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RESETTLEMENT AND ETHNIC MINORITY DEVELOPMENT PLAN TRANSMISSION LINE COMPONENT – TRUNG SON HYDROPOWER PROJECT

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Tiêu đề Resettlement and Ethnic Minority Development Plan
Tác giả Vietnam Electricity, Trungson Hydropower Company Limited
Thể loại Plan
Năm xuất bản 2013
Thành phố Ha Noi
Định dạng
Số trang 98
Dung lượng 1,44 MB

Cấu trúc

  • CHAPTER I. PROJECT BACKGROUND (6)
    • 1.1. Introduction to Trung Son Hydropower Project (6)
    • 1.2. Mai Chau 110 kV substation and 35kV power line Subproject (6)
      • 1.2.1. Legal rationale for the subproject (6)
      • 1.2.2. Objectives of the Subproject (7)
      • 1.2.3. Components of the Subproject (7)
  • CHAPTER III. SOCIO-ECONOMIC SURVEY (8)
    • 3.1. Socio-economic Survey (12)
    • 3.2. Socio-economic status in the project area (14)
    • 3.3. Socio-economic survey results of the project affected households (0)
      • 3.3.1. Household size (19)
      • 3.3.2. Population structure by age (19)
      • 3.3.3. Household occupational structure (20)
      • 3.3.4. Educational level (21)
      • 3.3.5. Vulnerable group (22)
      • 3.3.6. Living standards (23)
      • 3.3.7. Income (23)
    • 3.4. Impacts of the subproject (25)
  • CHAPTER IV. LEGAL FRAMEWORK (FOR LAND AND ETHNIC MINORITY) (12)
    • 4.1. Policies of the Government of Vietnam (35)
    • 4.2. World Bank’s Policy on Involuntary Resettlement and Indigenous Peoples (0)
    • 4.3. Comparison between Government of Vietnam and World Bank Approaches (38)
  • CHAPTER V. CONSULTATION AND INFORMATION DISCLOSURE (41)
    • 5.1. The need and Purposes (41)
    • 5.2. Consultation during preparation of Resettlement Action Plan and Ethnic Minority Development (43)
    • Plan 42 (0)
  • CHAPTER VI. COMPENSATION, SUPPORT AND LIVELIHOOD RESTORATION (48)
    • 6.1. Compensation (48)
      • 6.1.1 Compensation and Resettlement Objectives (48)
      • 6.1.2. The Compensation and Resettlement Principles (49)
      • 6.1.3. Project Displaced Person(s) DPs (50)
      • 6.1.4. Eligibility (50)
      • 6.1.5. Cut-off date (50)
      • 6.1.6. Project entitlement matrix (51)
    • 6.2. Support and income restoration (62)
  • CHAPTER VII. ETHNIC MINORITY DEVELOPMENT PLAN AND GENDER STRATEGY (68)
  • CHAPTER VIII. IMPLEMENTATION ARRANGEMENTS (70)
  • CHAPTER IX. BUDGET ESTIMATE (35)

Nội dung

DEFINITION OF TERMS i Displaced Persons DPs Displaced Persons DPs include a person or many people, households, agents or organizations, individuals who are verified by their collected pr

PROJECT BACKGROUND

Introduction to Trung Son Hydropower Project

Trung Son hydropower project will be constructed on the Ma River, in the territory of Trung Son commune, Quan Hoa district, Thanh Hoa province The proposed project aims to provide least-cost electric power to support Vietnam’s further economic development and improvement of living standards through the development of hydropower resources in an environmentally sustainable and socially responsible manner The proposed project will provide support for EVN’s development of one of the country’s medium-sized hydropower development projects The goal is to provide a “good practice” case of sustainable hydropower development in this core part of Vietnam’s power sector

Trung Son Hydropower project with its installed capacity of 260 MW and mean annual energy of 1018 GWh is a multipurpose project, providing both power generation and flood control benefits The proposed dam is about 40km downstream from Lao PDR, with the reservoir tail about 10km from the border The roller compacted concrete dam will be 84,5 m high and have a crest length of 513 meters

Full supply level is 160 meters The total reservoir volume will be about 348.50 million m3 including a flood control volume of about 112 million m 3 It will cover an area of about 13.13 km2, inundating mixed forest and agricultural land

The project will consist of the following four components:

 Dam construction This will include the construction of the main dam, including the spillway, intake gate, penstock, power house and discharge channel, supply and installation of the electromechanical and hydro-mechanical equipment Auxiliary investments including the access road and bridges, internal roads and construction camp will be included in this component, as will consulting services for supervision of construction

 Construction of power lines, one from the switchyard to the connection point into the existing Hoa Binh – Nho Quan 220kV system and a 110/35kV line from the area of Mai Chau to the construction site

 Impact mitigation and compensation, which will include the implementation of resettlement, livelihoods restoration, ethnic minorities, environment management and public health management plans

 Technical assistance to support preparation of further hydropower projects and improvement of capacity to meet best international practice for hydropower development

Total costs are estimated at $412million, of which about $2.9 million is for environmental management (in addition to remediation requirements placed on construction contractors) and $35.1 million for resettlement and restoration of peoples’ livelihoods Vietnam Electricity officially received a loan of

$330 million from International Bank of Reconstruction and Development (IBRD).

Mai Chau 110 kV substation and 35kV power line Subproject

1.2.1 Legal rationale for the subproject

 Decision by the Prime Minister approving the National Power Development Planning in the 2006 to 2015 period with prospect to 2025 numbered 110/2007/QD-TTg dated July 18 2007 (TSDVI)

 Decision No 5638/QD-BCT dated October 22 2008 by the Ministry of Industry and Trade approving adjustment of “Power Development Planning of Hoa Binh in the 2006 to 2010 period with prospect to 2015”

 Document No 328/DTDL-QHCP dated September 26 2008 by the Power Regulation Department on “Adjustment of Power Development Planning of Hoa Binh”

 Decision No 880/QD-EVN dated August 24 2010 by the Electricity of Vietnam on “approving the adjustment of investment project for Mai Chau 110kV substation and 35kV power line supplying electricity for construction of Trung Son Hydropower Plant”

 Document No 552/TDTS-P4 dated November 24 2010 by Trung Son Hydropower Project

Management Board on “technical design dossier, construction draw of power supply for construction of Trung Son hydropower plant component”

 Document No 1538/EVN-DT dated May 9 2011 by the Electricity of Vietnam on “adjusting information solution for Mai Chau 110kV substation”

On May 18, 2011, the Trung Son Hydropower Project Management Board issued document 180/TDTS-P4 regarding the "technical design dossier of Mai Chau 110kV substation and power line supplying electricity for the construction of Trung Son Hydropower Plant."

 Document No 1733/EVN NPC-KT dated May 27 2011 by the Northern Power Company on

“supplying construction power for Trung Son Hydropower Project in Hoa Binh Province”

 Document No 392/TDTS-P4 dated September 26 2011 by Trung Son HPPCo on “adjusted design dossier of Mai Chau 110kV substation and power line”

 Decision No 93/QD-TDTS dated November 8 2011 by Trung Son HPPCo on “approving technical design and cost estimates of the component Mai Chau 110kV substation and 35kV power line supplying construction electricity for Trung Son Hydropower Plant”

The investment in construction of "Mai Chau 110kV Substation and 35 kV power line supplying construction power for Trung Son Hydropower Plant" aims to meet the additional load demands in the area, supply power for the construction loads at the construction site of Trung Son Hydropower Plant during the construction period and resettlement sites

Mai Chau 110kV substation and 35kV power line subproject consists of the following 02 components:

 Component 1: Mai Chau 110kV substation and branch

 Component 2: 35kV power line supplying construction electricity for Trung Son Hydropower Plant

SOCIO-ECONOMIC SURVEY

Socio-economic Survey

A socioeconomic survey was conducted by the Development Research and Consultancy Centre (DRCC) to gather socioeconomic information on project-affected individuals This data will aid in:

 To design income restoration and livelihoods improvement program;

 As the database to compare the living standards of the households losing land before and after compensation delivery and resettlement (to be used for the monitoring and evaluation later in the RP implementation phase)

Utilizing terrain maps (1/50,000 scale), land use maps, and planimetric maps of electrical infrastructure, along with field surveys, the study identified the extent of land, crop, and household losses impacted by the project These resources provided a comprehensive assessment of the affected area.

 Use of questionnaire to collect statistical information on socio-economic conditions of the commune for accurate assessment of the actual socio-economic status of the communes in terms of population and ethnics;

 Use of socio-economic survey questionnaire at households level; carry out survey on 30% of the affected households to grasp the actual socio-economic status of the PAPs;

 Use of detailed questionnaire at household level; questionnaire is carried out in 100% of the households affected by construction of the project to assess the magnitude of impacts on the households;

Conduct detailed assessments in collaboration with local authorities and engage in comprehensive field inspections to determine the impact of natural disasters on infrastructure and public facilities.

 Conduct in-depth interviews with village elders and leaders, and people who are main source of information to understand the customs, traditions and spiritual sites and sources of livelihoods for ethnic minority communities;

 Conduct group discussion with EM households to understand opinions of EM communities with regard to the subprojects;

 Conduct community meetings with affected and non-affected households to disclose information on the subproject and to find out opinions of the community with regard to the construction of subprojects;

Consultations with local government officials are necessary to evaluate the potential for livelihood restoration among households facing potential severe impacts These consultations aim to assess the available resources and support systems within the affected communities, enabling the development of appropriate interventions to mitigate the economic consequences of disasters.

 Processing of data: IOL data is handled using Excel; SPSS is used to analyze socio-economic data and quanlitative data is summarized using methods of Nvivo programs;

Consultants collected the following information:

 Socio-economic information in the locality;

 The demographic information on the population, especially of the affected households;

 Brief description of Ems: Population and information on the culture, society, economic and relevant institutions; identification of the affected EM groups classified or not as category IP by World Bank and whether or not it is necessary to apply IP policies of WB;

 Land system and legal status;

 Social development trend and matters of concern within affected households;

 Identification of affected households that need special attention and support

Survey, IOL conducted along the power line

(i) Survey of losses on residential land and assets on residential land and land of other types on the same plot as residential land, which belong to the same owner

Based on survey for construction of the line, identification of affected households, survey conducted for each household includes the following information:

 Number of households whose residential and garden land is affected by construction of the power line;

 Type and area of affected house;

 Structures on land (kitchen, storage and auxiliary works etc.);

 Types and quantities of trees in the area of residential and garden land;

 Types of assets on land;

Results of survey are indicated in the questionnaire for each household For affected households that have to relocate, pictures of household heads and their houses should be included

(ii) Survey on losses of assets on land along the power line

Survey is conducted along the power line with borders identified as 3 m from the center on each side of the line

 Area around the towers will be acquired permanently; the required safety height for trees planted along the ROW is measured as follows: the distance from the highest point of the tree to the height of the lowest point of the lowest conductor (when it is sagged to the greatest extent) can not be lower than 2.0 m

Under the circumstances that trees outside the ROW of the transmision line, the distance from any part of the tree if the tree falls down to any part of the transmission line can not be lower than 0.7 m

Trees that can potentially grow quickly in a short time, which can risk the safety and trees that, after being trimmed will no longer generate economic value, have to be cut down and it is strictly prohibited to be replanted Rice and crops can only be planted 0.5 m away from the tower foundation

Inventory of tree losses on acquired land involves surveying and recording the type, quantity, and age of each perennial tree For annual trees, the type and area of each tree are documented This comprehensive assessment provides an accurate account of the trees affected by land acquisition.

 Inventory of losses for assets on land: survey is carried out for different types of camps, other auxiliary works serving for domestic activities and production activities of the people etc

 Inventory is conducted for other losses as well

Consultation with relevant parties and in-depth interview

 Consultations with local district authority’s offices: o Office of Ethnicities;

13 o Office of Agriculture; o Office of Labour, Invalids and Social Affairs; o Women’s Union, Fatherland Front; o Compensation Board;

 Consultation and in-depth interview carried out with representatives of Ems: o Village elderly; o Village leaders; o Women; o Men;

Socio-economic status in the project area

The 110kV substation and 35kV TL are built in the area of Mai Chau District, Hoa Binh Province and a commune of Quan Hoa District, Thanh Hoa Province The project area includes the following:

Table 3 List of communes in the project area

No Province District Commune Component

II Thanh Hoa Quan Hoa

Source: Detailed design of 35kV transmission line and Mai Chau 110kV substation- PECC4

The subproject construction will affect permanent and temporary land acquisition With the total permanent land acquisition area is 11,849.41 m 2 for both 110kV station and line 35 kV, the impacts on land is generally considered as minor

During the stringing of conductors, the ROW will temporarily impact approximately 58 hectares of land, with a width of 3 meters However, the impact is considered short-term, resulting in negligible effects on livelihoods due to the temporary nature of the disturbance.

14 Route of the line and substation will be constructed on site of 7 communes in 2 districts of 2 provinces, which are Thanh Hoa and Hoa Binh This area is living place of Ems with the main affected people group is Thai There are 249 affected EM households This number divides into communes and ethnics as follows:

Table 4 Population and Ethnicity in the project area

Males Females Thai Muong Kinh Others

Source: Statistical data provided by CPCs

Among 7 affected communes, in 5 of them, 100% of affected households are EMs Socio-economic background of the affected communes and EM group will be shown in details as follows

The population in 6 communes of Mai Chau District is 20,975 persons of 5,210 households The ratio of males to females is relatively equal The majority in 6 communes in the project area belongs to Thai ethnic group with the population of 16,076 persons, accounting for 76.64% of the total population of 6 communes Kinh ethnic group is the second highest in the area with 3,776 persons, making up 18% of the total population, followed by Muong ethnic group with 1,056 persons The rest is 62 persons belonging to other groups including Tay, Chinese, Dao and Mong

Table 5 Population and ethnicity in the project area

Men Women Thai Muong Kinh Others

Source: Statistical data provided by CPCs

The communes in the project area have per capita income levels lower than the national poverty line (VND 400,000/person/month) in the 2011-2015 period According to the data provided by the CPCs, the living standards of the communes are shown in the table 6 below

Table 6 Living standards in the project communes

Commune Monthly per capita income Rich HH (%)

Source: Statistical data provided by CPCs

Apart from Mai Chau Town with the smallest poverty incidence of 3.7%, the other communes in the project area have relatively high poor household rates, from 8.7% (Tong Dau) to 12.1% (Chieng Chau) to the highest of 31.4% in Mai Ha Commune

It is notable that the percentages of households with the average standard of living in the communes are quite high, approximately 50% of total households in these communes As the national poverty line is built upon the principle of ensuring minimum energy, the households with average living standard, which is approximately around the poverty line, are also those who are at high risk of falling back into poverty if they have to suffer any adverse effects in life

The economic structures of the project communes show that they mainly depend on agriculture (except for Mai Chau Town with the service proportion of 60%)

Agro-forestry-fishery Industry Services

Source: Statistical data provided by CPCs

The high proportion of households engaged in agricultural and forestry production in the communes is disproportionate to the economic value of these sectors This imbalance suggests that agricultural products do not generate significant value, resulting in an inefficient allocation of labor and resources.

Main crops in agriculture are wet rice and maize and in forestry are “luong” bamboo and bead-trees

Small and individual industry activities are mainly to serve daily life and partly due to contributions of the handicraft products including brocade and bamboo and rattan weaving products to serve tourism

Services activities do not develop strongly and mainly occur in Mai Chau Town where have tourism development and a number of small businesses and services to serve people living in the mountainous villages

3.2.5 Healthcare services, education and energy

All communes have solid or semi-solid clinics with sufficient staff 4 communes, namely Tong Dau, Mai Hich, Mai Ha and Chieng Chau, have doctors at the commune clinics Primary and secondary schools are available in all communes and town; however, no commune has high school

All communes are able to access to the national grid However, clean water is still a difficulty to people in the area

Table 8 Status of health, education infrastructure and clean water of people in the project area

Mai Chau Town Solid Yes No 100%

Dug well, drilled well, river, spring, lake

Tong Dau Solid Yes No 100%

Van Mai Semi-solid Yes No 100%

Mai Hich Solid Yes No 100%

Mai Ha Solid Yes No 100%

Chieng Chau Solid Yes No 100% Tap water

Source: Statistical data provided by CPCs

Except for Chieng Chau Commune with 672 out of 861 households have access to tap water; people in other communes still have to use water from drilled and dug wells or surface water including river, spring, lake, pond and rain water for their domestic and production activities

3.2.6 Thai community in Mai Chau

The Thai communities residing in Mai Chau, specifically within five communes and a town, belong to the White Thai (Thai Trang- Tay Khao) group that originated from Muong Huoc Puoc Kha in the 14th century Living in close proximity to the Muong people, they have adopted certain cultural influences, evident in architectural design, traditional attire, and funeral practices However, despite these adaptations, core aspects of their spiritual beliefs and ceremonies have retained their Thai heritage.

Most of Thai people grow wet-rice (Nà) as the main crop The Thai people in the project area, apart from wet-rice growing, also cultivate on mountainous fields (háy) Before, Thai people cultivated 2

Socio-economic survey results of the project affected households

Ethnic minority (EM) households constitute the majority of those impacted by the issue, accounting for 249 out of 288 affected households Consequently, this section delves into the socioeconomic circumstances of these EM households.

288 households are affected by the subproject implementation in which 249 households are ethnic minority

Table 9 Number of affected households and affected EM ones

A total of 1,656 people are affected from 288 affected households, in which the number of ethnic minority people is 1,433 people from 249 households In Mai Hich Commune, only one out of 21 households is ethnic minority According to the survey data, the household sizes of the communes are not different, about 5 persons/ household

Socio-economic survey is carried out with 30% of the PAPs, or equivalent to 108 households participated in the survey The total number of PAPs from these households is 621 Most of them are from 18 to 60, accounting for 75.6% (470 people) of the total PAPs In this age group, the number of EM people is 419, occupying 77% of the total EM PAPs

Table10 Population structure by age group

The number of children who are in kindergarten age is 25, accounting for 4% Particularly, regarding EM groups, the number of EM children in kindergarten age only makes up 3.3% of the total EM population The number of children in school-age is 59 (making up 9.5%) while the corresponding figure of the EM group is 8.8% The similar percentages are shown in the number of people out of working age, 67 people (more than 60), which are 10.7% and 10.8% for the EM group

Most of the PAPs are engaged in agriculture, accounting for 74.5% Out of the total people in the working age, approximately 100% of the PAHs’ members are involved in agricultural production

Table 11 Occupations of the PAPs by commune

Commune A gri c ul ture S hop owne r R e s ta ura nt W ork e r Gov e rnm e n t c a dre s P ri v a te s e c tor Tra nsport a t ion D ri v e r H ouse wi fe Tota l

Agricultural activities dominate the workforce in this region, with only a small proportion engaged in non-agricultural pursuits Notably, individuals between the ages of 18 and 30 primarily participate in these non-agricultural activities, while the majority of the agricultural workforce (75.5%) is over 31 years old.

The table below shows the educational level of the PAPs participated in the SES

Table 12 Educational level of the PAPs

Commune Il li te ra te P ri m a ry s c hool S e c ondary s c hool N ot y e t gra duat e from hi g h s c hool H igh s c hool V oca ti ona l tra ini n g U ni v e rs it y , post gra dua te Ot her s Tota l

0.2% of the surveyed PAPs are illiterate, mainly in Tong Dau Commune 17% of the members of the PAHs have finished primary school while 41.3% have finished secondary school and are in high

21 school The number of people who have not graduated from high school (but no longer pursuing education) is 8.3% Meanwhile, the percent of people graduated from high school is 33.3% Only 3.2% and 2.4% of the surveyed obtained vocational training and university level The educational level in these communes is not as high as the average level of the country

There are total 19 vulnerable households, including 5 ones having women as leader, 3 ones having disabled people and 11 poor ones having below 400,000VND/person/month (according to the poverty line established by MOLISA) There are no household having only single elderly in the household group affected by the subproject construction

Woman- headed The disabled Poor HHs Ethnic minority

The number of single mothers’ households is 5 including 2 households in Tong Dau commune, 2 households in Van Mai commune and 1 household in Mai Hai commune

Disabled households: there are 3 disabled households identified in the total of 288 PAHs In which, 2 households are in Van Mai and 1 household in Mai Ha commune

11 poor households are in 2 communes, namely Mai Ha (2 households) and Van Mai (9 households)

All of these households are EM in Thai group Among these households, there is one household which not only is the poor but also having women as a household leader Poor households who have income lower than 2 million VND/month account for 30%; rate of households having low income from 2 to 3 million VND/month is 50% and female leader of a poor households having approximately 2-3 million VND They are both famers and causes of poverty is facing difficulties such as lacking labours, employments’ sickness and other risks

All of the 11 poor households are affected on under 10% of their agricultural land

The table above shows that 11 households among the PAHs are classified as poor All 11 households belong to Thai ethnic group in 2 communes, namely Van Mai and Mai Hich

Based on data from the CPCs, the typical income in communes ranges from VND 250,000 to 330,000 per person per month, which falls below the poverty line set by the MOLISA for the period 2011-2015.

Table 14 Changes in living standards of the households (in the last 3 years)

In the last 3 years, the living standards of people in the project communes are being enhanced, especially most strongly in Mai Chau Town as 66.7% of the surveyed PAPs said that their living conditions were getting better than before However, surveyed people in two communes, Chieng Chau and Mai Ha, believed that their living standards were worse Nevertheless, the figures in these two communes show differences; only 6.7% in Chieng Chau commune while up to 22.2% of the people in Mai Ha commune share the opinion

Table 15 Per capita income of the PAHs by gender (million VND)

< 2 Mil 2 – 3 Mil > 3 – 4 Mil > 4 – 5 Mil > 5-6 Mil > 6 Mil Total

M a le F e m a le M a le F e m a le M a le F e m a le M a le F e m a le M a le F e m a le M a le F e m a le HHs %

Considering the household incomes shows that among 108 PAHs in the survey samples, 16 households have income lower than VND 2 million/household/month, which is considered as the income of the poor households; therefore, compared to the data of the households who have “poor cards”, the number of households whose income is below the poverty line is higher It is remarkable that among 16 poor households, one household is woman-headed

With the monthly income level from 2 to 3 million dong of a household, on average, the monthly per capita income is from VND 500,000 to 750,000 If near-poor households are those who have income level 125% higher than the poverty line, these 36 households are considered as just above the poverty line, which means that if such households encounter any adverse impact such as natural disasters, flood, land loss, crop loss, etc., they will easily fall back into poverty

Households with monthly incomes between 3 and 6 million VND are considered middle-income to high-income in mountainous communes These households possess a greater capacity for sustainable livelihoods due to their relatively stable financial situation compared to lower-income households.

LEGAL FRAMEWORK (FOR LAND AND ETHNIC MINORITY)

Policies of the Government of Vietnam

4.1.1 Policies of the Government of Vietnam (Gov) on land acquisition

This part presents legal framework and policies of GoV and policies of World Bank (WB) regarding land acquisition, compensation as well as resettlement and compares between two approaches Due to differences between policies of WB and legal framework of Vietnam, the project needs to exempt some certain articles of GoV’s circulars and regulations in terms of compensation, assistance and resettlement According to that, plan of compensation, assistance and resettlement will be implemented by the project’s policies

 Law on land 2003 issued on 26/11/2003 by Vietnam Assembly stated that “people who are acquired their land will be compensated by land for the same use; if there is no land for compensation, they will be compensated by value of land use right at the time issuing decisions on land acquisition PC of provinces and central cities will edit and implement resettlement projects prior to land acquisition and compensation for houses and residential land for people who are acquired land and relocated their residential places Resettlement locations need to have same or better development conditions than those of old residential places If there are no resettlement areas, the people who are acquired land will be compensated in cash and prioritized to buy or rent houses owned by the State, in cases of urban areas; and will be compensated by residential land, in cases of rural areas In cases land acquisition from households and/or individuals which are in direct production process, but there is no compensating land for continuing production, besides compensation in cash, the people who are acquired land will be assisted to stabilize their lives by being trained to change their production and/or business methods via assignment of new jobs” (Article 42)

 Law on complaints and denunciations are approved on 2 December 1998 by National Assembly

 Law on amending and supplementing a number of articles of the Law on complaints and denunciations are approved on 15 June 2004

 Decree 181/2004/ND-CP of the Government of Vietnam issued on October 29, 2004 guiding the implementation of the Land Law 2003

 Decree 84/2007/ND-CP of the Government of Vietnam dated May 25th 2007 on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress

 Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the State and is supplemented by the Decree No

 Decree 60/CP issued on 5 July 1994 by the Government of Vietnam regulating land ownership right and land use right in urban areas;

 Decree 61/CP issued on 15 July 1994 by the Government of Vietnam regarding regulations on purchase houses

 Decree 188/2004/ND-CP of the Government of Vietnam issued on November 16, 2004 on methods to determine land prices and assorted land price brackets This decree stated clearly maximum and minimum prices of different land types and categories all over the country

These land prices were established to serve the Government’s land acquisition, tax on changing land use right, renting the state’s land and for national as well as public objectives

Decree 123/2007/ND-CP dated July 27, 2007 on revision and supplementation of some regulations in decree 188/2004/ND-CP

Decree No 69/2009/ND-CP of the Vietnamese Government expands upon land use planning, pricing, acquisition, compensation, support, and resettlement It establishes procedures for determining land prices, issuing and renting land, and additional requirements for land use rights.

 Decree No 106/2005/ND-CP dated August 17, 2005 by the Government of Vietnam regulating protection and safety of high voltage system as well as verify necessary Right of way to ensure the safety Certain articles of this decree, which are mainly to increase safe distance from the high voltage lines, are amended by Decree 81/2009/ND-CP dated on 12 October 2009

 Decree No 53/2005/ND-CP dated April 19 2005 by the Government of Vietnam detailing and guiding the implementation of the Law on Complaints and Denunciations and the Law amending and supplementing a number of articles of the Law on Complaints and Denunciations

 Decision No 52/2012/QD-TTg dated on 16 November 2012 on policy supporting and resolving jobs and vocational training for labours whose agriculture land is acquired

 Circular No 114/2004//TT-BTC dated on 26 November 2004 by Ministry of Finance issuing guideline to implement Decree 188 This circular edited details of the methods (which are direct comparison method and collection method) regarding evaluation of price of different land types and categories in different areas/regions to ensure the placement price

Circular No 14/2009/TT-BTNMT, issued on October 1, 2009 by the Ministry of Natural Resources and Environment, provides guidelines for compensation, support, resettlement, and the processes and procedures for land recovery, allocation, and lease arrangements.

Other decisions and policy framework applied for making this policy framework include the followings:

 Decision No 2192/QD-NLDK dated on 30 June 2005 by Ministry of Industry on approval of policy framework of compensation for resettlement, policy framework of ethnic minority development plan and framework guiding environmental evaluation of Second transmission and distribution project

 Policy framework of compensation, assistance for resettlement and life recovery for DPs of Trung Son hydropower project

4.1.2 Policies of the Government of Vietnam on Ethnic minorities

For ethnic minorities, the Vietnamese Government's policies are built based on the respect and equality among ethnic groups, solidarity and mutual assistance among different ethnic groups The application of socio-economic policies for each region, each group taking into account the needs of ethnic minorities is a requirement Socio-economic Development Plan and Socio-economic

36 Development Strategy in Vietnam give special attention to the ethnic minorities The major programs for the ethnic minorities can be listed are the Program 135 (Infrastructure in poor and remote areas), Program 134 (Eliminating temporary houses) Besides, there are also policies on education and healthcare for ethnic minority people

 Resolution No 30a/2008/NQ-CP of government, dated 27 Dec 2008 on support program for rapid and sustainable poverty reduction for 61 poorest districts

 Decree No.70/2001/ND-CP: all documents registering family assets and land use rights must be in the names of both husband and wife

 Decree No 82/2010/ND-CP dated July 20 2010 by the Government on teaching and learning of ethnic minority languages in schools and regular educational centers

 Decision No 42/2012/QD-TTg dated October 8 2012 by the Prime Minister on giving support to units, organizations using employees who are ethnic minority people in the mountainous regions, especially difficult areas

 Decision No 52/2012/QD-TTg dated August 18 2010 by the Prime Minister on using legal assistance policy to raise the awareness and understanding of law of the poor and ethnic minorities in the poor districts in the 2011 to 2020 period

 Decision No 112/2007/QD-TTg of the Prime Minister dated July 20 2007 by the Prime Minister on the policy supporting services to improve the people's life, and legal support to increase the legal awareness under the program 135 phase II

 Decision No 33/2007/QD-TTg dated March 05 2007 by the Prime Minister on Supporting ethnic minority people in settlement and sedentary farming in the 2007 to 2010 period

 Decision No 01/2007/QD-UBDT dated 31-May-2007 of the Ethnic Minorities Committee on the recognition of communes, districts in the mountainous areas

 Decision No 05/2007/QD-UBDT dated 06-September-2007 of the Ethnic Minorities Committee on its acceptance for three regions of ethnic minorities and mountainous areas based on development status

 Decision No 18/2011/QD-TTg dated March 18 2011 by the Prime Minister on policies on the prestigious people in the ethnic minority groups

 Decision No 06/2007/QD-UBDT dated 12-January-2007 of the Ethnic Minorities Committee on the strategy of media for the program 135-phase 2

Comparison between Government of Vietnam and World Bank Approaches

There are a number of ways in which the approaches of the Vietnam Government – either in policy or practice – are compatible with World Bank guidelines The most important compatibilities are:

 Vietnam has a process whereby most people without legal land rights may meet conditions of legalization and receive compensation for losses

 Permanent residents are provided with options that include relocation to an improved site, or cash, or a combination of the two

 Resettlement sites offer not only improved infrastructure and services but represent a higher standard of living

 Allowances are provided to help the DPs in the transition period and there is an institutional structure through which people are informed, can negotiate compensation, and can appeal

Despite variations in approaches and measures required by the program, national and city governments have established procedures for granting waivers that alleviate conflicts between domestic law and funding agency regulations on specific projects This provision enables the execution of projects that may otherwise face legal hindrances posed by domestic legislation.

 On the issue of land tenure and the legal right to compensation, the Government and World Bank approaches are compatible The government has its own process in place whereby land occupied without legal documentation can be legalized; this land, however, is compensated for at a rate equal to 100% of land price minus the taxes and fee for land use right registration from 15 October 1993 (Articles No.42, 49 and 50 of the Land Law 2003)

In order to meet the requirements of the World Bank OP 4.12 on Involuntary Resettlement a number of articles in various Vietnamese laws and regulations which do not ensure compensation at replacement cost or set eligibility provisions which do not extend the right to rehabilitation and or assistance to households without proper land paper, will be waived

The articles of law and regulations that will be waived are mentioned below:

Eligibility to Compensation and or assistance – Decree 197

Article 7 of Decree 197 of 2004 (Cases where land is recovered without compensation) stipulates that any person whose land is recovered and who has not met one of the conditions of Article 8 of this Decree, or who has violated the plan, or who violates the protecting corridor work, or who illegally occupies land shall not receive compensation when the state recovers the land In case of necessity, the Provincial People’s Committee shall consider and decide on a case-by-case basis

 Houses and structures on non-eligible-for-compensation land, which have not violated announced land use plans or the right of way will be assisted at 80% of replacement cost

 Houses and structures on non-eligible-for-compensation land, which have violated announced land use plans or the right of way will not be assisted If necessary, the PPC will consider on the case by case basis

Article 29 of Decree 197: DPs losing more than 30% of productive land will be entitled to living stabilization and training/job creation assistance

To ensure that the objectives of this resettlement policy are met, a special decision of the Government waiving Article 7, 18, 20, 29 of Decree 197 and article 24 of Decree 69 is needed to permit assistance and rehabilitation measures for illegal users of land as proposed in the policy This was represented in Decision on approval of the project’s policy framework in Decision No 1856/TTg-KTN dated on 15 October 2010

Price of Land for Calculation of Compensation

Article 9 of Decree 197: The compensation rates for land shall be determined by the PPC for the type of land which has been used for at the time of land acquisition

To ensure that the objectives of the project resettlement policy are met, unit price for land compensation established by the Project Provincial/City People’s Committees will be adjusted to meet the replacement costs on the 1 st of January every year according to the law

39 Assistance Policy for DPs who Rent State-owned dwelling houses – Decree 197

Article 21 of Decree 197/2004/ND-CP states that DPs who rent State-owned dwelling houses shall be provided with monetary supports equal to 60% of the land value and 60% of the value of currently rented houses; in cases where there are no resettlement houses are to be arranged for them

To ensure that the objectives of the policy are met, a special decision of the Government of Vietnam regarding waiver of Article 21 of Decree 197/2004/ND-CP is needed to permit assistance and rehabilitation measures for DPs who share State-owned dwelling houses as proposed in this policy

Article 2 of Decree 188/2004/ND-CP states that the land price shall be defined by the provincial People’s Committees and/or cities directly under the central government To ensure that the objectives of the project resettlement policy are met, unit prices for land compensation established by the project related provincial/city People’s Committees shall be adjusted to meet the replacement costs

Item 5, Article 2 of Decree No.131/2006/NĐ-CP dated November 9, 2006 issuing Regulations on management and usage of Official Development Assistance (ODA) stipulates “Conform to regulations under Vietnamese Law and international treaties on ODA of which the Socialist Republic of Vietnam is a member In case an international treaty on ODA where the Socialist Republic of Vietnam is a member has contrary regulations to those of Vietnamese Law, the international treaty shall prevail”

CONSULTATION AND INFORMATION DISCLOSURE

The need and Purposes

Engaging affected individuals and stakeholders in the project's information dissemination, consultation, and participation processes is crucial for mitigating conflicts, reducing project delays, and ensuring the development of a comprehensive resettlement and rehabilitation program tailored to their specific needs and priorities This participatory approach maximizes the economic and social benefits of project development, fostering a transparent and accountable implementation process.

Not only required by the international financiers, but also information disclosures and dissemination are required by GoV as in Article 39 of Land law (2003), Articles 34, 43, 52 and 53 of Decree 197/2004 and Article 49 of Decree 84/2007 and In Decree 69/2009

The general objectives of the Public Information Campaign and the Consultation Program are to inform and get feedback from key stakeholders about all aspects of compensation and resettlement planning

Effective stakeholder engagement is crucial for successful project implementation It involves sharing project information, gathering feedback, and securing cooperation Transparency ensures the ethical and responsible execution of land acquisition, compensation, resettlement, and rehabilitation measures Participation empowers stakeholders by providing them with a platform to influence decisions that impact their lives Through active involvement, local needs and priorities are considered, fostering a sense of ownership and co-responsibility in development initiatives.

Information dissemination, consultation and participation require in the period of RAP preparation and will be continued through entire period of RAP implementation Consultation and participation are carried out through different channels and instruments, such as meetings with provincial, district, commune and village leaders and representatives of their key departments to study about the compensation and relocation policies of the city and province; the principles of determining the compensation cost, and potential of land for replacement, possibilities of economic restoration programs, employment in the locality, among others

The consultation and participation methods:

The consultation and improvement of the participation methods which were implemented include the followings;

 Schedule on consultation and organization of public meetings were informed to CPCs and people a week earlier by consultancy unit and representative of Trung Son HPP (table 27);

 Public meetings were hold at cultural houses of villages;

 The consultation was supported by tools such as maps, pictures and colour papers on which there are details of impacts on environment, society and of the project’s land acquisition;

 One expert on EM (who is a Thai people) conducted a consultation meeting with support by expert on resettlement, gender and society;

 In-depth interviews with prestigious people in EM community were directly conducted in Thai language by expert on EM

No District/ Commune Implement ation time Place

Number of participants Total Male Female

1.1 Mai Chau Town 12/9 Town People’s Committee 19 10 9

1.4 Mai Hich 13/9 Mai Hoang Son Village 15 8 7

2.1 Phu Thanh – consultation by questionnaire and in- depth interview

Content of the consultation focuses on:

 The meetings with local organizations such as women’s unions, farmer’s association, and fatherland front, veteran’s association etc., to draw their concerns and suggestion to Resettlement Planning Meetings with all affected communes and affected households, including conduct of group meetings with women, the elderly, and other vulnerable groups;

 Distribute resettlement pamphlet to leaders of communes and the displaced persons;

 Conduct of socio-economic and affected property surveys, consultation with people about

42 options for compensation, i.e “land for land or cash for land”; proposals for economic restoration activities as well as other concerns of the different affected groups

 Results of the consultation is presented in article 5.2 (table 28) below.

Consultation during preparation of Resettlement Action Plan and Ethnic Minority Development

Table 27: Summary on consultation with stakeholders

Venue Time Participants Summary on local people’s opinions

12/9 19 participants of the PAHs and representatives of the commune leaders including:

- Affected area is not considerable

- The construction of 35kV line does not affect their customs and traditions

- Attracting young people from the affected villages to engage in services in Lac Village and Pom Coong Village does not occur

- Some households do not know the area of their land to be acquired

- Construction of the 35kV line does not affect their customs and traditional habits

- The 35kV line will contribute to the socio-economic development as this power line directly promotes the completion of Trung Son Hydropower Project, and Mai Chau is the gateway to the work

- For the first measurement of land area, the village leaders and some households are not informed

During compensation implementation, the Mai Chau District Compensation, Assistance, and Resettlement Council collaborates with investors and commune/town People's Committees They hold meetings to publish project implementation guidelines, fully informing the public about the land acquisition plan, project details, compensation and assistance values, and progress updates.

12/9 56 participants of the PAHs and representatives of the commune leaders including:

- People opt to land-for-land compensation

- Propose for funding assistance for processing bamboo blinds to supply to Chieng Chau industrial zone

- People expect that the project will provide appropriate vocational training Priority should be given to members of the PAHs

- Expect that the Project will employ local labors for unskilled work such as digging, transporting

- The CPC said that there is no land for land-by-land compensation method

- PMU will be proposed to have prioritized policy for children of households who are acquired land, particularly the severely affected one

- PMU will be proposed to work with or have conditions with the contractors and must prioritize employing maximum labours, particularly unskilled labours

43 during construction of tower foundation and substation period

- The construction of substation and tower foundations should be started after the harvest crop to avoid impacts on the crop productivity

- The project will be proposed to try to avoid implementing construction near to/in crop harvest If the project needs to increase the progress, people’s impacts on crops will be compensated sufficiently and in accordance with the project policy

13/9 26 participants of the PAHs and representatives of the commune leaders including:

- Impacts are mainly on rice- growing land

- The influx of workers will not affect significantly people’s life

- The construction time should be informed in time to people so that they can plan to cultivate in another area to avoid more impacts caused by construction activities

- People in the area depend heavily on agriculture Therefore, there is not much orientation in job conversion They said that if they knew the exact amount of compensation, they would be engaged in large-scale livestock husbandry to increase income

- Expect the PMB and local authorities to identify exact acquired land area soon and prepare occupational orientation plan

- PMU will be proposed to bind contracts with the contractor, coordinate closely with the locality in terms of temporary residence registration, worker management, and good relation with local community

The stakeholders need to increase cooperation and inspection

- PMU and Mai Chau District Compensation Council will inform compensation inventory plan, construction implementation schedule to the local authorities and households soon

- PMU and Mai Chau District Compensation Council will inform households about guideline and implementation plan of the project, DMS plan, publish acquisition area and compensation amount for each household at CPC and District Compensation Council, etc

13/9 15 participants of the PAHs and representatives of the commune leaders including:

- Impacts are mainly on productive land

- The acquired are is not considerable; willing to facilitate earliest construction

- Consider assistances for the area in ROW 6m (unable to continue cultivating)

- Before construction, the PMU should inform the commune, village leaders, especially PAHs so that they can have time to stop cultivating on the area to be

- According to the country’s regulation, land compensation will base on type of land, area, position and benefit capacity

Consultancy group are aware of people’s recommendation and will consult with PMU

- According to Decree No 106 and the project policy, there is no compensation for land In terms of supporting land in ROW, consultancy will work with PMU

12/9 40 participants of the PAHs and representatives of the commune leaders including:

- The construction unit should have construction plan to avoid the crop time

- The specific area of land to be acquired of each household is not finalized, it is necessary to review and measure to identify the exact amount, area, households, and locations of tower foundations to avoid mistaking land of one household to another household which may lead to dispute among DPs

- The most important thing is that the measurement data should be confirmed by the commune officials, village leaders and heads of PAHs

- The project will be proposed to try to avoid implementing construction near to/in crop harvest If the project needs to increase the progress, people’s impacts on crops will be compensated sufficiently and in accordance with the project policy

- PMU and Mai Chau District Compensation Council will cooperate with the commune leaders and cadastral, village leader and households to implement measurement, area inventory, and types of land acquisition, property on land and acquisition categories

Information regarding land acquisition and affected properties need to have signatures of the household leaders and affected amount need to be published

14/9 70 participants of the PAHs and representatives of the commune leaders including:

- For the households whose “luong” bamboo growing land is acquired, according to the policy, the project does not compensation for acquired land but the standing bamboo, fruit trees or crops on the affected area

- Consider assistances for the area in ROW 6m (unable to continue cultivating)

- There should be agreed document between the contractor/ construction unit with the local authorities and people about the time and implementation progress to avoid impacts on production season

- After construction, site should be restored and returned to people

- During the construction period, if there is any emerging impact, compensation should be provided for DPs

- According to Decree No 106 and the project policy, there is no compensation for land In terms of supporting land in ROW, consultancy will work with PMU

- PMU will be proposed to work with and request the contractors to commit progress in accordance with contract signed with the local authorities and people as well as cooperate well with village leader during the implementation in order to limit maximum of impacts on people in the project area

- During the implementation, if the contractor affects/damage people’s properties, they will have to compensate sufficiently

- PMU will be proposed to bind contracts with the contractor,

- The influx of workers does not affect the life of people

- Social evils as well as waste should be managed by the concerned agencies coordinate closely with the locality in terms of temporary residence registration, worker management, and good relation with local community

The stakeholders need to increase cooperation and inspection

- 15/9 - Consultation by questionnaire at the households; in-depth interview

- The project should have a detailed plan to inform to people

- Support the project as the impacts are not significant while the benefits brought about by the project are enormous

- Project’s impacts are not considerable, mainly on rice growing area

- PMU and Mai Chau District Compensation Council will inform households about guideline and implementation plan of the project, DMS plan, publish acquisition area and compensation amount for each household at CPC and District Compensation Council, etc

5.3 Consultation plan and methods of information dissemination during the project implementation

The consultation and information dissemination need to be implemented during the whole time preparing for the project and also planning and implementing the project in order to ensure requirement of information dissemination, consultation and participation So as to ensure EM people can be aware of the project information, participate in the consultation and other activities of the project, following actions need to be done:

RP and EMDP need to be summarized and publicly disclosed to PAHs in different forms

In terms of provincial and district level, REMDP materials need to be provided to Office of Provincial and District PC as well as District Compensation Council and Minority Department with the full versions and in Vietnamese

In terms of communal level, Vietnamese summary will be placed at Office of CPC

In terms of community, summary of REMDP will be distributed to head of villages’ houses in Vietnamese

Flyer of REMDP will be distributed to PAHs and archived at head of villages’ houses in Vietnamese

(ii) Language of the materials

All of EM PAP can read, listen, write and speak Vietnamese fluently According to people’s responses, language of the materials can be Vietnamese with a clear printed version which is easy for them to understand

(iii) Steps of implementation and methods of consultation

The consultation needs to be done during the project preparation, implementation and operation At least, the following activities need to be done:

 Consultation, information dissemination via flyers and publicity via loudspeakers regarding the project information before conducting DMS;

 Consultation and information disclosure via public meetings during the whole time of preparation for the project;

 Publicly posting results of DMS and applications of compensation price prior to payment;

 Consultation and information disclosure via publicity and training about safe power network during the project operation.

COMPENSATION, SUPPORT AND LIVELIHOOD RESTORATION

Compensation

Following the op 4.12 and the Government policies on land acquisition, compensation, assistance and resettlement, the overall objectives of this resettlement policy are:

 to avoid, if not, minimize resettlement impacts;

 if impacts are unavoidable, the RAP is prepared in a way to ensure that affected persons are not worse off; rather, they should be able to at least maintain or otherwise improve their pre-project living standards and income-earning capacity The Project should also provide an opportunity for the local population to derive benefits from it Likewise, the Project should serve as an occasion for the local population to participate in its planning and implementation, thereby engendering a sense of ownership over this development undertaking

The main objectives and principles of WB on involuntary resettlement are:

 Involuntary resettlement and loss of means of livelihood are to be avoided when feasible by exploring all viable alternatives When, after such an examination, avoidable is proved unfeasible, effective measures to minimize impact and to compensate for losses must be agreed upon with the people who will be affected;

 People must be resettled involuntarily and people whose means of livelihood will be hindered or lost must be sufficiently compensated and supported by project components etc in a timely manner Host countries must make efforts to enable people affected by the project and to improve their standard of living, income opportunities, and production levels, or at least to restore these to per-project levels Measures to achieve this may include: providing land and monetary compensation for losses, supporting means for an alternative sustainable livelihood, and providing the expenses necessary for the relocation and reestablishment for communities at resettlement sites; and

 Appropriate participation by affected people and their communities must be promoted in the planning, implementation, and monitoring of resettlement action plans and measures to prevent the loss of their means of livelihood

To mitigate the impact of development projects, appropriate and accessible grievance mechanisms must be established, ensuring that affected communities have a voice Resettlement Action Plans (RAPs) are crucial for large-scale involuntary resettlement, outlining the resettlement strategy and involving extensive consultations with affected communities These consultations should provide ample information in a clear and accessible format, aligning with the World Bank's Safeguard policy OP 4.12 to ensure effective participation and address concerns of those impacted.

6.1.2 The Compensation and Resettlement Principles

To achieve the project's objectives, several principles are applied: minimizing land acquisition and resettlement; providing compensation, restoration, and rehabilitation to affected persons, regardless of legal documentation; prohibiting premature land recovery; offering cash or in-kind compensation for structures and land, based on local authority costs; and implementing restoration measures such as providing utilities, facilities, and public infrastructure relocation.

 Stabilization and transport allowances for all DPs temporarily or permanently displaced;

To restore income-earning capabilities, resources and programs (e.g., land development, credit access, farming and non-farm activity training) will be implemented Livelihood restoration initiatives will focus on rapidly reestablishing the living standards of displaced persons (DPs).

 Special assistance to vulnerable groups such as the poor, elderly; disable people; women-headed households etc f The resettlement sites will be as close as possible to the affected places and the previous level of community infrastructures and social services will be maintained or improved g The DPs will be consulted and will be given the opportunity to participate in through entire of phased of RAP, from its preparation to implementation as well as to share with benefits of the project

49 h Financial and physical resources for resettlement and rehabilitation will be made available as and when required Institutional arrangements will ensure effective preparation and implementation of the DP i Ongoing monitoring and evaluation of the implementation of the RAP will be carried out in order to ensure that DP will be implemented effectively A clear complaint and settling mechanism will be developed to make sure that the DP will be fairly treated

The DPs include the following persons and organizations: a Persons whose houses and/or property are in part or in total affected by the Project; b Persons whose agricultural and/or residential land are in part or in total affected (permanently or temporarily) by the Project; c Persons whose crops (annual or perennial) and trees are affected in part or in total by the Project; d Persons who affected by land acquisition for the relocation sites, if required to be developed for the project DPs

Non-eligible DPs include those making claims based on subsequent occupation after the project cut- off date

Severely affected displaced persons (DPs) are those who will experience significant losses due to a project, including losing over 10% of their productive land or assets, facing relocation, or losing a significant portion of their income sources These severely affected DPs and vulnerable groups require specific assistance to ensure the project's Resettlement Plan (RP) goals are met.

The DPs eligible for compensation and rehabilitation 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 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, to achieve the objectives set out in this policy, if they occupy the project area prior to the Cut-Off Date of the project

The cut-off-date means the date prior to which the occupation or use of any part of the project area makes residents or occupiers or users of the same eligible to be recognized as DPs For this Project, the cut-off date is the date of IOL completion and it is 15 September 2012

The project entitlements developed and presented in the entitlement matrix below correspond to the impacts identified during the inventory of losses Entitlements adopted are based on Government laws and decisions of the involved PPCs on land acquisition, resettlement and assistance, and WB guidelines on the involuntary resettlement’s impact considerations It should be noted that these entitlements may be enhanced, as necessary, following the conduct of DMS and consultation with DPs to ensure that losses are restored and peoples’ livelihood are stabilized or improved

No Type of Losses Scope of application

Definition of entitled DPs Compensation Policy Implementation Issues

1 Temporary acquisition of productive land in the right-of-way (ROW)

All DPs who have trees, crops, other assets in ROW

DPs with/without land certificate included in the inventory or able to prove land occupancy prior to cut-off date

Support and income restoration

Experience shows that, unless mitigated, involuntary resettlement resulting from development projects often gives rise to severe economic, social, and environmental problems: production systems are dismantled; people face impoverishment when their affected productive assets or income sources are not replaced

In addition, there are people who on account of their position in society and/or their physical and economic situation are less capable of re-establishing themselves than the others and, therefore, face greater risks of impoverishment Assistances through different types of allowances and economic restoration plan is needed to be developed in order to make sure that the project affected person will not be worse off or otherwise improved their livelihood and living standards at new places The Decree 69/2009/ND-CP has improved its provision of compensation and assistance to affected households, especially those who depend heavily on agricultural production as their main source of income

Results of the consultations with the stakeholders described in the Consultation and Participation Chapter show that most of the severely affected households wish to receive cash to restore livelihoods by themselves

Table 30 Preferences of the PAHs for compensation for productive land

If agricultural land or other productive land is affected, which options for compensation the household will choose?

Land for land Compensation in cash Not yet decided Total

According to survey data, nearly all Protected Area Households (PAHs) (approximately 100%) desire cash compensation for their losses However, a small percentage remain undecided, primarily in Mai Chau Town, where 18.2% of PAHs have not yet made a decision.

62 they had not selected either cash compensation or land-for-land compensation Only 3.8% of the surveyed opted to land-for-land compensation, mainly in Tong Dau Commune (9 households, accounting for 3.1%)

People tend to use their compensation money on repairing or building new houses, with more than a half of the households indicated that in the survey (55.2%) Details of households who plan to use compensation as a make up for their affected livelihoods are as follows:

- Investing in agricultural activities or livestock husbandry: 18.7%;

- Investing in their children’s study: 12.1%;

Concerning the income restoration activities, the PAHs give their plans focusing on some activities to find alternative income sources to replace their affected ones as follows:

- 54.8% plans to buy new land to re-establish production;

- 5.8% will shift to business and services sector;

- 4.7% will be engaged in handicraft; and - 2.3% will re-establish their businesses after the temporary impacts caused by the project are over

(See the table below for more details)

63 Table 31 Plan for using compensation cash of the surveyed PAHs

How is the household going to use the compensation?

Build/ repair house Buy new land Buy new utensils

Invest in cultivation/ livestock husbandry

HH % HH % HH % HH % HH % HH % HH % HH % HH %

64 Table 32 Plans of the surveyed PAHs for alternative income sources

What is the household’s plan to replace production activity/income source from agricultural land and/or restore affected business?

Buy new agricultural land for production activities

Re-establish business in the new place

Business Open small shops Handicraft Find new jobs Others Total

HH % HH % HH % HH % HH % HH % HH % HH %

65 The following assistances will be provided for the PAPs to ensure that they can restore their income affected partly by the project implementation:

(a) DPs losing agricultural/productive land and crops: i if the portion of the land to be lost represents 10% or less of the total area of the landholding, and the remaining land is still a viable economic holding, cash compensation, at full replacement cost for the acquired area may be provided to the DP ii if the portion of the land to be lost is more than 10% of the total area of the landholding or the remaining holding is not viable then the project will acquire the entire landholding and provide

"land for land" arrangements of equal productive capacity, satisfactory to the DP However, if the DP prefers to receive cash instead of land, then cash compensation at replacement cost is applied iii DPs will be compensated for the loss of standing crops at market price; productive trees will be compensated at replacement cost iv DPs whose land is temporarily taken by the works under the project will be compensated for their loss of income, standing crops and for the cost of soil restoration and damaged infrastructure Land will be rehabilitated after the project construction by NPPMB or TSHPMB as the case may be

Displaced persons (DPs) will receive full replacement compensation for any affected fixed assets, such as tombs or water wells, without deductions for depreciation or salvage materials This compensation aims to ensure that DPs are not financially disadvantaged due to project-related impacts and can adequately replace their lost assets.

In cases where community infrastructure such as schools, factories, water sources, roads, sewage systems is damaged, NPPMB or TSHPMB will ensure that these would be restored or repaired as the case may be, at no cost to the community

Besides the direct compensation for the losses, DPs will also be entitled to additional assistance (subsidies/allowances) as below:

DPs, who are involved in agricultural production, will receive an allowance in cash as follows (i) equal to 30kg of rice/person/month for a period of 6 months if DPs lose between 10% and 70% of their agricultural land holdings; (ii) equal to 30kg of rice/person/month for a period of 12 months if DPs lose greater than 70% of agricultural land holdings

DPs, who are permanently affected by losing more than 10% of productive land or incomes, or have to relocate will be entitled to training or other economic restoration programs at 3,000,000 VND for one person and a further 2 million VND for every additional person in the household

Support to job transfer and employment creation

Project-affected households (DPs) involved in agricultural production, but not receiving land compensation for their project-acquired agricultural land, are eligible for a cash allowance This allowance ranges from 1.5 to 5.0 times the agricultural land price for the acquired area, in addition to cash compensation at replacement cost The eligible land area for allowance is capped at the provincial agricultural land allocation limit, with the Provincial People's Committee determining the allowance rate based on local conditions.

66 However, the consultation results show that the PAPs wish to receive assistances in cultivation and livestock husbandry activities, job conversion and access to loans

Findings from local authorities, organizations, and household consultations indicate that the subproject's construction has limited impact on PAHs' livelihood sources, including ethnic minorities Nonetheless, monitoring is crucial to track potential impacts on income sources and ensure the restoration of income-generating activities for affected individuals.

Independent monitoring unit and internal monitoring activities need to review and observe these impacts

In cases adverse impacts, identified as resulted from construction of subproject, affect PAHs’ living standard, the following activities/programs are listed below are considered as the subproject’s livelihood restoration program:

 Prioritize employment for qualified persons of both genders during the construction and operation of the Project

ETHNIC MINORITY DEVELOPMENT PLAN AND GENDER STRATEGY

The subproject construction impacts on 288 households, including 249 EM households of which majority are Thai people community The project impacts on permanent as well as temporary land acquisition and this only affect slightly the people’s livelihood During design process, mitigation methods to avoid maximum impacts on production land (especially the people’s rice crop land) were implemented via choosing one best solution for the line, including choosing conductor and route which traverses residential areas the least; therefore, impacts on houses and residential land of people as well as relocation of their houses were mitigated to the greatest extent

The construction of 35kV line and Mai Chau 110kV substation does not bring direct benefits to PAP due to not providing electricity for living or develop production directly Positive impacts of the project are provision of electricity for main construction which causes long-term increasing impacts in general promotion of regional and national GDP

In order to mitigate adverse impacts of the subproject construction on EM PAPs, a legal framework for EM of the project was built and approved in October 2010 According to the regulation, an EMDP need to be built for the project As the DPs of the Project belong to the ethnic minority communities, resettlement activities described above are also a part of the Ethnic Minority Development Plan

Negative impacts of land acquisition, impacts on livelihood, environment as well as the project scale were presented in consultation meeting with PAP and EM PAP, of which nearly 100% of representatives of PAHs participating In-depth interviews with village and family leaders as well as prestigious people in Thai community were conducted in the communes Responses from the consultation and in-depth interviews focus on following main ideas:

 Completely in support the project construction;

 The project causes minor impacts, does not affect the community structure, livelihood as well as worship places and sacred land area of Thai ethnic community;

 Compensation and support in cash, directly payment for PAHs;

 The compensation and support should be conducted once and the compensation activities should be informed soon to people as planned;

 The information dissemination activities can use Vietnamese because people mostly can read, write, listen and communicate directly by Vietnamese

To minimize the impact of land acquisition and construction activities on the indigenous community, the project will adhere to the following guidelines: land acquisition procedures will consider EM cultural practices and customs, and ongoing consultations will be conducted with the community to ensure their involvement and consent throughout the project's lifecycle.

 The project will not agree to land acquisition from ethnic minority peoples if they have not provided their broad support;

 Affected ethnic minorities participate in the preparation of any land acquisition;

 If directly affected by a project, ethnic minorities are entitled to compensation for all lost land and affected assets, incomes and businesses at replacement costs and provided with rehabilitation measures sufficient to assist them to improve or at least maintain their pre-project living standards, incomes and productive capacity;

 Lack of legal rights to assets and access lost or adversely affected will not bar them from entitlement to such compensation and rehabilitation measures;

 Compensation for ethnic minorities, female headed-households, families with the disabled or elderly will be carried out with respect for their cultural values and specific needs

68 Besides, the EMDP and Gender Strategy added a number of specific activities to ensure the project benefits for EMs and women in the project The following activities will be done:

 Consultation meeting on resettlement activities will be held separately with women, female headed households and elderly women;

 The district compensation committees will include representatives from district and commune Women’s Union and women from affected households;

 At the inception of the project, a capacity building training program on resettlement activities will be designed for the women and men commune officials, and women and men from affected households to orient them about resettlement activities Participation of poor women, female headed households and ethnic in the training will be ensured; The training will also include representatives from the Project Management Board, respective line agencies and representatives from commune Women’s Union, Youth Union involved in resettlement committees;

The training aims to empower affected communities with knowledge of resettlement processes and resources Participants will learn about resettlement activities, compensation details and management, grievance procedures, and project impacts on livelihood activities, including agricultural produce and assets This training prioritizes the participation of women and marginalized women, ensuring their equal access to compensation and grievance resolution mechanisms.

 During the conduct of the DMS in the RAP implementation phase, men and women from PAHs will participate in the said activity;

 Livelihood activities will be planned with active involvement of women; need assessment for livelihood activities and skill development of livelihood activities will be conducted separately for women members, poor women, female-headed households, elderly women, ethnic minority women;

 Compensation payment and cash assistance will be given to both men and women from the households; Specific attention will be provided for the poor women headed households, elderly women in paying the compensation on time and developing suitable livelihood activities for elderly and poor female headed households;

 Joint registration of land rights in the names of husband and wife and female headed households will be issued in instances where land is acquired;

 Special measures will be taken in the relocation of elderly, disabled and female headed households Special support will be added

 Disaggregated monitoring indicators by gender will be developed for monitoring of Social benefits, economic opportunities, livelihood program, and resettlement activities

BUDGET ESTIMATE

LEGAL FRAMEWORK (FOR LAND AND ETHNIC MINORITY)

4.1 Policies of the Government of Vietnam

4.1.1 Policies of the Government of Vietnam (Gov) on land acquisition

This section examines the legal frameworks and policies of the Government of Vietnam (GoV) and the World Bank (WB) related to land acquisition, compensation, resettlement, and compares their approaches Due to discrepancies between WB policies and Vietnamese law, the project must exempt specific provisions in GoV circulars and regulations pertaining to compensation, support, and resettlement As a result, the project's policies will guide its compensation, assistance, and resettlement strategy.

 Law on land 2003 issued on 26/11/2003 by Vietnam Assembly stated that “people who are acquired their land will be compensated by land for the same use; if there is no land for compensation, they will be compensated by value of land use right at the time issuing decisions on land acquisition PC of provinces and central cities will edit and implement resettlement projects prior to land acquisition and compensation for houses and residential land for people who are acquired land and relocated their residential places Resettlement locations need to have same or better development conditions than those of old residential places If there are no resettlement areas, the people who are acquired land will be compensated in cash and prioritized to buy or rent houses owned by the State, in cases of urban areas; and will be compensated by residential land, in cases of rural areas In cases land acquisition from households and/or individuals which are in direct production process, but there is no compensating land for continuing production, besides compensation in cash, the people who are acquired land will be assisted to stabilize their lives by being trained to change their production and/or business methods via assignment of new jobs” (Article 42)

 Law on complaints and denunciations are approved on 2 December 1998 by National Assembly

 Law on amending and supplementing a number of articles of the Law on complaints and denunciations are approved on 15 June 2004

 Decree 181/2004/ND-CP of the Government of Vietnam issued on October 29, 2004 guiding the implementation of the Land Law 2003

 Decree 84/2007/ND-CP of the Government of Vietnam dated May 25th 2007 on revision of issuing LURC, land acquisition, implementation of land use right, procedure for compensation, resettlement when land acquired by State and grievance redress

 Decree 197/2004/ND-CP issued on December 3, 2004 on compensation, support and resettlement when land is recovered by the State and is supplemented by the Decree No

 Decree 60/CP issued on 5 July 1994 by the Government of Vietnam regulating land ownership right and land use right in urban areas;

 Decree 61/CP issued on 15 July 1994 by the Government of Vietnam regarding regulations on purchase houses

 Decree 188/2004/ND-CP of the Government of Vietnam issued on November 16, 2004 on methods to determine land prices and assorted land price brackets This decree stated clearly maximum and minimum prices of different land types and categories all over the country

These land prices were established to serve the Government’s land acquisition, tax on changing land use right, renting the state’s land and for national as well as public objectives

Decree 123/2007/ND-CP dated July 27, 2007 on revision and supplementation of some regulations in decree 188/2004/ND-CP

 Decree No 69/2009/ND-CP dated August 13, 2009 by the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement in case of land acquisition, determination of land price, issuing land, renting land, and additional requirements relating to land use right

 Decree No 106/2005/ND-CP dated August 17, 2005 by the Government of Vietnam regulating protection and safety of high voltage system as well as verify necessary Right of way to ensure the safety Certain articles of this decree, which are mainly to increase safe distance from the high voltage lines, are amended by Decree 81/2009/ND-CP dated on 12 October 2009

Decree No 53/2005/ND-CP, promulgated on April 19, 2005, by the Vietnamese government, provides detailed guidance for implementing the Law on Complaints and Denunciations This decree supplements and amends several articles of the original law, ensuring its effective implementation in Vietnam.

 Decision No 52/2012/QD-TTg dated on 16 November 2012 on policy supporting and resolving jobs and vocational training for labours whose agriculture land is acquired

 Circular No 114/2004//TT-BTC dated on 26 November 2004 by Ministry of Finance issuing guideline to implement Decree 188 This circular edited details of the methods (which are direct comparison method and collection method) regarding evaluation of price of different land types and categories in different areas/regions to ensure the placement price

 Circular No 14/2009/TT-BTNMT dated October 1, 2009 by the Ministry of Natural Resources and Environment detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease

Other decisions and policy framework applied for making this policy framework include the followings:

 Decision No 2192/QD-NLDK dated on 30 June 2005 by Ministry of Industry on approval of policy framework of compensation for resettlement, policy framework of ethnic minority development plan and framework guiding environmental evaluation of Second transmission and distribution project

 Policy framework of compensation, assistance for resettlement and life recovery for DPs of Trung Son hydropower project

4.1.2 Policies of the Government of Vietnam on Ethnic minorities

For ethnic minorities, the Vietnamese Government's policies are built based on the respect and equality among ethnic groups, solidarity and mutual assistance among different ethnic groups The application of socio-economic policies for each region, each group taking into account the needs of ethnic minorities is a requirement Socio-economic Development Plan and Socio-economic

36 Development Strategy in Vietnam give special attention to the ethnic minorities The major programs for the ethnic minorities can be listed are the Program 135 (Infrastructure in poor and remote areas), Program 134 (Eliminating temporary houses) Besides, there are also policies on education and healthcare for ethnic minority people

 Resolution No 30a/2008/NQ-CP of government, dated 27 Dec 2008 on support program for rapid and sustainable poverty reduction for 61 poorest districts

 Decree No.70/2001/ND-CP: all documents registering family assets and land use rights must be in the names of both husband and wife

 Decree No 82/2010/ND-CP dated July 20 2010 by the Government on teaching and learning of ethnic minority languages in schools and regular educational centers

 Decision No 42/2012/QD-TTg dated October 8 2012 by the Prime Minister on giving support to units, organizations using employees who are ethnic minority people in the mountainous regions, especially difficult areas

 Decision No 52/2012/QD-TTg dated August 18 2010 by the Prime Minister on using legal assistance policy to raise the awareness and understanding of law of the poor and ethnic minorities in the poor districts in the 2011 to 2020 period

In 2007, Prime Minister Decision No 112/2007/QD-TTg outlined a policy to enhance public services and promote legal awareness in the second phase of the 135 program This policy aimed to provide support for service delivery and legal assistance to improve the quality of life for citizens, contributing to increased legal literacy and understanding.

 Decision No 33/2007/QD-TTg dated March 05 2007 by the Prime Minister on Supporting ethnic minority people in settlement and sedentary farming in the 2007 to 2010 period

 Decision No 01/2007/QD-UBDT dated 31-May-2007 of the Ethnic Minorities Committee on the recognition of communes, districts in the mountainous areas

 Decision No 05/2007/QD-UBDT dated 06-September-2007 of the Ethnic Minorities Committee on its acceptance for three regions of ethnic minorities and mountainous areas based on development status

 Decision No 18/2011/QD-TTg dated March 18 2011 by the Prime Minister on policies on the prestigious people in the ethnic minority groups

 Decision No 06/2007/QD-UBDT dated 12-January-2007 of the Ethnic Minorities Committee on the strategy of media for the program 135-phase 2

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