline, the majority is Kinh The community consultation, project information disclosure for all PAPs, including ethnic minorities have been conducted in the project during the project implementation by TPMB1, People Committee of Mong duong, and the Communes in the project regions Seriously the Asian Development Bank has provided affected households in the vulnerable group including minorities with a certain amount to support their life and livelihood development in compliance with the updated RP and legal framework

3.2 Solutions for pending issues and responsibility of relevant agencies

TPMB1 is cooperating with the Land Fund Development Center, City PPC, leaders of the villages and other stakeholders to mobilize 2remaining households to get compensation and to hand over the sites for the contractors and add compensation based on the project policies for all missing land and assets In the case of households still not accept, the project will implement the compulsory execution according to the Vietnam Laws and ADB framework

Contact with ADB to ask for approval progress the income restoration program and then conduct income restoration activities as soon as possible

Keep trying to contact with local authorities in the provinces that 12 resettled households move to and find out about their residence and livelihood after resettlement

4 CONCLUSIONS AND RECOMMENDATIONS

4.1 Conclusions

The Resettlement Policy has been implemented in a satisfactory way by TPMB1 that ensuring meeting the objectives of the project The problems happened in the implementation has been solved in time by exchange and collaborate solution by stakeholders

Implementing the activities on compensation, assistance and resettlement were delayed in comparison with the approved resettlement plan Progress on compensation and resettlement implementation until March 31th, 2014 is 99.37% The compensation payment completed 99.37%

of total of anticipated compensation budget The remaining budget is anticipated to be paid for the APs within April 2014

The policy priorities of the City support has been consulted dissemination to affected households and communities, contributing relatively satisfactorily in resolving the complaints and questions which still remain

The asset inventory of affected HHs and relocation cost calculation has been performed in an open and public way by TPMB1 and local Compensation and Support Board Asset inventory participants include all affected households and representatives of the MRB, local authorities, representatives of the local Compensation and Support Board

Replacement cost was applied for all types of properties, land affected by the project The Compensation Payment has to comply with the procedures Compliance has paid compensation directly to affected household at the communal office and before the construction of at least 01 month

Granting land use right certificates (both resident land and production land) for relocated households in Mong Duong is being submitted to CPC for approval, other land area have not been implemented

The dissemination of information about the project in general and the policy on Compensation, support and Resettlement has been coordinated between TPMB1 and stakeholders with efforts Most of interviewees said that they had received information about the project as well as the compensation policy of the implementing agencies Information dissemination, community consultation have witnessed the cooperation of DCARBs of Cam Pha city along with Mong Duong ward in the project region and have basically conducted as per the regulated process resulting in the certain efficiency

Gender equity and ethnic minority activities have been effectively integrated into the project activities

The income restoration programs have not been approved by ADB yet and therefore, income restoration plan would be delay in comparison to the time schedule

The resolve questions and complaints feedback of the affected household have concerned by TPMB1, local governments and related stakeholders 23 per 25 households who raise their grievances have been satisfactorily resolved and 2households not yet because these households

do not agree with compensation and support rate

4.2 Recommendations

The PC of Quang Ninh province, and DCARBs of Cam Pha city should pay its special attention and put emphasis on households that have to move to another place and/or those are severely affected on their income source The PC should approve, make decisions and create favorable conditions for remaining households to move to the new place as well as the activities to restore income of the affected households

TPMB1 should closely cooperate with the PC of Quang Ninh province, Cam Pha city, and DCARBs of city to support and create favorable conditions of compensation funds, to help the locality to resolve shortcomings related to land acquisition and resettlement in an effective and timely manner to ensure the planned implementation of the project

Quickly complete the granting of land use right-certificates for resettled households and prevent the encroachment problem of agricultural and forestry land which has been handed over to hamlet community

Income restoration activities should be conducted as soon as possible The Income Restoration Program should have the production model transformation which could use more female workers

or have the priority policy for single women, or the affected households lead by women

It is necessary to enhance the participation of women in community activities and their ideas sharing in meeting leaded by women union Training course on gender equity should be held at all the communes for both men and women to increase the society on women’s equity

The gender issue has not been properly concerned: In the next phase, the project should provide specific policy priorities to support the women in employment or health protection measures when women loss their agriculture land, so far loss of productive land We propose the TPMB1 indicate the Data about women in Monthly Resettlement Monitoring Report

The dissemination of information about the project operation need to continue to support information to the community and policies as well as their interests in the Project TPMB1 and stakeholders should collaborate more in solving problems which could be arised in the Process of Resettlement and Income Restoration of affected household in particular and the other affected households in general