Resettlement Plan
Project Number: 44036 January 2017
PRC: Anhui Chao Lake Environmental Rehabilitation Project
Prepared by Shucheng ADB Loan Project Office
For Shucheng County
This 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.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. The Newly-added Subproject in Medium-term Adjustment of Water Environment Improvement Project of Anhui Chao Lake Basin Loaned by Asian Development Bank
For Project Scope Change
Resettlement Plan
Project Number: 44036
The Newly-added Subproject in Medium-term Adjustment of Water Environment Improvement Project of Anhui Chaohu Lake Basin Loaned by Asian Development Bank The Water Environment Improvement Engineering of Fengle River (Shucheng Section)
The working group of the people’s government of Shucheng County of the project loaned by Asian Development Bank January, 2017
Contents
...... 1 1 Executive Summary ...... 1 1.1 Project overview and influence on land requisition and resettlement ...... 1 1.2 Resettlement principle and right ...... 2 1.3 Public participation and complaint ...... 3 1.4 Settlement and livelihood recovery ...... 3 1.5 Organization ...... 3 1.6 Cost and progress ...... 4 1.7 Monitoring and evaluation ...... 4 2 Project Overview ...... 6 2.1 Project background ...... 6 2.2 Project description ...... 7 2.2.1 Project overview of phase-II works and supporting pipe network works in sewage treatment plant in Hangbu economic development zone ...... 7 2.2.2 Off-site supporting pipe network works ...... Error! Bookmark not defined. 2.2.3 Shucheng urban sewage network reconstruction project ...... 8 2.2.4 Fengle River and branch treatment works ...... 11 2.3 Overview of project influence area and resettlement influence ...... 12 2.4 Social and economic effect of project ...... 12 2.5 Project investment and implementation plan ...... 12 2.6 Measures that reduce the impacts of land requisition and resettlement ...... 12 2.7 Goals of the Resettlement Plan ...... 13 3 Scope of land requisition and resettlement ...... 15 3.1 The collective land requisition of the project ...... 15 3.1.1 Collective land requisition ...... 15 3.1.2 Impact analysis of the collective land requisition ...... 15 3.2 Project temporary land requisition ...... 17 3.3 Project house acquisition ...... 17 3.4 Ground attachments ...... 17 3.5 Vulnerable groups affected by the project ...... 18 4 Social economic information and situation ...... 19 4.1 Situations of the cities and towns affected by the project ...... 19 4.2 Investigation and analysis of the affected villages ...... 20 Socioeconomic status survey of the affected villages ...... 21 4.3 Sampling investigation ...... 21
3 4.3.1 Sampling proportion ...... 21 4.3.2 Population of the sample household ...... 21 4.3.3 Family property ...... 22 4.3.4 Income and expense of the sample household ...... 22 4.3.5 Survey of the affected households’ views ...... 23 4.4 Gender analysis ...... 24 Village ...... 24 Group ...... 24 5 ...... Error! Bookmark not defined. 4.5 Ethnic minorities ...... 24 5 Legal framework and policies ...... 25 5.1 Laws, regulations and policies for involuntary resettlement ...... 25 5.2 Asian Development Bank policy principals ...... 26 5.3 Main differences between the Asian Development Bank policies and the Chinese laws ...... 33 5.3.1 Land settlement compensation ...... 33 5.3.2 Consultation and announcement ...... 33 5.3.3 Lack of legal right ...... 33 5.3.4 Resettlement monitoring, evaluation and report ...... 33 5.4 Compensation principles of this project...... 34 5.5 Compensation cut-off date ...... 34 5.6 Determination of the compensation standard of the project's resettlement impacts ...... 35 5.6.1 Collective land requisition ...... 35 5.6.2 Compensation for the attachments and infrastructure ...... 35 5.6.3 Other expense standards ...... 36 5.6.5 Vulnerable groups ...... 37 5.6.6 Women-supporting measures ...... 38 5.7 Appropriation of compensation funds and time arrangement...... 38 5.8 Compensation entitlement ...... 38 6 Resettlement plan and income restoration measures ...... 41 6.1 Objectives, methods and principles of resettlement and restoration ...... 41 6.1.1 Objectives of resettlement and restoration ...... 41 6.1.2 Methods of resettlement and restoration ...... 41 6.1.3 Principles of resettlement and restoration ...... 41 6.2 Resettlement of people affected by land requisition ...... 42 6.3 Measures of restoration of the permanent requisitioned land of the affected villages ...... 42 6.4 Endowment insurance measures of the land-lost farmers ...... 44 6.5 Affected people taking skill training ...... 45 6.6 Women benefit protection ...... 46 6.7 Assistance measures for the vulnerable groups ...... 47 6.8 Infrastructure recovery scheme ...... 48 7 Information disclosure, consultation and participation ...... 49 7.1 Public participation and consultation activities already carried out so far ...... 49 7.2 Plan of consultation with the affected people in the future ...... 50
4 7.3 Feed back of public participation and consultation opinions ...... 51 7.4 Ways of the affected people’s participation in the consultation during the implementation period ...... 53 7.5 Policy announcement and the Resettlement Information Manual ...... 53 8 Organization of Grievance and appeals ...... 55 8.1 Ways of collecting dissatisfaction and complaints ...... 55 8.2 Process of complaining and appealing ...... 55 8.3 Principles of handling complaints ...... 56 8.4 Contents and modes for replying complaints ...... 56 8.4.1 Contents for replying complaints...... 56 8.4.2 Modes for replying complaints ...... 56 8.5 Record and tracking feedback of complaints and appeals ...... 57 8.7 Asian Development Bank’s Accountability Mechanism ...... Error! Bookmark not defined. 9 Resettlement organizations ...... 59 9.1 Organization structuring ...... 59 9.2 Responsibilities of organizations at all levels ...... 59 9.2.3Shucheng Urban Construction Investment Co., Ltd...... 60 9.2.4 Shucheng Department of Land and Resources ...... 60 9.2.5 Project resettlement execution organization (Shucheng County Development and Reform Commission) ...... 61 9.2.6 Hangbu Town Government ...... 61 9.2.7 Zhuliuwei village committee ...... 61 9.3 Personnel and equipment of the resettlement organizations at all levels ...... 62 9.4 Measures for strengthening the institutional capacity ...... 62 9.5 Organization training plan ...... 63 10 Budget of resettlement ...... 65 10.1.1 Land compensation expenses ...... 65 10.1.2 Compensation expenses for ground attachments and special recovery reconstruction ...... 65 10.1.4 Other related expenses ...... 65 10.2 Capital budget of resettlement ...... 65 10.3.1 Fund appropriation of resettlement ...... 67 10.3.2 Management and monitoring of the resettlement fund ...... 68 11 Project Implementation Plan ...... 69 11.1 IMPLEMENTING PRINCIPLES OF RESETTLEMENT ...... 69 11.2 TIMETABLE FOR THE IMPLEMENTATION OF THE RESETTLEMENT PROJECT ...... 69 12 Monitoring and Evaluation ...... 72 12.1.1 Purpose and aim of internal monitoring ...... 72 12.1.2 Internal monitoring implementation program ...... 72 12.1.3 Internal monitoring content ...... 74 12.1.4 Internal monitoring method ...... 76 12.1.5 Organization and personnel placement of internal monitoring ...... 77 12.1.7 Period and report of internal monitoring ...... 78 12.2 EXTERNAL MONITORING ...... 79
5 12.2.1 Purpose of external monitoring ...... 79 12.2.3 Responsibilities of the external monitoring organization ...... 79 12.2.4 Measures and procedures of external monitoring ...... 80 12.2.5 Main contents of external monitoring ...... 81 12.2.6 Reporting system of external monitoring ...... 83 12.3 POST APPRAISAL FOR RESETTLEMENT ...... 84 Appendix 1. Project schematic diagram 2.Public participation meeting minutes 3.Gender analysis table in project area 4. Sample distribution structure condition in sampling investigation 5. Chinese land laws, regulations and related policy articles 6. Pension guarantee related policy of land-lost farmers 7. Resettlement information book 8.Resettlement due diligence report
6 1 Executive Summary
1.1 Project overview, land requisition and impacts of resettlement The total investment of Fengle River (Shucheng Section) Water Environment Improvement Project is 152,311,200 yuan, wherein the planned ADB loan is USD 20,000,000, other fees will be collected by the construction unit. The project composition is: (1) 1 supporting sewage network in phase-II project of 5000m3/d Hangbu Sewage Treatment Plant; (2) Shucheng district sewage network improvement project, wherein for the sewage network improvement project in Shucheng Economic Development Zone, the total length of new network is 6.854km, the pipe diameter is d800; Shucheng main Town is newly built with 4.987km sewage network d400 - d800 supporting network and 1 inte3grated sewage pump station; and (3) Fengle River and branch treatment project, including the treatment of moat and Fengle River in terms of River dredging project, River channel project. The land requisition in this project will affect Xiawan natural village, Zhuliuwei administrative village, Hangbu Town, Shucheng County, Lu'an city. The phase-II engineering project of Hangbu sewage treatment plant permanently takes 3.3mu of lands which are all collected collective-owned lands. The construction of supporting network of sewage treatment plant is the top pipe or built road construction. The project land requisition affects 7 households and 21 people; Shucheng Nanxi River Old Urban Reconstruction Project affects 19 resettlement households in Fengle River Treatment Project which is the subproject of Fengle River (Shucheng Section) Water Environment Improvement Project and acquires 791.694m2 of houses, and the house acquisition contract has been signed within the period from July 25, 2015 to August 14, 2015. 1 of the house acquisition households has no the property right certificate and choose the monetary compensation form, other households choose the property right exchange1 form. The compensation funds have been paid to individual accounts by Shucheng House
1 Property right exchange, translated from Chinese resettlement term, means “house for house” or kind compensation.
1 Acquisition and Compensation Management Office before the house acquisition and compensation agreement is signed, and Shucheng House Acquisition and Compensation Management Office has shown related certificates (see Attachment 8 for details). The impacts of resettlement is shown in Table 1-1. Permanent Requisition of Collective Lands Table 1-1 Land Administrative Natural Affected Affected Town Requisition Village Village Households People (Mu) Hangbu Xiawan Town, 3.3 Dry Zhuliuwei Village 7 21 Shucheng Land Group County
1.2 Principles and rights of resettlement This resettlement plan is formulated according to the Land Administration Law of the People's Republic of China (2004), Decisions of the State Council on Deepening Reform and Strict Land Management (GF (2004) No.28), relevant policies in Anhui province, Asian Development Bank Involuntary Resettlement and relevant social security policies.
On the basis of consulting the local government and the affected people, the implementing organization adopted a series of resettlement principles and rights tables. Due to the feature of land collective ownership, the distribution of land compensation fees for levied lands shall be distributed uniformly by village committee in accordance with all previous rules for levy of land combined with the decision discussed in villager representative assembly and in the principle of resident population.
The land requisition compensation includes land compensation, resettlement assistance, green crop subsidies, and compensation for ground attachments. The land requisition standard is formulated by the price of the district, and the price of the district is based on the related provisions of Anhui provincial government. The compensation for crops, trees and other facilities will be directly given to the affected people. The income loss caused by crop failure and sales reduction will be
2 compensated in cash in the compensation evaluation. 1.3 Public participation and appeal
Public consultation is an important content in the preparation stage of the resettlement plan. From November 2015 to December 2015, aiming at the affected people, the project office of Shucheng County, the project design units and other stakeholders conducted a series of consultation activities. The affected people participated in the preparation of the resettlement plan through the measurement and social economic investigation. The future consultation work will be conducted in the process of implementing the resettlement plan. Set up the organization for the affected people to appeal and complain to deal with the complaints happen in the land requisition and resettlement affairs, including 3 channels: (1) The project office of the Water Environment Improvement Engineering of Fengle River (Shucheng Section); (2) Project implementation unit; (3) Shucheng Urban Construction Investment Co., Ltd. 1.4 Settlement and livelihood recovery In order to reduce the impact on the affected people and recover their production and living standards, the resettlement measures have been arranged in detail in the resettlement plan. Based on the social economic investigation, the analysis on the affected people and the experience of resettlement of local similar projects, the measures and income restoration of resettlement have been prepared. These measures include the monetized subsidy, subsistence allowance to the affected people, and the security funds provided by the local security system. People meeting the conditions can receive the security. Carry out skill training for the affected people (including employment in non-agricultural jobs, project employment, and non-currency support), and give monetary compensation for the collective land of 3.3mu according to the type of land. 1.5 Organization
Shucheng Urban Construction Investment Co., Ltd. will undertake the overall responsibility of land requisition and implementation of the resettlement plan, including planning, implementation, fund arrangement and reports for land requisition and the
3 resettlement plan. In order to guarantee the smooth implementation of the project, the major personnel in charge of land requisition and resettlement will take part in the training on resettlement implementation organized by the office of the working group of the people’s government of Anhui Province of the project loaned by Asia Development Bank. Prepare the resettlement implementation schedule according to the timetable for preparation work and construction. The resettlement plan will be updated according to the final design and measurement survey, and will be submitted to Asia Development Bank before the signing of the civil engineering contract for examination and approval. 1.6 Cost and schedule
The total cost budget of land requisition and resettlement of the project is 272,720 yuan, accounting for 0.13% of the total project investment of 213,474,000 yuan. The land requisition started from the beginning of December 2016 and ended in the end of December 2016. 1.7 Monitoring and evaluation The resettlement plan includes a detailed internal and external monitoring and evaluation plan. Shucheng Urban Construction Investment Co., Ltd. will provide the internal monitoring report to Asian Development Bank semiannually. Shucheng Urban Construction Investment Co., Ltd. will hire an external resettlement monitoring organization or company as the independent external monitoring organization to release the impartial, independent, and unprejudiced monitoring report. Complete the comprehensive survey before the implementation of land requisition and resettlement; in September, 2016, submit the first monitoring report and submit a monitoring report to Asian Development Bank for examination semiannually until the end of the project.
4
Explanation of key terms
Affected A Person or people affected by the change of land, house, water or other natural person or resources caused by the project. people:
Compensation: The right to be paid or obtain the cash of the affected people in order to make up for their loss of properties, resources and incomes.
Entitlement/ All kinds of rights the affected people are entitled to enjoy based on the Rights: characteristics of their losses in order to recover their social-economic base, including: compensation, income restoration, relocation payment, income subsidy and resettlement.
Income The restoration of the income sources and living standards of the affected people. restoration:
Resettlement: Rebuild the houses and properties in another place, including the production land and public facilities.
Iimpact of Material and immaterial property losses, including housing, communities, resettlement: production land, income-creating property and resources, subsidies, cultural places, social structure, network and ties, cultural characteristics and the mutual aid system.
Resettlement An action plan with the time table and budget which includes the resettlement plan: policies, objectives, rights, actions, responsibilities, monitoring and evaluation.
Disadvantaged Refer to the group of special people who can suffer from the bigger resettlement group: impact in the resettlement process.
5 2 Project Overview
2.1 Project context Shucheng County is located in middle west of Anhui province, lies at north latitude 31°01'~31°34' and east longitude 116°26'~117°15', and is close to the shore of Chaohu Lake on the east and the foot of Dabei Mountains on the west and between the Yangtze River and the Huaihe River. Shucheng is 54km away from Hefei, the provincial capital, on the north, 73km away from Lu'an city on the northwest, and 130km away from Anqing, the Economic Center in southwest Anhui and key Yangtze River port city, on the south. Hefei-Jiujiang railway and Shanghai-Chengdu expressway pass through northwest Shucheng. The Fengle River flowing through Shucheng County is an important branch of Chaohu Lake, and the drainage area is 2197km2. The Fengle River Shucheng Section is 55 km long, due to historical reasons, Fengle River is weak in flood resistance, the River channel is seriously polluted, and the general quality of water environment is low. In order to solve the current situation of Fengle River water pollution, from 2008 to now, Shucheng city has built and reformed 87.79km sewage network, the pipe network construction is mainly concentrated in new developed area, the sewage collection rate is low, and the untreated sewage and waste water seriously pollu Fengle River. In order to positively accelerate the water pollution prevention and water pollution treatment in Chaohu Lake area and improve the water quality of Fengle River, Shucheng government powerfully implements the reconstruction works of Shucheng sewage network. The phase-I works of Hangbu sewage treatment plant has been established in 2015 and now is in trial operation stage, the treatment capacity is 0.5 万 m3/d, the plant is located on the north part of intersection of Xinyuan Avenue and North Ring Road in Hangbu Town, and the sewage finally flows in the Minzhu River. Currently, the phase-I works of Hangbu sewage treatment plant has built 18km supporting sewage network. Due to incomplete supporting sewage network, the water inlet of phase-I works of Hangbu sewage treatment plant is only 3000m3/d - 4000m3/d, besides, some rainwater flows in the sewage treatment
6 plant along the joint pipeline in old urband, so the water inlet quality of sewage treatment plant is generally low and farly less than the designed water quality and cannot run in full load. Meanwhile, in Hangbu Town, besides the built sewage network, sewage in old urban is directly discharged into the water body without being treated and seriously pollutes Hangbu Rover, Hangzhou North Main Canal and Minzhu River in urban. The water quality index is of bad V level for a long time, the alga grows rapidly, and the River water is in eutrophication state. In summer, the River water becomes dark and smelly and seriously affects the use function of water body, and this seriously breaks the ecological environment and increases the pollution to Fengle River and Chaohu Lake in downstream. With continuous development of Hangbu Town and electronic science industry park, the water consumption is increased rapidly, and the sewage generation will also increased, so the scape of phase-I works of sewage treatment plant cannot meet the development of Hangbu Town in the following several years.
In order to repair the water quality of Fengle River, guarantee the environmental improvement and ecological safety of Fengle River drainage, and promote synchronous growth of Shucheng Hangbu economic effect, social effect and environmental effect, Shucheng People's Government decides to establish the Fengle River (Shucheng Section) Water Environment Improvement Project. 2.2 Project description The project will be devoted to the construction of urban infrastructure, in which a 5000m³/d sewage treatment plant and supporting accessory facilities are established, and the total length of new and reformed sewage collection pipe network is about 11.841km. Fengle River and branch River channel regulation works include dredging 4691m river channel and building a new Kongji inverted siphon. 2.2.1 Project overview of phase-II works and supporting pipe network works in sewage treatment plant in Hangbu economic development zone 1. Scale of sewage treatment plant
7 A 5000m³/d sewage treatment plant and supporting accessory facilities are established。 2. Site of sewage treatment plant:
The phase-II works of Hangbu sewage treatment plant is located in Shucheng Hangbu Economic Development Zone, and the north side of phase-I works of Hangbu sewage treatment plant is preserved with an open space. On the north part of intersection of Xinyuan Avenue and North Ring Road in Shucheng Hangbu, phase-I and phase-II works take up about 25.2mu, wherein phase-I works has acquired 21.9mu of land and phase-II works should additionally acquire 3.3mu of land. The geological position map is shown in attached figure 1. The tail water after the sewage treatment will be automatically discharged to the water system beside the plant in dry season, lifted by the tail water pump and directly discharged in Minzhu River on the west of plant area in rainy season.
3. Works environmental effect The pollutant discharge condition in Fengle River (Shucheng Section) Water Environment Improvement Project is shown in Table 2 – 1.
List of the reduction targets of the pollutants Table 2 - 1
Index COD BOD5 SS NH3-N TN TP Yearly reduction amount
Tons 547.5 310.3 383.3 45.6 45.6 6.4
2.2.2 Shucheng urban sewage network reconstruction project 1) Sewage network reconstruction works in Shucheng Economic Development Zone The content of this subproject is mainly the reconstruction to rain & polluted water separation on some current roads in Shucheng Economic Development Zone; sewage pipelines are re-laid along current roads such as North Gucheng Road (Sanlihe Road - North Longtan Road), Weier Road (North Gulou Street - South Longtan Road), South Longtan Road (Longjin Avenue - Weier Road), Jingsan Road (Sanlihe Road - Weier Road), and Weiyi Road (North Gulou Street - Jingyi Road), Jingyi Road (Longjin Avenue – Weier
8 Road), Jingsan Road (Weiyi Road – Weier Road) to collect sewage to the sewage treatment plant in Economic Development Zone; and the original rain & polluted water separation pipeline is only used as the rainwater pipeline. The pipe diameter of new sewage pipeline is d800mm, the total length is 6854m, and the construction way is pipe jacking. 2) Sewage network reconstruction works in Shucheng Chengguan Town The content of this subproject is mainly the reconstruction to rain & polluted water separation on some current roads in Shucheng Chengguan Town; sewage pipelines are laid along four roads such as current Shangdu Road (South Gucheng Road ~ Longjin Avenue), Guangsha Road (East Taoxi Road – Renhe Street), Qimenyan Road (Chunqiu Road – Longjin Avenue) and Longjin Avenue (Qimenyan Road – Fengle Road) to transmit the waster water in Nanxi to North of Nanxi River, and then discharge the sewage through Longjin Avenue – East Taoxi Road sewer main pipe to the sewage treatment plant at East Taoxi Road; transmit all district sewage to Nanxi sewage treatment plant for treatment according to the drainage special planning when the Nanxi sewage treatment plant is built and put into use. The total length is 4987m, and the construction way includes pipe pulling and pipe jacking. The layout of planned sewage network in this subproject is shown in Table 2 – 2. List of sewage network reconstruction project in Shucheng urban Table 2 - 2 Sewage network reconstruction works in Pipe diameter Pipe length 1.1 Pipe material Remarks Shucheng Economic (mm) (m) Development Zone Excavation Weiyi Road d400 90 HDPE construction "F" type steel socket Pipe jacking d800 1372 reinforced construction concrete Excavation Weier Road d400 48 HDPE construction "F" type steel socket Pipe jacking d800 2200 reinforced construction concrete Jingyi Road (Sanlihe Road "F" type steel Pipe jacking d800 260 ~ Weiyi Road) socket construction
9 reinforced concrete Jingsan Road (Sanlihe Excavation d400 54 HDPE Road – Weier Road) construction "F" type steel socket Pipe jacking d800 340 reinforced construction concrete South Longtan Road Excavation (Sanlihe Road – Weier d400 90 HDPE construction Road) "F" type steel socket Pipe jacking d800 730 reinforced construction concrete North Gucheng Road Excavation (Sanlihe Road – North d400 90 HDPE construction Longtan Road) "F" type steel socket Pipe jacking d800 380 reinforced construction concrete "F" type steel socket Pipe jacking d10000 1200 reinforced construction concrete Sewage network works in 1.2 main urban area Qimenyan Road (Chunqiu Excavation d400 100 HDPE Road – Longjin Avenue) construction "F" type steel socket Pipe jacking d800 2100 reinforced construction concrete Longjin Avenue Excavation (Qimenyan Road - Fengle d400 42 HDPE construction Road) "F" type steel socket Pipe jacking d800 704 reinforced construction concrete DN300 108 Q235-A Pipe pulling
10 construction Pipe jacking DN800 10 Q235-A construction Guangxia Road (East Excavation Taoxi Road – North d500 17 HDPE construction Hangzhou Main Canal) "F" type steel socket Pipe jacking d800 1354 reinforced construction concrete Pipe pulling d500 70 PE construction Excavation d400 263 HDPE construction Shangdu Road (South Pipe pulling Gucheng Road – Longjin d400 219 PE construction Avenue)
According to the opinion of construction unit, the Longjin Avenue temporary sewage lifting station is located on the south bank of Nanxi River and the southwest corner of Nanxihe Bridge on Longjin Avenue. This block is now a spare open space, the land usage is state - owned allocated land, and the pump station construction form is temporary integrated pump station. The lifting pump room is an integrated glass reinforced plastics (GRP) cylindrical structure. The GRP cylinder diameter is Ø3.0m. The designed flow of pump station is Qmax=38.37L/s, there are 2 submersible sewage pumps in the station, one pump is used and the other pump is for spare use, wherein one pump is RF pump. 2.2.4 Fengle River and branch treatment works Main content of Fengle River and branch treatment works is shown in Table 2 – 3. List of construction contents of Fengle River (Shucheng Section) treatment project Table 2 - 3 The dredging length is1650m, the designed River bottom gradient River dredging ratio si 0.5‰, and the dredging earth of River channel is about workload 19130m3 3 Remove 970m³ of stones, dig 43560 m of earth, fill 34040m³ of Moat treatment soil, and lay 9198m2 of ecological retaining wall, wherein the 3 River channel works C25 plain concrete amount is 6440m , and the marble balustrade is 3304m long. Set 3310m of River-side waterfront terrace footpath (2.5m wide), and arrange 7930m2 of greening belt along the River.
11 Flood discharging and Newly build a Ganzhexiang bridge controlling gate and a water storage works Ganzhexiang bridge distribution gate, install 2 controlling subgates Cross building on small east gate, remove and rebuild 2 foot bridges. The River dredging length is 1841m, the designed River bottom gradient ratio is 0.25‰, the average clearance depth is 0.7m, the River dredging average excavation depth is about 1.0m, the River channel workload clearance amount is about 44275m3, and the River channel clearance amount is 28875m3. Dig 44500m3 of earth, fill 61380m3 of soil, set 39500m2 of Fengle River 2 treatment River channel works greening area, protect 60000m of ecological slope, and newly build 2030m of concrete road (6m wide). Remove original aqueduct at the Kongji aqueduct of the Flood discharging gate downstream of Fengle River and build new Kongji inverted works siphon. Water storage works 2 works, rubber dam, 100m long
2.3 Overview of the project-affected area and the resettlement impact See table 2-4 for the main resettlement impact of the project. The main resettlement impact of the project Table 2 - 4 Serial number Category Unit Quantity Remarks Affected area Shucheng County Village, Hangbu Town town/street Administrative Zhuliuwei village Villagers' group Xiawan Collective land Total mu 3.3 requisition Including: cultivated mu 3.3 land Directly-affected People affected by land Household 7 people requisition People affected by land People 21 requisition
2.4 Project investment and implementation plan The estimated investment of this project is 15231.12 yuan, and it is planned to loan USD20,000,000 from ADB at the loan term of 22 years (including 2 years of construction period). Other funds will be collected by the construction unit. 2.5 Measures to reduce the impacts of land requisition and resettlement Shucheng Urban Construction Investment Co., Ltd. and the compiling unit of feasibility research conduct careful site selection work according to the principles of site-selection of the construction project and Asian Development Bank’s policies on
12 involuntary resettlement. Try to reduce the quantity of requisitioned land for the pumping stations. Meanwhile, all kinds of compensation measures are formulated for the people inevitably affected by the land requisition to reduce the negative impact of the project to the minimum. The pipelines are all constructed along the already-built roads and in the construction process, and the reasonable construction scheme is adopted to reduce the impact on citizens' activities, Arrange the construction period reasonably to reduce the impact of construction on the surrounding crowd. The part of pipeline construction does not involve the housing demolition or land requisition. The above measures minimize the project land requisition. The measures of reducing influence and the influence results are shown in Table 2-5. This optimizes and reduces 4.3mu of land requisition. Measures to reduce the impact and the impact results Table 2 - 5 Before the After the Difference optimization optimization Site description and Permane Permane Permane Tempor Tempor Tempor Item influence reducing nt land nt land nt land ary land ary land ary land measures requisiti requisitio requisiti use use use on n on (mu) (mu) (mu) (mu) Lay the pipe network Pipe along the built roads, no networ 0 0 0 0 0 0 land requisition and k resettlement 25.2 (the Sewage phase-I Optimized general works has treatme 29.5 0 0 4.3 0 layout acquired nt plant 21.9mu of land) 2.6 Goals of the Resettlement Plan The compensation and resettlement policies for the affected people are formed based on China’s laws and regulations and the Asian Development Bank policy briefs and requirements. The main objective of the resettlement plan is to recover the incomes and living standards of the affected people, give them reasonable compensations and make their production and living standards no lower than before. The needs of the poorest people and vulnerable groups (there is no disadvantaged group in the affected people in this land
13 requisition) in this land requisition and resettlement shall be paid special attention to. The primary goal of the resettlement plan is to relieve the adverse consequences brought by the project implementation and provide help to the affected people in their resettlement, incomes and livelihood restoration. Compensate the losses of the affected people reasonably through compiling the resettlement plan, mainly by the following several means: (1) In order to realize the goals of resettlement plan, in November, 2015 and December, 2015, Shucheng Urban Construction Investment Co., Ltd. organized an survey on the impacts of land requisition and then compiled the resettlement plan based on the survey. (2) On December 30, 2015, Shucheng Urban Construction Investment Co., Ltd. organized the public survey meeting about the project resettlement. The participants were mainly the affected villagers. At the meeting, the public participation questionnaire is distributed, and the project contents were introduced by the designing unit. The compiling unit of the resettlement plan emphatically introduced the impacts of the project and the treatment measures adopted. No affected villager had any adverse opinion on the project construction or resettlement.
14 3 Scope of land requisition and resettlement 3.1 The collective land requisition of the project 3.1.1 Collective land requisition The collective land requisitioned by the project is 3.3mu, which is completely the cultivated land. The land requisition affects 7 households and 21 people. See table 3-1 for the situations of the collective land permanently requisitioned. Amount of permanently requisitioned collective land Table 3-1 Number Land Of of Admini Unused Affected Natural requisiti which: Unused affected Town strative water(m population village oned(mu dry land(mu) househol village u) (people) ) land(mu) ds(house hold) Shuch eng Zhuliu Xiawan 3.3 3.3 / / 7 21 Hangb Wei u
3.1.2 Impact analysis of the collective land requisition The collective-owned land requisition for this project affects 1 villagers' group of Zhuliuwei administrative village, which is Xiawan natural village of Zhuliuwei administrative village. The Before land requisition, the land acquired household has 11.92mu of cultivated land, 3.3mu of which are acquired. The land requisition ratio of Xiawan villager is 27.68%. See situations of the project-affected rural collective land in table 3-2. Situations of the project-affected rural collective land Table 3-2 Hous Requisition Proportio Total Present ehold Fema ed n of populat Male Labor cultivated Villa amou le cultivated requisitio Group ion land ge nt land n Hous Peopl Peopl People People mu mu % ehold e e Zhul iuwe Xiawan 7 21 11 10 18 11.2 3.3 27.68 i
The collective-owned land requisition for this project affects 7 households and 21 people. For the 7 affected households, the average land loss rate is 27.68%, wherein the influence ratio of 100% affected households (7 households) is 10%~30%. There are no farmers losing all lands. See table 3-3 for the different proportions of land requisition.
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Different proportions of land requisition Table 3-3 Unit: Household Villa <10% 10% - 30% - 50% - 70% - 90% - 100% Subtotal Group ge 30% 50% 70% 90% Zhul Xiawan 0 7 0 0 0 0 7 iuwe 0 100 0 0 0 0 100% Ratio i
Different degrees of land requisition amounts Table 3-4 Unit: mu <10% 10% - 20% 20% - 30% Before Before Before Villag Group land Acquisitio land Acquisitio land e Acquisition requisitio n requisitio n requisitio n n n Zhuliu Xiawa 0 0 2.3 0.4 9.62 2.9 wei n
Different degrees of land requisition amounts are shown in Table 3-4. For the affected households who have 0.568mu of cultivated land in average, the land loss area of 7 households in Xiawan natural village is 10%~30%, personally, the per capita cultivated land is reduced from 0.568mu to 0.411mu. See Table 3-5. The land requisition affects about 7700 yuan per capita in average. The site investigation shows that because Shucheng Hangbu Town is located in the rural-urban fringe zone, the urbanization is developed rapidly, and more and more real estate businesses are introduced, the lands in all villages are continuously acquired, villagers are used to the land requisition and mainly engaged in building, transportation and service industries. The agricultural income only takes up 15%, and the income loss rate is 4.15%. This indicates that the agricultural income is not the main income of affected people for a long time. The analysis on influence of land requisition is shown in Table 3-6. Cultivated land ownership per capita before and after land requisition Table 3-5 Before Before Affected Requisitio After land After land land land Village Group population ned requisition requisition requisition requisition People Mu Mu Mu Mu/person Mu/person Zhuliuwei Xiawan 21 11.92 3.3 8.62 0.568 0.411
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Impact analysis of land requisition Table 3-6 Per Cultivat Ratio of Affecte Acquire Per capita Affecte ed land Acquisi Villag agricult d d Income capita agricult d before tion Group ural househo cultivat loss rate e income ural people acquisit ratio income ld ed land income ion Zhuliu Xiawa 7700 1155 15% 7 21 11.92 3.3 27.68% 4.15% wei n
3.2 The project’s temporary occupation of land The temporary land use has no effect. This project's temporary occupation of lands is 50.6mu, which is completely for the pipe network construction. According to the project design, burying of pipeline will not occupy too much space of the roads, and a traffic management plan will be implemented to ensure no access issues during project implementation. In addition, these temporary affected roads or green belts are state owned lands that don’t affect farmers’ cultivation, no house demolition or land requisition and don’t cause farmers’ economic loss. The expenses for the restoration of the road surface are listed in the project budget, the construction unit is charge of road restoration and vegetation planting. 3.3 The houses requisitioned by the project Shucheng Nanxi River Reconstruction Project is related to 19 resettlement households in Fengle River Treatment Project which is the subproject of Fengle River (Shucheng Section) Water Environment Improvement Project and acquires 791.694m2 of houses. The house acquisition contract was signed from July 25, 2015 to August 14, 2015. Only 1 of the house acquisition households has no the property right certificate and choose the monetary compensation form, other households choose the property right exchange form. The compensation funds have been paid to individual accounts by Shucheng House Acquisition and Compensation Management Office before the house acquisition and compensation agreement is signed, and Shucheng House Acquisition and Compensation Management Office has shown related certificates (see Attachment 8 for details). 3.4 Things immovably attached to the land According to the results of the site survey, the ancillary facilities on the land requisitioned for phase-II works of Shucheng Hangbu sewage treatment plant are mainly the telegraph poles, canals, roads for transporting, and so on. See table 3-7 for the situations of categories and quantitative distribution.
17 Ground attachments Table 3-7 Name Unit Quantity Remarks 380V electric line pole Pcs. 3 380V wood pole Pcs. 1 Canal m2 1200 Roads for transporting m2 700
3.5 Vulnerable groups affected by the project According to the purpose of this project, vulnerable groups include the disabled, households enjoying the five guarantees (the aged, the infirm, old widows and orphans who are taken care of by the people's communes in five ways: food, clothing, medical care, housing and burial expenses), female headed households, low-income groups(per capital net income less than 2000 yuan/year) and the minority. According to the survey, the affected people are all Han and there are no minority and vulnerable groups. In the implementation process of this project, the construction unit should keep tracking and monitoring. If vulnerable groups are discovered, the following safeguards should be in place: 1) Offer vocational training to workforce from the disadvantaged groups' family and provide employment information and guidance to increase their chances of employment. 2) In the process of project construction, workforce from the disadvantaged groups' family should be given priority to do nontechnical job. 3) Cooperate with Shucheng social labor and social security departments to set up special fund which is 1% of the resettlement expenses. 4) After the construction of the project, needy households can make application to get loan from local credit union under the help of local village's collective guarantee. Elderly person of no family and orphans who have no relatives to take refuge can make application of their own will. If they comply with the adoption qualification, local civil affairs department will arrange them to welfare house(nursing home).
In the process of this survey, there are not found vulnerable groups. If vulnerable groups are discovered in the implementation process of this project, the project implementation institutions will start the mechanism of helping and taking care of them.
18
4 Social economic information and situation
4.1 Situations of the cities and towns affected by the project Shucheng County is located in middle west of Anhui province, lies at north latitude 31°01'~31°34' and east longitude 116°26'~117°15', and is close to the shore of Chaohu Lake on the east and the foot of Dabei Mountains on the west and between the Yangtze River and the Huaihe River. Shucheng is 54km away from Hefei, the provincial capital, on the north, 73km away from Lu'an city on the northwest, and 130km away from Anqing, the Economic Center in southwest Anhui and key Yangtze River port city, on the south. Hefei-Jiujiang railway and Shanghai-Chengdu expressway pass through northwest Shucheng. Shucheng County is approximately olive-shaped and close to Lujiang County on southeast, Feixi County on northeast, Tongcheng and Qianshan counties on the south, Yuexi and Huoshan counties on the west, and Lu'an County and Jin'an County on the north. Hangbu Town is located in the hinterland of Anhui and on the west of Chaohu Lake and the east of Shucheng County as a combination part of Lu'an and Hefei and lies at north latitude 31º00'~33º00' and east longitude 117º06'~117º14'. The west-east length of Town domain is 12km, and the south-north width is 6km. Hangbu Town is close to Sanhe Town of Feixi County on the east, Fengzhen Town of Feixi County on the north by a River, Lujiang County on the north with being separated by Hangbu River, and Qianrenqiao Town on the west by Qiandashan River. Hangbu Town is 51km away from Hefei, the provincial capital, 21km away from Shucheng County, 8kmm away from Qianrenqiao Town, and 8km away from Sanhe Town of Feixi County. The construction sites of Fengle River (Shucheng Section) Water Environment Improvement Project are located in Shucheng Hangbu Economic Development Zone, Shucheng Chengguan Town, Fengle River and branch moat line thereof. In 2014, the whole county achieved 14,952,730,000 yuan of Gross Domestic Product (GDP), which is 899,200,000 yuan more than that in 2013, and the increase ratio is 7.0% according to comparable prices. Wherein the first industry increases 3,058,000,000 yuan and 4.6% than 2013; the second industry increases 7,151,360,000 yuan and 9.1% than 2013; and the third industry increases 4,743,370,000 yuan and 5.1% than 2013. The industrial structure adjustment rate in three times is
19 20.5:47.8:31.7, compared with that in 2013 (20.8:47.5:31.7), the rate of the second industry grows by 0.3%, the first industry reduces by 0.3%, and the third industry keeps the same. According to household population, the per capita GPD is 15076 yuan, which is 1022 yuan more than last year, and according to permanent resident population, the per capita GDP is 19700 yuan. In 2014, the total output of farming, forestry, animal husbandry and fishery in the whole county is 5,303,580,000 yuan, which is increased by 4.6% than 2013. The scale industrial enterprise achieves the increase of 4,591,670,000 yuan, which is increased by 10.0% than 2013. The fixed asset investment reaches 10,822,240,000 yuan, which is increased by 21.7% than 2013. The total retail sales volume of social consumable products is 6,009,140,000 yuan, which is increased by 16.6% than 2013. The financial income of the whole county is 1,324,080,000 yuan, which is increased by 18.6% than 2013. The per capita disposable income of town citizen is 19,759 yuan, which is increased by 9.8% than 2013. The per capita disposable income of country citizen is 8,410 yuan, which is increased by 11.3% than 2013. This project is related to Hangbu Town of Shucheng County. The social economic conditions of project affected area are shown in Table 4 – 1. Social economic conditions of project affected area Table 4-1 Per capita Financial Income of Land area Population GDP income of income town citizen Area farmer Ten-thousan Hundred-mi Hundred-mi Km2 Yuan Yuan d people llion yuan llion yuan Shucheng 2092 99.18 149.53 13.24 8410 19759 County Hangbu 111.7 5.69 11.00 0.510 7210 13400 Town
4.2 Investigation and analysis of the affected villages There is no minority in Xiawan natural village of Zhuliuwei Village in Hangbu Town of Shucheng County. The per capita income is around 7700 yuan, with the agricultural income only accounts for about 15%. Among the households affected by this project, there is no household enjoying the minimum living guarantee or other disadvantaged groups. Most of the villagers support the project construction. In the rapid development process of urbanization, the contracted lands of the affected households are continuously requisitioned. Villagers grow vegetables and crops on the remaining land for their own consumption. After the land requisition, part of the
20 affected people will make up their losses with other incomes by working in the near construction market or even other provinces. The project location is close to Shucheng Hangbu, in the urbanization process, the land of villagers is continuously acquired, and affected people are used to the land requisition. Due to the feature of land collective ownership, the distribution of land compensation fees for levied lands shall be distributed uniformly by village committee in accordance with all previous rules for levy of land combined with the decision discussed in villager representative assembly and in the principle of resident population. The social economic conditions of affected natural villagers in Zhuliuwei administrative village are shown in Table 4 – 2. Socioeconomic status survey of the affected villages Table 4-2 Per Househo househ Per capita Popula Cultivat Per capita net Shuche Administ ld Includin Labor old cultivated tion ed land income of ng rative amount g: (Peopl populat land (Peopl area farmers County billage (Househ female e) ion (mu/person e) (mu) (Yuan/person) old) (Peopl ) e) Hangbu Zhuliuw 938 3136 1980 1830 1467 3.34 0.468 7700 Town ei
4.3 Sampling investigation 4.3.1 Sampling proportion The sample investigation village of this project influence is Xiawan natural village of Zhuliuwei administrative village, this project affects 7 households, 6 of them are investigated and 1 of them is out-migrant for work. The sampling rate is 85.71%. 4.3.2 Population of the sample household There are 19 people in 6 sample households, including 12 labors 2 of whom are agricultural labors taking up 16.7% and 10 out-migrants for work, accounting for 83.3%. The population of sample household is shown in Table 4-3. There are 2 preschoolers among affected people, accounting for 10.53%, 10.53% affected people are 6-17 years old, 31.58% affected people are 18-35 years old, 31.58% affected people are 36-60 years old, and 15.78% affected people are above 60 years old. The age constitution of affected people is shown in Table 4-4. 5.26% affected people are illiterates, 31.58% affected people are at the primary school level, 52.63% affected people are at the middle school level and 10.53% affected people are at the university level. The cultural constitution of sample households is shown in Table 4-5.
21
Situations of the people of the sample households Table 4-3 Sample Total Agricult Outside househo populati Male Female Labor ural Rate Rate Villag work Group ld on labor e Househ Capita Capita Capita Capita Capita % Capita % old Zhuliu 6 19 10 9 12 2 16.7 10 83.3 Xiawan wei
Age composition of the people of the sample households Table 4-4 Preschooler 6 - 17 18 - 35 36 - 60 Above 60 Subtotal Village Group Capita Capita Capita Capita Capita Capita Zhuliuwei Xiawan 2 2 6 6 3 19
Education levels of the people of the sample households Table 4-5 Illiterate Primary Middle High school Subtotal Village Group school school Capita Capita Capita Capita Capita Zhuliuwei Xiawan 1 6 10 2 19 4.3.3 Family property Among investigated 6 households and 19 people, each household has 1.33 TV sets (total number of TV sets divided by investigated households), 1 refrigerator, 1.5 electric fans, 1 washing machines, 0.83 air conditioners, 1.00 landline telephones or mobile phones, 0.67 motorcycles and 0.5 tractors. According to the household property, the affected households are in middle living level. 4.3.4 Income and expense of the sample household The per capita annual income of sample households in this investigation is 11,655 yuan/person, and the income constitution of sample household is shown in Table 4-6, wherein the agricultural income only takes up about 12.21% of total income, other incomes mainly are work and three industries. Besides, the sample household also has other subsidiary businesses, operating and other incomes, this is adaptive to local industrial structure of combining agriculture with industry. Most females will work in near places to be convenient to take care of the family, and males generally work in factory or foreign places. The consumption expenditures of sample households are shown in Table 4 – 7.
Income Structure Composition of The Sample Households Table 4-6 Unit: yuan/year Item Minimal Maximum Average Rate Planting 1000 10000 4272 12.21% Fishing 0 0 0.00 0.00%
22 Poultry/livestock 0 4000 1424 4.07% feeding Industry 0 0 0.00 0.00% Building industry 0 0 0.00 0.00% Commerce and service 2120 16237 8568 24.50% industry Traffic and transport 0 10000 4167 11.92% industry Work income 12000 38000 14836 42.43% Other income 0 6000 1700 4.87% Total income 15120 84237 34967 100%
Consumer Expenditure and Deposit Table 4-7 Unit: yuan/year Item Minimal Maximum Average Rate Food 4000 12000 7300 23.34% Dress 1000 3500 2230 7.14% Education 0 7000 4000 12.79% Medical care 1200 3000 1600 5.10% Traffic cost 300 1200 750 2.40% Humanity expenses 800 5000 3000 9.60% Care for the elderly 500 4000 1500 4.80% Entertainment 0 1000 850 2.72% Fuel 200 800 450 1.44% Water and electricity 720 800 750 2.40% Telephone fees 480 1200 840 2.69% Others 0 0 0.00 0.00% Deposit 4000 20000 8000 25.58% Total 13200 59500 31270 100%
It can be seen from Table 4 – 7 that the average annual household consumption expenditure is about 31270 yuan/household, wherein 23.34% expenditures are food, 7.14% of expenditures are clothes, 12.79% expenditures are education and culture, and 25.58% expenditures are deposit. 4.3.5 Survey of the affected households’ views The investigation team also investigated the affected households' views at the same time of social economic investigation, the results are as follows: 5 households support this project, 1 household does not care, and no one disapproves this project; 2 investigated households think this project has no bad effect; 1 investigated households think the project will affect the traffic; 1 investigated households think the project will improve the environment; and 1 investigated households think the land requisition will affect the economic income. 6 investigated
23 households require the compensation for land requisition in cash, that is the commonly called monetary settlement, and there will be no land adjustment within the village group. 4.4 Gender analysis Among females, 11.11% females are preschoolers, 11.11% females are 6 – 17 years old, 22.22% females are 18-35 years old, 33.33% females are 36-60 years old, and 22.22% females are above 60 years old. The age constitution of females in sample household is shown in Table 4-8. 11.11% affected females are illiterates, 33.33% affected females are at the primary school level, 55.56% affected females are at the middle school level, and 0% affected females are at the university level. The cultural constitution of females in sample households is shown in Table 4-9. Age composition of the affected women Table 4-8 Preschooler 6 - 17 18 - 35 36 - 60 Above 60 Subtotal Village Group s Capita Capita Capita Capita Capita Capita Zhuliuwei Xiawan 1 1 2 3 2 9
Cultural composition of the women population of the sample household Table 4-9 Illiterate Primary Middle High school Subtotal Village Group school school Capita Capita Capita Capita Capita Zhuliuwei Xiawan 1 3 5 0 9
4.5 Ethnic minorities In the social economic survey of this resettlement, no family of ethnic minorities is found affected. Therefore, the problem of affecting the minority population does not exist in this project.
24 5 Legal framework and policies 5.1 Laws, regulations and policies for involuntary resettlement 1. Asian Development Bank policy (1) Safeguard Policy Statement, June 2009 (SR-2 for involuntary resettlement); 2. Chinese laws, regulations and policies (1) Land Administration Law of the People's Republic of China (implemented from January 01, 1999, first revised according to Decisions of State Council to Repeal and Modify Some Administrative Regulations on January 08, 2011, and secondly revised according to Decisions of State Council to Modify Some Administrative Regulations issued on the 54th executive meeting of the state council on July 9, 2014) revised on August 28, 2004); (2) Implementation Rules of Land Administration Law of the People's Republic of China (implemented from January 01, 1999, first revised according to Decisions of State Council to Repeal and Modify Some Administrative Regulations on January 08, 2011, and secondly revised according to Decisions of State Council to Modify Some Administrative Regulations issued on the 54th executive meeting of the state council on July 9, 2014) revised on August 28, 2004); (3) Announcement of Land requisition Measures (GTZYBL10#) (January 01, 2002); (4) Decision of State Council about Deepening Reform and Strict Land Management (GF[2004]28#) (October 21, 2004); (5) Instruction of Completing Land requisition Compensation System (GTZF[2004]238 号) (November 03, 2004);
(6) Pre-examination Management Measure for Construction Project Land (GTZYBL27#) (November 01, 2004); (7) Notice from Ministry of Labor and Social Security to Carry Out Employment Training and Social Guarantee Work Transferred by General Office of the State Council (GFB[2006]29#) (April 10, 2006); (8) Notice of State Council to Reinforce Land Regulation Issues (GF [2006]31#) (August 31, 2006); (9) Notice of Accelerating Adjudication System of Land requisition Compensation Agreement (GTZF[2006]133#) (June 21, 2006).
25 3. Policies of Anhui province (1) Implementation Rules of Anhui Cultivated land Reclaim Fee Acqhisition and Use Management (CZ［2001］1061#);
(2) Measures of Anhui government to implement Land Administration Law of the People's Republic of China (revised) (July 01, 2004); (3) Instructions of Anhui People's Government to Carry Out Employment Training and Social Guarantee of Land-Acquired Farmers (WZ[2005]63#); (4) Anhui Adjudication Law for Land requisition Compensation Dispute (WZB[2004]101#) (January 01, 2005); (5) Notice of Anhui People's Government about Adjustment of Anhui Land requisition Compensation Standard (WZ[2015]24# (March 10, 2015); (6) Notice from Ministry of Labor and Social Security to Carry Out Employment Training and Social Guarantee Work Transferred by General Office of the State Council Transferred by Anhui People's Government (WZB[2006]38#) (May 30, 2006); (7) Notice of Anhui People's Government Office to Print Management Measure of Anhui Land requisition Compensation Fund (WZB〔2010〕22#) (May 04, 2010); (8) Notice of Carry Out Implementation of Newly Acquired Land Compensation Standard (WGTZ[2012]166#); (9) Anhui Farmland requisition Tax Implementation Measure (2008); (10) Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Lu'an (LZ〔2006〕27#); (11) Lu'an People's Government: Notice of Lu'an People's Government to Adjust Compensation Standard of Houses and Other Attachments and Young Plant on Acquired Land in Lu'an (LZ [2013]7#); (12) SZ[2007]27#: Notice of Print Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Shucheng; 5.2 Asian Development Bank policy principals The two important fundamental elements of ADB’s involuntary resettlement policy requirement are (i) compensations replacing the lost properties, livelihood and income; and (ii) the assistance helping to restore the living standard no lower than the standard before the implementation of the project. Part or all of these elements will be triggered in the project involving involuntary resettlement. For any ADB project that
26 requires involuntary resettlement, the resettlement plan is part of the project design, which shall be handled from the initial stage of the project period, and meanwhile the following basic principles shall be considered: (i) Start systemizing the impacts of the project as early as possible, and identify the historic, current and future impacts and risks of the involuntary resettlement. Determine the scope of the resettlement plan through investigation or the census of the project-affected population, including gender analysis, especially the analysis relating to the resettlement impacts and risks. (ii) Set up the organization of appealing, understand the issues concerned by the affected people and study the solutions. (iii) Improve or at least recover the living standards of all the affected persons through the following measures:(1) if the resettlement population depend on the land for livelihood, adopt the land-based resettlement policy as far as possible; if losing the land does not affect the livelihood of the affected people, then cash or other forms of compensation according to the value of the land can be considered;(2) Compensate the property beyond recovery in time in full specified amount according to the price of re-acquisition;(3) If possible, provide extra incomes and services in the way of sharing the project revenue. (iv) Provide necessary support for the affected people, and provide the service infrastructure and community services according to the demands. (v) If the land is obtained in the way of negotiated settlement, relative procedure shall be formulated based on the principles of transparency, consistency and fairness to guarantee that the affected people participating in the consultation can maintain or improve their incomes and living standards. (vi) Formulate the detailed resettlement plan elaborating the rights and interests of the affected people, the policies to restore their incomes and living standards, related institutional arrangement, monitoring and reporting arrangement, budget, as well as the explicit implementation schedule. (vii) Before the approval of the project, release the draft of the resettlement plan(including the expression of the consultation process) to the affected people and other interested parties in the language and way the affected people can understand in time at proper places. Announce the final resettlement plan and its updated editions to the affected people and other interested parties. (viii) Deem the work of involuntary resettlement as part of the development
27 project or plan. When calculating the cost and benefit of the project, all the expenses needed by the resettlement plan shall be included. (ix) Monitor and evaluate the resettlement results, and inspect the impacts on the living standards of the affected people. Investigate whether the resettlement plan has achieved the expected effect combining the basal investigation and monitoring results. Announce the monitoring report. 5.3 Chinese laws, regulations and relevant policy provisions In this project, the Land Administration Law of the People's Republic of China is the main legal basis, meanwhile, the Ministry of Land and Resources and Anhui government also issue some similar policies and regulations, wherein main resettlement articles are shown in Table 5 – 1. The Decision of State Council about Deepening Reform and Strict Land Management (GF[2004]28#) issued in October 2004 clarifies the land requisition and settlement compensation principles, compensation standard, land requisition procedures and monitoring system. Similar laws include Instructions of Completing Land requisition Compensation System (GTZF[2004]238#), these legal documents are legal basis of the resettlement. Main articles in the above policies and articles used in this project are as follows.
28 Table 5-1 Abstract of the main clauses of the land management law and related policies Item main contents reference The People's Republic of China (PRC) implements the Socialist public ownership of land, that is the ownership by the whole people and the collective ownership by the working people. Land ownership Land management law, article 2 The nation implements the system of the compensated use of the state-owned land according to the law, except for the Transfer of the use right of the state-owned land within the scope of the law. If any individual or unit needs to use land in construction, the individual or unit must apply for the use of the state-owned land according to law;…… Land management law, article 43,44 if the construction-occupied land involves the transformation from Agricultural land to construction land, the procedures of Application for examination and approval of the Agricultural land transference shall be handled.…… construction land The people’s governments at all levels shall strengthen the annual plan management of land use and implement the total quantity Anhui Province implements the control of the construction land strictly. ,For those without the plan target of Agricultural land transference or exceeding the plan measures of The Land Administration target of Agricultural land transference, it is not allowed to approve their newly-added construction land. The saved plan target of Law of the People's Republic of China the agriculture land can be carried over to be used in the next year. (June26,2004), article 13 Requisition of basic cultivated land; requisition of the cultivated land more than 35ha. other than the basic cultivated land; and requisition of other land more than 75ha. shall be examined and approved by the State Council. the requisition of the land not included in the above provisions shall be examined and approved by the governments of Provinces, Land management law, article45 autonomous regions and municipalities directly under the central government, and shall be submitted to the State Council for Permission of reference. land requisition The land administrative departments of the people’s governments of the county and municipality draft the plan of agriculture land Anhui Province implements the transference, plan of supplementary cultivated land, plan of land requisition, and plan of land supply. After they are examined and measures of The Land Administration approved by the people’s governments of the municipality and county, report them level by level to the people’s governments with Law of the People's Republic of China approval authorities for approval. The requisition of forest land shall first obtain the approval of the administrative department in (June26, 2004), article 33 charge of forestry. The land requisition by the state shall be announced, organized and implemented by the local people’s government above the county level after it is approved according to the legal PROCEDURES. System of after the compensation plan for land requisition is determined, the related local people’s governments shall release the Land management law, article 46, 48, announcement of announcement and listen to the opinions of the land-requisitioned rural collective economic organizations and farmers. 49 land requisition the land-requisitioned rural collective economic organization shall announce the incomes and expenses of the compensation fees of the requisitioned land to its members and accept their supervision. Compensate for the requisitioned land according to its original use. the compensation fees for land requisition include the land compensation fee, resettlement fee, and the compensation fees for the ground attachments and green crops. The land compensation fee is 6-10 times the average annual production value of the land in Compensation the last 3 years before land requisition. the resettlement fee is calculated according to the agriculture population needing to be standard for land resettled which is calculated according to the quantity of the requisitioned cultivated land/the quantity of the cultivated land Land management law, article 47 requisition occupied per person in the requisitioned unit before land requisition. The standard of the resettlement fee for every agriculture person needing resettlement is 4-6 times the average annual production value in the past three years before the requisition of the cultivated land. But the resettlement fee for per hectare of the requisitioned cultivated land cannot exceed 15 times the average annual production value before the land requisition
29 Item main contents reference The user of the temporary-use land shall use the land according to the use purposes agreed in the temporary-use land contract, and Land management law, article 57 the user cannot build the permanent construction. The term for the temporary use of the land is usually no longer than 2 years. Temporary-use If the project construction and the geological survey need to use the state-owned land or collectively-owned land, it shall be Anhui Province implements the land examined and approved by the land administrative departments of the county and municipality where the land is located; the measures of The Land Administration Temporary-use land in the urban planning area shall first obtain the approval of the administrative department in charge of urban Law of the People's Republic of China planning before it is submitted for approval. (June26,2004), article 45
30 Table 5-2 The main terms and application for GF (2004) No.28, GTZF (2004) No.238 GF (2004) No.28-Improve the system for compensation and resettlement of land requisition GTZF (2004) NO.238 The local people’s government above the county level shall take practical measures to guarantee that the living standards of the land-requisitioned farmers will not decrease because of the land requisition. The land compensation fee, resettlement fee, and compensation fees for ground attachments and green crops shall be paid in full amount in time. if the land-requisitioned farmers cannot maintain their previous living standards after they are paid the land Formulation of the standard of unified annual Article 12 compensation fee and resettlement fee according to the existing legal provisions, or if the social security fees for the landless production Improve the farmers caused by land requisition cannot be sufficiently paid, the people’s governments of the province, autonomous region and Determination of the multiple of unified compensati municipality directly under the central government shall approve the addition of the resettlement fee. iIf the sum of the land annual production on measures compensation fee and resettlement fee reaches the legal limit but is not enough for the land-requisitioned farmers to maintain Formulation of the comprehensive price of for land their previous living standards, the local people’s government can use the income of the compensated use of the state-owned requisition land requisition land to supply subsidies. Allocation of the land compensation fee The people’s governments of the province, autonomous region and municipality directly under the central government shall formulate and announce the standard of unified annual production or comprehensive price of the requisition land of each county and municipality. The compensation price for land requisition shall be the same to the same lands. The national key construction project must list the land requisition fees in full amount into the rough calculation. The local people’s government above the county level shall formulate the detailed measures to guarantee the long-term livelihood of the land-requisitioned farmers. For the projects with stable returns, the farmer can become a shareholder with the right of use of the construction land approved Article 13 according to law. Appropriate Settlement of agricultural production within the urban planning areas, the local people’s government shall include the land-requisitioned farmers into the urban arrangement Settlement of job re-selection employment system, and set up the social security system; outside the urban planning areas, when requisitioning the farmers’ of land- Settlement of benefit-sharing compensation collective lands, the local people’s government shall reserve necessary cultivated land for the land-requisitioned farmers or requisitioned Settlement of relocated affected persons arrange corresponding working posts for them; the landless farmers don’t have the basic production and living conditions shall farmers be relocated. The labor and social security department shall raise the instructions on setting up the employment training and social security system for the land-requisitioned farmers as soon as possible. In the process of land requisition, the rights and interests of the farmers’ collective land ownership and the farmers' rights to the contracted management of land shall be protected. before submitting the land requisition for examination & approval according to law, notify the land-requisitioned farmers the Article 14 purpose, compensation standard and approaches of resettlement; the investigation results of the current status of the land Notification of land requisition Improve the planned to be requisitioned shall be confirmed by the land-requisitioned rural collective economic organizations and farmers; if Confirmation of the survey results of land land it is indeed necessary, the Ministry of Land and Resources shall organize the hearing according to related regulations. tThe requisition requisition related materials known and confirmed by the land-requisitioned farmers shall be the necessary materials for examination and Organization of hearing of land requisition process approval. Accelerate building and improving the organization of coordinating and judging the disputes on the compensation for land requisition and protect the legal rights and interests of the land-requisitioned farmers and land users. The land requisition matters approved shall be announced unless for special conditions. Article 15 The requisitioned land cannot be used forcefully if the compensation and resettlement of land requisition is not implemented.
31 GF (2004) No.28-Improve the system for compensation and resettlement of land requisition GTZF (2004) NO.238 Strengthen The people’s governments of the province, autonomous region and municipality directly under the central government shall the formulate the measures to allocating the land compensation fees in the rural collective economic organization according to the monitoring principle that the land compensation fees shall be mainly used for the land-requisitioned farmer households. and The land-requisitioned rural collective economic organizations shall announce the income, expense and allocation of the land regulation requisition fees to its members of the collective economic organization and accept their supervision. Ministries of agriculture of the land and civil administration shall strengthen the supervision on the allocation and use of the land requisition compensation fees requisition inside the rural collective economic organization.
32 5.3 Main differences between the Asian Development Bank policies and the Chinese laws 5.3.1 Land settlement compensation 1.Difference: the Asian Development Bank policies require the compensation that is sufficient for offsetting all the income losses and the recovery of the long-term potential of income creation. The Chinese standards are based on the annual value of production.
2. Solution: the solution at the early stage is to provide the substitution land, but the possibility of practice is relatively small. Cash compensation is the first choice for most people, although they cannot guarantee the reasonable use of the compensation fund. Therefore, Asian Development Bank’s further technical support is needed to monitor the incomes of the severely affected households, especially the disadvantaged households. And meanwhile, the local government shall provide help for those in need.
5.3.2 Consultation and announcement 1. Difference: the Asian Development Bank policy requires the full knowledge of the affected personnel, and the as early as possible consultation with them. The Chinese stipulation has improved the transparency of notice and compensation.
2. Solution: the consultation already began in the early phase (before and during the technical assistance period). The project office of Shucheng County agrees to announce the Resettlement Plan according to the requirement of Asian Development Bank.
5.3.3 Lack of legal right 1. Difference: some of the affected groups lack the official legitimate land ownership. This shall not be the obstacle of compensation. While according to the Chinese law, the illegal owner of the requisitioned land will not be compensated.
2. Solution: ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.
5.3.4 Resettlement monitoring, evaluation and report 1. Difference: Asian Development Bank requires the internal and external resettlement
33 monitoring. But the Chinese law has no such requirement except for the reservoir project.
2. Solution: all the projects loaned by Asian Development Banks set up the internal and external resettlement monitoring systems. These are all written in the resettlement plan. The requirements of the internal and external reports are specified in detail in the resettlement plan.
5.4 Compensation principles of this project According to the requirements of the laws, regulations and policies of the Chinese government and Asian Development Bank, the principles of compensation, rights and interests of this project are formulated with the aim of guaranteeing that the affected persons s obtain adequate compensation and assistance measures and their productivity and living standard can at least recover to the standard before the project begins. See Table 5-3 for the detailed resettlement principles of the project. Resettlement principles Table 5 - 3 Principle 1 If possible, try to avoid involuntary migrants The compensation and right obtained by affected people can at least keep the living level before the “No project” 2 state even improve the level. 3 Regardless of legal rights, affected people will obtain the migrant compensation and settlement assistance. If the land of each person after the land requisition is not enough to make a living, the acquired land should be 4 compensated by cash, actual objects for exchanging land, and other income-generating activities. Affected people shall fully understand the qualification and compensation ways and standards, living and income 5 recovery plans, and project time and join in the implementation of Resettlement project. The land requisition should not be performed before the affected people are satisfied to the compensation and 6 settlemtn (plan). 7 The execution organization and the independent/third party will monitor the operation of compensation. 8 The resettlement plan is the same as the general plan of project affected city (district, county) and town. 9 The resettlement fees will cover all affected sides fully and completely.
5.5 Compensation cut-off date The cut-off (expiration) date of defining the qualification of compensation is decided on June 30th, 2016. After the feasibility research is approved, the expiration date will be announced. The cultivated land newly reclaimed after the expiration date will not be
34 included in the compensation or subsidy scope. Any construction built or tree planted merely for extra compensation will not be included in calculation. 5.6 Determination of the compensation standard of the project's resettlement impacts 5.6.1 Collective land requisition According to the Land Administration Law of the People's Republic of China, the Instructions of Completing Land requisition Compensation and Settlement System, and related policies and regulations in Land Administration Law of the People's Republic of China implemented in Anhui, the farmland requisition compensation fees include land compensation fees, settlement allowance and young plant compensation fees. The collective-owned land requisition compensation standard in this project will be determined according to the Notice of Anhui People's Government to Adjust Anhui Land requisition Compenstion Standard (WZ〔2015〕24#). The details of compensation standard for collective-owned land requisition are shown in Table 5-4. Compensation standard for the collective land
Table 5 - 4 Uniform Cultivated land annual output Land compensation Resettlement subsidy Compensation standard of standard multiple multiple land requisition(Yuan/mu) (Yuan/mu)
1580 8.5 15.5 37920
The standard of crop compensation of the requisitioned land differs according to the conditions of land use. For the young plant compensation fees, the young plant compensation standard in dry land is 800 yuan/mu. The rural collective land acquisition fees shall be distributed to villagers evenly in accordance with habit for levy of land in Hangbu Town of Shucheng County.The land compensation shall be paid in place before land acquisition. According to field survey, although the agricultural economy in this area is quite developed, the management level of agricultural production in this project scope is poor
35 and extensive, this area is basically dry land and has two crops in a year, the standard cropping system is wheat-rice. Generally speaking, the wheat is produced 400kg/mu, with 2.4-2.8 yuan/kg, the profit is about 1000-1200 yuan/mu and the cost is 500-600 yuan/mu (fertilizers, pesticides and seeds). The production value and cost of the rice is similar with the wheat’s, which can be concluded that the average annual net income for cultivated lands is 1200 yuan/mu, the compensation standard of this project is 31.6 times more than the annual net income of the land, which indicates that the compensation standard in table 5-4 is formulated on the basis of the replacement cost. 5.6.2 Compensation for the attachments and infrastructure According to the replacement price principle and the notice of Lu'an People's Government about adjustment of acquired land and other attachments and young plant compensation standard in Lu'an city, the compensation standard of attachment and infrastructure in this project is determined on the basis of replacement cost, and the details are shown in Table 5 – 5. Standard of compensation for the attachments and infrastructure Table 5-5 Item Unit Compensation standard (yuan/unit) Electric line pole yuan/plant 300 Wood pole yuan/plant 50 Canal yuan/m 30 Roads for transporting yuan/m 15
5.6.3 Other expense standards See Table 5-6 for other expense standards in detail. Tax standards for project resettlement Table 5-6 Serial Item Standard for collecting fees Reference Accepting object number Management expense Calculated according to 4% of the Land and 1 for land requisition total land requisition fees Resources Bureau Expenses for scientific Calculated according to 3% of the 2 and research survey and Design department total land requisition fees design 3 Administrative Calculated according to 5% of the Resettlement
36 expenses total land requisition fees implementation organization Expenses for technical Calculated according to 3% of the 4 training total land requisition fees Expenses for external Calculated according to 4% of the External 5 monitoring and total land requisition fees monitoring unit evaluation Special security fees for Inside the urban planning area, Social Security 6 the land-requisitioned 30Yuan/m2; outside the urban GBF (2006) No.29 Office farmers planning area, 10Yuan/m2 Expenses for cultivated Land and 7 9Yuan/m2 WCZ (2001) No.1061 land reclamation Resources Bureau Calculated according to 10% of the sum of the land requisition fees and 8 Unexpected expenses design fees, management fees, training fees and monitoring fees Note: The project construction unit will cover all the expenses of taxation in the table, including total construction cost.
5.6.5 Vulnerable groups According to the purpose of this project, vulnerable groups include the disabled, households enjoying the five guarantees(the aged, the infirm, old widows and orphans who are taken care of by the people's communes in five ways: food, clothing, medical care, housing and burial expenses), female headed households, low-income groups(per capital net income less than 2000 yuan/year) and the minority. According to the survey, the affected people are all Han and there are no minority and vulnerable groups. In the implementation process of this project, the construction unit should keep tracking and monitoring. If vulnerable groups are discovered, the following safeguards should be in place: 1) Offer vocational training to workforce from the disadvantaged groups' family and provide employment information and guidance to increase their chances of employment. 2) In the process of project construction, workforce from the disadvantaged groups' family should be given priority to do nontechnical job. 3) Coperate with Shucheng social labor and social security departments to set up special fund which is 1% of the imresettlement expenses. 4) After the construction of the project, needy households can make application to get loan from local credit union under the help of local village's collective guarantee. Elderly person of no family and orphans who have no relatives to take refuge can make application of their own will. If they comply with the adoption qualification, local civil affairs department will arrange them to welfare house(nursing home).
In the process of this survey, there are not found vulnerable groups. If vulnerable groups are discovered in the implementation process of this project, the project implementation institutions will start the mechanism of helping and taking care of them.
37
5.6.6 Women-supporting measures Besides enjoying the land requisition compensation, women also enjoy special supporting policies:
(1) Preferentially obtain the employment opportunity, and 30% women in affected crowd will obtain the employments out of technicians;
(2) Having the preferential access to technical training. This project will carry out the agricultural technical training for affected persons covering 50 people, and the non-agricultural technical training for affected persons covering50 people, that is 100 in total, among which the female labor force is no less than 50 people (accounting for 50%);
(3) Affected women can obtain related information in the settlement process, and can join in fair consultation and resettlement. In the implementation process of resettlement, hold special women meeting to introduce migrant-related policy and improve the consciousness of women; and
(4) The compensation agreement must be signed by both of husband and wife.
5.7 Appropriation of compensation funds and time arrangement The land requisition and settlement compensation funds in this project will be paid by the project implementation organization. The compensation qualification identification deadline is June 30, 2016. The fund payment of this project will be performed according to the agreement signed by the construction party and the affected party. Before the land requisition, all land requisition compensation funds should be paid. 5.8 Compensation entitlement All the affected people will obtain the compensations for their affected properties according to the re-acquisition values of the properties. A matrix of rights of compensation (qualification) in Table 5-7 is made according to the compensation principles and compensation qualifications.
38 Table 5 - 7 Entitlement Matrix Influence type Influence degree Entitled persons Compensation settlement policy Implementing measures Compensation standard 1) Obtain the land requisition compensation cost, 2) The allocation and Preferentially obtain the project employment investment production All acquired lands are opportunity, 3) Obtain labor employment information measures (planting cultivated lands, Hangbu Town in for free, 4) Preferentially obtain the technical technology, irrigation including 3.3mu of Shucheng County, 1 training, 5) Preferentially obtain the labor output technology, and three Cultivated land Permanent rural collective-owned villagers' group in opportunity industry operation 37920Yuan/mu, green crop land land. Cultivated land Xiawan of Zhuliuwei Fund allocation way: 1) The rural collective land training) will be decided fee 800Yuan/mu; for ground requisition is 37920 Yuan/Mu, administrative village acquisition fees shall be distributed to villagers by villager meeting, and attachments, see Table 5-5. and the compensation 7 households and 21 evenly in accordance with habit for levy of land in the above level for crops is 800 right owners. Hangbu Town of Shucheng County. government approves Yuan/Mu; 2) The above-ground attachment and young plant and monitors the compensation fees will be obtained by the owner of proposal of villager above-ground attachment and young plant. collective. There are 50.6mu of The temporary land temporarily used land, 1) Compensate according to use time and loss, use should be The pipe network which are all road 1 town in Shucheng compensate the young plant fee and reclamation fee, informed in advance. construction breakage Temporary lines.2000 Yuan/Mu, Hangbu, affecting trip of and keep the use time not more than 1 year; and The land recovery is recovery fee has been land use the construction unit people in short term. 2) After the land requisition, recover original form of counted in the project is charge of road monitored by the land and provide suitable economic compensation. investment. restoration and farmer and local vegetation planting. bureau of land. 1) Obtain the preferential employment opportunity, and make sure 30% women obtain non-technician work opportunity, 2) Preferentially obtain free technical training, and make sure the rate of women The women union will to total population is 50%, 3) Make sure related Woman / 9 women provide acceptable information is obtained in the resettlement process, education to women and join in the negotiation of resettlement. In implementation of resettlement, hold special women meeting to introduce migrant-related policy and improve the consciousness of women. Telegraph pole is 300 1) The affected professional project will be Yuan/piece; wood compensated by the project unit and recovered by the pole is 50 Yuan/piece, 专业项目及地 property right unit, or reconstructed by the project water channel is 30 Property right owner 面附着物 unit according to original standard and scale; and Yuan/meter and 2) The ground attachment will be compensated tractor ploughing road according to related regulation. is 15 Yuan/meter 抱怨及申诉 / All affected people Free, the resulting reasonable fees will be paid by
39 Influence type Influence degree Entitled persons Compensation settlement policy Implementing measures Compensation standard contingencies of the project.
40 6 Resettlement plan and income restoration measures 6.1 Objectives, methods and principles of resettlement and restoration 6.1.1 Objectives of resettlement and restoration According to the implementation policy about involuntary resettlement in ADB and the requirements of related national laws and regulations, the total target of resettlement in Shucheng Fengle River (Shucheng Section) Water Environment Improvement Project is to recover the living level and production of affected people and improve the level as much as possible. Specifically: Compensation for all kinds of affected ground attachments according to the replacement cost; ·The infrastructure can be compensated for or recovered with the original function; ·The labor force affected by land requisition can be resettled properly, their long-term livelihood can be guaranteed, their living standards will not decrease but increase, and there will be no farmer who loses his/her sufficient source of income permanently because of land requisition. 6.1.2 Methods of resettlement and restoration Reasonable compensation for the requisitioned land, guarantee that the affected people will not lose their sufficient sources of income because of land requisition. ·Provide help for the affected labor force in their production and employment, guaranteeing that the long-term livelihood of the affected people will not be affected by the land requisition of the project. 6.1.3 Principles of resettlement and restoration
The overall process of the affected people participating in the resettlement. The land requisition and above-ground attachment compensation standard, fund distribution, settlement fund use and management, and production operation recovery measure must be joined in affected people or representative and confirmed by negotiation. The negotiation with affected people will be performed by holding representative meeting, affected community citizen or villager negotiation meeting. The rural collective land acquisition fees shall be distributed to villagers evenly in accordance with habit for levy of land in Hangbu Town of Shucheng County; any unit and
41 individual cannot stop and use others' compensation fund. 6.2 Resettlement of people affected by land requisition The influence of this project mainly is the permanent land requisition influence. The permanently Collective land requisition in this project is related to Xiawan villagers' group in Zhuliuwei administrative village of Hangbu Town of Shucheng County and the area thereof is 3.3mu all of which are cultivated lands, and this directly affect 7 households and 21 people 15% of land compensation fees will be used as pension security of land-acquired farmers and uniformly transferred in the pension security account of land-acquired farmer, and the settlement compensation fee will be directly distributed to affected households, any unit and individual cannot stop and use others' compensation fund. In the process of investigation and consultation, most affected persons think that the local residential environment and transportation conditions will be greatly improved and there will be more job opportunities after the implementation of the project. The project office of Asian Development Bank also promises that: 1) Carry out skill training for the land-lost farmers desiring employment universally; 2) The job opportunities produced during and after the implementation of the project will be preferentially arranged for the land-lost farmers, and the farmers will be employed officially. 6.3 Measures of restoration of the permanent requisitioned land of the affected villages According to the investigation result of income structure of land requisition affected household, the agricultural income only takes up 12% of total income of farmers, most farmers choose to work outside. By resettlement will sampling general investigation and the project area land requisition habit investigation, all affected household lands require the monetary compensation. After obtaining the compensation fund, the migrant will mainly invest the third industry and transport industry. In field investigation, all affected farmers welcome the project; affected households think the project implementation will improve local water environment and surrounding environmental sanitation and make their production and life convenient. All affected households requires monetary compensation for land requisition, this way is simple and easy to operate, and the affected household can freely choose to use the compensation
42 funds in recovery of production and life. The recovery plan of project construction land requisition will be make according to the influence degree, availability of residual land resource and will of affected people. Upon full negotiation with villagers' committee and migrant household in social economic investigation, different economic recovery ways are determined. As described above, most affected people are slightly affected and still have certain amount of cultivated land after the land is acquired, so all migrant households requires to directly obtain the monetary compensation. In our field investigation, almost all affected households welcome the project; affected households think the project implementation will improve local water environment and surrounding environmental sanitation and make their production and life convenient. All affected households requires monetary compensation for land requisition, this way is simple and easy to operate, and the affected household can freely choose to use the compensation funds in recovery of production and life. The permanent land requisition recover measures in this project mainly include the following 3 measures: 1. Direct monetary compensation. Strictly determine the land requisition compensation standard and land loss amount according to national and related local policies, and the rural collective land acquisition fees shall be distributed to villagers evenly in accordance with habit for levy of land in Hangbu Town of Shucheng County, and operate some non-agricultural production activities. 2. Transfer labors. The government can take some supporting measures to support the developments of some individual enterprises, such as labor-intensive enterprises like agricultural machine manufacturing and machining production, to create more employment opportunities. 3. Guarantee pension of land-acquired farmer. After meeting the Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Shucheng (SZ[2007]27# document) and Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Lu'an (LZ[2006]27# document), the land-acquired farmers are willing to join in the land-acquired farmer pension guarantee. Up to the end of October, 2015, land-acquired farmers in Shucheng County basically realize the “security before acquisition and required guarantee”. The rate of pension
43 insurance applicant among land-acquired farmers is 98%, and the distribution rate of pension insurance fund is 100%. Meanwhile, in the project construction process, the migrant implementation organization takes some measures to help and support migrants, including: (a) During the project construction, preferentially arrange works of migrants, which will bring monetary income for affected people. (b) Preferentially arrange affected people to the project with labor output within affected county scope. (c) In the whole migrant production recovery process, organize the technical training of affected people, such as the training in some economic crops planting and animal farming. Invite related technicians in agricultural department and labor guarantee department to the resettlement area to train some agricultural and planting skills, so that each affected household can accept more than one agricultural technical training and non-agricultural production technical training. These measures will improve the crop quality and yield, increase the economic income of affected people, and recover the livelihood of affected people. 6.4 Endowment insurance measures of the land-lost farmers The pension of land-acquired farmer will be carried out according to the Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Shucheng (SZ[2007]27# document) and Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Lu'an (LZ[2006]27# document). The land-acquired farmer in the regulation does not mean the agricultural population losing all land or per capita actual cultivated land area is less than 0.3mu after the land requisition within the urban planning district. The land-acquired farmer means the land-acquired farmer who are above 16 years old and join in the urban basic old-age pension insurance within the urban planning district and are all included in the land-acquired farmer old-age pension insurance scope. The land-acquired farmer old-age pension insurance fund is composed of two parts: collected fund and individual account fund. Sources of land-acquired farmer old-age pension insurance fund: (I) The government-funded part will be taken from the state-owned land use income such as state-owned land transfer income; and
44 (II) The villager (group) collective-funded part will be paid according to 15% of land requisition compensation fees. The individual account fund of land-acquired farmer old-age pension insurance is composed of the fund voluntarily paid by land-acquired farmer and the interest. The individual payment standards include three levels: the first level is 3,600 yuan; the second level is 6,600 yuan; and the third level is 10,800 yuan. Specific distribution standards are: (I) For the 3,600 yuan level of individual payment, pay 120 yuan for each person each month, including 90 basic old-age pension and 30 supplementary pension. (II) For the 6,600 yuan level of individual payment, pay 155 yuan for each person each month, including 100 basic old-age pension and 55supplementary pension. (III) For the 10,800 yuan level of individual payment, pay 200 yuan for each person each month, including 110 basic old-age pension and 90 supplementary pension. If the land-acquired farmer meets the age requirements in article 1 but not pay the individual payment, from the second month of specified age, each person will be paid with 80 yuan basic old-age pension each month. After the measure works, land-acquired people reaching the 60-year-old requirement for male and the 55-year-old requirement for female will get the pension from the next month. Zhou Zenghe, an affected household in this project, has 3 family members, the per capita actual cultivated land area is less than 0.3mu. They have joined in Shucheng land-acquired farmer pension insurance. 6.5 Affected people taking skill training The project unit will coordinate with the agricultural and social guarantee department to train affected villagers, especially directly affected labor to improve the income-generating ability. The training allowance will be paid from the training budget and mainly includes: pre-post training and occupational skill training, and other skills. Training target: train affected people according to actual demand, different natural environmental features and influence degrees to help them recover and improve labor skills. These training can release the influence caused by land requisition, and the living standard of affected citizen will also be increased to certain level even recovered to original level. Training object: affected farmers needing to recover normal life. Under possible conditions, at least two people (one male and one female) in each affected family can be trained.
45 The training demand depends on the settlement recovery way preferred by the migrant and aims to change traditional employment idea of migrants and establish correct occupational scene and handle necessary labor technologies and skills. In the project influence area, the agricultural industry income only takes up about 15% of total income, so training affected people in non-agricultural skills and improving their employment skills are important measures and methods to improve their employment ability and employment rate. Shucheng Hangbu Labor Guarantee Office undertakes the land-acquired farmer training and re-employment work by making training plans, scientifically setting the training courses, implementing the half-year report system, and adjusting the training plan in time according to the employment demand. The training includes, pre-post training and occupational skill training. The main content of pre-post training include training related to national employment situation, employment policy, labor benefit protection and occupational morality; and the occupational skill training is irregularly performed according to post demand, mainly including non-agricultural technical training like dress making. The training plan details are shown in Table 6-1.
Table of the employment training plan in the project-affected area Table 6-1 Training Traini Costt(1 Fund Training population Training Responsible District Town ng 0000Yu arrange- time (person-time/ content unit object an) ment year) Shucheng Affect Bureau of Govern Dress 2016.6, ed Human ment 30 making 5.0 2016.9 house Resource and budget training hold Labor fund Guarantee Building Shucheng employ Affect Bureau of Govern Hangb ment Shuchen 2016.6, ed Human ment u 30 training 5.0 g County 2016.9 house Resource and budget Town and hold Labor fund dinner Guarantee training Shucheng Bureau of Govern Human ment Other irregular training 40 5.0 Resource and budget Labor fund Guarantee
6.6 Women benefit protection
46 In the resettlement plan preparation stage, the investigation group organized women to positively join in the investigation of project influence and achieved their ideas about income recovery plan. Women support the project construction and think the project construction is helpful to utilize water resources, prevent pollution of water source, reduce disease infection, protect people's health, and reduce medical fees. The project land requisition releases women from land, and after obtaining the monetary compensation, women can preferentially obtain training opportunities in project employment, dress making technology and dinner. According to the will of women, in the project implementation process, 30% women are guaranteed to obtain the non-technician employment opportunity. Besides, women will get the same reward at the same job. In the technical training side, affected women labor will be preferentially considered to guarantee their economic position and economic income. The training migrant population is 100, including not less than 50 women labors (50%). Meanwhile, affected women can obtain related information in the settlement process and can join in fair consultation and resettlement. The compensation agreement must be signed by both of husband and wife. In the resettlement implementation, special women meeting is held to introduce related policies and improve the consciousness of women. 6.7 Assistance measures for the vulnerable groups According to the purpose of this project, vulnerable groups include the disabled, households enjoying the five guarantees(the aged, the infirm, old widows and orphans who are taken care of by the people's communes in five ways: food, clothing, medical care, housing and burial expenses), female headed households, low-income groups(per capital net income less than 2000 yuan/year) and the minority. According to the survey, the affected people are all Han and there are no minority and vulnerable groups. In the implementation process of this project, the construction unit should keep tracking and monitoring. If vulnerable groups are discovered, the following safeguards should be in place: 1) Offer vocational training to workforce from the disadvantaged groups' family and provide employment information and guidance to increase their chances of employment. 2) In the process of project construction, workforce from the disadvantaged groups' family should be given priority to do nontechnical job.
47 3) Coperate with Shucheng social labor and social security departments to set up special fund which is 1% of the imresettlement expenses. 4) After the construction of the project, needy households can make application to get loan from local credit union under the help of local village's collective guarantee. Elderly person of no family and orphans who have no relatives to take refuge can make application of their own will. If they comply with the adoption qualification, local civil affairs department will arrange them to welfare house(nursing home). In the process of this survey, there are not found vulnerable groups. If vulnerable groups are discovered in the implementation process of this project, the project implementation institutions will start the mechanism of helping and taking care of them.
6.8 Infrastructure recovery scheme The affected special facilities and ground attachments are to be restored and rebuilt by the property owner unit after the project unit compensates the property owner unit. With the principle of not affecting project construction and reducing migration, the affected public utilities are to be removed by the project implementation unit according to the project construction drawing. For the migration of affected pipelines, the project implementation unit shall rebuild firstly and then remove without affecting the normal lives of the residents along the line. Besides, for the production and living facilities this project construction will affect, at the project investigation and design stage, the design unit conducted many investigations on the possible impact of the project construction on the production and lives of the local residents, and adopted the forms of symposium and questionnaire to take advice from the local people’s governments at all levels, relative departments, social communities and local residents. Most of these opinions are embodied in the project design.
48 7 Information disclosure, consultation and participation In order to practically and reliably carry out the resettlement work of Fengle River (Shucheng Section) Water Environment Improvement Project loaned from ADB, maintain legal benefit of migrants and reduce complaint and dispute, this project emphasizes the migrant participation and negotiation, the resettlement project is prepared on the basis of full negotiation and public information of affected crowd. Therefore, in the project planning, design and implementation process, Shucheng Urban Construction Investment Co., Ltd., the project settlement office (Shucheng construction leadership group of Fengle River (Shucheng Section) Water Environment Improvement Project), Anhui City Construction Design Institute, and migrant report compilation unit negotiate the commonly-cared issues with all consultation organizations by using social economic investigation and social influence evaluation opportunities, widely advertising the basic condition of this project by all ways and asking opinions of all types of affected people. The public participation and negotiation result provides basis for completing the resettlement plan. 7.1 Public participation and consultation activities already carried out so far For great issues related in resettlement planning stage, the project office will organize the design unit, consultation organization, environmental evaluation organization, local settlement department and affected population to disclose information and make negotiation by all ways. Main disclosure and negotiation activities developed up to now are shown in Table 7-1. After November, 2015, the representative team of Asia Development Bank identifies the content of this project. The migrant report compiling unit and Shucheng Urban Construction Investment Co., Ltd. Interview affected people and obtain the following conclusion upon several interviews: First, the visited object positively evaluates the project construction and highly expect all positive effect of this project. For example, most people support the project construction. Most people think the project can bring employment opportunities, improve local environmental quality, accelerate local economic development, promote local investment environment, protect the benefit of local women, and make the family life better and better. Meanwhile, they should require the government to accelerate the progress of project
49 construction. Second, the interview also find that affected people pay much attention to the compensation and settlement, especially to the compensation standard and settlement policy. According to these conditions, in the project preparation and implementation process, Shucheng Urban Construction Investment Co., Ltd. and other related organizations introduce the project condition, especially advertise national land requisition policy and specific measures of Lu'an and Shucheng to implement the national policies, disclose the project related information, and implement the resettlement policies by lots of ways such as issuing the Resettlement Information Manual, attaching the land requisition compensation policy document and holding the villaegers' representative meeting.
Table 7-1 Negotiation time schedule with affected population Negotiation content Time schedule participant Further advertisement of land Shucheng Urban Construction Investment Co., requisition compensation October, 2016 Ltd., resettlement plan compiling unit, representative of affected population policy Shucheng Project Office, Shucheng County Development and Reform Commission, resettlement plan compiling unit, Shucheng Department of Land and Resources, Shucheng Settlement way and specific October, 2016 to Bureau of Labor and Social Guarantee, November, 2016 implementation plan Shucheng Women's Federation, Shucheng Agriculture Committee, Shucheng Civil Affairs Bureau, Hangbu Land and Resources Office, village, group and affected population. Shucheng Project Office, Shucheng County Development and Reform Commission, resettlement plan compiling unit, Shucheng The whole process Department of Land and Resources, Shucheng Recovery of affected of project Bureau of Labor and Social Guarantee, infrastructure implementation Shucheng Women's Federation, Shucheng Agriculture Committee, Shucheng Civil Affairs Bureau, Hangbu Land and Resources Office, village, group and affected population. The whole process Shucheng Urban Construction Investment Co., Problems shown in project of project Ltd., resettlement plan compiling unit, implementation process implementation representative of affected population The whole process Shucheng Urban Construction Investment Co., Collect suggestions and of project Ltd., resettlement plan compiling unit, complaints implementation representative of affected population
7.2 Plan of consultation with the affected people in the future In Shucheng Project Office, the implementation organization will further develop the
50 negotiation activity and the main negotiation content includes: ·Specific opinion of land requisition compensation policy of affected people; ·Compensation and payment progress of land requisition affected household; and ·Other problems cared by affected population. The time schedule for next negotiation of all settlement offices and affected population is shown in Table 8-2. In Shucheng Project Office, the implementation organization and basic group within affected area can irregularly hold negotiation meeting in terms of problems to be negotiated and reflect conditions to ADB project in report form. Besides joining in the negotiation activity organized by the ADB project, the monitoring department will also independently negotiate with affected population, collect their complaints and suggestions and provide monitoring information to all resettlement departments. 7.3 Feed back of public participation and consultation opinions Table 7-2 and Table 7-3 reflect the feedback information of public participation and consultation opinions. Public participation process
Table 7-2 Participa Target Way Time Unit Topic nt 1) Check problems, and Shucheng Project Office, Represe confirm final influence Recheck Shucheng County ntatives 2) List of acquired land field Septem of Development and Reform of all 7 and loss asset of investigat ber, physical Commission, Land and affected migrants ion 2016 quantity Resources Bureau, and househol 3) Prepare basic contract town and village leaders ds of compensation agreement Represe Land Village Shucheng Project Office, Shucheng County ntatives Disclose the land requisitio bulletin October Development and Reform of all 7 requisition area, n and , 2016 Commission, Land and affected compensation standard announce villagers' Resources Bureau and househol and settlement way ment meeting town and village leaders ds Represe ntatives Announc of all 7 ement of affected land Village Shucheng Project Office, Shucheng County househol requisitio bulletin October Development and Reform ds, the Compensation fees and n and , 2016 Commission, Land and compens payment way compensa villagers' Resources Bureau and ation tion and meeting town and village leaders agreeme settlemen nt is t signed by both
51 sides of husband and wife. Determin ation of Shucheng Project Office, Represe income Villagers' Shucheng County ntatives Discuss final income recovery meeting October Development and Reform of all 7 recovery plan and plan and (several , 2016 Commission, Land and affected compensation fund use implemen times) Resources Bureau and househol plan tation town and village leaders ds thereof Women Bureau of Labor Training Villagers' 2016.5~ not less Discuss the training Guarantee, town and plan meeting 2016.9 than demand village leaders 50% 1) Resettlement progress and influence Septem 2) Compensation funds Villagers ber All Monitorin payment -attended 2016.-A Town and village leaders affected g 3) Information meeting ugust people disclosure 2019. 4) Production and living recovery
Situations of public participation and consultation Table 7-3 Item Problem Problem cause and result Improvement measure The Fengle River (Shucheng Section) Water Environment Comprehensive Reduce the land requisition as Treatment Project construction will Some villagers lose some land much as possible in the project acquire some cultivated land for phase-II design process Land works construction of Hangbu sewage requi treatment plant sition All related departments should Due to information blockage, most The land-acquired household determine affected crowd in time, affected people do not obtain cannot arrange their future life and use the broadcast and villagers' project-related information from legal in time group ways to deepen understand channels. the project In November, 2015, Shucheng The compensation fund People pay much attention to Urban Construction Investment payment and distribution compensation fund standard and Co., Ltd. has hold the public directly relate to future living distribution time participation investigation meeting way of affected people and read related policies In the compensation funds Com distribution process, strictly pensa disclose the system and property tion Some villagers are worried like compensation standard, after fees about that the compensation the compensation funds are Distribution form of compensation fund fund cannot be taken in full determined, announce it on bulletin and some fund may be board, accept participation and stopped monitoring of affected people, and directly distribute the compensation fund to affected people in the form of passbook. The construction vehicle will Envir generate noise pollution in the Limit the car speed in construction Noise pollution generated by the project onme construction process and site, and forbid using whistle at construction nt influence villagers close to the night road Grou Groups affected by the project fully join Affected crowd should fully Issue the resettlement information
52 p in all links of the project enjoy the project benefit, and manual, establish the opinion partic enhance the activity of all complaint and feedback channel ipatio governments and crowds like complaint line and opinion n box, and hold the symposium including project office, villager committee representative and affected people for several time to negotiate and solve problems 7.4 Ways of the affected people’s participation in the consultation during the implementation period (1) Direct way ① Affected people symposium Discuss with representative or leader of affected people, collect central problems cared by affected people, ask their opinions, and get suggestions of local government and settlement department in terms of these problems. ② Land requisition consultation meeting The land requisition consultation meeting is held by the project resettlement office to introduce details of compensation way to affected people for selection of affected people ad ask their opinion, which will be specifically expressed in Resettlement project. After the land requisition consultation meeting, the worker will come to household, fully negotiate with affected people and sign the “land requisition compensation and settlement agreement”. (2) Indirect way The group reflects complaints, opinions and suggestions to the village committee and the monitoring department, and the settlement office feeds back the solution according to the processing procedure. 7.5 Policy announcement and the Resettlement Information Manual In order to make all affected people to timely and fully understand the policy and implementation rule of resettlement of this project and actually realize opened, fair and transparent resettlement works, all project settlement organizations will take the following measures to guarantee openness of resettlement policies: (1) After ADB approves the resettlement plan, disclose the final resettlement policies and standards of this project on Lu'an Daily or other local media in Shucheng; (2) All affected villages disclose the affected conditions, compensation standard, settlement measure and complaint of this village in front of village leaders or other public occasions; (3) After ADB approves the resettlement plan, place the Resettlement Information
53 Manual of this project at Shucheng Urban Construction Investment Co., Ltd. or other public places, all affected people can read it at any time. The affecting situation of each affected family, applicable resettlement policy and compensation standard, women’s rights protection, declaration of project implementation institutions to affected people, contact details and office places of the officers in charge of land acquisition and the procedures of solving the dissatisfaction and complaints of the affected people in the project implementation progress and so on are listed in detail in the Resettlement Information Manual.
54 8 Organization of Grievance and appeals Resettlement is a complex work. The land requisition and resettlement involve many aspects and are related to the vital interests of the affected persons. Therefore, in the detailed implementation process, it is inevitable that the affected people have some opinions, dissatisfaction or complaints on the resettlement and compensation. In order to guarantee that the complaints of the affected people can be solved quickly and satisfactorily, Shucheng Urban Construction Investment Co., Ltd. will establish a set of transparent, simple and easy dissatisfaction and complaint collection and processing procedure so as to subjectively, fairly and efficiently process dissatisfaction of people and guarantee smooth performance of resettlement. 8.1 Ways of collecting dissatisfaction and complaints (1) Reports from community, village committee or Project Office, including people's complaint, progress, working measure and problems. (2) The construction unit reports the construction journal to the owner construction unit every day, mainly including the crowd influence on construction reflected by the construction unit. (3) Related information reflected by external monitoring organization. (4) Mails and visits from affected people. (5) Condition reflection of owner unit assigned organization-working station. (6) Related topic problem reflected in audit and discipline inspection departments. (7) Income and expenditure of resettlement fees collected from fund appropriation list of opening bank. (8) Internal monitoring exclusive investigation. 8.2 Process of complaining and appealing Stage I: Affected object shows oral or written dissatisfaction to village committee or Project Office. In the case of oral dissatisfaction, the village committee and Project Office must make written record and replay the dissatisfaction in 2 weeks. In the case of large problem which should be reported to upper-level settlement office, the replay of upper-level settlement management department should be obtained in 2 weeks. Stage II: If the replay in stage I does not satisfy the complainer, the complainer can make an
55 appeal to the project office in one month from the day of receiving the decision in stage I, and the project office should solve the appeal in 3 weeks. Stage III: If the affected object is still dissatisfied with reply of Project Office, he can also make an appeal to the management office of Shucheng Urban Construction Investment Co., Ltd. in one month from the day of receiving the decision in stage II, and make a replay in 4 weeks. 8.3 Principles of handling complaints The Project Office must investigate and study the complained problems of crowd in site, fully ask their opinion, negotiate with the crowd patiently and repeatedly, and subjectively and fairly propose solutions according to national laws and all principles and standards in settlement plan. For complained problems that cannot be solved, the project office should report the upper-level resettlement department in time and assist it in investigation. If the decision organization in previous stage does not reply the complained problem, the complainer has the right to make an appeal. In the resettlement process, women may have their special complaint and appeal, so the Project Office plans to hire at least 1 female worker in each group to process women' complaints/ local government and non-governmental organization such as civil affair bureau and women federation should also monitor the resettlement activity and guarantee the benefit of affected people, especially the benefit of women. 8.4 Contents and modes for replying complaints 8.4.1 Contents for replying complaints (1) Brief description of dissatisfaction of complainer. (2) Result of investigation fact. (3) Principle and standard of settlement action plan according to related national regulation. (4) Processing opinion and specific basis. (5) The complainant also has the right to appeal to the superior resettlement department, 8.4.2 Modes for replying complaints (1) For individual complained problems, the replay will be directly sent to the complainer in written form.
56 (2) For frequent complained problems, the town of complainer will be informed in the form of holding villagers' meeting or sending documents. Regardless of reply way, the replay material must be sent to the department of complainer. 8.5 Record and tracking feedback of complaints and appeals During the implementation of settlement action plan, the acquisition and resettlement department should register and manage the complaint material and processing result and report the result to the resettlement department of Shucheng Urban Construction Investment Co., Ltd. once a month. The resettlement department of Shucheng Urban Construction Investment Co., Ltd. will regularly check the complaint processing and registration conditions. In order to completely record the solution of complaint and related problem of affected people, The resettlement department of Shucheng Urban Construction Investment Co., Ltd. makes a registration table of solution of complaint and appeal from affected people. The table form is shown in Table 8-1. Registration form of complaints and appeals of resettlemen Table 8-1 Receiving Time: Location: unit: Complainant Content of Solution required Proposed Actual name complaint solution settlement situation
Complainant Noter (name) (signature) Note: 1.the recorder shall record the contents and requirement of the statement of the complainant faithfully; 2. In the complaint process, the complainant shall not have any interference and obstruction; 3. The complainant shall be replied with the planned solution within the time limit. The main contents of this chapter will be announced in public to the project-affected people, and will be delivered to every affected-household in the form of publicity materials before the implementation of resettlement. 8.6 Contact information for complaining and appealing The project resettlement implementation and execution organization office assign main responsible people to collect and receive complaints and appeals of affected people. The name of responsible person, office address and contact phone are shown in Table 8-2.
57 Information of institutions and personnel receiving the complaints and appeals of the affected people Table 8-2 Office Contact Address Phone number person Shucheng Urban In the County Government Office Construction Zhao Jinping Building in Shucheng, Lu'an, 13956101567 Investment Co., Ltd. Anhui, China Project migrant Zhang Close to Shucheng Taoxi Road 0564 - 8621273 implementation Mingming 46# organization Hangbu Town in Jiang Zhiquan Shucheng Hangbu People's 13966257771 Shucheng County Government Shucheng Hangbu Li Guangyu Shuchenng Hangbu 13085032001 Zhuliuwei Zhuliuweiadministrative village committee
8.7 ADB's Accountability According to the requirements of further strengthening accountability in ADB’s policy documents, the accountability is set up two mutual independent and complement procedures: 1. Consultation Stage: it is taken charge by one special project coordinator to flexibly solve the problems for the local people affected by ADB’s funding project through all informal ways; 2. Compliance Audit Stage: it is taken charge by compliance audit group to investigate the behaviors which caused or may cause injures to the people affected by complained business policies and procedures that break ADB’s funding project. The appeal must be submitted in written form, stating the names, address and contact details of appealers and their representatives. The appealers shall choose to firstly start the problem solving procedures or compliance audit procedures, if the appealers give up, their ongoing processes will be terminated immediately.
58 9 Resettlement organizations
9.1 Organization structuring In order to do resettlement work of the Water Environment Improvement Engineering of Fengle River (Shucheng Section), governments of all levels in Shucheng County first strengthens the building and capability of the organizations to guarantee that the preparation of the project and the resettlement work can go smoothly.. From March 2015, all related organizations of resettlement work in Fengle River (Shucheng Section) Water Environment Improvement Project are set and the responsibilities of all institutes are clarified. The main organizations of this project relating to the resettlement activities are: (1) The project implementation office of the water environment improvement of Anhui Chaohu Lake Basin loaned by Asian Development Bank (2) ADB loan project working group office of Shucheng People's Government (Shucheng County Development and Reform Commission) (3) Shucheng Urban Construction Investment Co., Ltd. (4) Shucheng Department of Land and Resources (5) Project resettlement implementation organization (6) Hangbu Town Government (7) Zhuliuwei village committee (8) External monitoring organization of resettlement The project implementation organization Shucheng County Development and Reform Commission and Hangbu Town Government Officers promise to provide compensation and help to land-lost farmers, including providing non-agricultural technical training and working chances during project construction and operation. 9.2 Responsibilities of organizations at all levels 9.2.1 The project implementation office of the water environment improvement of Anhui Chaohu Lake Basin loaned by Asian Development Bank Responsible for making decisions and leading the construction of this project. 9.2.2 ADB loan project working group office of Shucheng People's Government (Shucheng County Development and Reform Commission) (1) Responsible to contact with ADB loan project working groups in Anhui province and Lu'an people's governments, Asia Development Bank and related functional
59 departments (2) Responsible for all plans related to resettlement in the project, and make the application agreed and approved by related national, Anhui and Lu'an departments (3) Responsible to check and guide the project implementation unit 9.2.3Shucheng Urban Construction Investment Co., Ltd. (1) Entrust the resettlement consultation organization to make early preparation of resettlement (2) Responsible for the coordination work between the consultation company and other organizations during the project preparation period (3) Coordinate the implementation progresses of the project construction and resettlement plan. (4) Report the resettlement fund plan to Lu'an finance department and monitor the fund payment (5) Coordinate the work of the resettlement-related organizations. (6) Responsible for raising the project resettlement fund. (7) Responsible for the appropriation of the resettlement. (8) Responsible for the implementation work of resettlement of the project in detail. (9) Responsible for tracking, supervising and urging the appropriation of the resettlement fund of this project in place. (10) Responsible for the complaints and appeals of the immigrants during the resettlement process. (11) Responsible for cooperate in the work of the external monitoring organization of resettlement. (12) Responsible for the collection and neatening of all kinds of materials needed for the internal monitoring report of this project. (13) Responsible for the management of the resettlement files of this project. (14) Train the responsible person of the resettlement of the project. (15) Responsible for applying to the related departments for the land use planning permission and the land use construction permission. 9.2.4 Land and Resources Bureau of Shucheng County (1) Coordinate with related departments to make all policies in resettlement project (2) Fully responsible for the land requisition affairs (including the social insurance of land-acquired farmer)
60 9.2.5 Project resettlement executive organization (the housing and urban-rural construction bureau of Shucheng County) (1) Implement the first-phase preparation work together with the resettlement consultative organization. (2) Responsible for formulating the detailed implementation policies of the resettlement plan in detail. (3) Report the resettlement implementation progress to ADB loan project leadership group of Lu'an People's Government (4) Report the communication and coordination with other departments in resettlement implementation process to ADB loan project leadership group of Lu'an people's government (5) Report the resettlement fund plan to ADB loan project leadership group of Lu'an People's Government and monitor the payment of fund (6) Responsible for the management of the archives of materials of resettlement. (7) Responsible for the internal monitoring work of resettlement. (8) Responsible for the reception of the Asian Development Bank resettlement experts in the preparation and implementation stages. (9) Deal with the complaints and appeals of the immigrants during the resettlement process. (10) Responsible for the communication work with the external monitoring organization during the implementation resettlement. (11)Responsible for the implementation of the employment measures for the affected people. 9.2.6 Hangbu Town Government (1) Join in the investigation of physical quantity (2) Join in the compensation fund calculation of affected household (3) Responsible for payment of compensation fund of affected people (4) Responsible for the complaint and appeal of migrants in settlement process (5) Responsible for employment skill training of affected people (6) Responsible for the implementation of employment measure of affected people 9.2.7 Zhuliuwei village committee (1) Join in the investigation of physical quantity (2) Join in the compensation fund calculation of affected household
61 (3) Responsible for payment of compensation fund of affected people (4) Responsible for the complaint and appeal of migrants in settlement process (5) Responsible for employment skill training of affected people (6) Responsible for the implementation of employment measure of affected 9.2.8 External monitoring organization In the process of resettlement planning and implementing, responsible for the external monitoring of the resettlement work, for providing the project office and Asian Development Bank with the resettlement progress report and monitoring report. The responsibilities of this organization are explained in detail in the chapter of external monitoring. 9.3 Personnel and equipment of the resettlement organizations at all levels See Table 9-1 for the personnel and equipment of the resettlement organizations at all levels. Staff of resettlement organizations at all levels Table 9-1 Contact Resettlement Total person and Address Phone number organization amount qualification In the County Shucheng Urban Zhao Jinping Government Office Construction 2 13956101567 Civil servant Building in Shucheng, Investment Co., Ltd. Lu'an, Anhui, China Project resettlement Zhang Close to Shucheng implementation Mingming, 2 Taoxi Road 46# 0564 - 8621273 organization Civil servant Jiang Shucheng Hangbu Hangbu Town of Zhiquan, Civil 3 People's Government 13966257771 Shucheng County servant Zhuliuwei Shuchenng Hangbu Li Guangyu, administrative village Zhuliuwei village 4 13085032001 in Hangbu Town of administrative village director Shucheng County committee
In addition, the resettlement organizations at all levels will be equipped with a certain amount of computers, cameras, and offices. 9.4 Measures to strengthen the institutional capacity In order to better implement the Resettlement Plan, ensure the benefits of the project-affected people, and meet the general plan of the project schedule, the working group office of the project loaned by Asian Development Bank of the people’s government of Shucheng County will take the following measures to strengthen the ability of the
62 organization to improve the efficiency: (1) Leadership responsibility system: form the powerful leading group consists of related department heads led by the county leaders. (2) High quality-personnel equipped: the working personnel of the resettlement organizations at all levels are required to possess strong overall viewpoint, policy level and specialty capability, especially the experience in mass work. (3) Clarify responsibilities: determine the responsibilities of the resettlement offices at all levels according to the Asian Development Bank requirements and the related national laws and regulations. (4) Training of the resettlement personnel: conduct non-scheduled training on resettlement policies, information management and so on according to the needs of the resettlement work. (5) Give play to the supervision by public opinions: disclose all the settlement materials to the public and society to be supervised by public opinions. (6) Convene the non-scheduled resettlement briefings and distribute them to the village town in the form of brief report. (7) The project office equips the resettlement organizations at all levels with the necessary transportation tools and related office equipment to meet the work requirements. 9.5 Institutions training plan In order to guarantee that the resettlement implementation work can go smoothly, the immigrants and migrant workers must be trained, and the training plan shall be formulated. The training plan is organized uniformly by the Anhui ADB office and Shucheng Urban Construction Investment Co., Ltd. Set up the personnel training and human resources development systems of the resettlement organizations at all levels of the municipality, county, and village (town). It is planned to adopt various forms for training, for example, hold specialist seminars, each unit sets the technical training classes, visit and learn from other resettlement projects, and conduct on-site training of technical and management personnel. See table 9-2 for the training plan. The training contents include: -Asian Development Bank policies and principles for resettlement - Difference between Asian Development Bank policies and Chinese policies - Design and implementation management of the resettlement plan
63 - Matters needing attention during the resettlement implementation process - Monitoring and evaluation of resettlement
Table 9-2 Training schedule of resettlement implementation Funding Locati Training arrangeme Time Training object Training content on mode nts(10000 Yuan) Focused August, 2015 Hefei resettlement workers All resettlement businesses 0.5 seminars ADB resettlement Domes Study and Backbone personnel February, 2015 implementation projects visit in 2.0 tic watch in resettlement office site Communic Communicate and discuss June, 2016 Hefei ation resettlement workers according to experiences and 0.5 lecture problems in resettlement
Besides, this project also takes the following measures to improve the capabilities of the resettlement organizations: (1) Determine the responsibilities and scope of duties of the resettlement organizations at all levels; strengthen supervision and management; (2) Gradually strengthen the forces of the resettlement organizations at all levels, especially the professional technical forces. All kinds of personnel must possess certain professional levels and management quality. Strengthen their technical equipment, such as the computer, monitoring device, transportation tools and so on; (3) Select the working staff strictly. Strengthen training the professional skills of the management personnel and technical personnel of the resettlement organizations at all levels to improve their work abilities and management levels; (4) arrange the female leaders properly to give play of their role in the resettlement implementation process; (5) Set up the database and strengthen information feedback to unblock the information channels from top to down and down to top. The resettlement leader group decides and solves the significant problems; (6) strengthen the reporting system and internal monitoring, and solve the problems found in time; (7) Set up the external monitoring and evaluation mechanism and the early warning system.
64 10 Budget of resettlement 10.1 Composition of the resettlement fund The resettlement fees of this project mainly include five parts, which are: the land compensation expenses, compensation expenses for ground attachments and special recovery reconstruction, management fees, other related fees and budget reserve. 10.1.1 Land compensation expenses Calculated according to the unified annual output value and compensation standard for land requisition in Anhui Province (WZ (2004) No.24). 10.1.2 Compensation expenses for special recovery reconstruction Calculate the compensation for the things immovably attached to the collective land and the communal facilities according to the actual quantity of survey and the compensation standard. 10.1.3 Management fees Calculate the management fees according to 4% of the land requisition fees. It is mainly used for the rewards for the land requisition progress of the project implementation unit, information collection and announcement, early-stage preparation, office occupancy purchasing, rent of temporary office occupancy, personnel salaries, welfare and social security, purchase and use of transportation tools, vehicle maintenance, communication and official work, daily management and so on. 10.1.4 Resettlement and other related expenses Mainly refer to some other expenses happen in the preparation and implementation process of resettlement, including the fees for survey, design, and scientific research, fees for monitoring and evaluation, fees for technical training, fees for land making, and fees for the compensated use of the newly-added construction land. 10.1.5 Budget reserve Calculate the budget reserve fee according to 10% of the basic fees. 10.2 Capital budget of resettlement The resettlement fees of this project are 0.27272 million yuan in total. In the total cost of resettlement, the fees for requisitioning the rural collective land is 0.12778 million yuan, accounting for46.85% of the total cost; the compensation fees for the infrastructure and ground attachments are 26.95 thousand yuan, accounting for9.88% of the total cost; the various kinds of taxes and management fees are total 0.1179 million yuan in total,
65 accounting for 43.27% of the total cost. See Table 10-1 for the estimation of the resettlement cost.
66 Resettlement cost budget Table 10 - 1 (ten-thousand No. Item Rate (%) Remarks yuan) 1 Collective-owned land 12.778 46.85 Uniform annual output: 1580 yuan/mu, 1.1 Land compensation fees 4.432 compensate multiple: 8.5 times; and land requisition: 3.3mu Uniform annual output: 1580 yuan/mu, 1.2 Settlement allowance 8.082 compensate multiple: 15.5 times; and land requisition: 3.3mu Young plant Young plant compensation compensation fees: 800 1.3 0.264 fees yuan/mu; and land requisition: 3.3mu Compensation standard and compensation 2 Ground attachments 2.695 9.88 amount are shown in Table 5 - 5, Table 3 - 7
Total of items 1 15.473 and 2 WCZ[2001]1061#, Cultivated land reclaim standard:9 yuan/m2, 3 1.98 fees and land requisition: 3.3 mu Land requisition 4% of total land 4 0.619 management fees requisition fees Exploration and design 3% of total land 5 0.464 research fees requisition fees Administrative 5% of total land 6 0.774 management fees requisition fees 3% of total land 7 Technical training fees 0.464 requisition fees External monitoring 4% of total land 8 0.619 evaluation fees requisition fees Special land-acquired GBF[2006]29# 9 farmer's security of 4.40 exclusive acquired land Total from 3~9 9.320 10 Contingency 2.479 10% of total basic fees 11.799 43.27 Total fees 27.272 100.00
10.3 Appropriation, management and monitoring of the resettlement fund 10.3.1 Fund appropriation of resettlement Implement the appropriation of the resettlement fund of this project according to the following principles: All land requisition related fees will be counted in total budget of project, Shucheng Urban Construction Investment Co., Ltd. makes the payment according to the compensation standard, the compensation fund is directly paid to related functional departments of prefecture government from special account, such as Town Government,
67 village committee, and the insufficient part will be supplied by the prefecture government; all compensation fees paid to private family will be paid to affected household from special account; and the land compensation fees must be paid in full before the land is acquired. 10.3.2 Management and monitoring of the resettlement fund The expenditure of the resettlement fund must be implemented according to the policies and the national regulations relating to land requisition, and it cannot be lower or less than the compensation standard and scope determined in the Resettlement Plan. The project office reports the monthly construction progress plan to Shucheng Urban Construction Investment Co., Ltd. every month, and is responsible for checking the payment statement approved and signed by the main responsible person of the project resettlement executive organization, and submitting the statement to Shucheng Urban Construction Investment Co., Ltd. The application for the appropriation of the fund, land compensation fees, fees for attachments and so on shall be checked and approved by the project resettlement executive organization. Shucheng Urban Construction Investment Co., Ltd. will hire the specialized consultancy to conduct internal inspection of the use conditions of the resettlement fund of the project office. The municipal financial and auditing departments have the right to monitor and audit the use of the special fund. In the external monitoring process, the resettlement external monitoring organization shall conduct special tracking monitoring of the compensation to the affected families and the fund implementation situations.
68 11 Project Implementation Plan
11.1 Implementing principles of resettlement
According to the schedule of the project construction progress, the project works will be started from March, 2017 and ended in February, 2018. In order to connect the resettlement progress plan to construction plan, the land requisition work started in December, 2016 and ended in December, 2016. The basic principle of implementing the resettlement is:
The land requisition work shall be completed before starting the project construction. The specific starting date shall be determined according to the needs of land requisition and resettlement work.
In the resettlement process, the affected people shall have the opportunity to take part in the project. At the project preparation stage, the scope of land requisition shall be disclosed, the resettlement Manuals shall be distributed and the related work of public participation shall be conducted well. All kinds of the compensation funds shall be paid directly to the related functional departments of the district government by Shucheng Urban Construction Investment Co., Ltd., such as the sub-district office and the community; the various kinds of compensation fees paid to the personal households shall be distributed to the affected households by in the form of special account.
11.2 Timetable for the implementation of the resettlement project
According to the implementation progress of construction land requisition in Fengle River (Shucheng Section) Water Environment Improvement Project, the resettlement general schedule plan of this project is planned. The concrete implementation can be adjusted moderately because of the deviation of the overall progress of the project. See 11-1 for the time table of the implementation of resettlement in detail. Schedule for settlement activities Table 11- 1 No. Resettlement task Object Implementation organization Date Remarks 1 Information disclosure Project Office, Shucheng Resettlement Information Affecte 1.1 Urban Construction September 2016 manual d group Investment Co., Ltd.
69 No. Resettlement task Object Implementation organization Date Remarks Disclose the resettlement Implementation organization, 1.2 December 2016 plan in the ADB website Project Office, ADB 2 Resettlement project and budget Resettlement plan, and Anhui provincial government, 2.1 budget pass October 2016. Project Office (compensation standard) Village affected Village-level income 2.2 by land village committee October 2016 recovery plan requisiti on Update the resettlement Implementation organization, 2.3 / 2017.3 If updated plan after detailed design Project Office 3 Detailed measurement and investigation Village affected Measure acquired land in Shucheng Urban Construction 3.1 by land September 2016. detail Investment Co., Ltd. requisiti on 4 Compensation agreement Village affected Village-level land 4.1 by land Land Bureau October 2016. compensation agreement requisiti on 5 Implementation of livelihood recover measure Village Distribute land affected Town Government , village 5.1 compensation funds to by land November 2016 committee households requisiti on Village affected Implement the village 5.2 by land village committee November 2016 income recovery plan requisiti on 7 Make income recovery Town Government, village affected October 2016 - 5.3 suggestions, and start committee, Labor and Social househo November 2016 business and work Security Bureau lds 7 Implement the training affected June 2016 - 5.4 Labor guarantee bureau plan househo 2016.9 lds Determine and employ 21 December 2016 Project Office, labor and 5.5 project employment affected – Septermber project contractor households people 2017 6 Skill establishment of resettlement organization Shucheng Urban 6.1 Construction Investment 5 people ADB 2015.3 Co., Ltd. County, town, and village 100 6.2 Project Office 2015.8 – 2016.3 leader training people 7 Monitoring evaluation 7.1 Benchmark，survey 1 report Monitoring organization 2015.8 – 2016.3 Set up internal testing Project Office, 7.2 institutionsmonitoring / Mayh 30, 2015 Implementation organization system Sign contract with the 7.3 external testing 1 Project Office October 30, 2016 institutionsmonitor Internal inspection Quarter Project Office, Start from 7.4 monitoring reports report Implementation organization May30, 2016
70 No. Resettlement task Object Implementation organization Date Remarks (as required ) Semi-an October, 2016 First report External monitoring 7.5 nual Monitoring organization Second report June, 2017 report report December, 2017 First report Annual 7.6 External evaluation report Monitoring organization Second report December, 2018 report Implementation organization, 7.7 Post-evaluation report 1 report 2018.12 Project Office 8 Consultation records Implementation organization In progress 9 Complaint files Implementation organization In progress 10 Compensation for land requisition and payment of the resettlement fund - 支付给 Implementation Initial 10.1 October, 2016 organization fund Most November, 10.2 - Pay to village Implementation organization funds 2016 Most Implementation organization, 10.3 - Pay to household November, 2016 funds village committee 11 Start of civil construction Shucheng Urban Construction 11.1 Project Investment Co., Ltd. March, 2017
71 12 Monitoring and Evaluation 12.1 Internal monitoring 12.1.1 Purpose and objectives of internal monitoring The internal monitoring is the continuous internal monitoring of the implementation of the Resettlement Action Plan conducted by the owner and the resettlement implementation organization depending on the top-down management system, with the aim of grasping the progress of resettlement, finding and solving the problems comprehensively and accurately in time, providing the decision basis for implementing the resettlement work smoothly. The purpose of internal monitoring is to regulate and guide the resettlement internal monitoring work conducted by the project loaned by Asian Development Bank owner, the resettlement implementation organization and other organizations relating to the resettlement activities, to ensure that the land requisition work can be implemented strictly according to the Resettlement Action Plan, and the monitoring and evaluation of resettlement activities can proceed orderly, normatively and efficiently, thus the relative parties can understand the situations of the implementation of resettlement in time, find and rectify the existing problems in the resettlement implementation. The principles for internal monitoring: update the Resettlement Action Plan dynamically, set up the resettlement database and update it in time, keep the accuracy of the monitoring results; evaluate the implementation situations of the Resettlement Action Plan scientifically, objectively and fairly; report to the project owner and Asian Development Bank to let them know the project progress and make scientific decisions in time. Role of internal monitoring: the internal monitoring is managed by the internal project, and its important roles are to grasp the situations of the resettlement implementation activities, collect, analyze and share the data and information of the progress, fund and quality of the relative resettlement activities through setting up and using the resettlement information management system, find the existing or potential problems, analyze the reasons, and put forward the measures to solve the problems. It is recommended that the project owner and the resettlement implementation organization conduct the internal monitoring of the resettlement activities, and the owner submits the internal monitoring report to Asian Development Bank regularly. 12.1.2 Internal monitoring implementation program The internal monitoring work can be divided into two stages: the preparation stage and the
72 implementation stage. The preparation stage starts from the project identification in the project loaned by Asian Development Bank cycle, and ends after the project preparation stage, project pre-evaluation stage, project evaluation stage and finally the project approval stage. The implementation phase starts from the implementation of resettlement until the realization of the objectives of the resettlement. (1) Preparation stage of internal monitoring The project owner and the local government shall establish the resettlement affair organization at the early stage of project preparation. The project owner shall set up an organization specializing in the resettlement affairs and arrange the capable working staff to deal with the settlement work. This can guarantee the providing of the complete and objective information and materials and will be helpful for the participation of organizations in other industries. Set about the arrangement of the resettlement internal monitoring and evaluation work in the project preparation period. The preparation work of the project owner includes: ——Organize the project owner and the working staff of the resettlement implementation organization to conduct the training on Asian Development Bank resettlement policies and experiences, national resettlement establishment, resettlement implementation, monitoring and evaluation of resettlement and so on; ——Employ the professional institutes and the resettlement action plan personnel to conduct the compiling of the Resettlement Action Plan; organize the social economic investigation; compile the Resettlement Action Plan with the assistance of the professional organizations and personnel; ——Set up the resettlement management information system with the assistance of professional organizations and personnel; The preparation work for the resettlement implementation organization includes: ——Establish or improve the resettlement implementation organizations at all levels, and equip them with necessary working staff; ——Organize the training to the working staff of the resettlement implementation organizations at all levels; conduct the social economic investigation and the compilation of the Resettlement Action Plan together with the owner and the professional agencies it entrusts; ——Establish the resettlement implementation management information system. (2) Implementation stage of internal monitoring
73 At the implementing stage, the project office shall provide the sample households sampled by the monitoring organization, the implementation information of the sample unit, and the current active records to the resettlement department, in order to guarantee the tracking and monitoring of the settlement activities. The resettlement department will conduct regular inspection to the town (street) and village (community) levels to check the progress of reporting the materials. At the implementation stage of internal monitoring, the project owner shall: ——Responsible for the internal monitoring of the resettlement activities according to the Resettlement Action Plan; ——Provide a copy of internal monitoring report in detail to Asian Development Bank semiannually; ——Update the statistical data of resettlement implementation and improve the resettlement management information system. 12.1.3 Internal monitoring contents The internal monitoring will cover the following contents: (1) Organizational Structure: the establishment and division of work of the resettlement implementation organization and its related organizations, personnel allocation in the resettlement organization, and the capability building of the resettlement organization; (2) Resettlement policy and the compensation standard: the formulation and implementation of the resettlement policies; and the actual implementation situations of the compensation standards for all kinds of impacts and losses (permanent requisitioned land, temporary land occupation). Whether implementing according to the standard in the Resettlement Action Plan or not shall be specially noted. If there’s any change, it is needed to explain the reasons; (3) Implementation schedule of land requisition and resettlement activity: overall schedule and annual plan, resettlement organization and progress of personnel allocation, implementation schedule of land requisition of project, house demolition progress, resettlement relocation progress, construction progress of public facilities, rebuilding, relocation and reconstruction progress of special facilities, and progress of other migrant activities. The format of progress report of internal monitoring of land requisition and resettlement shall be shown in Table 2-1;
74 Table 12-1 Schedule Progress of land requisition Unit: report date: / / (year/month/day) Accumulative Settlement Amount of Completed Proportion of the Unit total completed activity plan amount total amount (%) amount Permanent mu requisitioned land Land 10000 compensation Yuan
Preparer: responsible person: stamp:
(4) Resettlement budget and its execution situation: quantity and time that the resettlement fund is paid in place step by step, use and management of resettlement fund of resettlement implementation organizations at all levels, payment of compensation expense to the affected property owner, quantity and time of land owner (village, group and others) and user, use and management of compensation fund of village-level collective-owned land, and supervision and auditing of fund use. The format of internal monitoring report of fund use progress shall be shown in Table 12-2; Table12-2 Sample table of fund use progress Town administrative village natural village report date: / / (Year/month/day) Compensation Proportion of Accumulative amount the obtained compensation Brief Brief fund obtained fund among Affected unit Quantity(unit) amount description amount(yuan) during the the total obtained reporting compensation (Yuan) period (Yuan) funds (%) Village Public facilities
Preparer: responsible person: stamp:
(5) Main way, number of people and others of migrant production and employment settlement and resettlement; (6) Channel, procedure and responsible organization of complaint, appeal, public participation, negotiation, information publication and complaint and appeal of external monitoring; main matters of complaint and appeal and their disposal situation; main activities, contents and form of public participation and negotiation; implementation effect of public participation and negotiation; handbook and information publication of migrant
75 information; and external monitoring organization and its activity and effect; (7) Handling of relevant problems in the memorandum of inspection team of Asia Development Bank; (8) Existing problems and its solutions. 12.1.4 Internal monitoring method The internal monitoring is used as the monitoring activity of settlement implementation process from top to down in the settlement system, it requires building the standard, smooth and to-down settlement implementation information management system between the project owner related to the implementation work and settlement implementation organizations at all levels, so as to track and reflect the progress of settlement implementation work in all regions. The requisition and demolition departments at all levels shall report the progress, fund, effect and other information of settlement implementation from top to down by virtue of the information management system, and carry out the processing and analysis. In the project, the internal monitoring is implemented by virtue of the following methods according to the implementation situation of project: (1) Normalized statistical report system The project owner shall formulate the uniform report according to the requirement of resettlement implementation work. The report shall reflect the appropriation progress of settlement fund and completion of physical quantity of requisition and demolition. The report is irregular monthly report, and submitted from bottom to top when appropriation at the end of the month; and the work schedule is grasped through the table of appropriation situation. (2) Regular or irregular reflection of situation Exchange the problems presented in the implementation work of resettlement and information of relevant situation between the settlement organizations at all levels and external monitoring organization by virtue of many forms, and propose the handling suggestion. (3) Regular contact meeting At the beginning of each month, the leading group office of loan project of ADB will hold the requisition and settlement coordination meeting; and the personnel in the settlement office of project attend the meeting, mainly report the situation, and reflect the implementation schedule of project and existing problem, or exchange the work experience,
76 and study the measures of problem handling. (4) Inspection The leading group office of the project will conduct routine inspection and non-routine special inspection, carry out the in-depth field research, deal with the problems of requisition and resettlement on site, and check the working progress and the implementation situation of the resettlement policies. (5) Information exchange with external monitoring organization The project owner, local implementation organization and external monitoring organization shall keep regular contact and information exchange, and take the finding and evaluation opinion of external monitoring evaluation organization as the reference basis of internal monitoring. (6) Survey of resettlement information management system The leading group office of the project will build the resettlement information management system according to the land requisition data, and continuously update and perfect the same in accordance with the actual situation of implementation process, so as to guarantee the dynamic supervision of implementation process of resettlement. The project owner shall survey by virtue of method of combining the questionnaire survey and household visit, and inspect the execution situation of settlement work. The sampling method shall be adopted for the survey of household, a certain amount of household or collective unit shall be extracted, and the settlement situation shall be surveyed in the form of report, so as to reflect the implementation degree of their compensation, and see whether the settlement work is strictly implemented according to the settlement action plan. The leading group office of loan project of ADB shall implement the first survey after the affected objects obtain the first compensation, take the improvement measures according to the survey result and problems reflected through the complaining way after implementing the first survey, and continue the follow-up survey on the execution situation of improvement measures. The follow-up survey is conducted through the irregular questionnaire survey method, tracking the settlement situation of labor force of affected object and result of reflected compliant problem solving, and collecting the opinions and suggestions on public negotiation and others. 12.1.5 Organization and personnel placement of internal monitoring The personnel involving the implementation organization of monitoring are shown in Table 12-3.
77 Table 12 - 3 Personnel of internal monitoring implementation organization Settlement organization Regular workers Workers in peak period Leading group of ADB project of Lu'an People's 2 3 Government Leading group office of ADB project of Shucheng 2 3 People's Government Shucheng Urban Construction Investment Co., 3 4 Ltd. Shucheng Land and Resources Bureau 2 3 Resettlement implementation organization of 5 10 project Hangbu Town Government 2 3 ZhuliuweiVillage Committee 2 3 12.1.6 Responsibilities of the internal monitoring organization (1) Establish the settlement office, train the workers, and survey the project affecting region. (2) Delegate the external monitoring organization. (3) Guide to survey with the survey organization when establishing initially. (4) Train the workers of project office. (5) Supervise and inspect the consistency of settlement policy of subproject and project settlement and action plan. (6) Supervise the information from the affected object and prepare the settlement manual. The resettlement department shall timely formulate the improvement measures for the problems found through the internal monitoring and inspection. 12.1.7 Period and report of internal monitoring The internal monitoring is a continuous process, and its comprehensive monitoring activity shall be conducted once a quarter at least. During the project preparation, the internal monitoring organization will prepare the regular or irregular internal work report in combination with the inspection of Asia Development Bank, and the format shall be different due to the project and phase according to the requirement of Asia Development Bank. After the implementation, the brief weekly report and monthly report and detailed quarterly report, semiannual report and annual report shall be required for the project having big influence; and the brief quarterly report and detailed semiannual report and annual report shall be required for the project having small influence. The special report shall be carried out according to the requirement of project management. The summary report shall be required after the end of project implementation. The internal monitoring report shall be reported by the resettlement
78 implementation organizations at all levels to the people's governments on the same level, superior resettlement implementation organization and project owner. The project owner shall submit an internal monitoring report to the Asia Development Bank semiannually.
12.2 External monitoring
12.2.1 Purpose of external monitoring The external monitoring and evaluation (M&E) refer to the evaluation provided by the organization independent of government department for the resettlement work. Its purpose is to inspect the implementation activity of settlement action plan with the wide and long-term view, monitor and evaluate whether the purpose of land requisition and settlement is achieved, propose the evaluation opinion and suggestion, and take the remedial measures and timely take the tracking action, so as to ensure the implementation effect of resettlement work. The land requisition and resettlement activity will be tracked by virtue of external monitoring, so as to monitor and evaluate whether the resettlement: (1) Abide by the national laws and regulations on settlement work; (2) Abide by the relevant policy of ADB on involuntary migrants; (3) Make the living level of affected population exceed or at least recover to the level before settlement. 12.2.2 External monitoring organization and monitoring personnel The leading group office of loan project of ADB of Shucheng People's Government will select an experienced resettlement monitoring organization to undertake the independent monitoring work of resettlement of the project. The workers of external monitoring organization shall have the following quality: (1) The personnel engaged in the external monitoring shall participate in the similar wok, have rich experience in social and economic survey, understand the policy requirement of Asia Development Bank on involuntary resettlement, and grasp the relevant national and local policies and laws on resettlement. (2) Have independent ability of social investigation and study, and good communication and exchange quality; and be able to bear hardships and stand hard work. (3) Have a certain proportion of female external monitoring personnel to participate in it. 12.2.3 Responsibilities of the external monitoring organization The external monitoring organization will undertake the following activities:
79 (1) Carry out the benchmark survey of living level before the resettlement activity, so as to grasp the basic situation affecting the production and life of affected population; (2) Track and monitor the implementation of settlement activity in the resettlement process. Collect the opinion and complaint of affected population, timely reflect the same to the resettlement department of foreign investment office and local settlement office, and submit the monitoring report to the resettlement department of foreign investment office and Asia Development Bank; (3) Carry out the follow-up survey on the change in production and living level of affected persons, and evaluate the settlement activity and its measures; (4) Put forward the constructive suggestions to the resettlement department and local settlement office on the basis of survey research and full negotiation with affected persons, and guarantee the smooth operation of settlement work and soon recovery of production and living level of affected persons. 12.2.4 Measures and procedures of external monitoring The external monitoring organization will monitor the resettlement with the following ways: (1) Build the database of situation of affected persons on the basis of survey of resettlement, and carry out the regular household visit. The external monitoring organization will make the most of social and economic survey data and settlement work information management system built by the project office to carry out the dynamic management on the basic situation of affected household from the land requisition, so as to grasp the resettlement situation at any time. Go deep into affected residents for carrying out the face-to-face interview with the situation reflected from the database, know the progress of settlement work, listen to their complaint, dissatisfaction and suggestion, and meanwhile, propagandize the relevant national policies, relevant information of Asia Development Ban and information of engineering construction. The household visit shall be conducted by the external monitoring organization independently, and after obtaining the list of affected population and relevant information from the grass-roots organization, it shall be free of accompany of personnel of local settlement organization or local administrative managers. When the external monitoring organization carries out the household visit work, the visited personnel are relatively fixed, namely, the same person visits the same affected region for many times as far as possible,
80 and in this way, the mutual trust relation is easily built between the visit personnel and affected population, thus, facilitating the development of work. (2) Regularly organize the symposium of affected population in the area that the affected population is relatively concentrated. The external monitoring organization will hold the symposium in the area that the affected population is relatively concentrated, and listen to the opinion given by the affected population on the major problems of project influence. The symposium can be formal, and can also be informal; and the invitation of the personnel of grass-roots settlement organization to participate in it shall be decided according to the specific situation at that time. (3) Field observation. The personnel of external monitoring organization will visit the resettlement point regularly and irregularly, and carry out the field observation on the situation of resettlement. (4) Case survey. Carry out the important analysis on the individual outstanding case which may be presented in the resettlement process. Analyze the root of problem, find out the method of solving the problem, and put forward the reference opinions. (5) Questionnaire survey. Carry out sampling survey on the recovery of the affected persons’ production and life and their opinions about the resettlement work, conduct sampling survey, and analyze the results in time. Solve the existing problems for reference of the resettlement work in the next year. 12.2.5 Main contents of external monitoring (1) Monitoring for land requisition In accordance with the characteristics of land requisition of the project, the external monitoring organization will mainly focus on the following aspects for the monitoring of settlement problem brought by the land requisition: Are the compensation standards of various land requisition formulated according to the relevant national laws? Can the appropriation procedure of land compensation expense guarantee that the affected villages get the deserved fund? Are the land requisition quantity, compensation standard and compensation open within the scope of the whole village? What is their opening form? Is the clear and feasible plan provided for the concentrated use of land compensation? Are the opinions of interest-related villagers gotten for the formation of use plan of land compensation? How to determine the use plan at last?
81 How to distribute the income obtained from of the land compensation? How to guarantee the actual economic interest of affected labor force? (2) Monitoring for operation situation of resettlement organization The lean and professional resettlement organization which is operated efficiently is the reliable guaranty of guaranteeing the smooth operation of resettlement. The monitoring for operation situation of resettlement organization is also the important content of external monitoring conducted by the external monitoring organization. The monitoring of resettlement organization is mainly conducted through the field visit of settlement organization, verification of its resettlement organization and record and other forms, and its main contents include: Does the composition of personnel of resettlement organizations at all levels meet the requirement of settlement work? Do the resettlement organizations at all levels have the necessary working condition? Does the quality of personnel of resettlement organization meet the requirement of settlement work? Training situation of personnel of settlement organization; Management situation of internal data of work of settlement organization. (3) Benchmark survey of living level of affected population Before the resettlement is formally implemented, the external monitoring organization will build the benchmark data of resettlement of comprehensive treatment project of water environment of Fengle River (Shucheng Section) in Shucheng County, Lu'an City, Anhui, in allusion to loan of Asia Development Bank through the sampling survey. The sampling survey shall be conducted by the questionnaire survey. All affected families involved in the social and economic survey at the project preparation phase are taken as the sample library and subjected to the classified sampling. The sampling proportion of benchmark survey of living level is about 20%. The main contents of benchmark survey of living level of affected family includes: situation of family population, production and operation condition, building area, annual household income, employment structure, annual household expenditure, traffic condition, water supply condition, power supply condition, living environment, subjective evaluation of production and living conditions, etc. (4) Monitoring and evaluation of resettlement effect After the resettlement is formally implemented, the external monitoring organization will track and monitor the implementation effect of resettlement uninterruptedly. The
82 external monitoring organization will carry out the follow-up survey on the affected families after half a year after their settlement. The follow-up survey is similar to the benchmark survey of living level, both of which are conducted by virtue of sampling survey and reflect the influence of resettlement to the life and production of respondents through the structural questionnaire survey, thus, evaluating the effect of resettlement. In principle, the selection of follow-up survey sample is the same as that of living level, and it shall complete the tracking of benchmark survey object of living level as far as possible. After the benchmark survey of living level is completed, the database shall be built for all survey samples, so as to take as the sample basis of follow-up survey. For a few respondents really difficult to track due to the various factors, the early social and economic survey database is taken as the clue, and the similar affected families in the same community are taken as the substitutive respondents. The content of follow-up survey has good connection with the benchmark survey of living level, so as to carry out the comparative analysis on the change in life and production of affected families before and after settlement, and meanwhile, consult the subjective evaluation of affected population to the resettlement work at the same as the reference of evaluating the effect of settlement work. 12.2.6 Reporting system of external monitoring The external monitoring organization prepares the external monitoring report based on the data obtained from the observation and survey, with the main purpose including two points: firstly, objectively reflect the progress of resettlement work and existing problem to the Asia Development Bank and project owner's unit; and secondly, evaluate the social and economic effect of resettlement, put forward the constructive opinion and suggestion, and improve and prefect the resettlement work. The reporting period of external monitoring organization to Asia Development Bank and project owner's unit is: Carry out the base survey on living level of affected population at the beginning of project implementation and submit the base survey report. Submit the external monitoring report semiannually Submit a comprehensive post-evaluation report of resettlement after all resettlement work is completed. The content of conventional monitoring report shall include the following contents at least: (1) monitoring object of the report; (2) progress of resettlement work; (3) main
83 findings of monitoring organization; (4) main existing problems; and(5) basic opinions and suggestions of external monitoring. The report of external monitoring organization shall be submitted to the project office and resettlement experts of Asia Development Bank both in Chinese and English form at the same time. Before formally submitting, the external monitoring organization shall report to the relevant personnel of resettlement office and asking for opinions, and communicate the content and form of report.
12.3 Post appraisal for resettlement After completing the project, on the basis of monitoring and evaluation, adopt the after-project evaluation theory and method to evaluate the resettlement activities of this project. The contents of the evaluation work mainly include the evaluation of the successful experiences and lessons learned in aspects of land requisition and so on, providing the referential experiences for the future resettlement work. The unit undertaking the after-resettlement evaluation compiles the evaluation outline, sets up the evaluation index system, carries out the social and economic analysis and survey write the after-project evaluation report and submit it the Asian Development Bank project office of Shucheng County, Lu'an City and Asian Development Bank.
Attachment 1 Project Schematic Diagram
Hangbu Town
84 Shu cheng County
Geological position diagram of phase-II works of Hangbu sewage treatment plant
Legend City planning area Increased boundary of central city
Chengguan Town scope
85 List of new buildings in phase II
general layout of plant area
list of built structures in phase I
86
Legend .No. Drawing Name 1.Phase-II structure and building 2.Phase-I structure and building 3.Roads in plant area 4.Greening land 5.Walls in plant area
Specification 1. The size in this drawing will be counted in meter unless in special conditions.
87
2. The Hangbu Economic Development Zone sewage treatment plant has implemented 5000m3/d of phase-I works scale and the planned scale of phase-II works is 5000m3/d. 3. The phase-I works of Hangbu Economic Development Zone sewage treatment plant takes up 16.8mu of land, and the phase-II works should additionally acquire 8.4mu of land.
88 Xin hang Avenue
Hang nan Avenue
89
Specification: 1. The unit marked in this diagram: the pipe diameter is in mm, other parts are in m. 2. The elevation in the diagram is absolute elevation, in Huanghai Sea elevation system, the pipeline elevation is the elevation of pipe inner bottom; 3. Partial slopes in the diagram will follow the following standards:
Legend: Planned sewage pipeline in this time Current sewage pipeline Being-built sewage pipeline Planned specially-built sewage pipeline Current sewage treatment plant Planned sewage lifting pump station Planned reserved water system/river channel
Plan layout of planned sewage network in Hangbu Town
90
Legend: Planned sewage pipeline in this time Current sewage pipeline Being-built sewage pipeline Planned specially-built sewage pipeline Current sewage treatment plant
91 Planned sewage lifting pump station Planned reserved water system/river channel
Plan layout of planned sewage network in economic development zone
92 93
Specification: 1. The unit marked in this diagram: the pipe diameter is in mm, other parts are in m. 2. The elevation in the diagram is absolute elevation, in Huanghai Sea elevation system, the pipeline elevation is the elevation of pipe inner bottom; 3. Partial slopes in the diagram will follow the following standards:
Legend: Planned sewage pipeline in this time Current sewage pipeline Being-built sewage pipeline Planned specially-built sewage pipeline Current sewage treatment plant Planned sewage lifting pump station Planned reserved water system/river channel
To-be-modified sewage network plan layout in main urban area
94 Attachment 2 Public participation and meeting minutes Time 2015 年 10 月 15 日 Location Shucheng Project Office Organizer Hangbu Town, ZhuliuweiVillage, migrant investigation group in coal industry Hefei design institute Coal industry Hefei design institute, Shucheng Urban Construction Investment Co., Ltd., Hangbu Town, Zhuliuwei village committee, villagers' Participant group representative, affected people, and women representative Participation topic Policy advertisement and satisfaction, and resettlement working conditions Currently, the Fengle River and branches thereof are seriously polluted, the water quality of area where the river channel flows by is gradually reduced, this seriously affects people's production and life. Therefore, people support phase-II works in Hangbu sewage treatment plant and Main content and result supporting sewage network to clean the moat and Fengle River and improve the river water quality, and promise to reduce pollution to surrounding water body in future life. Time December 30, 2015 Location Zhuliuwei village committee Organizer Shucheng Project Office, Coal industry Hefei design institute migrant investigation group Coal industry Hefei design institute, Shucheng Urban Construction Investment Co., Ltd., affected people, Shucheng Land and Resources Bureau, Participant agriculture, social insurance, women federation, and civil affairs related human resources and social guarantee bureau, and Shucheng Women Federation Participation topic Understand related information such as state-owned land, agriculture, social insurance, and civil affairs. Shucheng bureaus of state-owned land, agriculture, social insurance, women federation, civil affairs, human resources and social guarantee, and Main content and result Chaohu women federation emphasize the work of land-acquired people and make a series of complete compensation standard and social pension guarantee system.
95 A - Gender analysis of rural women in project area 1 Legal benefit of women According to Chinese laws, although women do not sense this, women have the same legal benefit as men. 2 Social position of Women having good position in project area can decide great family affairs together with husband upon negotiation. Husband is the backbone women of the family, they attend main meeting of village, but women will affect men' decision. Women have the same right. The project area is the same as other areas in China, since the contract responsibility system based on the 3 Land and property household with remuneration linked to output in 1982, after the daughter gets married, her land will be kept in mother's household and she can benefit only enjoy the land of husband. However, if the affected village takes the second land contract (about 1999), this condition has been corrected. If this condition is related to land requisition and resettlement, women will have the same compensation benefit. 4 Collective property right Women have the same right There are no gender limit, however, in country area in China, women mainly carry out family labor and some applicable agricultural production, 5 Life and gender role most men are engaged in agricultural production and outside work. Generally, the working time of women is 1.2 times of that of men. Meanwhile, many young women also work outside. 6 Contribution to family The income of women mainly comes from agricultural and family byproduct, which takes up about 25% of family income. income 7 Family position Women have the same talking right, when men work outside, women can decide many things. 8 Education level Girl and boy have the same education opportunity, if they study hard, the parents will try the best to afford their education. Women are healthy, and compared with men, have no obvious nutrition difference; however, the medical fees rate in family expenditure is 9 Health condition increased, and women load may be increased. In the villagers' committee, there are women representatives. Meanwhile, in villages and villagers' group, women have excellent informal 10 Village and network. Women can join in general election of village committee and have the right to vote and stand for election; and the local government governmental organization emphasize women' development, especially in poverty alleviation General evaluation and Women in project area have good position and have no gender and role limit; although women rarely join in the decision of rural collective main risks public affairs, they can express their opinions by all ways (for example, male members in family). B - Gender analysis of women among migrants Gender Issues Interest/risk Project affect Women will be deprived of Women have the same land requisition, resettlement and 1 Land, property and land, property or compensation rights as men; and the project will not generate compensation right compensation right obvious bad effect on women. Only partial affected households lose land, therefore, the affected household just loses partial income. The use of compensation Women are more seriously fund is decided by affected household. Besides monetary 2 Production and income affected and obtain less compensation, the project will provide accessory measures to help recover after land requisition support affected households recover income (for example, preferential employment, technical training and post-stage support during construction) No gender inequality, for most families, the resettlement The migrant increases women' influence is not obvious. The land loss and enough compensation 3 Increase gender inequality load or reduce women' will help women to change the planting structure (for example, opportunity plant more economic crops), and this will increase women' income 4 Social communication The social communication The project will not seriously affect the coommunity network network system network is damaged 96 The migrant pressure may 5 Affect health/increase social cause serious healthy problem The project will not seriously affect villages. problems) or social problem (violence or AIDS transmission) Attachment 3 Gender analysis table in project area Attachment 4 Distribution Structure Condition of Sampling Investigation Sample Natural village Sampling household Affected household County/District Town Community (village) Sampling rate (%) (group) amount (household) amount (household) Lu'an City/Shucheng Hangbu Town Zhuliuweivillage Xiawan 3 7 42.86 County
Attachment 5: Articles in Chinese Land Laws and Regulations and Related Policies Abstract of the main clauses of the land management law and related policies Item main contents reference The People's Republic of China (PRC) implements the Socialist public ownership of land, that is the ownership by the whole people and the collective ownership by the working people. Land ownership Land management law, article 2 The nation implements the system of the compensated use of the state-owned land according to the law, except for the Transfer of the use right of the state-owned land within the scope of the law. If any individual or unit needs to use land in construction, the individual or unit must apply for the use of the state-owned land according to law;…… Land management law, article 43,44 if the construction-occupied land involves the transformation from Agricultural land to construction land, the procedures of Application for examination and approval of the Agricultural land transference shall be handled.…… construction land The people’s governments at all levels shall strengthen the annual plan management of land use and implement the total quantity Anhui Province implements the control of the construction land strictly. fFor those without the plan target of Agricultural land transference or exceeding the plan measures of The Land Administration target of Agricultural land transference, it is not allowed to approve their newly-added construction land. tThe saved plan target of Law of the People's Republic of China the agriculture land can be carried over to be used in the next year. (June26,2004), article 13 Requisition of basic cultivated land; requisition of the cultivated land more than 35ha. other than the basic cultivated land; and requisition of other land more than 75ha. shall be examined and approved by the State Council. the requisition of the land not included in the above provisions shall be examined and approved by the governments of Provinces, Land management law, article45 autonomous regions and municipalities directly under the central government, and shall be submitted to the State Council for Permission of reference. land requisition The land administrative departments of the people’s governments of the county and municipality draft the plan of agriculture land Anhui Province implements the transference, plan of supplementary cultivated land, plan of land requisition, and plan of land supply. aAfter they are examined measures of The Land Administration and approved by the people’s governments of the municipality and county, report them level by level to the people’s governments Law of the People's Republic of China with approval authorities for approval. tThe requisition of forest land shall first obtain the approval of the administrative (June26, 2004), article 33 department in charge of forestry.
97 Item main contents reference The land requisition by the state shall be announced, organized and implemented by the local people’s government above the county level after it is approved according to the legal PROCEDURES. System of after the compensation plan for land requisition is determined, the related local people’s governments shall release the Land management law, article 46, 48, announcement of announcement and listen to the opinions of the land-requisitioned rural collective economic organizations and farmers. 49 land requisition the land-requisitioned rural collective economic organization shall announce the incomes and expenses of the compensation fees of the requisitioned land to its members and accept their supervision. Compensate for the requisitioned land according to its original use. the compensation fees for land requisition include the land compensation fee, resettlement fee, and the compensation fees for the ground attachments and green crops. tThe land compensation fee is 6-10 times the average annual production value of the land in Compensation the last 3 years before land requisition. the resettlement fee is calculated according to the agriculture population needing to be standard for land resettled which is calculated according to the quantity of the requisitioned cultivated land/the quantity of the cultivated land Land management law, article 47 requisition occupied per person in the requisitioned unit before land requisition. tThe standard of the resettlement fee for every agriculture person needing resettlement is 4-6 times the average annual production value in the past three years before the requisition of the cultivated land. bBut the resettlement fee for per hectare of the requisitioned cultivated land cannot exceed 15 times the average annual production value before the land requisition The user of the temporary-use land shall use the land according to the use purposes agreed in the temporary-use land contract, and Land management law, article 57 the user cannot build the permanent construction. tThe term for the temporary use of the land is usually no longer than 2 years. Temporary-use If the project construction and the geological survey need to use the state-owned land or collectively-owned land, it shall be Anhui Province implements the land examined and approved by the land administrative departments of the county and municipality where the land is located; the measures of The Land Administration Temporary-use land in the urban planning area shall first obtain the approval of the administrative department in charge of urban Law of the People's Republic of China planning before it is submitted for approval. (June26,2004), article 45
98 The main terms and application for GF (2004) No.28, GTZF (2004) No.238 GF (2004) No.28-Improve the system for compensation and resettlement of land requisition GTZF (2004) NO.238 The local people’s government above the county level shall take practical measures to guarantee that the living standards of the land-requisitioned farmers will not decrease because of the land requisition. tThe land compensation fee, resettlement fee, and compensation fees for ground attachments and green crops shall be paid in full amount in time. if the land-requisitioned farmers cannot maintain their previous living standards after they are paid the land Formulation of the standard of unified annual Article 12 compensation fee and resettlement fee according to the existing legal provisions, or if the social security fees for the landless production Improve the farmers caused by land requisition cannot be sufficiently paid, the people’s governments of the province, autonomous region and Determination of the multiple of unified compensati municipality directly under the central government shall approve the addition of the resettlement fee. iIf the sum of the land annual production on measures compensation fee and resettlement fee reaches the legal limit but is not enough for the land-requisitioned farmers to maintain Formulation of the comprehensive price of for land their previous living standards, the local people’s government can use the income of the compensated use of the state-owned requisition land requisition land to supply subsidies. Allocation of the land compensation fee tThe people’s governments of the province, autonomous region and municipality directly under the central government shall formulate and announce the standard of unified annual production or comprehensive price of the requisition land of each county and municipality. tThe compensation price for land requisition shall be the same to the same lands. tThe national key construction project must list the land requisition fees in full amount into the rough calculation. The local people’s government above the county level shall formulate the detailed measures to guarantee the long-term livelihood of the land-requisitioned farmers. fFor the projects with stable returns, the farmer can become a shareholder with the right of use of the construction land approved Article 13 according to law. Settlement of agricultural production Appropriate within the urban planning areas, the local people’s government shall include the land-requisitioned farmers into the urban Settlement of job re-selection arrangement employment system, and set up the social security system; outside the urban planning areas, when requisitioning the farmers’ Settlement of benefit-sharing compensation of land- collective lands, the local people’s government shall reserve necessary cultivated land for the land-requisitioned farmers or Settlement of relocated immigrantaffected requisitioned arrange corresponding working posts for them; the landless farmers don’t have the basic production and living conditions shall spersons farmers be relocated. tThe labor and social security department shall raise the instructions on setting up the employment training and social security system for the land-requisitioned farmers as soon as possible. In the process of land requisition, the rights and interests of the farmers’ collective land ownership and the farmers' rights to the contracted management of land shall be protected. before submitting the land requisition for examination & approval according to law, notify the land-requisitioned farmers the Article 14 purpose, compensation standard and approaches of resettlement; the investigation results of the current status of the land Notification of land requisition Improve the planned to be requisitioned shall be confirmed by the land-requisitioned rural collective economic organizations and farmers; if Confirmation of the survey results of land land it is indeed necessary, the Ministry of Land and Resources shall organize the hearing according to related regulations. tThe requisition requisition related materials known and confirmed by the land-requisitioned farmers shall be the necessary materials for examination and Organization of hearing of land requisition process approval. Accelerate building and improving the organization of coordinating and judging the disputes on the compensation for land requisition and protect the legal rights and interests of the land-requisitioned farmers and land users. tThe land requisition matters approved shall be announced unless for special conditions. Article 15 The requisitioned land cannot be used forcefully if the compensation and resettlement of land requisition is not implemented.
99 GF (2004) No.28-Improve the system for compensation and resettlement of land requisition GTZF (2004) NO.238 Strengthen The people’s governments of the province, autonomous region and municipality directly under the central government shall the formulate the measures to allocating the land compensation fees in the rural collective economic organization according to the monitoring principle that the land compensation fees shall be mainly used for the land-requisitioned farmer households. and The land-requisitioned rural collective economic organizations shall announce the income, expense and allocation of the land regulation requisition fees to its members of the collective economic organization and accept their supervision. Ministries of agriculture of the land and civil administration shall strengthen the supervision on the allocation and use of the land requisition compensation fees requisition inside the rural collective economic organization.
100 Attachment 6: Related Policies to Pension Insurance of Land-Acquired Farmer Notice of Lu'an People's Government to print Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Lu'an LZ〔2006〕27# (June 29, 2006) All county and district people's governments, Lu'an development zone, Yeji test area management committee, municipal government departments, and all organizations directly under the provincial government: Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Lu'an has been accepted in 15th meeting of city government and now is printed to you, please follow and implement it. June, 29, 2006 Interim Measure of Guaranteeing Basic Pension of Land-Acquired Farmer in Lu'an Article 1 In order to practically carry out the social guarantee work of land-acquired farmer, maintain legal benefit of land-acquired farmer, and promote harmonious economic and social development, this Measure is made according to the Decision of State Council about Deepening Reform and Strict Land Management and the Instructions of Anhui People's Government to Carry Out Employment and Social Guarantee Work of Land-Acquired Farmers in combination with actual situation. Article II The land-acquired farmer who is above 16 years old when the land thereof is acquired and does not join in the basic old-age pension insurance for urban workers in Lu'an planning scope will be counted in the scope of land-acquired farmer pension insurance. The land-acquired farmer in this Measure means the agricultural population losing all land or per capita actual cultivated land area is less than 0.3mu after the land requisition within the urban planning district. Article III The Labor and Social Guarantee Department is responsible for the basic pension insurance of land-acquired farmers. Finance, state-owned land and resources, agricultural, civil affairs and public security departments will assist the basic pension insurance of land-acquired farmers according to their own functions. Article 4
101 Encourage the land-acquired farmers to transfer to urban. When the land-acquired farmer applies for the registration from agricultural household to non-agricultural household, the public security organization should handle the procedure according to the principle of proximity and territorial management for free. Article 5 If the land-acquired farmer, who is transferred to be non-agricultural farmer, hard to live and meets the subsistence allowance condition for urban citizen, will be counted in subsistence allowance scope for urban citizen according to regulations of subsistence allowance for urban citizen. Article 6 The land-acquired farmer old-age pension insurance fund is composed of two parts: collected fund and individual account fund. Specific standard will be determined according to the principle of determining income according to expenditure and keeping some residue. Article 7 Sources of land-acquired farmer old-age pension insurance fund: (I) The government-funded part will be taken from the state-owned land use income such as state-owned land transfer income; and (II) The villager (group) collective-funded part will be paid according to 15% of land requisition compensation fees. Article 8 The individual account fund of land-acquired farmer old-age pension insurance is composed of the fund voluntarily paid by land-acquired farmer and the interest. The individual payment standards include three levels: the first level is 3,600 yuan; the second level is 6,600 yuan; and the third level is 10,800 yuan. Article 9 The land-acquired farmer reaching the 60-year-old requirement for male and the 55-year-old requirement for female will get the pension from the next month. The pension insurance fund taken by land-acquired farmer is composed of two parts: basic pension insurance fund and supplementary pension insurance fund. The basic pension insurance fund is paid from collective fund which is paid from individual fund. After the fund in individual account is used out, the basic pension insurance fund will be paid from collective fund. Specific distribution standards are:
102 (I) For the 3,600 yuan level of individual payment, pay 120 yuan for each person each month, including 90 basic old-age pension and 30 supplementary pension. (II) For the 6,600 yuan level of individual payment, pay 155 yuan for each person each month, including 100 basic old-age pension and 55supplementary pension. (III) For the 10,800 yuan level of individual payment, pay 200 yuan for each person each month, including 110 basic old-age pension and 90 supplementary pension. (IV) If the land-acquired farmer meets the age requirements in article 1 but not pay the individual payment, from the second month of specified age, each person will be paid with 80 yuan basic old-age pension each month. Article 10 The land-acquired farmer who reaches or exceeds specified age before this measure is implemented can enjoy the pension insurance fund from the month of implementing this measure. The first basic pension insurance fund will be distributed in 3 months. The land-acquired farmer before this measure is implemented can also pay fees according to the individual payment standard and enjoy corresponding fund. Article 11 The land-acquired farmer who has transferred to be non-agricultural household and meets the conditions of joining in basic old - age insurance for urban workers can join in the basic old - age insurance for urban workers. The land-acquired farmer joining in the basic old - age insurance for urban workers will not enjoy the pension insurance specified in this measure; and for those farmers establishing the individual account according to this measure, the individual account thereof can be returned at one time. Article 12 After the farmer joining in the land-acquired farmer pension insurance dies, the residual fund in his individual account will be paid to legal successor or indicated beneficiary at one time. Article 13 The pension insurance fund of land-acquired farmer is uniformly counted in the special account of city social guarantee fund according to the rule of managing the fund separately by income and expenditure, depositing fund in special account, calculating by separated account, using special fund for special purpose, not stopping, taking, transferring and using
103 the fund, and guaranteeing the fund value maintenance and add. The individual contributions and governmental and collective funds will be managed separately. The government contributions specified in Article 7 of this measure will be delivered to special account from chargeable use of state-owned land, and the village (group) collective collective contribution will be delivered to special account after being deducted by the state-owned land and resources department. The individual payment of pension insurance fund of land-acquired farmer specified in Article 8 will be charged by the rural insurance special handling organizations in Jin'an district, Yu'an district and Lu'an economic technical development zone according to the local land management principle and paid in special account of social insurance fund. Article 14 Procedures for qualified land-acquired farmer to join in pension insurance and enjoy pension insurance: (I) The land-acquired farmer makes a personal application; (II) The villagers' committee (community citizen committee) held the villager (citizen) general meeting or villager (citizen) representative meeting discussion and report the name list of qualified land-acquired farmers to town government (sub-district administrative office); (III) After the study, the town government (sub-district administrative office) will make an announcement to the society; (IV) The district labor and social guarantee and state-owned land and resources management departments check the qualification; (V) The city labor and social guarantee and state-owned land and resources management departments recheck the qualification and report to city government; (VI) The city labor and social guarantee department replies the report according to check opinion of city government; and (VII) Specific handling organizations of rural insurance in Jin'an district, Yu'an district and development zone set individual account for insurance holder and distribute the social insurance manual and pension insurance of land-acquired farmers according to the reply of labor and social guarantee department. Article 15 The pension insurance of land-acquired farmer cannot be falsely reported or claimed, anyone violating the regulation will hold corresponding legal responsibilities besides legal return.
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Attachment 7 Resettlement Information Manual
The Newly-added Subproject in Medium-term Adjustm ent of Water Environment Improvement Project of Anh ui Chao Lake Basin Loaned by Asian Development B ank
New Subproject in Mid-term Adjustment of Water Environment Improvement Project of Anhui Chao Lake Basin Loaned by Asia Development Bank Fengle River (Shucheng Section) Water Environment Improvement Project Resettlement Information Manual
China· Shucheng
September 2016
105 1. Purpose of resettlement information manual The main purpose of this resettlement information manual is to provide a project profile, especially the compensation principle, settlement profit, and payment way of compensation fees and other funds, the payment time to project affected individuals/collectives. This is one part of information issuing work and aims to disclose the policies and procedures of project about land requisition, compensation, fee payment, post visit treatment and complaint steps. The project executive unit will distribute the information manual to affected people before detailed measurement and investigation. The manual will be distributed to affected village committee. 2. Basic information of project (1) 1 supporting sewage network in phase-II project of 5000m3/d Hangbu Sewage Treatment Plant (2) Shucheng district sewage network improvement project, wherein for the sewage network improvement project in Shucheng Economic Development Zone, the total length of new network is 6.845km, the pipe diameter is d800; Shucheng main Town is newly built with 4.987km sewage network d400 - d800 supporting network and 1 inte3grated sewage pump station; and (3) Fengle River and branch treatment project, including the treatment of moat and Fengle River in terms of River dredging project, River channel project The land requisition in this project will affect Xiawan natural village, Zhuliuwei administrative village, Hangbu Town, Shucheng County, Lu'an city. The phase-II engineering project of Hangbu sewage treatment plant permanently takes 3.3mu of lands which are all collected collective-owned lands. The construction of supporting network of sewage treatment plant is the top pipe or built road construction without temporary land requisition and resettlement influence. The project land requisition affects 7 households and 21 people. Shucheng Nanxi River Old Urban Reconstruction Project affects 19 resettlement households in Fengle River Treatment Project which is the subproject of Fengle River (Shucheng Section) Water Environment Improvement Project and acquires 791.694m2 of houses, and the house acquisition contract has been signed within the period from July 25, 2015 to August 14, 2015. 1 of the house acquisition households has no the property right certificate and choose the monetary compensation form, other households choose the property right exchange form. The compensation funds have been paid to individual
106 accounts by Shucheng House Acquisition and Compensation Management Office before the house acquisition and compensation agreement is signed, and Shucheng House Acquisition and Compensation Management Office has shown related certificates (see Attachment 8 for details).
3. Expected project implementation time March, 2017 4. Implementation organization Main organizations related to resettlement activities in the project include: (1) ADB loan project working group in Anhui People's Government (2) ADB loan project working group in Lu'an People's Government (3) ADB loan project working group office in Shucheng People's Government (Shucheng County Development and Reform Commission) (4) Shucheng Urban Construction Investment Co., Ltd. (5) Shucheng Department of Land and Resources (6) Project migrant implementation organization (7) Hangbu Town Government (8) Zhuliuwei village committee (9) Resettlement external monitoring organization
5. Project land requisition compensation The land requisition compensation standard is shown in Table 1.
Attached Table - 1 Land requisition compensation execution standard Uniform Agricultural land Dist annual output No. Area Land Settlement Land requisition rict standard compensatio allowance compensation (yuan/mu) n multiple multiple standard (yuan/mu) Shuc Hangbu Town 1580 8.5 15.5 37920 heng
For the young plant compensation fee, according to Lu'an People's Government: Notice of Lu'an People's Government to Adjust Compensation Standard of Houses and Other Attachments and Young Plant on Acquired Land in Lu'an (LZ [2013]7#); the young plant compensation standard of dry land requisition is 800 yuan/mu.
107
Compensation standards of attachments and infrastructure Attached Table 2 Item Unit Compensation standard (yuan/unit) Electric line pole Yuan/plant 300 Wood pole Yuan/plant 50 Canal Yuan/m 30 roads for transporting Yuan/m 15
6. Deadline The compensation qualification identification deadline is June 30, 2016. Affected people settling in new cultivated land or affected area will not be counted in the compensation or allowance scope after the deadline. Any unit Trees planted by any unit purely for additional compensation will not be counted.
7. Payment of compensation fees 15% of land compensation fees will be used as pension security of land-acquired farmers and uniformly transferred in the pension security account of land-acquired farmer, and the settlement compensation fee will be directly distributed to affected households
8. Appeal In order to prevent the benefit and property of related unit and individual from being intruded and damaged, their opinions and appeals will be reported according to above steps: Stage I: Affected object shows oral or written dissatisfaction to village committee or Project Office. In the case of oral dissatisfaction, the village committee and Project Office must make written record and replay the dissatisfaction in 2 weeks. In the case of large problem which should be reported to upper-level settlement office, the replay of upper-level settlement management department should be obtained in 2 weeks. Stage II: If the replay in stage I does not satisfy the complainer, the complainer can make an appeal to the project office in one month from the day of receiving the decision in stage I, and the project office should solve the appeal in 3 weeks. Stage III: If the affected object is still dissatisfied with reply of Project Office, he can also make
108 an appeal to the management office of Shucheng Urban Construction Investment Co., Ltd. in one month from the day of receiving the decision in stage II, and make a replay in 4 weeks.
Related personnel can appeal lawsuit in terms of all sides in settlement work and compensation fund payment, also including the provided compensation amount. The settlement manual will disclose specific opinions and appeal procedures to all affected personnel. These information will also be transmitted to project affected people by the disclosure meeting before land requisition. During the whole project construction, these appeal procedures are always effective to make sure villagers can use them to process problems related to infrastructure recover, lie reconstruction of irrigation system, location and design of drainage pipeline and passage, and entry of common roads. Therefore, villagers will have an effective way to reflect these problems to the project management organization and the contract party and submit public discussion so as to solve problems in time.
Information of organizations and people treating complaints and appeals of affected people Attached Table 3 Office Contact Address Phone person Shucheng Urban In the County Government Office Construction Zhao Jinping Building in Shucheng, Lu'an, 13956101567 Investment Co., Ltd. Anhui, China Project migrant Zhang Close to Shucheng Taoxi Road 0564 - 8621273 implementation Mingming 46# organization Hangbu Town in Jiang Zhiquan Shucheng Hangbu People's 13966257771 Shucheng County Government Shucheng Hangbu Li Guangyu Shuchenng Hangbu 13085032001 Zhuliuwei Zhuliuweiadministrative village committee
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Attachment 8 Due Diligence Report of Moat Treatment Project in resettlement
At the beginning of 2015, Shucheng government started the Nanxi River Old Urban Reconstruction Project, on July 11, 2015, Shucheng People's Government issued the Shucheng People's Government House Acquisition Notice (see related attachments) and clarified that if the house is acquired, the state-owned land use right will be recalled at the same time. I. House acquisition statistics According to the investigation results from the resettlement project compilation unit, Shucheng Project Office, Shucheng Urban Construction Investment Co., Ltd. and Shucheng Chengguan Dock Community, Shucheng Nanxi River Reconstruction Project is related to 19 resettlement households in Fengle River Treatment Project which is the subproject of Fengle River (Shucheng Section) Water Environment Improvement Project and acquires 791.694m2 of houses, including 96.4m2 of residence, 433.344m2 of non-residence and 261.95m2 of stores. The house acquisition statistic result is shown as the following table: House Acquisition Statistic Result Construction Settlement No. Name Use Remarks area (m2) way Have no Monetary 1 Chen Yun 15.13 Residence property right 1 compensation certificate Have property Approved 86.8m2, Property right 2 Zou Hui 74.70 (86.8) right store exchange certificate Have property Property right 3 Shu Yong'an 81.41 Non-residence right exchange certificate Have property Property right 4 Liu Qihuai 45.50 Store right exchange certificate Have property Property right 5 Gao Xianbin 27.56 Non-residence right exchange certificate Have property Property right 6 Cui Xianhua 29.96 Non-residence right exchange certificate Have property Property right 7 Zhu Bennian 22.75 Non-residence right exchange certificate Have property Property right 8 Tong Yipu 22.75 Non-residence right exchange certificate Have property Property right 9 Chen Yun 53.55 Non-residence right 2 exchange certificate
110 Have property Property right 10 Pan Gonglun 46.15 Store right exchange certificate Have property Property right 11 Sun Changming 28.61 Store right exchange certificate Have property Property right 12 Zhu Sheng 141.34 Non-residence right exchange certificate Have property Property right 13 Zhang Xinmin 27.054 Non-residence right exchange certificate Not register the building, Property right and not 14 Shu Nan 27.09 Residence exchange complete the housing procedures Not register the building, Property right and not 15 Zhu Jinyi 27.09 Residence exchange complete the housing procedures Not register the building, Property right and not 16 Song Junyong 27.09 Residence exchange complete the housing procedures Have property Property right 17 Pan Zhongxiang 26.97 Non-residence right exchange certificate Have property Property right 18 Jin Yumei 27.69 Store right exchange certificate Have property Property right 19 Dong Shusheng 27.20 Store right exchange certificate Total 791.694
II. Compensation policy 1. For affected people who choose monetary compensation, the compensation of acquired house will be evaluated and determined by qualified real estate land evaluation organization according to the house acquisition and evaluation method. 2. For affected people who choose property right exchange, the acquired house and the settled house for property right exchange will be evaluated at the same time, and both parties settle the price difference. There are 514 houses in Meihe Garden, Qingxi Park, and Yiyuanyating used as residential settlement houses. The commercial settlement houses are within the acquisition scope. 3. The property of acquired house is residence, and the actual operating houses (residence-to-non-residence) will be suitably compensated according to GBF[2003]42#
111 document, the actual operating area of legal property house and the term. 4. The attachments and decoration of acquired house have been performed according to the Compensation Standard of House on State-Owned Land of Shucheng County in 2015 (SJ[2015]26#). 5. The affected people who choose monetary compensation will sign the compensation agreement to get the compensation funds at one time after the acquired person emptys the house and logs out the original property right certificate. 6. The affected people who choose property right exchange will empty the house, sign the agreement, and choose the house according to time sequence. The acquired person will take the settlement sequence number by providing signed house acquisition and compensation confirmation result form, compensation way selection confirmation form, emptyed house, and property right certificate after the house inspection is qualified, and choose the settlement house according to the settlement sequence number. After the settlement house is completed and accepted, the house acquisition department will issue the notice on main media of Shucheng County. 1 month since the day when the notice is issued, the acquired person should pay residual house fund according to the agreement, and the Shucheng Settlement Department delivers the settlement house. For the completed settlement house, after signing the house acquisition, compensation and settlement agreement, the acquired person can choose the settlement house according to the settlement sequence number and pay the rest fund, and the Shucheng House Settlement Department delivers the settlement house. 7. Any residence and commercial house acquired person person emptying the house, delivering the certificate, passing the inspection and signing the agreement in specified signing period can enjoy the following preferences: the areas of house and settlement house confirmed in legality can be settled in the form of supplying preference structural difference; the pool area settlement rate is 12%, the area less than 12% will be calculated according to actual condition, and the pool area above 12% will be taken by the acquirer. If the area of settlement house is less than the area of acquired house, the compensation price of insufficient part will be calculated by dividing evaluation market price by preference structural difference. If the area of settlement house is greater than the area of acquired house, the compensation price will be calculated by the following ways: (1) when the acquired person chooses the house according to similar area and the settlement area is 10m2 greater than the acquired house, the compensation price will be settled according to
112 the cost set by the settlement house management department; the compensation price of the part from 10m2 to 20m2 will be calculated according to settlement house preferential price; and the compensation price of the part above 20m2 will be calculated according to the settlement house evaluation market price.The compensation price of the part where the settlement area of commercial house is greater than 20m2 will be calculated according to 30% of settlement house evaluation market price, and the compensation price of the part above 10m2 will be calculated according to settlement house evaluation market price. (3) the cost price of settlement house will be checked by Shucheng Settlement House Management Department, the evaluation market price is determined by the selected evaluation organization, and the preferential price is (cost price+evaluation market price) /2.
8. The preferential structural difference price of acquired house equal-area part is shown in the following table: House structure Residential house Commercial house Framework No change No change Brick-concrete structure 100 yuan/m2 200yuan/m2 Brick-wood structure 130yuan/m2 260yuan/m2 Others 160yuan/m2 320yuan/m2
Specific contents are shown in Shucheng People's Government House Acquistion Announcement issued by Shucheng People's Government (see related attachments). III. House acquisition implementation plan Currently, the house acquisition and compensation agreement in this project will be signed from July 25, 2015 to August 14, 2015. 1 of house-acquired households has no property right certificate and chooses the monetary compensation, all other households choose the property right exchange settlement way. Only one household doesn’t have property certificate and chooses monetary compensation. According to investigation, householder Chen Yun owns house of 15.13m2 and is compensated 68044 yuan in cash, namely 4497.3 yuan/m2 , according to the evaluation by professional real estate appraisal institutions. According to the compensation release record of house acquisition in old part of Nanxihe, the cash has been transferred into Chen Yun’s personal account as attached. As known by project team from Shucheng Housing Management Departments, in July 2015, the average house price of Shucheng is about 4200yuan/m2, so the house acquisition
113 choosing monetary compensation meets with the ADB’s resetting principle. Before July 23, 2015, the resettlement fees, production stop loss, decoration fees, and signing reward of above residents will be paid to individual accounts before Shucheng House Acquisition and Compensation Management Office signs the House Acquisition Compensation Agreement. Shucheng House Acquisition and Compensation Management Office has shown related certificates. See related attachments. The compensation funds will be settled after the settlement houses are distributed. If the house--acquired person chooses the monetary compensation, the residential house will be compensated by temporary settlement fees for 12 months of transitional period, and the non-residential house will be compensated by production stop loss by 6 months of transitional period. If the house-acquired person chooses the property right exchange, the temporary settlement by autonomous transitional way will be selected on principle, and if the house-required person chooses the real house settlement, the temporary settlement fees of 4 months will be paid. If the house-required person chooses the off-the-plan house settlement, the transitional period is 24 months. The residential settlement house Meihe Garden is located on the south of West Meihe Road in Shucheng County and on the north of Jinhu Settlement District. The construction area of Meihe Garden is 66251m2 (wherein, the multi-layer building area is 13712m2; the high-rise building area is 42460m2 and the basement area is 10079m2). The project was formally started from February 20, 2012, now completed the 12th layer main structure, and expected to be ended at the bottom of 2016. The construction area of Qingxi Park is 67483m2 (wherein, the multi-layer building area is 13333m2; the high-rise building area is 47150m2 and the basement area is 7000m2. The construction was started in 2010, and the phase-II works is expected to be ended at the end of 2016. The Yiyuan Yating settlement house works is close to the west of North Gulou Street in Chengguan Town and the south of Hangzhou North Main Canal. The total land area of project is 4685m2, the construction area is 4780m2, the construction of F1 and F2 commercial house is about 1600m2, there are 27 residential houses from F3 to F11, and the construction is about 3100m2. The phase-I works was started from March 2013, and the phase-II works is expected to be ended at the end of 2016. After the settlement houses are built, according to related regulations in Shucheng People's Government House Acquisition Announcement, acquired people choose the
114 settlement houses according to the settlement sequence number, and settle the housing fund, then the County House Settlement Department delivers the settlement houses. IV. Conclusion Workers in Shucheng House Acquisition and Compensation Management Office and Shucheng Chengguan dock community have rich working experience; the resettlement organization is configured with enough workers who have high quality, rich land requisition and resettlement experience, familiar with land requisition, house acquisition business and policy legal regulation, and can accurately implement all policies in land requisition and house acquisition, and exercise their own responsibility and tasks. In the resettlement policy implementation process, this project establishes transparent and effective complaint and representation channels. When affected people do not understand the policy, the land requisition and house acquisition personnel will arrange time to negotiate with affected people, Shucheng House Acquisition and Compensation Management Office and evaluation personnel and minimize the influence. Resettlement departments in the Shucheng Department of Land and Resources and the Land requisition Office in Shucheng Bureau of Housing and Urban are especially responsible to explain related affairs to resettlement works and tell affected people to appeal complaints to local dock community, Chenggan people's government or Shucheng House Acquisition and Compensation Management Office in the case of any problems, until the lawsuit is appealed to Shucheng people's government. According to the investment, the complaint or unsatisfaction of migrants are all solved; and in the whole resettlement process, there are no judicial lawsuits caused by resettlement.
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Total serial number of the Agreement: 1875 No.: 114, Group 1
Expropriation and Compensation Agreement for House (State-owned) Rebuilding (Land ) in Old City at North Bank of Nanxi River, Shucheng County
Party A: Office of House Expropriation and Compensation Management of Shucheng County Legal representative: Xia Meizheng Party B: Dong Shusheng ID No.: 342425195306160018 Contract No.: 18019917493 Agent: ID No.: Contract No.:
In accordance with the rebuilding and construction project in old city at north bank of Nanxi River and Decision on House Expropriation issued by People's Government of Shucheng County on July 11, 2015, now, we expropriate the houses on state-owned land in the scope of red line of project planning. In accordance with Regulation on Expropriation and Compensation for Building on State-owned Land, both parties reached the following compensation agreement after negotiation:
I. Current situation of expropriated house of Party B: located at: No. 31, Dongmen
116 Street, Chengguan Town, Matou Community, Chengguan Town, Property Ownership Certificate No.: W.S. Property Ownership Certificate, C.G.Z., No. 3-00300, land use right certificate No.: / , structure and area: brick concrete, 24.9m2, planned function: shop, other conditions: it is commercial brick concrete, 27.29m2. Property Ownership Certificate has been delivered. Seal: Property Ownership Certificate has been delivered.
II. Compensation method and amount Party B voluntarily selected method (I) for compensation. (I) Property right exchange 1. Party A shall provide Party B with the place of settlement house / , room number: No. 1949 (one thousand and nine hundred forty nine), house structure: frame, building area: 27.20m2, planned function: business. 2. For the price difference between the value of expropriated house and that of the house for property right exchange, Party B selects method (2) for settlement, and party shall pay party at yuan in total. (1) After the respective assessment on expropriation house and the settlement house provided by Party A, the value difference is: / yuan (Assessment Report No.: ) (2) Settle with the method of compensating preferential structure difference: (i) If the area of settlement house exceeding the area of expropriation house, the value difference shall be / yuan. I. If equal area is / m2, Party B shall compensate structure difference at yuan/m2, total: / yuan. II. If area exceeds within 10m2 for / m2, calculating in accordance with the cost price of settlement house (2050 yuan/m2), total: / yuan. III. If area exceeds from 10 to 20m2 for / m2, calculating in accordance with preferential price of settlement house (i.e. assessed market price) / yuan/m2, total / yuan. IV. If area exceeds 20m2 is / m2, in accordance with assessed market price of settlement house, total: / yuan. V. / m2 that ratio of residential pool area exceeding 12 %, such part shall be borne by expropriation party (ii) If settling with the method of compensating preferential structure difference and the area of settlement house is less than the area of expropriated house, the value difference shall be / yuan. The insufficient area is / m2, the assessed market price of settlement house is / yuan, deducting structure difference at / yuan/m2, settlement price is / yuan/m2, compensation amount is / yuan. 3. Compensation for removal Party A shall pay Party B compensation for removal at 9 yuan/m2, total: 489.60 yuan. 4. Temporary settlement, transient mode and transient term (I) If implementing the transient mode of resolving temporary transient itself, Party A shall pay Party B compensation for removal at 9 yuan/m2 for / month, total: / yuan. The transient term is / month (s). (ii) Party A shall provide the house (area: / , located at / ) for temporary settlement. Rest area is / m2, Party A shall pay compensation for removal at 9 yuan/m2 for / month, total: / yuan. If it exceeds / m2, Party B will pay the rent at / yuan/m2 per month, for / month, total: / yuan. 5. Loss compensation for production stopping and shop closing
117 Party A shall pay Party B loss compensation for production stopping and shop closing at 20.00 yuan/m2 for 24 months, total: 13,056.00 yuan.
(II) Monetary compensation 1. House of Party B is evaluated at / yuan. (Assessment Report No.: / ) 2. Temporary settlement, transient mode and transient term If temporary settlement is borne by Party B, Party A shall pay Party B for the temporary settlement fees at 9 yuan /m2 per month for 12 months, total: / . 3. Compensation for removal Party A shall pay Party B for the compensation for removal at / yuan /m2 for 1 time, total: / yuan. 4. Loss for production stopping and shop closing Party A shall compensate party for production stopping and shop closing at / yuan/m2 per month for 6 months, total: / yuan.
III. Other compensation (II) Compensation for decoration and appurtenants: 15,519.05 yuan. (III) Compensation for land in yard: / m2, / yuan. (IV) Compensation for residence changing to non-residence: / m2, / yuan. (V) Other compensation: / yuan.
IV. Payment Deadline of compensation (payment or compensation for area difference)
118 1. The compensation that Party A shall pay to Party B is / , total: 29,064.65 yuan; both parties agree to choose method (i) for payment: (i) pay when sign the agreement; (ii) pay before the date; (iii) pay when delivering the settlement house. 2. The payment that Party B shall pay to Party A is / , total: / yuan; both parties agree to choose method for payment: (i) for payment: (i) pay when sign the agreement; (ii) pay before the date; (iii) pay when delivering the settlement house; (iv) other payment way: . 2. Both parties agree to choose the method (i) for award payment: (i) for payment: (i) pay when sign the agreement; (ii) pay before the date; (iii) pay when delivering the settlement house.
V. Removal deadline Party B shall remove from the house and deliver it to Party A for diminishment before July 19, 2015; if not he or she will bear the liquidated damages at 100, 00 yuan per day.
VI. Award 1. If Party B signs in the stipulated period and remove from the house, he or she will get a performance award at 40.00 yaun/m2, subtitle: 3,000.00 yuan; contract signing in advance: 240.00 yuan/m2, subtitle: 6,528.00 yuan, total: 9,528.00 yuan.
VII. Responsibility for breach of contract The Agreement shall be effect as of the signature by both parties; after the signing of the compensation agreement, if one party fails to perform the obligations agreed in the compensation agreement, the other party has the right to file a suit according to laws.
VII. Handle on house property mortgage /
IX. Other agreement: /
X. Matters not mentioned in the agreement shall be executed in accordance with relevant national laws and regulations as well as the expropriation and compensation plan of the project.
XI. The agreement is made in four copies; Party A and Party B held one respectively and the other two copies shall be submitted to the Legislative Affairs Office of The People's Government of Shucheng County, County Housing and Urban-Rural Construction Agency for filing.
Party A (sign and seal): seal: Office of Party B (seal): Dong Shusheng House Expropriation and Compensation Management of Shucheng County Representative (sign): Representative (sign): xx day, xx month, xx year xx day, xx month, xx year Right verification Review (sign): Supervisor (sign): (sign):
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July 19, 2015 July 26, 2015 July 26, 2015
Shucheng County People's Government Seal: Office of House Expropriation and Compensation Management of Shucheng C ounty (The situation is factual) February 2, 2016 S. Z.M. [2015] No.: 107
Notice of House Expropriation of Shucheng County People's Government
For the rebuilding of the old city at north bank of Nanxi River, in accordance with Expropriation Compensation Rules on House on State-owned Land, Decree of the State Council No. 590, Shucheng County People's Government makes the decision of expropriation of state-owned land, house and appurtenant in the scope of red line of old city rebuilding project planning at north bank of Nanxi River (Shu Zheng Mi [2015] No.: 106). Relevant matters are hereby noticed as follow: I. Expropriation purpose: rebuilding of old city at north bank of Nanxi River II. Expropriation scope: reach to Longjin Avenue in east; reach to Nanxi River in south; reach to Chunqiu Road in west; reach to the delimited scope in south of Longshu Road and Dongmen Road in north. See House Expropriation Scope Red Line Drawing for detail. II. Expropriation department: Housing and Urban and Rural Construction Bureau of
120 Shucheng County. IV. Implementation unit of expropriation: Office of House Expropriation and Compensation Management of Shucheng County V. Contract signing term of expropriation: from July 12, 2015 to August 20, 2015. VI. After the confirmation on housing expropriation scope, those whose land is expropriated shall not implement acts apt to cause improper compensation charge such as building, enlarging, rebuilding house or changing the house function; if people violates the regulations, such people will not get compensation. VII. Use right for state-owned land shall be gotten back once the house is expropriated. VIII. Those whose land is expropriated shall sign House Expropriation Compensation Agreement with Office of House Expropriation and Compensation Management of Shucheng County in the signing term of validity regulated in the Notice in accordance with the expropriation decision and house expropriation compensation plan, and remove and hand the house according to the time agreed in the Agreement.
If those whose land is expropriated fail to sign House Expropriation Compensation Agreement with Office of House Expropriation and Compensation Management of Shucheng County in the stipulated term of validity, the organ will make compensation decision according to laws. IX. In case of any object to the decision of housing expropriation, those whose land is expropriated can apply for administrative review to Liu'an City People's Government with 60 days as of the issuing of the Notice, or institute legal proceedings to Liu'an City Intermediate People's Court with 6 months. Attachment: 1. Expropriation and Compensation Plan of House on State-owned Land in
121 Old City Rebuilding Project at North Bank of Nanxi River 2. Notice of Opinion Seeking and Amendment Condition of Expropriation Compensation Plan of House on State-owned Land in Old City Rebuilding Project at North Bank of Nanxi River
Seal: Shucheng County People's Government July 11, 2015
Made by education edition production of Autodesk
Drawing for place of settlement buildings
Shujian Company covers a land of 10,360.8m2 (about 15.5 mu)
Preparation filed covers a land of 38,906.72m2 (about 58.4 mu)
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Made by education edition production of Autodesk
Drawing for place of settlement buildings
Land A (Covering a land of 22,370m2, about 33.6 ms)
Land B (Covering a land of 33,006m2, about 45 ms)
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Land C (Covering a land of 38,094m2, about 57.1 ms)
Legend
Attachment 1 Expropriation and Compensation Plan for State-owned Land – Rebuilding Project in Old City at North Bank of Nanxi River In accordance with the Plan for National Economy and Society Development, Overall Plan for Land Utilization, Town and Country Plan and Specialized Plan of Shucheng County, Annual Plan for National Economy and Society Development 2015, and Regulation on Expropriation and Compensation of Buildings on State-owned Land [Decree of the State Council No. 590], now we publish the Plan for Expropriation and Compensation for houses in rebuilding project in old city at north bank of Nanxi River: I. Expropriation scope Reaching to Longjin Avenue in east; reaching to Nanxi River in south; reaching to Chunqiu Road in west; reaching to the delimited scope in south of Longshu Road and Dongmen Road in north. See House Expropriation Scope Red Line Drawing for detail. II. Expropriation purpose For the rebuild of old city at north bank of Nanxi River. III. Expropriation department and entrusted implementation unit Housing and Urban and Rural Construction Bureau of Shucheng County is the house expropriation department which takes charge of organizing to implement house expropriation and compensation; Office of House Expropriation and Compensation Management of Shucheng County is the entrusted implementation unit which takes in charge of the house expropriation and compensation. IV. Term of expropriation It shall be implemented as of the issuing of the Notice of House Expropriation Decision. V. Contract signing term of expropriation
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4. For issue of clarifying the delivery time of settlement building, provincial government has requested the settlement building unit to handle all procedures in advance and begin to establish a special group for work related to house removing, planning and design, drawing check, tendering, capital guarantee, environmental protection and the like, and publish implementation scheduling of the project to society. Source of settlement building and all types of house type images shall be published in the site office after planning, design and approval, and the price of settlement buildings shall be published on site. 5. For issues related to temporary settlement fees and standard on compensation for decoration. The temporary settlement fees stipulated in Shujian [2015] No. 26 is 9 yuan /m2 per month, which refers to the standard of Liu' an downtown. Such compensation for decoration and appurtenants is a regulation aiming at common decoration of most people; for fine decoration of the minority, if the compensation project has not been confirmed, the compensation price shall be confirmed after depreciation assessment. 6. For difficulty of temporary settlement, we will organize Agatanoatae units to service voluntarily, reinforce assistant and make efforts to settle the actual difficulties of those whose land is expropriated after the beginning of expropriation procedure; for people, with difficulties in renting house, whose are old and special, Chengguan Town will organize registration and check, and Office of House Guarantee will provide public renting houses as temporary houses to those whose land is expropriated for settlement. 7. Buildings without marks on air map shall be classified into two categories: i. missed, such buildings can be confirmed after Provincial Mapping Institute identifying aerial photos; ii. Built after aerial survey in 2009, any illegal constructions without the approval of planning departments after 2009 shall be not compensated according to regulations; if they actively cooperated the reconstruction of old city, sign agreement according to term of validity, remove and hand houses, they can get appropriate subsidy for materials. Specific standard is: frame: 300-380 yuan /m2, mixed subsidy: 200-300 yuan /m2, miscellaneous
125 subsidy: 100-200 yuan /m2. Execute in accordance with (Shujian [2015] No. 26)
(VII) Execute in accordance with relevant national laws when expropriating houses with mortgage right.
VII. Transient mode (I) If those whose land is expropriated choose monetary indemnity, the transient period of getting temporary settlement fees for the residential housing shall be 12 months, and the transient period of getting loss fees due to production stop or shop closing for the non-residential housing shall be 6 months. (II) If those whose land is expropriated choose exchange of property right, they will be temporarily settled by adopting own transition in principle, and temporary settlement fees shall be paid by expropriation party. If those whose land is expropriated choose ready house settlement, the expropriation party shall pay temporary settlement fees for four months. If they choose settlement with property under construction, the transient period shall be 24 months; for delivery in advance, it shall be calculated in accordance with actual transient period; for delivery over due, it shall be executed in accordance with relevant regulations from superiors. (III) The transient period shall be calculated as of the date of person signing expropriation compensation agreement, removing from the house and delivering keys. (IV) Compensation for removal, temporary settlement fees and loss fees shall be executed in accordance with Standard on Compensation and Subsidy Fees for National Housing Expropriation and Removal of Shucheng County 2015 (Shujian [2015] No.26). Those who choose property right exchange shall be given with tow-time compensation for removal. (V) If total house area of those who choose property right is less than 50m2, the settlement fees and compensation for removal shall be calculated in term of 50m2.
VIII. Reward (I) If those whose residence or commercial building is expropriated removes from the house, hands in relevant certificates and is passed the acceptance and sign the agreement in the stipulated term of contract signing, they can enjoy the following privileges: for the legally confirmed house and building area of settlement house, it can be calculated in line with the form of preferential structure difference; those settle ratio of residential pool area is 12 % or less than 12 % shall be calculated in accordance with the actuality, and the residential pool area exceeding 12 % shall be borne by expropriation party; for the residential pool area, the mapping of house property surveying and mapping department shall prevail (limited to high-rise or small high-rise residence or buildings).
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For those area of settlement house is less than the area of expropriated house, the compensation price for insufficient part shall be calculated in accordance with the method of assessed market price dividing preferential structure difference; That area of settlement house excesses the area of expropriated house shall be calculated in accordance with the following methods: (1) If the residence of those whose land is expropriated is selected in accordance with approximate area (the settlement area is increased), the part that settlement area excesses the area of expropriated area within 10m2 (inclusive of 10m2) shall be calculated in accordance with the cost price approved by the settlement house management department of Shucheng County; part from 10m2 to 20m2 (inclusive of 20m2) shall be calculated in accordance with preferential price for settlement house; part exceeding 20m2 shall be calculated in accordance with the assessed market price of settlement house. (2) If persons actively select settlement house cross type due to the improvement of residential living condition, after those whose land is expropriated apply for and agreement is reached with expropriation arty, the part settlement area excesses the area of expropriated area within 10m2 (inclusive of 10m2) shall be calculated in accordance with the cost price approved by the settlement house management department of Shucheng County; part exceeding 10m2 shall be calculated in accordance with the assessed market price of settlement house. (3) The part of settlement area of commercial buildings exceeds area of expropriated area within 10m2 (inclusive of 10m2) shall be calculated in accordance with 30 %-discount of assessed market price of settlement house; part exceeding 10m2 shall be calculated in accordance with assessed market price of settlement house. (4) Cost price of settlement house shall be decided by settlement house management department of Shucheng County, and assessed market price shall be decided by the appraisal organization selected; preferential price shall be: (cost price + assessed market
127 prize) / 2. (II) If those whose residence or commercial building is expropriated removes from the house, hands in relevant certificates and is passed the acceptance and sign the agreement in the stipulated term of contract signing, the expropriation party shall pay a reward for signing (removal) in advance in accordance with the following standard: Commercial buildings: the highest award: 240 yuan/m2 for contract signing (removal) in advance; residence house: 7. How to handle the buildings without mark on air map. 8. When to select house and what procedures should be handled. 9. Whether family splitting is available or not and what standards shall be abided for family splitting. 10. What to do for house damage or loss. 11. It is required that the information is transparent, open, fair and just. Now, we publish the reply of opinion collected and amendments for “Compensation Plan” as follows: 1. If the structures of expropriated buildings are frame, mixed structure, brick wood and others, construction costs are different severely, while the settlement houses are frame structure, so it will be unfair and unjust if calculating not on structural price difference. In term of the assessment and settlement price difference stipulated in Regulation on Expropriation and Compensation of Buildings on State-owned Land, the assessment price shall include the structure of the building, so structural price difference for different structure shall be counted in. Compared with Expropriation Opinion, we properly adjust the standard of structural price difference to fully considering the people in straitened circumstances. 2. For residential pool area, this policy is the continuation of our policy in past. Whereas the residential pool area of high-rise is large, that the part exceeding 12 % is borne by expropriation party is a preferential policy for those whose land is expropriated. In the scope of expropriation, there are a large amount of high-rise buildings, and most of them have an actual residential pool area more than 12 %, and moreover, some public corridor that should been calculated in building area is counted into building area as residential pool area. 3. For the phrasing of project, in the old city at north bank of Nanxi River, dilapidated houses are concentrated, facilities such as roads, water supply and sewage, power supply and the like leg behind severely, the river is littered with rubbish and living conditions are really terrible, so local residents and all sectors of society are eager to rebuilt the old city, while implementation phrase by phrase is not benefit for quickening the project construction procedure, so government decides to implement the project in whole and carry forward it in the round.
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Attachment 2 Notice of Opinion Seeking and Amendment Condition of Expropriation Compensation Plan of House on State-owned Land in Old City Rebuilding Project at North Bank of Nanxi River Person (unit) whose land is expropriated in rebuilding project of old city at north bank of Nanxi River, Shucheng County: In accordance with relevant laws, regulations and policy documents of expropriation of house on state-owned land, Shucheng Government issued Expropriation and Compensation Plan (Opinion Seeking) of House on State-owned Land in Old City Rebuilding Project at North Bank of Nanxi River (S.Z.M. [2015] No.: 48). We had received some opinions and suggestions by June 5, 2015, and then publish them as follows: 1. Whereas the standard on the compensation for structure difference in property right exchange is excessive and the adjustment range is also excessive comparing with previous years; meanwhile, the building structure is worse, the structure difference is higher, which is not in line with the principle to guarantee the benefits of people in straitened circumstances, it is required to lower the standard appropriately 2. Whereas the ratio they bear 12 % of residential pool area is excessive, it is required that persons whose land is expropriated will not bear or the ratio will be lowered 3. Whereas the project is too large and too many groups are involved, it is suggested that the government take the risks of the project into consideration and complete the project phrase by phrase. 4. It is required to clarify the planning drawing, house drawing, price and delivery time of settlement house under construction.
129 5. The standard of temporary settlement fees and compensation for decoration and appurtenant is underpriced. 6. There are too much people in straitened circumstances in old city and district, so their settlement houses shall be guaranteed, which embodies the government for people, of people. The highest award: 240 yuan /m2 for contract signing (removal) in advance. Those who sign the compensation agreement as of the first day to the fifteenth day, i.e. from July 12, 2015 to July 26, 2015, can get the award at 100 %; those who sign the compensation agreement as of the sixteenth day to the thirtieth day, i.e. from July 27, 2015 to August 10, 2015, can get the award at 70 %; if they sign the compensation agreement as of the thirty-first day to the fortieth day, i.e. from August 11, 2015 to August 20, 2015, the award will be reduced in accordance with the legal construction area for each delayed day, based on the award standard on the thirtieth day, wherein, residence is 4 yuan /m2 and commercial building is 8 yuan /m2. (III) Any one whose residence or commercial building is expropriated signs the agreement and remove from the house in the agreed signing term and deliver the house, the expropriation party will give the award for agreement performance at 40 yuan /m2. For those lower than 3,000 yuan, it will be calculated in accordance with 3,000 yuan (not for family splitting)
IX. Evaluation on house Evaluation on house shall be executed in accordance with Regulation on Evaluation for House Expropriation on State-owned Land (J.F. [2011], No. 77).
X. Compensation and settlement (I) For those who choose monetary compensation, after persons whose land is expropriated remove from the house and the original Property Ownership Certificate is logged out, the expropriation party will sign a expropriation and compensation agreement with them and pay for compensation all at once. (II) For those who choose property right exchange, it will be executed in accordance with the principle of house selection first on agreement signing first. People whose land is expropriated can select settlement house with the sequence number after they remove from the house, submit relevant certificates such as Property Ownership Certificate, pass the acceptance and then get sequence number for settlement, with the confirmation sheet of result of house expropriation and compensation and the confirmation sheet of compensation method. After the settlement houses are completed and passed the acceptance, the department of house expropriation shall issue the notice. The person whose land is expropriated shall pay the remainder in accordance with the agreement of house expropriation, compensation and settlement, and the department of house expropriation of Shucheng County shall immediately deliver the settlement house.
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Expropriation and Compensation of House for Old City Rebuilding of Nanxi River in Shucheng County Prepared by: Office of House Expropriation and Compensation Management of Shucheng
131 County (seal: Office of House Expropriation and Compensation Management of Shucheng County) July 23, 2015 Unit: No. Name Card No. Amount Bank 7 Chen Yun 623668178000015007568,044.68 China Zhou Construction Shengtian Bank is deceased. 148 Dong 6217001780006130090 38,592.65 China Shusheng Construction Bank 204 Zou Hui 6217001780006130405 111,280.85 China Construction Bank 205 Zou Hui 6217001780006130405 81,847.20 China Construction Bank 396 Jin Yumei 6217001780006138820 50,973.77 China Construction Bank 33 Pan 6217001780006137459 65,344.90 China Zhongxiang Construction Bank 433 Song 6217001780006134126 19,458.80 China Junyong Construction Bank 482 Zhu Jingyi 6217001780003916608 18,990.80 China Construction Bank 621 Shu Nan 6217001780006134464 11,481.30 China Construction Bank 135 Shu 6217001780006138036 97,055.33 China Yongan Construction Bank 63 Zhu Sheng 6217001780006137640153,068.52 China Construction Bank 373 Cui 6217001780006138663 30,837.13 China Xianhua Construction Bank 249 Gao 6217001780006130710 36,837.13 China Xianbin Construction Bank 458 Sun 6217001780006134340 30,896.43 China Changming Construction Bank 220 Liu Qihuai 6217001780006130512 56,661.09 China Hu
132 Construction Hongmei Bank 378 Chen Yun 6236681780000150075 77,333.05 China Construction Bank 356 Tong 6217001780006138556 26,870.50 China Xuanpu Construction Bank 599 Zhang 6227001781600073826 39,833.40 China Xinmin Construction Bank 355 Zhu 6217001780006137558 22,514.80 China Bennian Construction Bank 377 Pan 6217001780006138705 51,040.55 China Yu Gonglun Construction Honghan Bank
133