ETHNIC MINORITIES DEVELOPMENT PLAN (EMDP...
Transcript of ETHNIC MINORITIES DEVELOPMENT PLAN (EMDP...
ETHNIC MINORITIES DEVELOPMENT PLAN (EMDP)
Type of document: Ethnic Minorities Development Plan (EMDP)
BAO LAM 1 HYDROPOWER PLANT INVESTMENT & CONSTRUCTION PROJECT
In Bao Lam district, Cao Bang province
Prepared by: Power Construction JSC, No. 1
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ABBREVIATIONS
AH Affected Household
AP Affected Person
CPC Commune Peoples’ Committee
DMS Detailed Measurement Survey
DPC District Peoples Committee
DRC District Resettlement Committee
EMPF Ethnic Minority Plan Framework
EMDP Ethnic Minorities Development Plan
GOV Government of Vietnam
HH Household
IOL Inventory of Losses
LAR Land Acquisition and Resettlement
LURC Land Use Rights Certificate
MOF Ministry of Finance
MOLISA Ministry of Labor, Invalids and Social Assistance
NGO Non-Government Organization
PPC Provincial People Committee
RP Resettlement Plan
TOR Term of Reference
USD United States Dollar
VND Vietnamese dong
WB World Bank
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GLOSSARY
Affected person /
Affected household
- Means any person, household, firm or private institution who, on
account of changes resulting from the Project, or any of its phases or
sub-projects, will have its (i) standard of living adversely affected;
(ii) right, title or interest in any house, land (including residential,
commercial, agricultural, forest, salt mining and/or grazing land),
water resources or any other moveable or fixed assets acquired,
possessed, restricted or otherwise adversely affected, in full or in
part, permanently or temporarily; and/or (iii) business, occupation,
place of work or residence or habitat adversely affected, with or
without displacement.
In the case of affected household, it includes all members residing
under one roof and operating as a single economic unit, who are
adversely affected by a project or any of its components.
Detailed Measurement
Survey
- With the aid of the approved detailed engineering design, this
activity involves the finalization and/or validation of the results of
the inventory of losses (IOL), severity of impacts, and list of APs
earlier done during RP preparation. The final cost of resettlement can
be determined following completion of the DMS.
Compensation - Means payment in cash or in kind to replace losses of land, housing,
income and other assets caused by the Project. All compensation is
based on the principle of replacement cost, which is the method of
valuing assets to replace the loss at current market rates, plus any
transaction costs such as administrative charges, taxes, registration
and titling costs.
Ethnic minority - People with a group status having a social or cultural identity
Distinct from that of the dominant or mainstream society.
Income restoration - This is the re-establishment of sources of income and livelihood of
the affected households.
Income restoration
program
- A program designed with various activities that aim to support
affected persons to recover their income / livelihood to pre-project
levels. The program is designed to address the specific needs of the
affected persons based on the socio-economic survey and
consultations
Land acquisition - Refers to the process whereby an individual, household, firm or
private institution is compelled by a public agency to alienate all or
part of the land it owns or possesses to the ownership and possession
of that agency for public purposes in return for compensation at
replacement costs.
Relocation
- This is the physical relocation of an AP from her/his pre-project
place of residence and/or business.
Severely affected
households
-
This refers to affected households who will (i) lose 10% or more of
their total productive land and/or assets, (ii) have to relocate;
Stakeholders - Individuals, groups, or institutions that have an interest or stake in
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the outcome of a project. The term also applies to those potentially
affected by a project. Stakeholders include land users, country,
regional and local governments, implementing agencies, project
executing agencies, groups contracted to conduct project activities at
various stages of the project, and other groups in the civil society
which may have an interest in the project.
Vulnerable groups - These are distinct groups of people who might suffer
disproportionately or face the risk of being further marginalized by
the effects of resettlement and specifically include: (i) single-female
headed households with dependents, (ii) disabled household heads,
(iii) households falling under the generally accepted indicator for
poverty, (iv) children and the elderly households who are landless
and with no other means of support.
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TABLE OF CONTENT
SUMMARY ........................................................................................................................... vii
I. INTRODUCTION ................................................................................................... 11
A. Overview of the Renewable Energy Development Project ........................................... 11 B. Bao Lam 1 Hydropower Plant .................................................................................. 12 C. Objectives of the EMDP ......................................................................................... 16
II. LEGAL FRAMEWORK OF THE EMDP ................................................................... 17
A. Legal documents and national policies on the ethnic minority community ..................... 17 B. Policies and programs on ethnic minority community ................................................. 18 C. Policies of World Bank on ethnic minority community ............................................... 19
III. SOCIO-ECONOMIC CHARATERISTICS OF ETHNIC MINORITY COMMUNITY IN
THE PROJECT AREA ........................................................................................................... 21
A. Overview of ethnic minorities in the project are ......................................................... 21 B. Socio-economics characteristics of ethnic minority groups affected by the project ......... 24 C. Gender, gender equality and ethnic minorities............................................................ 26
IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION ................... 29
A. Information disclosure ............................................................................................ 29 B. Community consultation and participation ................................................................ 29 C. Results of information dissemination and Public consultation ...................................... 30
V. ASSESSMENT OF PROJECT IMPACTS TO ETHINIC MINORITIES ........................ 34
A. The positive impact ................................................................................................ 34 B. Negative impacts .................................................................................................... 34
VI. THE MITIGATION MEASURES AND DEVELOPMENT FOR ETHNIC MINORITIES 37
A. The mitigation measures ......................................................................................... 37 B. Maintaining and Promoting Measures ....................................................................... 39 C. The development measures for the ethnic minorities ................................................... 40
VII. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION PLAN .................... 43
A. Institutional Arrangement ........................................................................................ 43 B. Implementation Plan ............................................................................................... 43
VIII. COMPLAINTS AND GRIEVANCE REDRESS MECHANISM ................................... 45
IX. MONITORING AND EVALUATION ....................................................................... 46
A. General requirements for monitoring and evaluation ................................................... 46 B. Monitoring indicators ............................................................................................. 47
X. BUDGET AND DISBURSEMENT PLAN ................................................................. 48
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LIST OF TABLES
Table I-1 Work items and key parameters of Bao Lam 1 Hydropower Plant .......................................... 13
Table II-1 Legal documents of the Vietnamese Government for ethnic minorities ............................... 17
Table III-1 Information on EM in affected area ....................................................................................... 21
Bảng III-2: Effects of land resources of Bao Lam 1 hydropower project ................................................ 21
Table III-3 Education level of HH heads investigated per affected commune ........................................ 25
Table III-4 Information on main income sources of investigated HHs .................................................... 25
Table III-5 Average income of the investigated HHs (VND mil) ............................................................ 26
Table III-6 Monthly average expenditures of investigated HHs (proprotion %) ..................................... 26
Table III-7 General information on gender rate in the affected commune ............................................... 27
Table III-8 Labor allocation in families in terms of gender ..................................................................... 28
Table IV-1 Time, venue and number of participants in commune public consultation meetings ........... 29
Table IV-2 Summary of contents of discussion and opinions at the Public consultation meetings ......... 30
Table IV-3 Concerns of affected community and commitment of the investor ....................................... 32
Table V-1: Negative impacts of Bao Lam 1 hydropower project ............................................................ 35
Table VI-1: Measures to mitigate negative impacts ................................................................................. 37
Table VI-2: Maintaining and Promoting Measures .................................................................................. 39
Table VI-3: The development measures for the ethnic minorities ........................................................... 40
Tabe VII-1: Implementation Progress of EMDP ..................................................................................... 44
Table IX-1: Monitoring indicators in EMDP ........................................................................................... 47
Table X-1: Total funds for implementation of EMDP ............................................................................. 48
ANNEXES
ANNEX 1 LIST OF AHs – BAO LAM HYDROPOWER PROJECT
ANNEX 2 LIST OF HOUSEHOLDS ATTENDED THE MEETINGS
ANNEX 3 CONSULTATION MEETING MINUTES
ANNEX 4 SOME PHOTOS OF CONSULTATION
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SUMMARY
Introduction
1. The general objective of the Renewable Energy Development Project is to support the
development of renewable energy sources producing electricity with lowest costs in sharing with the
national total electricity generation under commercial sustainability and ensuring social and
environmental sustainability.
2. Bao Lam1 hydropower plant is implementing on the side of River Gam, and 500m
distanced from the confluence point of river Nho Que, the capacity of the plant estimated
about 30 MW. All the supply and logistic areas will set up at Ly Bon local - Bao Lam district,
the reservoir supplies water jet to the hydropower plant along to rivers Gam, Que and located
in Ly Bon, Vinh Quang locals of Bao Lam district and Bao Toan locals of Bao Lac district.
3. The construction items of Bao Lam Hydropower Plant No. 1 include daily reservoir
system on the Gam River with capacity of 8.89 million m3; construction cluster including
gravity concrete rolling weir of 28m long, 7m wide; maximum height of 24,5m. Spillway is
arranged in the middle of the main dam and damper door. The spillway has 6 compartments
using flat gates with size of BxH = 15x13,5m, including 6-valve operated by winches and 1
control valve malfunction operated by crane operation, overflow elevation threshold 149,5m.
The total length of the overflow line is 107,5m and 40,5m high, 90m long spillway. Right lane
energy system includes intake, hydroelectric plants, discharge canal and 110 kV distribution
substations. Hydropower plant is equipped with 2 units of Bulb turbines with capacity of
30MW. Plant downstream is arranged with valve malfunction, the size of the waterway is
nxBxH = 2x8,6x8,6m valve, valve gate is operated by electric winch system. 110kV
substation is located on the left bank on the way to the water inlet. Distribution Station area
LxB = 56x31m is planned to be 169 m in elevation. Station is arranged 2 transformers for 2
machine units. Distribution substations connected to the national electricity system with a
wire of 110kV to 110 / 220kV station located around 100m far from Bao Lam hydroelectric
plant.
4. Total suppliment areas is 8,6ha. Of which, the logostic areas covered 7,1ha, functional
areas 0,4ha, office and stationaries 0,5ha, housing 0,6ha. Each areas will provide a certain
fuction following the specific requirements.
5. According to the WB’s safeguard policies on Ethnic minority, the Borrower must execute the
safeguard measures for the ethnic minority as the project has certain impacts on the ethnic minority.
Based on such a basic, this EMDP prepared for the Bao Lam 1 Hydropower Project aims to ensure
that negative and positive impacts have been considered, and relevant measures have also been
proposed to eliminate risks or highly mitigate the impacts of the project on the lives and culture of the
ethnic minority at affected areas.
Legal Framework for the EMDP
6. Vietnam’s Constitutions in 1946, 1959, 1980 and 1992, along with other legal documents
(updated until 2014) related to works and the development strategies for the ethnic minority as well as
the ethnic development policies of the World Bank (WB) – OP4.10 are the important legal foundations
in the preparation of the EMDP for the Bao Lam 1 Hydropower Project; the ethnic minority-related
policies of the local and government as well a WB have been applied in combination with the EMDP
to ensure that the ethnic minority community living around the Bao Lam 1 Hydropower Project is
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consulted and provided with a full of information, and participated in the implementing stages of the
Project, benefits from the Project, and the negative impacts of the Project on culture, economics and
society are highly mitigated.
Socio-economic characteristics of ethnic minority community in the project area
7. Bao Lam district natural conditions and geography: The distict located on West side
of Caobang province, the centre of the district named Pac Miau and 13 locals (Mong An, Thai
Hoc, Thai Son, Nam Cao, Nam Quang, Tan Viet, Yen Tho, Quang Lam, Thach Lam, Ly Bon,
Duc Hanh, Vinh Quang, Vinh Phong). The main road 34 is crossing to the areas, and
from 173 km toward west direction to Caobang province. Total natural areas is 90.294 ha.
The population in the place is 56.694 persons and the people living in high areas covered
about 89% of total population in the areas. The population density is 62 person/km2, in
province level 77 person/km2. Ethnic groups are Tay, Nung, Mong, Dao, Kinh, San Chi, Lo
Lo, Quy Chau.
8. Bao Lac district: Location: west side of the; Main road: No. 34 (100Km from
Caobang centre); Total natural areas: 918.81 km2, Local and sub-locals: Bao Lac, Son Lo,
Dinh Phung, Hung Dao, Huy Giap, Hong An, Xuan Truong, Khanh Xuan, Phan Thanh, Hong
Tri, Co Ba, Bao Toan, Coc Pang, Thuong Ha, Hung Thinh, Son Lap, and Kim Cuc.
9. Hoseholds: 8.905/49550 person (2013), includes 7 ethnic groups: Tay: 13.748 persons
(28,1%), Dao: 11.865 persons (24,25%), Nung: 11.925 persons (23,09%), Mong: 7.608
persons (15,55%), San Chi: 2.355 persons (4.81%), Lo Lo: 1.290 persons (2,63%), Kinh: 412
persons (0,84%), others: 347 persons (0,71%). Population density 53 person/km2, population
growth rate 1,4%. Labour potentian: 24.950 persons (50% total population); Of which, la
50,8% women, trained labours 15%.
10. Agricultural production is main source of income of the ethnic minority community in
the project area, as results of the household survey with 203 interviewees have their incomes
from agricultural production. However, agricultural production has still been in manner of
autarky and no market orientation, thus many households are poor according to the living
standards of the poor as regulated by GOV.
11. In terms of infrastructure and social services, through the GOV’s policy programs of
hunger eradication and poverty reduction, such as program 134, 135, 30A, etc. there are many
funds investing in agricultural production and infrastructure for the households of the ethnic
minorities, thus in recent year the infrastructure has been improved clearly, the households in
the project site have chance to use electricity and radio station, etc.
Information dissemination and community consultation
12. Many consultant meetings and group discussions were held from start in the year 2014
with the participation of stakeholders, especially local authorities and vulnerable households,
to provide households with the full information on the project and activities from initial stage
to operation stage of the project, and to get households’ feedback and comments proposing
measures within the development plan.
13. In the next stage of the project, the dissemination and consultant meetings with local
authorities and households will be held frequently at each important stage or necessary time
of the project.
Assessment of impacts of the project
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14. Bao Lam 1 Hydropower Plant will bring long-term positive impacts on a wide range
of natural and socio-economic environment, including: (i) the supply of electrical energy is
115,7million kWh / year for the country; (ii) contribute to improve the social and economic
life of the people at Ly Bon Commune, Vinh Quang Commune and Bao Toan Commune,
contributing to shorten the gap among communes, promote the process of rural
industrialization in particular and industrialization in general; (iii) during operation process,
the plant will contribute to improve the air environment, flood flow regulation.
15. Construction and operation of the building will also have some negative effects: (i) the
construction flooded and long occupied of 103.91 ha of land planted mostly perennials, land
for rice cultivation, annual crop land and other land; (ii) the reservoir influence 300m gravel
roads from Ly Bon Commune to suspension bridge and 09 households have moved out of the
flood area; (iii) two graves relocated with 162m high from the riverbed.
16. Potential impacts of the project include positive and negative impacts discussed carefully at
the consultant meetings and group discussions among the project implementing partners and relevant
agencies as well as households affected. Basically, there were not seriously negative impacts of the
project on local households’ lives and belief culture as well as manners and customs.
Mitigation and development measures for the ethnic minority
17. For unavoidable impacts are flooding and occupying of 103.91 ha of land, an important
mitigation measure is occupied land compensation and satisfactory and reasonably agro-forestry
products to people. Policy of compensating damages will be prepared on the basis of existing legal
documents by the project manager, adhering to the technical requirements as well as social
requirements (local government, affected people). The project occupies an area of land, including
agricultural land, forest land plant shrubs, grass ..., the project manager and the contractors shall
indemnify the property and crops on land.
18. The construction of Bao Lam 1 Hydropower Plant and the activities of the construction
process, it is difficult to avoid unwanted effects. Therefore, all the positive effects and the negative
effects are studied and discussed to propose mitigation measures to overcome or support ethnic
minority to early stabilize daily life.
Institutional arrangement and implementation plan
19. The implementation of the ethnic minority development plan needs to have a
coordination of organizations and agencies from provincial level to local level and the ethnic
minority community at local. The Client of the Bao Lam 1 Hydropower Project will be a lead
organization and coordination with other implementation organizations. Power Construction
JSC, No. 1 has responsibilities to provide funds for implementing all activities/tasks proposed
in the EMDP and to report to stakeholders.
Complaints and Grievance redress mechanism
20. Complaints and Grievance redress mechanism in this EMDP have been made based on
Vietnam’s laws on complaints and denunciations, consulted with local authorities, the ethnic
minority community and also involving in particular cultural characteristics and traditional
culture mechanisms of the ethnic minority community in the project area
Monitoring and evaluation
21. Proposed measures and implementing timeframe of the EMDP for the Bao Lam 1
Hydropower Project will be monitored closely to (i) ensure the implementing progress of the plan; (ii)
undertake rightly the mitigation measures of the plan; (iii) assess effectiveness of the measures and
propose supplement measures if necessary; (iv) identify potential or generated problems to the ethnic
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minority community during the implementing period of the project; and (v) identify quick response
measures to mitigate these issues.
22. Independent and internal monitoring system, monthly and quarterly monitoring reports will be
submitted to the Project Management Board and World Bank (WB). Independent monitoring agency will
be recruited to implement the independent monitoring, and the independent assessment will be made
annually, except for the beginning period of the project with monitoring requirement of twice per year.
Budget and disbursement plan
23. Total budget of implementing development measures within the EMDP is 132,000,000
VND (approximately US$ 6,286) including the contingency cost of 10%. Implementation costs will be
paid by the Power Construction JSC, No. 1 be responsible to fund for implementing all activities
of the EMDP required.
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I. INTRODUCTION
A. Overview of the Renewable Energy Development Project
24. The goal of the Renewable Energy Development Project is to support the development of the
electricity–generated renewable energy sources with lowest costs to share with the national electricity
network based on the commercial sustainability, and ensuring the social and environmental sustainability.
The project has 3 components: (i) Component of investment project implementation; (ii) Component of
institutional establishment; and (iii) Component of information channel development.
25. Component of investment project implementation consist of (i) Allow commercial banks to re-
borrow funds to provide valid loans for the renewable energy projects with a maximum capacity of 30MW
invested by private investors, and (ii) Technical support to enhance the capacity of the participating banks
and investors of sub-projects in the preparation, appraisal, financing and the implementation of the
renewable energy projects in comply with international practice. This component will be coordinated by
the Renewable Energy and Rural Electricity Project Management Board (PMB) of Ministry of Industry
and Trade. This component consists of two sub-components as follows:
Provide credits to support investment in renewable energy: Provide credits to support
investment in renewable energy: Private investors will establish sub-projects in small
hydropower sectors, wind power and biomass with a maximum capacity of 30MW in
accordance with the criterions of the renewable energy development project including
environmental and social safety standards. Investors commit to contribute equity with at
least 20% of the total investment capital and will make a maximum loan from the
participating banks with 80% of the total investment capital of the subproject.
The participating banks are selected based on competition and will be responsible to
appraisal the valid renewable energy sub-projects under the proposal of investors, and
provide loans for the projects meeting fully requirements of the banks. The participating
banks will allow the sub-projects to make a loan in accordance with the commercial
clauses identified by the market, and be fully responsible to credit risks of the loans.
Valid loans will be refinanced 80% of loan value for the participating banks or 64% of the
total investment value of the sub-projects, meaning that the participating banks will
commit to make a loan of at least 16% of the total investment value in each sub-project’s
budget and investors will contribute equity of 20% total investment capital. After the
letters requesting re-borrow were approved, the participating banks will achieve re-loan
from the renewable energy development project (World Bank – WB) ratified by Ministry
of Finance (MOF). Re-loan from the renewable energy development project will be
sponsored from WB’s capital through the loan of MOF in accordance with the clauses of
WB.
It is anticipated that about 20-25 subprojects will be sponsored through the re-loan
mechanism. When operating, the total design capacity of these projects will be at 210MW
and generate the annual electricity capacity of 880GWh.
Technical Assistance to implement the investment project: The technical assistance of
Component 1 will support the general management of the renewable energy development
project, check validity of the loans and enhance capacity for the participating bank,
investors and other stakeholders. The Project Management Board will manage the
technical support. The technical support will focus on providing investors with necessary
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skill guidelines to identify the feasible projects and prepare the loan-making proposals
from banks through the appraisal and capital loan negotiation.
The technical assistance will also focus on training the ways of establishing feasible
research, optimize design, construction management, operation, maintenance, financial
risk management and consideration of social and environmental safety issues. The banks
will be supported to enhance the understanding of investment risks in the renewable
energy projects, and to monitor the project to ensure safety, and to establish the credit
policies and to appraisal the sub-projects in accordance with these policies. The technical
support will also support the Project Management Board in managing the Renewable
Energy Development Project.
B. Bao Lam 1 Hydropower Plant
1. Legal Base
26. The law of Land use planning issued 2013 by Vietnam Gorvernment, proved by Vietnam
Congress Committy by date 29/11/2013 and effected 01/07/2014.
27. The law of Water Resources Management No. 17/2012/QH13 of Vietnam Congress
committy by date 21/6/2012.
28. The low of Forest protection and development No. 29/2004/QH11 of Vietnam Congress
Committy by date 3/12/2004.
29. The law of Energy issued 2004 by Vietnam Gorvernment 03/12/2004.
30. Decree No.47/2014/NĐ-CP dated 15/05/2014 by the Governement regulating on
compensation, assistance and resettlement when the State acquired land. (Replacement of Decree
No. 197/2004/NĐ-CP) dated 3/12/2004).
31. Decision No. 6620/QĐ-BCT of Vietnam Ministry of Industry-Trade issued on
19/12/2011 reviewing the hydropower plant construction base on river Gam.
32. Decision No. 3336/2009/QĐ-UBND on date 31/12/2009 of Caobang Provincial
community on compensation, resettlement support policies due to hydropower plant construction
in the affecting areas; Decision No. 638 /2011/QĐ-UBND on date 09/4/2011 of Caobang
Provincial community on correction the content of the Decision No. 3336/2009/QĐ-UBND.
33. Decision No. 26/2013/QĐ-UBND on date 27/12/2013 of Caobang Provincial community
on the land use prices, issued by the year 2014
34. Decision No. 891/2011/QĐ-UBND on date 20/5/2011 of Caobang Provincial community
on the compensation prices of crops and aquatic cultivations
35. Decision No.401/2011/QĐ-UBND on date 08/3/2011 of Caobang Provincial community
on the resettlement support policies due to land lost to the affected groups
36. VN-2000 topography map scaling 1/10.000 issued 2003
37. INTERGEO4 Topography map scaling 1/2.000 issued 3/2014
38. The existing land use map scaling 1/2.000 issued by MTV. Ltd. On date 3/2014
39. The legalised document of Baolam Hydropower plant, issued by MTV. Ltd. year 2014.
2. Characteristics of the plant
40. Bao Lam 1 Hydropower plant uses water dynamic of rivers Gam and Nho Que to generate
power. The head sections of the plant are located along the banks of these rivers, closed to main
roads 34 and 4C. The hydropower plant dam is construct at the crossing point of rivers Gam and
Nho Que, 500m from Ly Bon bridge toward to the watershed of the river Ly Bon, Bao Lam- Cao
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Bang. The reservoir of the plant is locate in Vinh Quang, Ly Bon locals - Bao Lam district and
Bao Toan locals -Bao Lac district.
41. The construction items of Bao Lam Hydropower Plant No. 1 include daily reservoir
system on the Gam River with capacity of 8.89 million m3; construction cluster including gravity
concrete rolling weir of 28m long, 7m wide; maximum height of 24,5m. Spillway is arranged in
the middle of the main dam and damper door. The spillway has 6 compartments using flat gates
with size of BxH = 15x13,5m, including 6-valve operated by winches and 1 control valve
malfunction operated by crane operation, overflow elevation threshold 149,5m. The total length
of the overflow line is 107,5m and 40,5m high, 90m long spillway. Right lane energy system
includes intake, hydroelectric plants, discharge canal and 110 kV distribution substations.
Hydropower plant is equipped with 2 units of Bulb turbines with capacity of 30MW. Plant
downstream is arranged with valve malfunction, the size of the waterway is nxBxH =
2x8,6x8,6m valve, valve gate is operated by electric winch system. 110kV substation is located
on the left bank on the way to the water inlet. Distribution Station area LxB = 56x31m is planned
to be 169 m in elevation. Station is arranged 2 transformers for 2 machine units. Distribution
substations connected to the national electricity system with a wire of 110kV to 110 / 220kV
station located around 100m far from Bao Lam hydroelectric plant.
42. Total suppliment areas is 8,6ha. Of which, the logostic areas covered 7,1ha, functional
areas 0,4ha, office and stationaries 0,5ha, housing 0,6ha. Each areas will provide a certain fuction
following the specific requirements.
43. Construction of reservoir mainly relates to clearance of reservoir foundation (biomass,
cemical substances, explosives etc.) before retaining water.
44. Construction of headworks relates to excavating and back filling of soil and stone,
concrete work, slope improvement. Construction of energy route, apart from excavation and
filling work, concrete work, slope improvement, it relates to installation of hydraulic-electric
equipment and electric equipment at water intake.
Table I-1 Work items and key parameters of Bao Lam 1 Hydropower Plant
No. Parameter Unit Quantity
I Reservoir
1 Catchment area Flv km2
10356
2 Average flow for many years Qo m3/s 193
3 Monitoring flood water level (MNLKT)
(flood 0,2%) m 168,01
4 Design flood water level (MNLTK) (flood
1.0%) m 163,75
5 Monitoring flood discharge Q 0.2% m3/s 9346
6 Design flood discharge Q 1% m3/s 6508
7 Normal Water level (MNDBT) m 163
8 Dead water level (MNC) m 160
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No. Parameter Unit Quantity
9 Gross storage capacity Wtb 106 m
3 8,89
10 Useful capacity Whi 106 m
3 3,41
11 Un-used capacity Wc 106 m
3 5,48
II Dam
II.1 Weir dam
1 Top weir elevation m 169
2 Max height m 24,5
3 Crest Length m 28
II.2 Spillway
1 Spillway crest elevation m 149,5
2 Length m 107,5
III Energetic route
III.1 Entrance Canal
1 Bottom level m 148
2 Bottom width m 27,75
3 Length m 160
4 Falling gradient 0.0%
III.2 Hydropower Plant water intake
1 water intake
Top elevation m 169
Crest elevation m 139.14
Number of aperture lỗ 2
Size of repairing valve door (BxH) m x m 9,1 x 9,8
Size of y sewer grates waterway (BxH) m x m 9,1 x 20,26
2 Hydropower Plant
Turbine located Altitude m 144,04
Machine Altitude m 154,44
Assembly Floor Altitude m 154,44
Flood Floor Altitude m 165
Number of Machine Units tổ 2
Installed capacity (Nlm) MW 30
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No. Parameter Unit Quantity
Capacity to ensure frequency 90% MW 3,06
Annual average Output power E0 106kWh 115,7
No. of hours using machine installed
capacity Hour 3889
III.3 Discharge culvert
1 Altitude of the beginning of the canal
bottom m 144,0
2 Bottom Canal Width m 26,5
3 Canal Length m 145
4 Bottom Canal Slope 0,0
III.4 Substation 110kV
1 Voltage level kV 110
2 Altitude of stations located m 169,0
3 Station size (length x width) m x m 56m x 31m
IV Total of Investment Capital
1 Total investment after tax (including
interest)
109 đ 915,418
V The economic indicators
1 - NPV % 146,39
2 - EIRR % 12,5%
3 - B/C 109
1,19
VI The financial indicators
1 - NPV 109 đ 137,42
2 - FIRR % 11,7%
3 - B/C 1,14
45. Bao Lam 1 Hydropower Plant shall generate electricity basing on the basic flow through
the tunnel generic route of the plant and the difference in height of the topographic water column.
During flood season, when daily average flow is higher than design flow, the plant shall operate
at its max capacity (29.6 MW), the redundant water volume shall be freely flow over the spillway
to downstream. During the normal days, the reservoir retains high water level for electricity
generation, and when there is a water need from downstream and if it goes against regulations
definded in this document, such need must be proposed to Ministry of Agriculture and rural
Development (MARD) for review and make decision.
16
C. Objectives of the EMDP
46. OP4.10 policy of WB stipulates the requirements that borrowers must meet to undertake the
sponsoring measures for the ethnic minority in the projects financed by WB. The documents involved in
the targets and application scale, and emphasize the requirements on: (i) process of assessing social
impacts and making a plan; (ii) preparing reports on assessment of social impacts and plan-making
documents; (iii) publishing information and implementing consultation including the agreement of the
ethnic minority vulnerable to the activities of the project selected; (iv) establishing complaint solving, and
(v) monitoring, inspection and reporting. The policy requirements will protect rights of the ethnic minority
maintained, and conserve cultural characters, activities and living environment of the community and
ensure the projects implement necessary measures to protect these rights.
47. The general objectives of the EMDP are to: (i) mitigate and reduce the impacts of the project on
livelihood of the ethnic minority in affected regions; (ii) ensure the project implementation procedure and
promote the human-right respectability, original cultural characters, the variance of ethnic minorities in
the regions affected by the project, and record the demands and aspirations of local people; (iii) find-out
the impacts of the project on the ethnic minorities and how to prevent or mitigate potential negative
impacts; (iv) ensure implemented benefits to be suitable to cultural aspects; (v) ensure the affected
communities to be consulted issues related to potential impacts and mitigation measures, and they may
join fully the making-decision procedure, implementation and monitoring, and (vi) make a particular
implementing plan with limited time; arrange budget and institution, establish roles and responsibilities of
various agencies in implementing, monitoring and inspecting all activities required in EMDP.
48. Therefore, the EMDP aims (i) record the previous consultation process and disseminate
information to the minority living in the regions affected by the project and mitigation measures in the
resettlement plan (RP) and EMDP in the project implementing period, and expressing the extensive
support of the community;(ii) Find out the implementation and consultation framework to undertake
EMDP; (iii) Establish the general measures to reduce or solve the impacts of the project in the ethnic
minority community sponsored through RP and EMDP; and (iv) Make budget to manage the potential
risks and the project impacts that were anticipated in the implementing stage.
17
II. LEGAL FRAMEWORK OF THE EMDP
A. Legal documents and national policies on the ethnic minority community
49. Constitution of the years 1946, 1959, 1980 and 1992 regulated that “The State implements policy
of equality, solidarity, mutual assistance among ethnic groups, creating conditions for the groups develop
in a civilized society, and respect for the interests, culture, traditions, language and customs practices of
the groups”.
50. National legal framework was updated in 2014 with a number of documents relating to works of
ethnic minorities and legal supporting policies to strengthen the legal awareness of ethnic minorities,
particularly in poor districts. The legal documents are specified in Table II.1 as follows.
Table II-1 Legal documents of the Vietnamese Government for ethnic minorities
Year of
issue Reference number and content of text
2013 Decision No. 2356/QD-TTg dated 04/12/2013 of the Prime Minister on issuing the
Action Plan implementing the strategy of ethnic minority work until 2020.
2013 Decision No. 449/QD-TTg dated 03/12/2013 of the Prime Minister on approving the
strategy of ethnic minority work until 2020.
2011 Decree No. 05/2011/ND-CP on the works of ethnic minorities. This decree describes
the activities of ethnic minority works to ensure and promote equality, unity and
mutual assistance for mutual development and respect and preserves the characters
of ethnic minorities living within the territory of Socialist Republic of Vietnam.
2010 Decision No. 52/2010/QD-TTg of the Government on the legal aid policy to increase
awareness and understanding about laws on poor ethnic minorities in the poor
districts in the period of 2011-2020.
2010 Government Decree No. 98/2010/NĐ-CP dated 21/09/2010 regulating detailed
implementation of some articles of Law on Cultural Heritage and Law on Amending
and supplementing a number of articles of Law on Cultural Heritage.
2009 Decision No. 236/QD-CEM dated on 30/07/2009 by the Committee for Ethnic
Minority Affairs on establishing Research and Development Board for programs of
socio-economic development in the period of 2011-2015 for most difficult
communes, villages / hamlets in the mountainous and ethnic minority regions.
2008 Decision No. 1048/QD-People's Committee of Thanh Hoa province on
compensation costs for assets damaged.
2007 Decision No. 112/2007/QD-TTg dated on 20/7/2007 on policies of supporting
services, improving and increase people's living standards, legal assistance to
improve legal awareness in the program 135, phase II.
2007 Decision No. 33/2007/QD-TTg dated on 5/3/2007 of the Prime Minister on policy
supporting immigration and implementing resettlement for ethnic minorities in the
period of 2007-2010.
2007 Decision No. 01/2007/QD-CEM of the Committee for Ethnic Minority Affairs isued
on 31/5/2007 on the recognition of mountainous communes and districts.
18
Year of
issue Reference number and content of text
2007 Decision No. 05/2007/QD-CEM of the Committee for Ethnic Minority Affairs
issued on 6/9/2007 on the recognition of three ethnic minority regions and
mountainous areas based on development levels.
2007 Official Circular No. 06 of the Committee for Ethnic Minority Affairs dated on
20/9/2007 on guidelines of implementing levels of service support, improving and
increasing the people’s living standards, legal aids to raise law awareness under
Decision 112/2007/QD-TTg.
2007 Decision No. 06/2007/QD-CEM of the Committee for Ethnic Minority Affairs
issued on 12/1/2007 on the communication strategy for the program 13, phase II.
2007 Decree No. 84/2007/ND-CP of the Vietnamese Government about additional
regulations on granting of land-use right certificates, land acquisition,
implementation of land use rights and procedures for compensation, resettlement
support when the State acquires land use and resolve land-related complaints.
2007 Decree 123/2007/ND-CP on amending and revising some articles of Decree
188/2004/ ND-CP dated on 16/11/2004 about methods of determining land prices
and range of lad prices.
2001 Decree No. 70/2001/ND-CP: all registration documents of family assets and land use
rights must be recorded with names of both husband and wife.
2001 Law on Cultural Heritage No. 28/2001/QH10 dated 29/06/2001
1998 Decree No. 59/1998/ND-CP dated on 13/8/1998 of the Government on defining the
functions, tasks, powers and organizational structure of the Committee for Ethnic
Minority Affairs.
B. Policies and programs on ethnic minority community
51. The application of social and economic policies suitable to each region, each ethnic group, with
attention to needs of ethnic minority groups, is required. Below present the detail of policy for Ethnic
Minority as follow:
Policy on settlement and resettlement: Decision No. 138/QĐ-TTg (year 2000), the
resettlement projects have been incorporated into 135 program. Decision No.
33/2007/QĐ-TTg on supporting on immigrants and resettlement for Ethnic minpority
people for the stage of 2007 – 2010..
Policy on supporting to arrange the residential and productive land, house and clean
water supply for poor Ethnic Minorirty. For implementing the Decision No.
134/2004/QĐ-TTg, there are 03 Decisions approved by Prime Minister, 03 Ministry letter
accompany. Following important decisions are Decision No.146/2005/QĐ-TTg and
decision No. 57/2007/QĐ-TTg on land acquisition of forestry and agriculture land fro
assigning land to poor Ethnic Minority People.
Loan policy for Ethnic minority: Decision No. 32/2007/QĐ-TTg on loans for production
development for Ethnic minority households. Decision No. 126/2008/QĐ-TTg on
amending some articles of decision No. 32/2007/QĐ-TTg. In addition, poor Ethnic
19
Minority People can borrow with low interest according to decision No. 31/2007/QĐ-
TTg.
Education and trainng policy for ethnic minority pupils: The Government has issued 02
Prime Minister’s Decrees, 11 Decisions and Ministerial guidelines. Notably, the Decree
No. 134/2006/NĐ-CP on regulating the mobilization to the education office at university
level, colleage, under national education system. Decision 267/2005/QĐ-TTg and
decision No. 82/2006/QĐ-TTg on policy and vocational training for EM students and
adjustment scholarship and social support for EM pupils, students who study in pulic
schools. For poor pupil and students, credit and loan policy have been applied for
studying according to the Decision No. 157/2007/QĐ-TTG.
Cultural and information policy for EM: Impleming the Decision No. 975/2006/QĐ-TTg,
Decision 2472/QĐ-TTg of year 2010 on providing the newspaper, magazine for EM and
mountainous. Decision No. 124/2003/QĐ-TTg on approval the scheme on conservation,
development the Ethnic culture in Vietnam upto 2020
C. Policies of World Bank on ethnic minority community
52. To ensure the development period of all aspects related to human dignity, human rights and
cultural characters of the indigenous peoples. More specifically, is to ensure that the indigenous peoples
are not affected negatively in the development process and they receive benefits that are suitable to their
culture. The World Bank has developed, updated and issued the enforcement policy "OP 4.10 - Indigenous
Peoples", to apply for all projects funded by the World Bank, which have certain influences on indigenous
peoples.
53. According to the policy OP 4.10 of World Bank, the proposed projects which is to be financed by
the World Bank and have certain influences on ethnic minority must follow-up the steps as follows:
Screening to determine whether there are ethnic minorities living there or have any collective
attachments to the project sites or not;
If ethnic minorities are living in, Social assessment will be conducted to determine positive and
negative potential impacts of the project and to revise the design of the project to mitigate
negative impacts and increase positive benefits;
The previous consultation process, households are provided full of information and freely
participate in the affected ethnic minority community to determine opinions of ethnic people
about the project and to assert whether the project receive the extensive support from the
community or not;
Ethnic minorities development plan (EMDP) will be prepared in consultation with the
community, drafting benefits that the community will receive from the project and the ways of
how to minimize adverse impacts; and Publishing extensive information on the plan.
54. The regulations above aim at making favorable conditions for the ethnic minority groups adapting
to opportunities, meaning that is to participate in designing the project activities that have significant
impact on them; and to ensure that opportunities for these ethnic groups are included suitable benefits of
culture, manners and customs; and to ensure that any negative impacts of the project must be eliminated or
if not they must be mitigated and minimized.
20
55. The term “Indigenous Peoples” in the OP 4.10 of World Bank is used in a generic sense to refer
to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying
degrees:
Self-identification as members of a distinct indigenous cultural group and recognition of this
identity by others;
Collective attachment to geographically distinct habitats or ancestral territories in the project area
and to the natural resources in these habitats and territories;
Customary cultural, economic, social, or political institutions that are separate from those of the
dominant society and culture; and
An indigenous language, often different from the official language of the country or region.
56. In the process of preparing the EMDP for the Bao Lam 1 Hydropower Project, policies on ethnic
minorities issued by the Government, the World Bank, and the local authorities has been applied in
combination with the EMDP is to ensure that the ethnic minority community under the Bao Lam 1
Hydropower Construction has been consulted and provided fully information, and joined the construction
implementation phases, and achieve benefits from the construction, and the negative impacts on cultural,
economic and social issues are minimized.
21
III. SOCIO-ECONOMIC CHARATERISTICS OF ETHNIC MINORITY COMMUNITY
IN THE PROJECT AREA
A. Overview of ethnic minorities in the project are
1. General introduction
57. The serving areas to the Bao Lam hydropower plant will take around 103,91 ha, 203
household/3 locals should be re-alocated following a resettlement project (Ly Bon local and Vinh
Quang local – Bao Lam district; Bao Toan local – Bao Lac district).
Table III-1 Information on EM in affected area
District Commune Hamlet Ethnic group (HHs)
Total Tay Nung Dao HMong
Bao Lam Ly Bon
Na Khang 13 1 14
Na Pung 67 1 68
Na Mat 59 2 3 64
Tong Ac 33 3 1 37
Vinh Quang Na Tom 1 4 12 17
Bao Lac Bao Toan Na Roa 2 1 3
Total 175 11 1 16 203
58. The total number of people moved with altitude of 163m (survey data 2/2014) is 9
households, 36 families (Tay, Nung) in Ly Bon commune.
59. Existing lake land use corresponding to the altitude (Investigation Figures in February
2014) including a total area of 103.91 hectares of land flooded; in which: 4,05ha land for growing
rice, crop land 20,04ha, other perennial land 12,95ha, another 65.94 hectares of land, residential
land 0,93ha. (Table III- 2):
Bảng III-2: Effects of land resources of Bao Lam 1 hydropower project
No. Commune Flooded
Area
Agricultural Land
Residential
Land
Other
perennial
land
Other
Land Total
Land for
01 rice
crop
Crop
Land
1
2
3
Ly Bon
Vinh Quang
Bao Toan
87,91
7,68
8,32
19,28
3,03
1,78
3,78
0,10
0,16
15,49
2,93
1,62
0,93
11,95
0,37
0,63
55,76
4,28
5,91
Total 103,91 24,09 4,05 20,04 0,93 12,95 65,94
1.1. Ly Bon Commune
60. Ly Bon Commune is located in the north of Bao Lam District, covers an area of 117.95
km² and population in 2013 was 4060, the population density reached 34.4 persons / km².
22
People's life is still difficult, not yet apply scientific and technical advances in production and
mainly rely on the support of state investment. Daily cost is mainly self-sufficient.
61. Ly Bon commune is divided into 18 villages: Ban Bang, Khuoi Man, Khuoi Bon, Phieng
Pen, Khuoi Vin, Na Mau, Na Khoang, Na Mat, Na My, Na Pong, Na Tong, Pac Pha, Pac Pet, Pac
Ra, Phieng Dam, Phieng Lung, Pac Ruoc, Tong Ac. In which, there are 4 villages affected by the
hydropower plant reservoir Bao Lam 1: Na Khang, Pung Na, Na Mat and Tong Ac.
62. Apart from the area of land and crops affected, Ly Bon commune is necessary to support
to resettlement interspersed 9 households and 36 families (Tay, Nung).
1.2. Vinh Quang Commune
63. Vinh Quang commune located in the northeast of Bao Lam commune covers an area of
56.27 km² and a population of 4,108 people in 2013, the population density is 73 people / km².
People's life is still difficult, small production, not yet applicable scientific and technical
advances in production and mainly relies on the support of state investment. Daily cost is mainly
self-sufficient.
64. Vinh Quang commune is divided intoVillages: Ac E, Ban Cai, Dong Ken, Khau Cuom,
Na Luong, Khuoi Nay, Khuoi Ro, Ban Mieu, Na Hien, Na Lau, Na Nga, Na Phiao, Na Piao, Na
Tom, Nam Lan, Pac Doa, Phieng Ru, Thieng Na Ban Chang, Nam Uon, Khau Sang, Coc Tem. In
which, 1 village is affected by the hydropower plant Bao Lam 1 is Na Tom village with 17
households affected mainly to agricultural land, and other land.
1.3. Bao Toan Commune
65. Bao Toan commune is located in the west of Bao Lac District with area of 66.81 km² and
population of 2,635 people in 2013, population density reached 39.4 persons / km². People's
living condition is poor, small production, not yet applies scientific and technical advances in
production and mainly relies on the support of state investment. Daily cost is mainly self-
sufficient.
66. Bao Toan Commune is divided into 10 villages: Coc Chom, Coc Lung, Khuoi Boc, Khuoi
Pet, Khuoi Rap, Ban Lung, na Roa, Na Siem, Pa Tan, Ban Rung. In which, one village being
affected villages by Bao Lam hydropower plant is Na Roa village with 3 households mainly
affected on agricultural land.
2. Ethnic composition of project area
67. According to the survey results for damage to the affected households in Bao Lam 1
hydropower project (Table III- 1), the ethnic composition includes 4 ethnic minorities: Tay,
Nung, Dao and H'Mong.
2.1. Tay Ethnic
68. The Tay is one of the 54 ethnic groups in Vietnam, 2nd populous in Vietnam after the
Kinh, living in all 63 provinces and cities but mainly reside in the midland and northern
mountainous provinces (1.400.519 people). Tay people in Cao Bang with 207.805 people,
accounting for 41.0% of the provincial population and 25.2% of the Tay in Vietnam (according to
census of population and housing in 2009).
69. The Tay stays mainly rely on agricultural production. They grow rice, corn, sweet
potatoes, vv. Villages of the Tay are often in the foothills or along streams. The name is often
23
named for the hills, the fields or the river. Each has between 15 and 20 rooftops. Large villages
are splited into smaller groups.
70. Then sing and sli sing are used for other purposes, the popular folk category of the Tay.
Musical instruments such as elasticity and oscillate. Elasticity instrument is presented in all the
cultural activities of the Tay as soul in the Tay folk art. Until now, Elasticity instrument plays
role as a cultural communication media.
71. The Tay has been in Vietnam very early, possibly from the second half of the first
millennium BC. They have a tradition of working in water field, from the oldest known intensive
and apply irrigation measures such as digging ditches, setting gutters, taking irrigation water.
72. Agricultural products have all kinds such as rice, maize, potato, cassava and vegetables...
The kinds of fruits are like pear, apple, plum, tangerine, famous delicious kaki. The people also
grow industrial crops such as such as tobacco, chaffy, salmon and tea.
73. The Tay has rich and diverse craft. All men and women are aware of knitting items by
spring, Bamboo basket, baskets... Producing bricks, tiles, lime is in many places. Producing
vegetable oil for food and light is also common. The fuel distilled is a long traditional trade of the
Tay. The Tay themselves made fabric to sew dresses, make towels, blankets… Many areas weave
brocade, silk and silkworm very nice. Forging trade has been in many places to make agricultural
tools such as plows, hoes, shovels, knives…
74. In the economic development trend of integration today, to preserve the cultural identity
of the Tay with other ethnic groups like retaining the traditional costumes, cultural activities at
the wedding, funeral, the festival is not easy. The preservation and promotion of ethnic cultural
activities and features require a consistent policy to help the ethnic groups understand and be
aware of precious capital of the nation, with the consciousness through generations. Only by
doing so, we can avoid losing their ethnic identity, which many nations are now facing.
2.2. Nung ethnic
75. Nung Ethnic concentrated in the northeast of the Northern provinces such as Lang Son,
Cao Bang, Bac Kan, Thai Nguyen, Bac Giang, Tuyen Quang, etc. (accounting for 84%).
According to the Census of Population and Housing 2009, the Nung in Vietnam has a population
of 968.800 people holding the position of the 7th large population in Vietnam.
76. Food of the Nung is rice and maize. They combine farming in the areas along the streams
and growing dry rice on the hill slopes. Nung also grow many crops, perennial fruit crops such as
citrus, kaki ... Anise Tree is the most precious trees of the Nung, annually brings significant
resources. The most common handicraft trade is weaving, followed by carpentry, weaving and
forging, ceramics. The famous festival attracts many people at different ages is called “Lung
Tung” to be held in January every year.
77. The Nung have a treasure of rich folk culture with folk songs like Then sing, sli sing.
78. The Nung usually stays in House on stilts and a half of land half the floor; in which House
on stilts is the traditional home-style favorites. Houses are usually quite large, with three
compartments, usually wooden wall and tiled trough, but the land is now common.
79. In fact, the group of Tay ethnic, Nung ethnic and Thai ethnic in Vietnam differ only a
little about how to dress and how to build homes, the culture is completely similar.
24
2.3. Dao Ethnic
80. The Dao ethnic is one of minorities of Vietnam's 54 ethnic groups with a population of
751,067 people (2009). In Vietnam, Dao ethnic’s population is not many but their villages spread
in the northern mountainous regions (Cao Bang, Ha Giang, Lao Cai, Yen Bai, Lai Chau, Tuyen
Quang, ...) to some midland provinces such as Phu Tho, Vinh Phuc, Hoa Binh and Quang Ninh.
The Dao is divided into different groups, with particular focus on customs that expresses the most
clearly on their outfits such as Dao Do, Dao Quan Chet, Dao Thanh Y, Dao Ao Dai, Dao Quan
Trang, ... Although, they have many different groups, their language is unified to ensure the
relationship between the communities of the Dao.
81. They have a tradition of worship their ancestors called Ban Ho. We can identify and rank
their line through the middle name of the Dao. Funerals of the Dao is made according to ancient
custom. Some villages have the custom of cremation area for the dead aged 12 years or older.
Custom of living at one’s in-laws is for a definite time and permanent.
82. Basically, the Dao has 3 types of living houses has three main types of housing: land
house, house on stilts and a half of land half the floor (the Dao in Yen Bai) and half land half
floor (the Dao in Ta Phin, Sapa - Lao Cai). House of the Dao is different and another extremely
important factor is living space. Because the difference between the houses of the people of our
country mainly focused on two factors, and other factors are secondary.
2.4. H'Mong Ethnic
83. Popupation: more than 558,000 people. Habitat: living mostly in the mountainous areas of
Ha Giang, Tuyen Quang, Lao Cai, Yen Bai, Lai Chau, Son La, Lao Cai, Nghe An.
84. Customary practices: by ethnic group on their own. Headman often deal with the
problems in the village. Youth, boys and girls of Hmong finds spouses themselves. Marriage with
the family is not allowed. Lives of the Hmong is quite harmonious, no divorce (very rare)
85. 33. Culture: Hmong language is under Hmong-Dao group. New Year's Day of Hmong
(New Year festival) is celebrated on March 12. They do not eat green vegetables for 3 day
festival. H’mong musical instruments include pan (made of tube pan) and jew’s harp. After the
harvest season and to welcome spring, boys and girls in the village used to play jew's harp to
express their love to their partners.
86. Costume: Hmong people usually wear clothes made of linen. Women often wear skirts,
jacket not buttoned in front, with embroidery on the back, a front apron and leggings worn.
87. Economics: Hmong people live mainly rely on shifting cultivation. They usually grow
rice and corn on the terraces. Their main food crops are maize, rice, and black rye. In addition,
they also grow medicinal plants and flax for weaving.
B. Socio-economics characteristics of ethnic minority groups affected by the project
1. Affected households are ethnic minority in socio-economic survey
88. According to IOL, all 203 affected HHs are ethnic minorities, so socio-economic survey
has been done on 100% of the HHs. The result shows that 3 HHs in communes of Bao Toan (Bao
Lac district), 3 HHs in communes of Vinh Quang (Bao Lam district) and 183 HHs in communes
of Ly Bon (Bao Lam district).
2. Occupation and income
25
89. The results from almost investigated HHs have limited education and this causes certain
impact on the HHs’ lives, occupation and income. Out of 203 investigated HHs, 105 HHs
(51,72%) have never gone to school or have not finished primary school, 87 HHs (42.86%) have
finished primary school, 11 HHs (5.42%) have finished secondary school.
Table III-3 Education level of HH heads investigated per affected commune
Education level
Ly Bon Vinh Quang Bao Toan
HHs % HHs % HHs %
Illiterate/not finished
primary school 102 55,74% 2 11,76% 1 33,33%
Finished primary
school 73 39,89 12 70,59% 2 66,67%
Finished secondary
school 8 4,37% 3 17,65% - -
Finished high school - - - - - -
Vocational training - - - - - -
College/ University - - - - - -
Total 183 100% 17 100% 3 100%
90. The ethnic minority HHs in the project area have main income from agriculture
production. This can defines through actual investigation that 188 HHs (92.61%) out of 203 HHs
interviewed have their main jobs in agriculture production and only 15 HHs (7.39%) have their
income from working as workers. Table III-3 describes details of main income of ethnic people
who are affected by the project.
Table III-4 Information on main income sources of investigated HHs
No. Main income Ly Bon Vinh Quang Bao Toan Total
1 Agriculture 168 17 3 188
2 Breeding - - -
3 Shop keeper - - -
4 Workers 1 - 1
5 Officers 14 - 14
6 Working in private sector - - -
7 Getting support - - -
8 Housewife job - - -
9 Others - - -
Total 183 17 3 203
91. Products are for the needs of families but not in form of goods or commodities so HHs
income is very low. Table III-5 below provides detailed information on average income of
investigated HHs in the affected project communes.
26
Table III-5 Average income of the investigated HHs (VND mil)
No. Commune Below 1 mil. 1. mil. to 1.5 mil. Above 1,5 mil. Total
1 Ly Bon 168 4 11 183
2 Vinh Quang 17 17
3 Bao Toan 3 3
Total 188 4 11 203
92. Within total monthly income of HH, key expenditures are for food and daily living
activities, which are accounted for 46.78% to 53.22%. The rest of 46.78% to 51.80% are for other
purposes such as health care, education and others. Detailed as in Table III-5 below.
Table III-6 Monthly average expenditures of investigated HHs (proprotion %)
No. Monthly expenditure Ly Bon Vinh Quang Bao Toan
1 For food and daily living activities 53,22 48,2 49,15
2 Health care 18,27 21,31 22,15
3 Education 14,35 15,35 16,2
4 Others 14,16 15,14 12,5
Total 100,00 100,00 100,00
93. Because the project affected area lies in high mountainous region, all investigated HHs
(100%) informed that their main water sources for daily living activities are from canyons.
Regarding to HH’s sanitary accessories, most of the affected HHs (79.60% or 162 HHs) do not
use toilet. Only 41 HHs (20.40%) informed that they have temporary toilets. Most of the affected
HHs need health care services from commune medical center for treatment of normal and not
severe diseases.
94. The power networks in the place are the main serve energy to the local person. Cooking
energy are come from forest product (woods, tree branches) and peat
C. Gender, gender equality and ethnic minorities
From table III-6 below it shows that male/female rate in the project affected communes is not as
high as in other ethnic minority regions. In three affected communes, the population is 10,803
people in which 5,612 people are female (51.95%) and 5,191 people are male (48.05%).
However, grade of participation in socio-economic activities, work assignment between men and
women, access of each gender to resources and interests, view points within each ethnic group on
standard value and dignity of the women and men are entirely originated from culture of the
certain ethnic group. Therefore, this gender relation is very diversified and in many forms
amongst communities
27
Table III-7 General information on gender rate in the affected commune
No. District/commune Population Rate (%)
Total Male Female Total Male Female
1 Ly Bon 4060 1925 2135 100.00 47.41 52.59
2 Vinh Quang 4108 2010 2098 100.00 48.93 51.07
3 Bao Toan 2635 1256 1379 100.00 48.35 51.65
Gender equality of ethnicity in education
95. Existing education status in the affected communes, number of female children (aged
from 15– 17) go to school much lower than male children. Rate of ethnic school children giving
up school education is high. It is because of pre-school education system is poor, not well
prepared for children to make them able to speak Vietnamese to follow national common
education program. For H’Mong group, child marriage practice is a barrier that makes them early
leave school. Under difficult economic condition of the family, inspite of government policy on
exemption of school fees, other costs for their study still is economic burden and so school girls
have to leave school earlier to work and help family. There is different rate of people who can
write, read and speak common language between H’Mong people and Tay people, where more
Tay women can write and speak common language than more.
Gender equity of Ethnic groups in medical treatment
96. There is a difference in level of medicine service access between enthic women who live
in a vey high mountainous region and those who live in lower highland region where it is much
more convenient. For Tay, Dao women, they have more advanced awareness. Ethnic minority
women in general are benefited from medical insurance certificate issuance program but they do
not take this advantage to have their health checked in state medical centers because of being
afraid of cultural issue relating to gender and Vietnamese language ability.
Gender equity in working and jobs
97. Ethnic people, particularly ethnic women have fewer opportunities to develop their
economy (87% of rural ethnic women do farm works for families). They have to take
responsibilities of working on and tilling terrace field, breeding poultry, home bred-animal and
livestock and taking care of kids etc. Their education access limit is one of the main causes that
limit their opportunity to non-agriculture jobs. Ethnic women are entiled to a lot of priority
policies by the government such as assistance in credit, assistance in breeding animals and
variety, but as a result of limited knowledge and being unable to make technical methods learnt
from hamlet workers into practice of production. Therefore, labor productivity is low, even worse
home-bred animal and poultry get dead because of getting cold and epidemic diseases etc.
Gender equity within family and land use right and property
98. Family assets is possessed, managed and decided by the men. Traditional regulations on
roles of men in a faminy in worshiping parents and ancestors in patriarchy society create gender
unequity to women.
99. Labor allocation within a family in ethnic group still appears gender discriminatory
treatment. Work for men are often considered as “heavy duties”, “technical required dutites” and
diplomatic relationship while work for women are often “simple”. (Table III-7).
28
Table III-8 Labor allocation in families in terms of gender (person)
Work to be done apart from house works Both male & female Male Female Total
Farming 166 17 20 203
Gradening 150 20 33 203
Cutivating on hill field 40 - - 47
Working in factory - 1 - 1
Forestry 152 15 36 203
Breeding - - - -
Small scale business
House work Both male & female Male Female
Taking care of babies 105 98 203
Cooking 53 30 120 203
Participating in public and social work Both male & female Male Female
Participating in public consultation meeting 130 73 203
Participating in making decision 80 85 38 203
Joining in local organisation 30 105 68 203
29
IV. INFORMATION DISCLOSURE AND COMMUNITY CONSULTATION
A. Information disclosure
100. According to the World Bank policy on EM, Power Construction JSC, No. 1 together with
the consulting team and the District Compensation and Resettlement Councils in the project area have
jointly worked together to disclose the information on the approved policy framework on EM and
resettlement, Resettlement Action Plan and Ethnic Minority Development Plan approved by Ministry of
Industry and Trade (MOIT) and the World Bank, relevant information of project and expected schedule to
implement so local authorities and affected community can be known project information.
101. Community consultation should be held several times to disseminate information and introduction
to the project to the affected people, EM communities in the project area. As soon as getting approval of
WB and MOIT, RP report and EMDP report shall be translated into Vietnamese to make it easier to read
and understand; also help implementation of EMDP and application of compensation and resettlement
policies to affected people in a more convenient manner. List of land affected HHs who lost land and
property on land with compensation payments shall be indicated clearly. EM community and the affected
people are thoroughly informed about the EMDP and RAP, including: (i) the contents in the community
meetings on the works, working schedules, site clearance plan and construction plan, (ii) Detailed
Measurement Survey (DMS), (iii) list of official and eligible affected people and their rights, (iv)
compensation volume and rates, (v) payment of compensation and other support, and (vi) other issues
such as income restoration programs for the affected people, grievance mechanism, monitoring and
evaluation etc. The related notice and documents must be posted publicly at the offices of the affected
communal people committee and/or cultural houses/public places. The project information books (PIB)
must be distributed to the affected households and are made available in the communal people
committees’ offices and the village cultural houses.
B. Community consultation and participation
102. During the preparation of this EMDP, several consultation meetings with EM communities have
been organized in June 2014 to discuss and evaluate the impacts as well as propose the mitigation and EM
community development measures and make sure that the feedbacks from the local EM communities are
presented in the EMDP (Minutes of the meetings and list of participation are attached in the Annexes 2
and 3). The pictures of the consultation meetings are shown in the attached Annex 4.
Table IV-1 Time, venue and number of participants in commune public consultation meetings
No. District/commune Time Venue
Number of participants
Total Male Female
I Bao Lam district 200 120 80
1 Ly Bon 10/7/2014 CPC meeting hall 183 110 73
2 Vinh Quang 9/7/2014 CPC meeting hall 17 10 7
II Bao Lac district
3 1 2
1 Bao Toan 8/7/2014 CPC meeting hall 3 1 2
Total 203 121 82
103. Instruments used in public consultation included organization of meetings, interviews to
individual and group discussion. People from affected hamlets were ready to discus and share
30
information. Women and youngsters were invited to participate and encouraged to contribute
their ideas, especially ethnic groups in affected communes were consulted. Ethnic groups in
project area also had their representative organizations to connect with Women’s association,
Farmers’ Association, Commune and Hamlet Youth Association.
C. Results of information dissemination and Public consultation
104. Public consultation meetings on RAP and EMDP between representative of Power
Construction JSC, No. 1 and consultant team and local communities were held during potential
damage survey process. Below are comments and opinions of the ethnic people with their desires
on Bao Lam 1 Hydropower Plant.
Table IV-2 Summary of contents of discussion and opinions at the Public consultation
meetings
No. District/
commune Feedback from people Focus group discussion
I Bao Lam
1 Ly Bon
- Local people agreed with the
implementation of the project.
However, if they lose large area
of their land, satisfied
compensation is needed, no
mistake in compensation.
- If they lose production land, the
investor is requested to take
detailed survey with withness of
relevant parties and provide
correct, sufficient compensation.
They wish the project on
constructing a road for them.
- Mine explosion during
construction is requested to
provide advance warning so that
the people can avoid for safety of
their lives and animals.
- Hydropower plant project will effect
to 300m gravel road from the Ly
Bon office to suspension bridge.
- Hamlet people wish to receive
satisfied, appropriate compensation
so that they can use the money for
purchasing land in other place for
their production. Or to reclaim virgin
land on wild hills for production.
- During construction and operation of
the plant, the investor should provide
jobs for local people.
- One new road shall be constructed
during construction and operation of
the plant.
2 Vinh
Quang
- The people agreed and support
the project implementation as
they will be benefited from the
project and having electrictcity
for lighting.
- Compensation need to be done in
satisfactory manner on land price
- During plant construction and
operation, the investor is requested
to give priority to affected people to
get jobs in the plant.Trong quá
trình thi công vận hành nhà máy
chủ đầu tư nên ưu tiên cho người
dân khu vực bị ảnh hưởng được
31
No. District/
commune Feedback from people Focus group discussion
and crops, trees on land
- Mine explosion during
construction is requested to
provide advance warning so that
the people can avoid for safety of
their lives and animals.
làm việc tại nhà máy.
- Every year, the state holds trainings
on breeding, cultivating, gender
equity, protection and prevention
fron diseases funded by the
government and non-government
organizations in the area. So the
people wish their products to be
circulated and comsumed.
- When detailed measuring survey is
taken place, there needs
representation of the hamlet heads
and representatives from CPC to
know the axact area of further
acquired land as at rainy season land
slide and erosion may occur.
II Bao Lac
1 Bao Toan
- The people agreed with and
support the project
implementation.
During detaile measurement, the
people whose field is affected
need to be informed to withness
- If their irrigation cannel system is
damage due to the project
construction, the investor is
requested to build a new one for
them.
- Jobs for local labor during project
construction to help the people
having job and income.
- Assistance in building a road and
assistance in agriculture product
price for the people.
When the project
implementation, the people wish
- Mine explosion during construction
shall be given notice and warning
sign provided.
- The investment and commune are
response to the implementation
security
- During detailed measuring survey,
representatives of all related
stakeholders such as local authority,
investor, affected people who will
jointly do the survey as regulated by
the state.
- Investor shall give job priority to
land lost HHs, especially severely
affected HHs
- During construction process, if any
public structure is damaged by the
project, the project shall have to
improve and rehabilitate or replace.
32
No. District/
commune Feedback from people Focus group discussion
their products to be sold out.
105. Public consultation meetings were held with participation of all relevant stakeholders to
collect opinions or concerns of the ethnic minority community who are affected by the project,
therefore counter measures are discussed to avoid or minimize impacts of the constructed works
on public living and working conditions.
Table IV-3 Concerns of affected community and commitment of the investor
No. Community concerns Commitment by the investor
1 Detailed measuring survey (DMS)
Detailed measuring survey should be done
in accuracy manner, and with withness of
the affected people to avoid mistake and
cause loss to the people.
Detailed measuring survey should be
participated by heads of hamlets and CPC
representative
To be done in compliance with current
regulations and prior notice to local
authority and people via meetings for
informing, distributing project
implementation plan, posting project
information in the public, hamlet notice
board, CPC and on hamlet loudspeaker.
DMS team includes attendants of
representatives from stakeholders as
regulated.
2 Compensation
Satisfactory compensation basing on land
price, tree and crops
Regulations on compensation and
assistance with appropriate unit price for
compensation, results of survey and
detailed compensation alternatives are
posted in local public place and hamlet.
3 Assistance in stabilizing livelihood and
working
Assistance in training and worshop on
cage fish breeding when reservoir
construction completion.
During construction period, the investor
should prepare policies of creating more
jobs for local people to work in the plant
when it comes into operation, this is
especially for severely affected HHs.
Affected HHs shall be participated in
training on cage fish breeding under
project training program.
During plant construction and operation
severely affected HHs shall be given
priority to be employed to work in the
plant.
After detailed design, if there are any
further severely affected HHs, the
investor shall commit on policy for
further aissistance under RP
4 Restoration of public structure
impacted by the project
Some public structures shall be impacted,
Reconstruction of 300m gravel road
from the Ly Bon office to suspension
bridge
33
No. Community concerns Commitment by the investor
the the investor has to be reconstructed Reconstruction of damaged building
5 Upgrading infrastructure
Rehabilitation of some irrigation cannels
serving agriculture production of area near
reservoir foundation
System of public structures is damaged by
the project. The company has to repair it
properly.
Maintenance of inter hamlet roads and
other public structures which were
damaged by the plant construction.
When the plant comes into operation,
some new road shall facilitate movement
of local people between regions and
develop their economy.During
construction of the plant, if irrigation
cannel of the local people is impacted,
the Investor shall repair and rehabilitate
or renew upon level of damage.
6 Culture and religous
At the present, illiterate rate in the
commune area is rather high, training
course for eradicating illiteracy is needed
for affected people, particularly for
women.
Assistance in contributing fund for
operation of social associations to
encourage people to participate and travel
fee for hamlet worker to encourage them
to maneuver the people to participate
together.
Payment for compensation shall be made
in compliance with regulations and
policies.
Under gender propaganda campaign it
will adopt gender mainstreaming and
encourage local women association to
open traning classes or groups to teach
the common language to each other
Fund for operation and assistance have
been approved by the government on
yearly basic for ethnic people
developmentThe investor together with
other organizations shall propagandise
policies concerning ethnic people
development of the State for the local
people.
7 Relating to design and construction
Project design should calculate carefully
water level of reservoir. No more impact
to HHs’ fields along river after
construction
Ensure environmental hygiene, return the
site after construction
Calculating water level of reservoir has
been done by consultants with support of
morden Equipment to give out exact
measuring information
In case of further impact as more
production land is flooded, the investor
shall find out solution for compensation
and assistance for affected HHs.
Construction activity and material
transportation shall follow approved
environment management plan.
34
V. ASSESSMENT OF PROJECT IMPACTS TO ETHINIC MINORITIES
106. In preparation for the construction of Bao Lam 1 hydropower project, many consultative meetings
on project implementation with local authorities, relevant agencies and local people have been organized
with the purpose of disseminating information and activities related to the project from the preparation,
the design, the construction to the operation stage. Thereby, the investor of Bao lam 1 hydropower project,
local authorities and people can identify potential impacts caused by construction activities in the process
of implementation, including positive and negative impacts that affect the life and culture of ethnic
minorities in the construction area of the project.
A. The positive impact
107. Bao Lam No. 1 Hydropower Plant is the work with the scale of many ancillary items are built to
meet the operational efficiency, so the construction of Bao Lam No. 1 Hydropower Plant will have more
active and meaningful for producers as well as social and cultural activities of the people in the area of the
building and the surrounding area.
108. Electrical energy provided is 115,7trieu kWh / year for the country.
109. Enhancing social and economic life of the people in communes such as Ly Bon, Vinh Quang, Bao
Toan contribute to shorten the gap between social development, accelerate the process of rural
industrialization in particular and industrialization in general.
110. When operation, the plant will contribute to improve the environment air, flood flow regulation.
B. Negative impacts
111. In addition to positive impacts as mentioned above, the construction of a public work like Bao
Lam 1 hydropower is unavoidable of negative effects, which will affect people’ lives, production and
cultures, especially for ethnic minorities in the project area. Therefore, in the consultation meetings and
interviews with local authorities as well as local residents, negative impacts are considered and discussed
very carefully in order to determine the true and full impacts from the preparation phase to the operational
phase.
112. Buildings flooded and long occupied of 103.91 ha of land planted mostly perennials land, land for
one time rice cultivation, annual crop land and other land; Additionally, the reservoir influences 300m of
gravel road from Ly Bon People’s Committee and 09 households have moved out of the floodplain. This
is unavoidable impacts. In addition, two graves have been relocated of the 162m altitude from the
riverbed.
113. The construction activities and material movement will cause air pollution, noise, water and soil
in the construction site.
114. The construction project also disturbs the lives of the people residing in the local due to the
presence of construction workers and residential components operating commercial services migrating to
work.
115. Increase the risk of spreading infectious diseases such as digestive system diseases, skin diseases
and other social diseases when concentrated many workers.
35
Table V-1: Negative impacts of Bao Lam 1 hydropower project
Negative impacts Description Affecting scale
Occupation of production
land, forestry land,
affecting the livelihood of
people
- The types of productive land
and forestry land will be
permanently affected, which
in turn affect people’s
production/employment and
livelihood/income.
Total land of 103,9 ha is affected by the
construction of Bao Lam 1 Hydropower
Plant in which 9,348m2 is residential
land, 40,500m2 is single rice crop,
200,400 m2 is Annual cultivated land,
129,500m2 is land for perennial plants,
and 659,400m2 is another land.
Temporary impacts to the
production activities of
people
- During the construction, it
may affect and disrupt the
water supply for irrigation,
power supply, transport and
travel of local citizens and
communities.
- During the construction, it
may affect people's
production due to mine
blasting, site grading and
levelling, soil erosion caused
by the construction.
- Transportation of materials in the
construction process will affect the
movement of the local population,
making it difficult for people to trade
goods and produce.
- Due to the grading and levelling or
heavy rains, landslides to production
land may make land unerable or even
that land cannot be restored as the
status quo because of large quantity of
landslides.
Environmental pollution
- During the construction,
material transport vehicles
will create more dust and dirt
for the project area.
- Mine blasting for ground
levelling also causes
environmental pollution.
- The communes in the project area will
increase the number of vehicles running
through and pollute the environment.
- The project area and the surrounding
areas may be affected by mine blasting
activities.
- The greater density of vehicles will
cause noise but thank to the sparse
population density, it will not affect
people's lives significantly.
Affection on the local
culture and social security
of minority communities
- During the construction,
numerous workers may affect
local indigenous cultures via
relations and communications
with the community.
- Work camps of contractors at
the construction site are likely
- The project area and the surrounding
areas can appear social issues like the
introduce of cultures into villages and
appear the risk of loss of security and
order in the local area.
36
Negative impacts Description Affecting scale
affect the security in the local
area.
Affection on living
practices and habits of
people
- Change habits, manners and
customs of ethnic people.
- Susceptible to introduce bad
cultures which are not
suitable to the lifestyle of
local people.
- Local people will be affected on
cultures, customs and lifestyles of
different localities, by immigration of
many worker which lead to wither
away local cultures and change daily
lifestyle.
Risks of labour accidents
- During the construction,
working accidents may occur
if workers do not comply
with the safety regulations at
the site.
- Mine blasting …
- The transporting materials for
construction may cause
accidents during the
transportation
- The staff and construction workers at
site are at risk of labour accidents due
to mine blasting, construction activities
of the hydropower plant.
- Due to the higher density of vehicles,
the road quality is deteriorating and
may cause accidents to people living
near the roads and the traffic
participants.
Risks of women
trafficking, HIV/AIDS
transmission, social evils
- Numerous construction
workers may cause social
vices, such as gambling, drug
trafficking, theft and
trafficking of
women/children, the risk of
transmission of HIV/AIDS
and other social ills
- The staff and workers in the field are
very easy to be drawn into social evils,
which will affect people in the
neighbourhood and in the villages.
Immigrant workers are the
danger of theft, gambling
and drug trading
- During the project
implementation, there will be
a number of cadres and
workers to habitat in the area
and therefore it is easy to
raise a number of evils such
as theft, gambling, drugs.
- The large number of officials and
workers involved in the construction
and operation process will be risks of
evils as theft, gambling, drugs that
influence people in the project area, and
the neighbouring.
37
VI. THE MITIGATION MEASURES AND DEVELOPMENT FOR ETHNIC
MINORITIES
116. The identified potential impacts, including positive and negative impacts of Bao Lam 1 project,
with local authorities, residents in the project area, are screened and developed by computational methods
to have mitigation measures for negative impacts and maintain and improve positive impacts to overcome
and give maximum supports for those affected by the project in order that they can early recover their
living conditions at least as before the project is implemented.
A. The mitigation measures
117. To ensure the livelihood security to households, especially ethnic minority households, smallest
impacts require to be carefully considered to build respective mitigation measures in accordance with
actual conditions and to achieve the consensus of the stakeholders. Table VI-1 below describes in detail
the mitigation measures agreed at the consultation meetings and group discussions with locals during the
preparation process of Bao Lam 1 hydropower project.
Table VI-1: Measures to mitigate negative impacts
Negative impacts Mitigation Measures Implementing agency
Land acqusition that
would give impact to
livelihoods of local
people
Refer RP
Power Construction
JSC, No. 1 ;
Compensation and Site
Clearance Committee
of Bao Lam and Bao
Lac district
Departments and Mass
organizations of
affected communes
Impact to living customs
of local people
Closely manage the construction workers of the
contractor to implement the specific regulations and
not affect on livings of local people.
Transportation of materials are only allowed to use
routes registered with the local authority and have
to performe the regular maintenance to ensure
uninterrupted traffic.
Construction activities close to residential areas
must be arranged at reasonable time to avoid
affecting on livings of local people.
Power Construction
JSC, No. 1, the
constructors,
Monitoring
Consultants.
38
Negative impacts Mitigation Measures Implementing agency
Temporary impact to
production activities of
local people
Construction time will be heralded to the people
and skimming only after people have finished
harvesting the crops.
The contractor will be mobilized at the highest level
in order to shorten the construction time, minimize
time to influence the production of community.
The quarry for materials and machinery must be
planned far from residential areas. The regulations
on the storage and preservation of materials is
carried out strictly, to avoid incidents and accidents,
affecting the lives of people and production.
The skiming must be done in accordance with the
approved design. Monitoring skiming must be
performed grader closely to minimize rock fall to
the farm of people.
Must be constructed in accordance with the
construction measures approved.
Power Construction
JSC, No. 1 and the
contractors
Environmental pollution
Vehicles carrying materials have been covered
carefully to avoid falling materials and making
affect to local people, especially HHs living along
the operation roads.
The transportation vehicles should be not used in
residential area at break time to minimize the noise.
It should be kept moisture to limit dusts on the
roads.
Materials, gasoline must be stored carefully to
avoid explosion, leakage or impacting to the lives
and productions of local people.
Power Construction
JSC, No. 1, the
contractors, Monitoring
Consultants, the local
authority
Impact to daily activities
of local people
The management regulations must be strictly
implemented. Management activities must be
closely coordinated between the contractor and the
local police and the concerned units.
The workers must be educated awareness of
environmental hygiene and conscious respect for
the cultural values of local people.
Where in the camp of construction workers must be
planned separately, not to workers living with the
family of the local people in the community
Power Construction
JSC, No. 1, the local
authority, especially
local polices.
39
Negative impacts Mitigation Measures Implementing agency
Risks of labor accidents
Area of materials, machineries storage should be
located far away residential area and be monitored
closely to avoid the risks of accidents
Local people and workers should be educated and
disseminated about awareness of accidents
preventation at work and transportation.
The employed workers, especially the unskilled
workers must be trained on necessary skills to
ensure safety.
Workers must be equipped with full protective
equipment and labour insurance, accidents in
transportation.
Power Construction
JSC, No. 1, the
contractors
Likely to have women
and children trafficking
and HIV/AIDS infection
Local people and construction workers on the
project site must be propagated to risks and
preventive measures against HIV/AIDS, trafficking
in women and other social evils.
Power Construction
JSC, No. 1 in
coordination with
commune authority,
polices and Women’s
Unions.
Areas nearby the project
area at risk of flooding
after the plant went into
operation
Design system of submerged efflux for baffle to
reduce the kinetic energy of water, the flow rate
decreased after discharge canal, the flow after baffle
back into the natural flow of the river to reduce
erosion and avoid flooding of agricultural land
remaining.
Investors timely compensation for the areas that
were flooded during plant put into operation.
Power Construction
JSC, No. 1 in
coordination with local
authorities
B. Maintaining and Promoting Measures
118. Alongside mitigating negative impacts from the facility, Power Construction JSC, No.1 has
cooperated with stakeholders and the local authorities to discuss and consult the local people in project
area as well as develop the programme for promoting positive impacts of the facility, specifically as Table
VI-2 below:
Table VI-2: Maintaining and Promoting Measures
Positive impacts Maintaining and Promoting Implementing
agency
1. Creating more
favorable conditions for
production activities,
Developing maintenance mechanisms for road that will
be updated by project then local people can travel
Power
Construction JSC,
No.1 and the
40
Positive impacts Maintaining and Promoting Implementing
agency
improving traffic
conditions for local EM
community.
constructor
2 Contributing to
improve the local
infrastructure of local.
- Construction of dams, roads for transportation. (300m
gravel road from the Ly Bon office to suspension
bridge will be destroyed).
- Construction of 110kV and 35kV lines to supply
power for hydropower and into the national grid.
Power
Construction JSC,
No.1, the local
authorities
3. Creating more jobs for
local people
The contractors committed to hiring workers from local
people in affected area and pay them according to
market price. After completion of the project, Power
Construction JSC, No.1 will priority in recruiting local
workers for training and work at the plant regularly.
Power
Construction JSC,
No.1
4. Making active
contributions to cultural,
social and poverty
reduction movements in
local areas
To discuss regularly with leaderships of villages and
communes and social mass organizations on activities
of the project.
Cooperating with local authorities, communes and
villages and mass organizations to implement
assistance tasks for community.
Supporting and funding support for cultural-social
activities of commune authorities, mass organizations,
community and schools.
Power
Construction JSC,
No.1
C. The development measures for the ethnic minorities
119. Based on the survey findings and actual exchanges of opinions with relevant agencies and local
people in the area affected by Bao Lam 1 project in 7/2014 and in addition to the mitigation measures
proposed in the previous sections, other measures are proposed aiming at supporting and overcoming
difficulties for ethnic minorities, creating favorable conditions for them to the early recovery and
development of their income sources, particularly the support of poverty alleviation for ethnic minority
households which are struggling and are affected by the project. The specific measures are proposed as
follows.
Table VI-3: The development measures for the ethnic minorities
No.
Proposed
development
measures
Basics of proposal Support contents
and purpose Responsibility
1 Support techniques When the project completes the The technical Power Construction
41
No.
Proposed
development
measures
Basics of proposal Support contents
and purpose Responsibility
and training for the
nourish-fish cages
reservoir of 118,84ha wide, it
will be convenient for the fish-
cage model, which is new for
local families, therefore they
should capture the feeding and
caring techniques.
training for fish-
cages (2 sessions
= 1 theory + 1
practice).
JSC, No.1,
Agricultural Section
of Bao Lam and Bao
Lac district
2 Recruitment of
unskilled worker for
factories
During the construction and
when the plant comes into
operation, some unskilled works
are in need for the project, it will
prioritize the recruitment of
affected households and provide
onsite training for them to work
in the plant.
Training the rules,
procedures, norms
and safety
measures during
the working
period.
(The duration of
10 sessions = 5
theory sessions +
5 practice
sessions)
Power Construction
JSC, No.1
3 Campaigns on
gender, HIV/AIDS
and trafficking in
women for ethnic
minority
communities
The percentage of girls (aged 15
- 17) going to school is much
lower than boys’ percentage.
Ethnic minority women are
usually in charge of such works
as going to upland for
cultivation, animal husbandry,
care for children.... the limited
education access is one of the
main causes leading to the
limited off-farm opportunities
for employment of ethnic
minority women.
The division of works in families
of ethnic minority groups
remains gender discrimination
evidently.
Family properties are owned,
managed and decided by men.
Construction workers
Organize
propagation and
dissemination
meetings of
gender equality,
HIV/AIDS and
trafficking of
women integrated
into the routine
village meetings.
Deliver
propaganda
leaflets on gender
equality in
families and social
activities (the cost
is 2-5 million
VND/commune)
Power Construction
JSC, No.1,
Women’s Union,
Local authorities
42
No.
Proposed
development
measures
Basics of proposal Support contents
and purpose Responsibility
concentrating may bring social
ills such as gambling, drug
trafficking, theft and trafficking
of women/children, the risk of
transmission of HIV/AIDS and
other social evils.
43
VII. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION PLAN
A. Institutional Arrangement
120. Implementing Ethnic Minority Development Plan requires cross-sectoral collaboration from many
sectors and branches at all levels from provincial, to district, commune, village and ethnic minority
groups. Investor of Bao Lam 1 Hydropower Project will be the host agency for implementation and
collaborate with other entities during implementation. The institutional arrangements for implementation
of the Ethnic Minority Development Plan are specified as follows:
- Bao Lam 1 Hydropower JSC will assume responsibility for providing funding for
implementing all activities set out in the Ethnic Minority Development Plan; developing
regulations for oversight of workers gathering of construction materials; conducting
community consultations; monitoring resettlement compensation; executing and collaborating
to implement measures to mitigate negative impacts generated by the facility; and file reports
with the relevant authorities.
- District Resettlement Compensation Committee will assume responsibility for providing
exact compensations based on market price; providing one-off support for affected
households.
- District Women’s Union in collaboration with Commune Women’s Union and associated
Village Women’s Unions implement effectively the gender-based propaganda programme on
women’s roles and propaganda campaigns on prevention and control of HIV/AIDS and
women and children trafficking.
- Commune authorities will support Power Construction JSC, No.1 in management of workers,
prevention of social evils; conduct monitor and collaborate in monitoring with various sectors
and branches in the district, together with Provincial Ethnic Minority Committee as regards
the implementation of EMDP of Power Construction JSC, No.1.
121. Investor will coordinate with various sectors and branches in the commune and villages together
with District Resettlement Compensation Committee to regularly update the EM community of progress,
effectiveness of implementation of the EMDP; conduct monitor and inform monitoring results to
commune people’s committee and investors; assisting EM people in filing complaints in an effective
manner.
122. Leaderships of villages, social mass organizations and EM people will conduct monitoring and
evaluation of implementation of EMDP of the investor of Bao Lam Hydropower.
123. Provincial Ethnic Minority Committee will on a regular basis check and comment on
implementation outcomes of the EMDP of Power Construction JSC, No.1.
B. Implementation Plan
124. EMDP is implemented as a separate program in parallel with activities of implementing
Resettlement Plan of the project, Table VII.1 shows the details the implementation plan of main stages,
impact projects, activities in EMDP and management as well as monitoring and evaluation EMDP, some
activities were included in the RP (see RP).
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Tabe VII-1: Implementation Progress of EMDP
Activities Progress
Information dissemination and community consultation June 2014 - July 2014
Preparing the Ethnic Minorities Development Plan June 2014 - July 2014
Submitting the Ethnic Minorities Development Plan August 2014
Approving the Ethnic Minorities Development Plan December 2014
Information dissemination affer EMDP to be approved January 2015
Implementing measures to mitigate negative impacts January – June 2015
Implementing measurements or training for ethnic minority
people
January – June 2015
Monitoring and evaluation January 2015 – June 2016
Implementing the construction January 2015 – December 2016
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VIII. COMPLAINTS AND GRIEVANCE REDRESS MECHANISM
125. To make sure the complaints and grievance redresss mechanism which will be established is
practical and acceptable to the affected households, especially ethnic minority communities, this content
has been consulted with local authorities and ethnic minority communities with aglance to the unique
cultural characteristic as well as the traditional cultural mechanisms in addressing and resolving
complaints and in the specific cases (such as the negative impacts are not minimized or new negative
impacts have arisen, EMDP has not been done, etc.) EM people can complain for their rights. Grievance
redress mechanism has been discussed as follows:
126. Stage 1: If EMDP has not been implemented or the implementation EMDP will raise the negative
impacts to the ethnic minority community and no activities for mitigation, or any issue related to ethnic
minorities people, the local ethnic minority people can elevate directly by verbally or in written to CPC or
verbally or in written to community consultation board member at commune then this board will work
with CPC and CPC will resolve the issue within 15 days from the date the complaint is received.
127. Stage 2: Within 15 days from the date the complaint is received, If the EM people are in the
absence of any response or EM people is not satisfied with the decision, they can complaint to DPC.
128. Stage 3: Within 15 days from the date the complaint is received, If the EM people are in the
absence of any response or EM people is not satisfied with the decision of DPC, they can complaint to
Provincial Ethnic Minority Board..
129. Stage 4: Within 15 days from the date the complaint is received, If the EM people are in the
absence of any response or EM people is not satisfied with the decision of PPC the EM people, as a last
resort may submit his/her case to the district court.
130. The procedure to resolve the grievance of EM people that have been described in the document “
Information of Bao Lam 1 hydropower”- PIB and delivred to all EM people in the community. For
assitting EM people to find the person inchage for this resolve, PIB provide all infomation of name, adress
as well as telepnone number of these person incharged . EM people dont have to pay any fee for their
administraive and legal cost, as well as free cost for submit the complaint at the court.
131. The external monitoring agency will be recruited to monitor and evaluate independently. This
agency will be responsible for checking the procedure and the status on resolving the complaints. The
external monitoring agency may propose other solutions (if necessary) to resolve the pending complaints.
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IX. MONITORING AND EVALUATION
A. General requirements for monitoring and evaluation
132. The internal and external monitoring system will be established to monitor the EMDP
implementation.
133. The internal and external monitoring and evaluation system will be established to monitor the
implementation of the EMDP. The main purpose of the program is monitored and evaluated to ensure that
all of the proposed measures in EMDP are comply with policies and procedures of the EMDP. In
particular, the independent monitoring and evaluation will focus on the social impact to AHs and AHs can
restore their living standards at least equal to or better than their living standards before the construction
134. The scope of the monitoring and evaluation program will include activities related to the EMDP,
providing feedback to management agencies on carrying out their tasks, identifing issues and resolving as
soon as possible to facilitate for adjustments with the implementation timely.
135. Objectives of monitoring and evaluation system are: (i) ensure the implementing progress of
EMDP; (ii) undertake rightly the mitigation measures of the plan; (iii) assess effectiveness of the measures
and propose supplement measures if necessary; (iv) identify potential or generated problems to the ethnic
minority community during the implementing period of the project; and (v) identify quick response
measures to mitigate these issues.
1. Internal Monitoring
136. The investor will be responsible for internal monitoring the EMDP implementation. The
monitoring reports will be prepared and submitted to PMB. This reports will be monthly reports, from
distributing Project Information Booklet to disbursing compensation costs and completing EM
development activities.
137. The monitoring reports will summarize the progress of EMDP implementation, compare with
monitoring indicators; and when required, propose changes to ensure the EMDP implementation in
accordance with objectives and procedures in EMDP. This resport is a part of the external resettlement
monitoring report and will be submitted to PMB and WB for reviewing. PMB will submit the quarterly
monitoring reports to WB. These reports will summarize the progress of land acquisition and resettlement
and EMDP for the project.
2. External monitoring
138. The external monitoring agency will be recruited to to conduct independent checks, monitoring
and evaluation as regards the implementation of EMDP. The independent monitoring and evaluation will
be conducted on an annual basis, except for the first stage when it is possible to conduct independent
monitoring and evaluation twice a year, and might be implemented along with resettlement plan.
139. The independent monitoring and evaluation will focus on 5 main issues, that is (i) how measures
to mitigate negative impacts set forth are implemented; (ii) what negative impacts on ethnic minority that
have been not assessed and hence mitigation measures not identified; (iii) how interventions for
community development of ethnic minority groups have been implemented; (iv) information provided is
sufficient or not and whether the consultations with EM people have been conducted or how effectively
they are implemented; and (v) complaint procedures for ethnic minority as regards EMDP and any other
issues faced by them.
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B. Monitoring indicators
140. The monitoring indicators in Table IX.1 should be should be periodically monitored during
EMDP implementation as well as monitoring indicators mentioned in Resettlement Plan.
Table IX-1: Monitoring indicators in EMDP
Monitoring and Evaluation
Issues
Basic indicators
1. The progress of EMDP
implementation
- The plan has been shared with the community.
- The plan is in line with the implementation conditions of ethnic
minority people and is joined by them.
- The plan is relevant to the progress of other activities.
- Adequate human resources available to implement the plan.
- Sufficient funding for implementing the plan.
2. Implementing community
consultations and local people’s
participation
- Local EM community, commune authorities and village leaderships
and mass organizations are provided sufficient information on
EMDP, implementation plan and grievance mechanisms.
- Local EM community, commune authorities and village leaderships
and mass organizations are involved in relevant activities, especially
monitoring the implementation of EMDP.
3. Implementation of measures to
mitigate negate impacts from the
facility.
- All measures for mitigating negative impacts from the facility are
effectively implemented.
- There are no additional negative impacts arising from the facility,
and if otherwise, there must be a community consultation on
mitigation measures and implementation of the same.
- Various sectors and branches effectively collaborate in
implementing measures to mitigate negative impacts from the facility.
4. Implementation of specific
developmental interventions for
local ethnic minority people
- All activities that support the EM development as set out in the
EMDP are implemented effectively.
- Various sectors and branches effectively collaborate in
implementing interventions for community development.
5. Grievance Mechanisms - Ethnic minority community has a clear understanding of the
grievance mechanism.
- District Resettlement Compensation Committee, commune-level
social organizations and commune people’s committee have a clear
understanding of grievance mechanism and are able to assist EM
people to implement such mechanisms.
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X. BUDGET AND DISBURSEMENT PLAN
141. Total cost of the EMDP is estimated to be 132,000,000 VND, including development measures
and contingency. The budget for EMDP is taken from the loan. The cost for monitoring and evaluation
EMDP is included in RP cost. The items of road upgrading, building a new road and public works will be
prepared at technical design phase.
Table X-1: Total funds for implementation of EMDP
No
. Item Unit
Unit cost
(VND)
Quantit
y Cost (VND) Note
1 Training young
labors to work at
unskilled in the
plant when the
plant in on
operation phase
Person
1.000.000 60 60.000.000 Before the plant
goes into
operation
2 Training on
techniques of cage
farming
Course
15.000.000 02 30.000.000 HHs
3 Assistance for
propaganda in
improving life
skills
15.000.000 02 30.000.000 Integrating into
meetings,
activities in the
villages
Sum 120.000.000
Contingency
(10%)
12.000.000
Total 132.000.000