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Guangxi Wuzhou Urban Development Project – Pingminchong Geohazard Resettlement and Prevention Project

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Guangxi Wuzhou Urban Development Project – Pingminchong Geohazard Resettlement and Prevention Project Resettlement Planning Document Resettlement Plan Document Stage: Final Project Number: 40642 August 2008 PRC: Guangxi Wuzhou Urban Development Project – Pingminchong Geohazard Resettlement and Prevention Project Prepared by Wuzhou Urban and Rural Construction Planning Design Institute The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. ENDORSEMENT LETTER FOR THE RESETTLEMENT PLAN The Wuzhou Dongtai State Assets Operation Corporation, the implementation agency (IA), together with the assistance of the Wuzhou Urban and Rural Construction Planning Design Institute has prepared this Resettlement Plan (RP) for the Pingminchong Geohazard Resettlement and Prevention Component as one of the two components under Guangxi Wuzhou Urban Development Project, which is under application for a loan from the Asian Development Bank (ADB). The RP fully complies with requirements of the relevant laws, regulations and policies of People’s Republic of China, Guangxi Zhuang Autonomous Region and Wuzhou Municipal Government as well as complies with ADB’s policy on involuntary resettlement. This RP is based on the feasibility study report (FSR) and socioeconomic survey and Wuzhou Project Management Office (WPMO) hereby confirms the content of this RP and will guarantee the land acquisition and compensation budget being provided according to the provisions of aforesaid plan. This RP will be revised and approved by ADB before its implementation when the detailed design is completed. LI Ningbo, Vice Mayor, Wuzhou City Chair of Wuzhou City ADB Loan Project Leading Group August 2008 TABLE OF CONTENTS ENDORSEMENT LETTER FOR THE RESETTLEMENT PLAN 2 LIST OF ACRONYMS AND MEASURES 5 EXECUTIVE SUMMARY 7 E1. Description of the Project and LAR Impacts 7 E2. Resettlement Principles and Entitlements 7 E3. Public Participation and Grievance 8 E4. Resettlement and Livelihood Rehabilitation 8 E5. Institutional Arrangement 8 E6. Cost and Schedule 9 E7. Monitoring and Evaluation 9 I. INTRODUCTION 10 1.1 Background 10 1.2 Description of the Project 10 1.3 Preparation of RP 13 II. IMPACT OF LAND ACQUISITION AND RESETTLEMENT 15 2.1 Measures Taken to Avoid or Minimize LAR Impacts 15 2.2 Methods of LAR Impact Assessment 15 2.3 Scope of LAR Impacts 16 III. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION 28 2.1 Socioeconomic Profile of Wuzhou City 28 2.2 Socioeconomic Profile of Pingminchong Valley and APs 29 2.3 Gender Analysis 34 IV. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE 36 4.1 Public Participation Strategy 36 4.2 Methods and Measures of Public Participation 36 4.3 Public Participation during RP Preparation 36 4.4 Women’s Participation 37 4.5 Information Disclosure 38 4.6 Public Participation Plan during RP Implementation 38 V. APPEALS AND GRIEVANCE PROCEDURES 41 VI. LEGAL FRAMEWORK AND POLICIES 43 6.1 Applicable LAR Laws, Regulations and Policies 43 6.2 ADB’s Involuntary Resettlement Policies 43 6.3 Related Laws and Regulation of PRC 44 6.4 Gaps between ADB and Chinese Policies 47 6.5 Compensation Principles and Standards 49 VII. ENTITLEMENT MATRIX 53 VIII. RESETTLEMENT AND REHABILITATION PLAN 57 8.1 Objectives and Principles of Resettlement Program 57 8.2 Resettlement Plan and Rehabilitation Plan 57 IX. COST ESTIMATES 78 9.1 Compensation and Resettlement Costs 78 9.2 Annual Budget 80 9.3 Flow of Fund 80 X. LAR IMPLEMENTATION SCHEDULE 82 10.1 Principles 82 10.2 LAR Implementation Schedule 82 XI. INSTITUTIONAL FRAMEWORK 87 11.1 Project Resettlement Organizational Set-up 87 11.2 Responsibilities 89 11.3 Institutional Capacity Strengthening 90 XII. MONITORING, EVALUATION AND REPORTING 92 12.1 Internal Monitoring 92 12.2 External Monitoring and Evaluation 93 12.3 Reporting Requirements 95 APPENDICES APPENDIX 1 RESETTLEMENT INFORMATION BOOKLET 97 APPENDIX 2 TOR FOR EXTERNAL MONITORING AND EVALUATION 1 LIST OF ACRONYMS AND MEASURES ADB Asian Development Bank AF Affected Families AP Affected Person CNY Chinese Yuan CPC Construction and Planning Committee dia. Diameter DI Design Institute DMS Detailed Measurement Survey EA Executing Agency F Females GDP Gross Domestic Product FSR Feasibility Study Report Ha Hectare HHs Households WMG Wuzhou Municipal Government Dongtai Wuzhou Dongtai State Assets Operation Corporation IA Implementing Agency IMA Independent Monitoring Agency LRB Land Resource Bureau LAR Land Acquisition and Resettlement LSSL Least Subsistence Security Line LRB Land Resources Bureau M Males M&E Monitoring and Evaluation MLG Minimum Living Guarantee MRM Management Review Meeting PLG Project Leading Group PPTA Project Preparatory Technical Assistance PRC Peoples Republic of China RCs Resident Committees RIB Resettlement Information Booklet RO Resettlement Office ROW Right of Way RP Resettlement Plan ToR Terms of Reference US$ United States Dollar WF Women’s Federation WHDAO Wuzhou House Demolishment Administration Office WLRB Wuzhou Land Resource Bureau WMG Wuzhou Municipal Government Wuzhou Urban and Rural Construction Planning & Design WURCPDI Institute km2 Square Kilometer % Percentage ≤ Less than or equal to ≥ Greater than or equal to # Number mu Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu) Chinese currency Yuan CNY 1 Yuan = 1/7.3 $US ($US1=CNY 7.3) EXECUTIVE SUMMARY A. Description of the Project and LAR Impacts Pingminchong is located in Wanxiu District of Wuzhou City, which is one of the 12 geohazard disaster prone areas in Wuzhou City. Each time, the occurrence of geohazard disaster resulted in human casualties and tremendous economic losses to the Pingminchong community. Due to the historical reasons, many houses were built on the slopes with high density of populations and houses. The houses are closely built and attached, it is difficult to carry out the unified infrastructure reconstruction. To eliminate the impact of geological hazard, the Wuzhou Municipal Government (WMG) has planned to remove the people in Pingminchong to a new resettlement site in Zaochong area and other gaohazard free areas of the city to provide the people with safer and more secured living environment, and to rehabilitate the Pingminchong valley for sale through public bidding auction. The Project will acquire 289 mu state-owned land in Pingminchong valley permanently with two resident committees (RCs) of Pingdong and Pingxi to be affected. A total of 1,816 households or 5,707 populations living in private houses under the jurisdiction of Pingdong and Pingxi RCs (including 7 family-owned shops with 15 self-employees, and 35 teachers and 117 students in Pingminlu Primary School) will be relocated. Of the total demolished houses, 1,745 households have certificates of house property rights and 71 households have no certificates of house property rights, and 216 households are tenants. Another 1,116 people from 11 institutions and enterprises (5 institutions including 2 schools, 2 state-owned enterprises, 3 collective-owned enterprises, and 1 private-owned enterprise) will also be affected by both residential and non-residential structure demolishment, including 160 employee households or 458 persons living under the administration of public institutions and enterprises and 358 persons living in the dormitories of the affected institutions and enterprises to be relocated due to residential structure demolishment, and additional 152 employees working in the affected enterprises and 148 teachers and students in the affected school but living outside of Pingminchong valley will also be affected by the relocation due to non- residential structure demolishment. In total, 150,261 m2 structures will be demolished. Of which, 130,851 m2 are residential private houses and 19,410 m2 of non-residential structure demolishment of institutions, enterprises and shops. Of the total area of non-residential structure demolishment, 5,845 m2 houses or buildings are used for living by employee households or employees themselves. In addition, associated productive assets, ground attachments, and basic infrastructures and special facilities will be removed due to the Project construction. B. Resettlement Principles and Entitlements Although the resettlement for Pingminchong Geohazard Resettlement and Prevention is voluntary, the WMG has adopted the same criteria of resettlement program as those for involuntary resettlement to ensure that the APs will be compensated such that they will become economically better-off or no worse-off than before the resettlement. The resettlement principles established for the Project are: (i) land acquisition and involuntary resettlement should be avoided or minimized where feasible; (ii) All people residing, or making a living within the areas acquired for the Project prior to a formally recognized cut-off date should be considered as affected people (AP). They should receive compensation for all losses, including assets and livelihoods regardless of land tenure and property right status, and should be entitled to rehabilitation assistance; (iii) compensation and entitlements provided are based on market value or replacement value and must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement; (iv) a preferential policy will be provided to vulnerable groups in such things as compensation, minimum living guarantee (MLG), training and employment, and assistance in relocation; (v) all APs are adequately informed on eligibility
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