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RP: PRC: Nantai Island Inland River Rehabilitation Project, Fuzhou

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RP: PRC: Nantai Island Inland River Rehabilitation Project, Fuzhou RESETTLEMENT PLAN NANTAI ISLAND INLAND RIVER REHABILITATION PROJECT Supplementary Appendix to the Report and Recommendation of the President to the Board of Directors on the FUZHOU ENVIRONMENTAL IMPROVEMENT PROJECT in the PEOPLE’S REPUBLIC OF CHINA Fuzhou Urban Visual Construction Development Company This report was prepared by the Borrower and is not an ADB document. SEPTEMBER 2004 1 PREFACE This Resettlement Plan (RP) has been prepared by Fuzhou Urban Management Regulatory Bureau with assistance provided under the Technical Assistance Group of ADB. The RP has been formulated based on the PRC laws, local regulations and the Asian Development Bank (ADB) policies on Involuntary Resettlement. The RP provides effective approaches to the land acquisition and resettlement of Nantai Island Inland River Rehabilitation Project. The RP is based on socio-economic survey and households sample surveys of potentially affected persons (APs) according to the design. After concurrence from ADB, the RP will then be approved by Fuzhou Municipal Government (FMG). BRIEF INTRODUCTION AND APPROVAL OF THE RP Through Ministry of Finance, FMG has applied a loan from ADB to finance the project. Accordingly, the project must be implemented in compliance with ADB social safeguard policies. This RP represents a key requirement of ADB and will constitute the basis for land acquisition, compensation and resettlement. The RP complies with PRC laws and local regulations but includes some additional enhancement measures implementation and monitoring arrangements to ensure high quality resettlement results. FMG hereby approves the contents of this Resettlement Plan and guarantees that funds will be made available as stipulated in the budget. FMG has discussed the draft RP with relevant local officials and has obtained their concurrence. FMG authorizes Fuzhou Urban Management Regulatory Bureau as the responsible agency to manage the implementation of the Project and related resettlement activities, and every district government is responsible for implementation of the project and related resettlement activities within the district. Approved on ___________ (date) by:______ ________(Mayor, FMG) 2 Table of Content CHAPTER 1 INTRODUCTION ...................................................................................................... 1 1.1 INTRODUCTION ......................................................................................................................................1 1.2 SCOPE OF THE PROJECT .........................................................................................................................1 1.3 SOCIOECONOMIC BENEFITS ...................................................................................................................2 1.4 LAND ACQUISITION AND RESETTLEMENT IMPACTS ..............................................................................2 1.5 PREPARATION OF RESETTLEMENT PLAN (RP) .......................................................................................3 CHAPTER 2 IMPACTS OF LAND ACQUISITION AND RESETTLEMENT................................... 5 2.1 PRINCIPLES AND MEASURES TO MINIMIZE RESETTLEMENT .................................................................5 2.2 IDENTIFICATION OF APS.........................................................................................................................5 2.3 SCOPE OF LAND ACQUISITION AND RESETTLEMENT.............................................................................6 2.3.1 Permanent Land Acquisition .............................................................................................................7 2.3.2 Temporary Land Occupation.............................................................................................................7 2.3.3 Residential House Demolition...........................................................................................................7 2.3.4 Affected Enterprises and Shops.......................................................................................................10 2.3.5 Number of Affected Households and Population............................................................................21 2.3.6. Affected Public Facilities.................................................................................................................22 2.3.7 Infrastructures and Special Facilities .............................................................................................24 2.3.8 Impact on Historical Relics and Mineral Resources ......................................................................27 2.3.9 Vulnerable Groups...........................................................................................................................27 2.4 IMPACT ANALYSIS................................................................................................................................27 2.4.1 Impacts on Agriculture ....................................................................................................................27 2.4.2. Impacts on Building Demolition..........................................................................................................27 CHAPTER 3 LEGAL FRAMEWORK AND POLICIES................................................................. 29 3.1 SUMMARY OF CHINESE LAWS AND REGULATIONS ..............................................................................29 3.1.1 Land Administration Law of the PRC (1998) .................................................................................29 3.1.2 Implementing Regulations of the Land Administration Law ..........................................................29 3.1.3 Urban Housing and Resettlement Management Regulations.........................................................30 3.1.4 Urban Housing Compensation Policy and Resettlement Standard in Fujian and Fuzhou............31 3.2 ADB’S RESETTLEMENT POLICY AND SOCIAL PROTECTION STRATEGY ..............................................37 3.2.1 Involuntary Resettlement Policy of ADB.........................................................................................37 3.2.2 ADB’s Social Protection Strategy....................................................................................................38 3.3 DIFFERENCE BETWEEN CHINESE LAWS AND ADB POLICIES...............................................................39 3.3.1 Resettlement Compensation.............................................................................................................39 3.3.2 Lack of Rights ..................................................................................................................................39 3.3.3 Vulnerable Groups...........................................................................................................................39 3.3.4 Temporary Housing .........................................................................................................................40 3.4 PRINCIPLES OF RESETTLEMENT.............................................................................................................40 3.5 PRINCIPLES AND OBJECTIVES OF LAND ACQUISITION AND RESETTLEMENT.......................................40 3.5.1 Eligibility..........................................................................................................................................41 3.5.2 Compensation Principles.................................................................................................................41 3.6 CALCULATION OF COMPENSATION RATES ...........................................................................................44 3.6.1 Permanent Land Acquisition Compensation Rates.........................................................................44 3.6.2 Houses, Structures and Auxiliaries..................................................................................................45 3.6.3 Public Facilities and Infrastructures...............................................................................................45 3.6.4 Taxes on Land Acquisition...............................................................................................................46 3.6.5 Entitlement Matrix...........................................................................................................................46 CHAPTER 4 SOCIOECONOMIC PROFILE OF AFFECTED PEOPLE ......................................... 52 4.1 DEMOGRAPHICAL CHARACTERS OF THE SURVEYED HOUSEHOLDS......................................................52 4.2 LENGTH OF STAY IN PRESENT COMMUNITY AND HOUSING CONDITIONS .............................................53 4.3 HOUSEHOLD INCOME AND EXPENDITURE .............................................................................................53 4.4 PROPERTY OWNERSHIP ........................................................................................................................54 4.5 POOR HOUSEHOLDS...............................................................................................................................55 4.6 LAND, PRODUCTION AND INCOME ........................................................................................................55 3 4.7 CHOICES OF LAND ACQUISITION AND RESETTLEMENT AND COMPENSATION.......................................56 4.8 KNOWLEDGE OF THE PROJECT AND RP.................................................................................................57 4.9 KNOWLEDGE OF RELATED LAWS AND
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