Resettlement Plan
March 2019
People’s Republic of China: Chongqing Urban–Rural Infrastructure Development Demonstration II Project —Chongqing Tongnan Industrial Park (Southern Zone) Tianjia Town Highway
Prepared by the Chongqing Tongnan District Transport Construction and Development Co. Ltd for the People’s Republic of China and the Asian Development Bank.
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PRC-3022 Chongqing Urban-Rural Infrastructure Development II Project
Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway
Updated Resettlement Plan
Chongqing Tongnan District Transport Construction and
Development Co. Ltd
March 2019
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
Abbreviation
ADB Asian Development Bank AAOV Average Annual Output Value CMG Chongqing Municipal Government DI Design Institute DED Detail Engineering Design DMS Detail Measurement Survey EA Executive Agency FS Feasibility Study HD House Demolition IA Implementation Agency LA Land Acquisition LRB Land Resources Bureau LAR Land Acquisition and Resettlement M&E Monitoring and Evaluation National Development and Reform NDRC Commission PADO Poverty Alleviation and Development Office Chongqing Development and Reform CDRC Commission RP Resettlement Plan RIB Resettlement Information Booklet SES Socioeconomic Survey SPS Safeguard Policy Statement TRO Township Resettlement Office m2 Square meter Mu Equal to 666.7m2 km Kilometer
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
Table of Contents
Key Reasons of RP Update ------I Executive Summary ------II 1. Project Overview ------1 1.1. Project Background ------1 1.2. Construction and Impact Scope ------2 2. Project Impact ------2 2.1. Survey Method and Process ------2 2.2. Project Impact Scope and Overview ------2 2.3. Detailed Impact of Project ------3 2.3.1. Permanent Land Acquisition ------3 2.3.2. Temporary Land Acquisition ------6 2.3.3. Rural Residential House Demolition ------7 2.3.4. Affected Enterprises ------9 2.3.5. Affected Vulnerable Groups ------11 2.3.6. Affected Ground Attachments (structures) ------13 3. Socioeconomic Profile of the Project Area------15 3.1.1. Socioeconomic Profile of Project Affected Areas ------15 3.1.2. Socioeconomic Profile of Chongqing ------15 3.1.3. Socioeconomic Profile of Tongnan District ------15 3.1.4. Socioeconomic Profile of Project Affected Villages and Towns ------16 3.2. Socioeconomic Features of APs ------21 3.2.1. Survey Samples ------21 3.2.2. Statistical Characteristics of Family Demographics ------22 3.2.3. Demographic Composition ------23 3.2.4. Age Distribution ------23 3.2.5. Education Background ------23 3.2.6. Employment of Labors ------24 3.2.7. Housing Conditions ------25 3.2.8. Land Resources ------25 3.2.9. Annual Income and Expenditures of Households ------25 3.2.10. Resettlement Willingness ------28 3.3. Women's Development in the Project Area ------31 3.3.1. Analysis on Gender Difference in the Project Area ------31 3.5.1.1 Gender Difference in Education ------31 3.5.1.2 Gender Difference in Occupation ------32 3.5.1.3 Gender Difference in Income ------33 3.3.2. Roles of Women in Family Life ------35 3.3.3. Women Development Measures ------36
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
4. Legal and Policy Framework ------37 4.1. Introduction to Laws, Regulations and Policies ------37 4.2. ADB Safeguard Policy Statement ------39 4.3. Policy Gap Analysis and Gap-Filling Measures------41 4.4. Compensation Principles of the Project ------44 5. Resettlement Principles and Compensation Eligibility ------46 5.1. Resettlement Principle ------46 5.2. Compensation Standards ------46 5.2.1. Compensation Standard for Permanent Land Acquisition ------46 5.2.2. Compensation Standard for Fishpond ------48 5.2.3. Compensation Standard for Standing Crops ------48 5.2.4. Compensation Standards Ground Attachments ------49 5.2.5. Compensation Standards for Tombs ------49 5.2.6. Compensation Standards for Temporary Land Occupation ------49 5.2.7. Compensation Standards for Rural Houses ------50 5.2.8. Compensation Standards for Enterprises ------54 5.2.9. Standards for Land Tax and Other Relevant Cost ------56 5.2 Entitlement Matrix ------56 6 Restoration and Resettlement measures ------62 6.1Impact of permanent land acquisition and resettlement ------62 6.1.1 Income loss assessment ------62 6.1.3 Endowment insurance for APs changed to non-agricultural status ------64 6.1.4 Resettlement for APs not changing to non-agricultural status ------68 6.1.5 Income restoration and employment Services to the Affected Persons ------69 6.2 Residential Relocation and Resettlement Program ------76 6.2.1Resettlement by Cash Compensation ------76 6.2.2 Resettlement by replacement land (self-built houses) in the villages ------77 6.3 Resettlement Plan for Affected Enterprises ------81 6.4 Relocation Plan for Affected Tombs ------83 6.5 Economic Restoration Plan for Affected Vulnerable Groups ------83 6.6 Gender Strategy ------85 7 Organization and Responsibilities ------86 7.1Organizations ------86 7.2 Responsibilities ------86 8 Budget ------89 8.1Resettlement Budget------89 8.2 Resettlement Fund Management and Disbursement ------93 8.2.1Fund flow ------93 8.2.2Appropriation Plan ------94 9 Information Disclosure and Public Participation ------95 9.1Determination of Stakeholders ------95 9.2 Information Disclosure ------95
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
9.3 Contents of Information Disclosure ------95 9.4 Public Participation ------96 9.5.1 Public Participation during Project Preparation ------96 9.5.2Participation Plan during Implementation ------100 9.5 Grievance Redress Mechanism ------102 10 Implementation Plan for Resettlement ------107 10.2 Implementation Principles for Resettlement ------107 10.3 Implementation Schedule for Resettlement ------107 11 Monitoring and Evaluation ------110 11.1 Internal Monitoring ------110 11.1.1 Implementation Procedures ------110 11.1.2 Monitoring Contents ------110 11.1.3 Internal Monitoring Report ------111 11.2 External Monitoring ------111 Appendix 1: Resettlement Information Brochure ------114 Appendix 2: Terms of Reference for Resettlement External Monitoring and Evaluation -- 128 ppendix 4 Legal Provisions of China on Land Acquisition and Resettlement------146
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
LIST OF TABLES
Table 2-1 Project Affected Persons ...... 3 Table 2-2 Scope of Project Land Acquisition and Demolition ...... 3 Table 2-3 Permanent Land Acquisition Impact of Project ...... 5 Table 2-4 Cultivated Land Loss ...... 6 Table 2-5 Affected Resident House...... 7 Table 2-6 Affected Enterprises ...... 9 Table 2-7 Affected Vulnerable Groups ...... 12 Table 3-1 Comparison on Socioeconomics of Chongqing and Tongnan ...... 15 Table 3-2 Socioeconomic Profile of Project Affected Towns - 2018 ...... 17 Table 3-3 Socioeconomic Profile of Project Affected Villages - 2018 ...... 18 Table 3-4 Sampling Survey Design for Project Affected Households ...... 21 Table 3-5 Survey Data for APs ...... 22 Table 3-6 Housing Conditions of Investigated Households ...... 25 Table 3-7 Land Resources of Investigated Households ...... 25 Table 3-8 Annual Income and Expenditure Structure of Rural Households...... 27 Table 3-9 Annual Incomes and Expenditures of Rural Households ...... 28 Table 3-10 Resettlement Willingness Survey for Households Affected by Land Acquisition ...... 29 Table 3-11 Resettlement Willingness Survey for Households Affected by House Demolition30 Table 3-12 Comparison on Shares of Incomes of Male and Female Labor Forces in Household Income ...... 34 Table 3-13 Share of Women's Income in Household Income in 2016 ...... 35 Table 4-1 Summary of Project-related Polices and Regulations ...... 37 Table 5-1 Times of AAOV for Compensation for Permanent Land Acquisition ...... 48 Table 5-2 Compensation Rate for Ground Attachments ...... 49 Table 5-3 House Compensation Standards of Tongnan District (Cash Compensation) ...... 51 Table 5-4 Compensation Standard for House Demolition in Tongnan District ...... 53 Table 5-5 Standards for Land Tax and Other Relevant Cost ...... 56 Table 5-6 Entitlement Matrix ...... 57 Table6-1 Loss of Land Income due to Land Acquisition ...... 62 Table6-2 APs will be changed to non-agricultural status ...... 64 Table6-3 Comparison of Benefits after Changing to Non-agricultural Status ...... 65 Table 6-4 Endowment Insurance Contributions and Draws by Different Ages of APs ...... 66 Table6-5 Training Provided by Local Government ...... 73 Table6-6 Plan of Livelihood Recovery Measures of Farmers whose Land is Acquired ...... 76 Table 6-7 Relevant Costs of Housing plot Replacement for House Building ...... 80 Table 6-8 Economic Restoration Plan for the Vulnerable Groups Affected by the Project ...... 84 Table 8-1 Resettlement Budget ...... 90 Table 9-1 Public Participation during Project Preparation ...... 98 Table9-2 Project Public Participation Plan ...... 100 Table10-3 Main Contacts of Relevant Departments ...... 104
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
Table 11-1 Implementation Schedule for Resettlement ...... 107
LIST OF FIGURES
Fig. 2-1 Typical Demolition House Structure-Brick-Concrete Structure ...... 8 Fig. 2-2 Typical Demolition House Structure-Brick-Wood Structure ...... 8 Fig. 2-3 Typical Demolition House Structure-Simple Structure ...... 9 Fig. 2-4 Affected Company (Mushroom Farm of Tongnan Return-to-the-Nature Planting Corporation ) ...... 10 Fig. 3-1 Comparison on Educational Difference between Male and Female ...... 32 Fig. 3-2 Occupational Difference between Male and Female ...... 33 Fig. 3-3 Income Difference between Male and Female...... 35
ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
Key Reasons of RP Update
A Resettlement Plan for Chongqing Tongnan Industrial Park (Southern Zone) to Tianjia Town Highway was prepared in March 2018 based on the FSR design and site survey. In July 2018, the project boundary was basically confirmed by the Detail Engineering
Design (DED). The land Detail Measurement Survey (DMS) was started from 10 July 2018 and completed by 20th November 2018. . In parallel with the DMS, 7 HD households at Zitong Town had reached agreements with the Land Acquisition and Resettlement Office (LARO) between
October 2018 and January 2019, for which a resettlement Due Diligence Report has been prepared as Appendix 3 of this report.
According to the DED, the road alignment has been optimized in order to avoid a larger demolition of residential houses and to balance the amount of landcut or landfill. For this reason, the impact on land acquisition and house demolition has changed in some extent when compared with the original RP:
1. A new village with 16 HHs and 87 PAPs at one community was identified to be affected in LA;
2. The extent of LA changed from 620.3mu to 795.3mu;
3. The number of affected HD households increased from 52 to 120;
4. In March 2018, the policy on cash compensation standard for house demolition of Tongnan
District was improved, which means the implementation standard of cash compensation for HD of the project should follow the improved policy.
For above reasons, the RP has been updated in line with ADB SPS 2009.
P I Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
Executive Summary
A. Project Overview 1. Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway is a sub- project proposed to utilize the loan savings from ADB Financed Chongqing Urban-Rural Infrastructure Development Project II (hereinafter referred to as “the project”). The project will construct a new highway of 8.893km long in total. The proposed alignment starts from Tianjia Town of Tongnan District, ends at Tongnan Industrial Park Southern Zone. The total cost estimate of the project is RMB 489.884 million, including resettlement cost estimate at RMB 156.514 million. B. Land Acquisition and Resettlement Scope 2. Land acquisition and house demolition of the project will affect 2 sub-district (township), 5 administrative villages. The permanent land acquisition is 795.3 mu, which is all rural collective land, including 560.4 mu cultivated land (accounting for 70.5% of the total land area), 17.9 mu housing plot land (2.3%), 4.8 mu garden land (0.6%), 52.5 mu forest land (6.6%), 16.8 mu fish pond (2%) and 15.6 mu (2%) of other types of land (primarily waste land and uncultivated land). The temporary land occupation is 67.7 mu. There are 538 households with 1,805 persons to be affected, including 129 households that will be significantly affected (farmer households with more than 10% land loss) 3. The rural house demolition is 12,903.9m2, including buildings with brick-concrete structure of 8,503.4m2, buildings with brick-wood structure of 5,244.2m2 and buildings with simple structure of 1,977.8 m2. There are 120 households with 273 persons to be affected and 120 of them are affected by land acquisition at the same time. The project will affect 5 enterprises, of which one enterprise will be affected with house demolition of 3,397m2 (mushroom workshop and office). C. Policy Framework and Entitlements 4. The resettlement plan is prepared according to land acquisition laws and policies of the People’s Republic of China, Chongqing Municipality, and Tongnan District and ADB Safeguard Policy Statement (SPS 2009). The general objectives of the land acquisition, resettlement, and economic restoration of the project are to ensure that affected production infrastructure will be restored, affected labor will be reemployed, affected persons’ incomes and living standards will be improved or at least restored to the level prior to demolition and resettlement. D. Compensation Standards 5. For land, the compensation includes land acquisition, resettlement subsidy and compensation fees for standing crops. The land compensation standard for Class I area (Zitong Sub-district) is CNY 17,000/mu; Class II area (Tianjia Town) is 16,500/mu. The resettlement subsidy is CNY 36,000 yuan per person who will be transferred to non-
P II Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
agricultural residents. For standing crops, the compensation rate is 2,500 yuan/mu for vegetables and 2,000 yuan/mu for food crops. 6. For AHs to be relocated under the cash compensation option, the AHs can receive the compensation for houses (RMB 873/m2 for brick-iron-concrete structure, 795yuan/m2 for brick-concrete structure, 634 yuan/m2 for brick-wood structure, 473 yuan/m2 for earth wall, and 161 yuan/m2 for simple structures.)and facilities, moving subsidy (1,000yuan per household), transition subsidy (3,600 RMB per person) and relocation cash subsidy (102,000 RMB/person in Zitong Sub-district and 90,000 RMB/person in Tian Jia town). 7. For AHs to be relocated under the self-built houses option, in addition to get the housing plot, the AHs can get compensation for houses (1,185yuan/m2 for brick-concrete structure, 946 yuan/m2 for brick-wood structure, 707 yuan/m2 for earth wall, and 161 yuan/m2), moving subsidy (1,000yuan per household) and relocation subsidy (3,600 RMB per person). 8. 5 enterprises will be affected, of which 4 enterprises will be acquired with 52.97mu of land with attachments, whilst one enterprise, i.e. Chongqiing Tongmu Natural Planting Corporate (CTNPC) will be affected by house demolition. Although DMS conducted, the agreement of compensation and relocation was not reached up to date of 31 January 2019 According to the DMS results and observation on site, the structures impacted were simple structures. For simple color steel structure, the compensation is 161yuan/m2. Except for impact to the house structure, some assets, such as boiler, airconditioners, pumps and so on, were all recorded in the DMS result, however, price of compensation was not included. As consulted to the evaluation agency, compensation for houses, business loss, and cost for moving equipment will be negotiated with the affected enterprises. 9. The CTNPC can be re-built nearby. As of November 2018, the enterprise had selected an ideal site for re-construction. According to the owner of CTNPC, the re-construction would be commenced right after completion of signature of HD agreement. During the period of transition and re-construction of the facilities, all affected workers would be temporarily arranged to other jobs of CTNPC and go back to its original position after completion of business re-launch, without any reduction in their salaries. E. Resettlement and Restoration 10. Rural household incomes are mainly from work outside and other non-agricultural income that accounts for 90% of the total and agricultural income only accounts for 10%. Therefore, land acquisition is expected to have a limited impact on the incomes and living of affected households. The project has developed a detailed economic restoration plan that covers all the affected persons, measures include endowment insurance for APs changed from agricultural to non-agricultural status and employment service for affected persons (arranging employment by the government, supporting self-employment, skills training, petty loan guarantee for women). All these measures will offset the farmers’ losses arising from land acquisition. 11. The AHs can choose cash compensation or built houses within the village. The resettlement for AHs within the urban planning area will be offered cash compensation
P III Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
while resettlement of AHs outside of urban planning area will be offered either cash compensation or replacement land (self-built housing). F. Public Participation and Grievance Redress 12. Since June 2017, the Design Institute (DI) and land acquisition and resettlement survey team have conducted a series of socioeconomic surveys and public consultations (46% women participants). For the sample survey, 143 households subject to land acquisition were sampled, accounting for 27% of the total. 87 such households are sampled face-to- face, accounting for 73% of the total 120 AHs. HD households who were not at home, telephone interviews or interviews with their relatives, neighbors or community leaders were conducted to verify their willingness/possibilities of resettlement. Meanwhile, the survey team visited the relevant sub-districts, towns, villages to further confirm the land acquisition and resettlement policies. Since November 2018 (during RP updating), the land acquisition and resettlement survey team conducted supplementary survey to Group 1 of Heilong Village and 5 enterprises, which were identified as new affected units on top of the existing. The team also reviewed the performance of public participation and grievance mechanism throughout the DMS and assessed that the public participation was undertaken as planned in the RP, and the grievance mechanism was functioning. 13. The project has established an effective and transparent grievance redress mechanism. Complaints can be made through the following channels/stages starting from the village committee up to the Tongnan County People’s Court. All complaints will be recorded and monitored by the PMO. G. Organization 14. The implementation agency of the project is Transport Construction Investment Co., Ltd. of Tongnan District (IU). For resettlement and land acquisition, Land Acquisition Center of Land Resources Bureau will provide professional guidance, the IU will be responsible for coordination, and the townships will be responsible for implementation. H. Implementation Plan 15. As of end 2018, some HD agreement signing and compensation payment was started in Zitong subdistrict. See Appendix 3 for the resettlement DDR of Zitong part. For others, the resettlement schedule has been developed as Section 10 of this report. It was planned that all the departments would start land acquisition works in March 2019. I. Resettlement Budget 16. Compensation for resettlement is estimated at 156.514 million RMB. J. Monitoring and Evaluation Two lines of monitoring will be established: Firstly, the government departments will constitute the internal monitoring system and conduct monitoring from government administration perspective; secondly, an external monitoring institute will be engaged from April 2019 to conduct monitoring and evaluation through social surveys. The baseline survey will be conducted before the external monitoring starts and the baseline survey report will be submitted to ADB and the PMO. The external monitor will also prepare and
P IV Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
submit a resettlement completion report to ADB and the PMO within one year after completion of all resettlement activities.
P V Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
1. Project Overview
1.1. Project Background
1. Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Project
(hereinafter referred as “Tongnan Project”) is a sub-project proposed to utilize the loan savings of ADB Financed Chongqing Urban-Rural Infrastructure Development II Project. The new
highway will be 8.893km long.
2. The executing agency of this project is Chongqing Municipal Government. The project implementing agency is Tongnan District Transport Construction Investment Co., Ltd (PIA). The detail engineering design (DED) of the project was basically completed in July 2018 and
finally confirmed by the PIA in November 2018. This RP is updated based on the final design and result of DMS. For the 7 HHs affected by house demolition who have signed the agreement and received the compensation in Zitong town, a resettlement due diligence
report has been prepared to review the HD process in Annex III. Table 1-1 shows the resettlement progress by the end of January 2019.
Table 1-1 Resettlement Progress (By the end of January 2019)
Key Progress Progress Tasks Total Indicators Completed To be implemented
Land Marking 795.32mu 795.32 mu 0 DMS Detail Survey 795.32 mu 795.32 mu 0
LA Agreement 795.32 mu 0 795.32 mu Sign-up
Compensation 795.32 mu 0 795.32 mu
DMS 120HHs 120 HHs 0
Agreement HD 120 HHs 7 HHs1 113 HHs Sign-up
Compensation 120 HHs 7 HHs 113 HHs
1 See Appendix 3 for the DDR of implemented HD process at Zitong part.
P 1 Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
According to the latest estimate made during the site survey in January 2019 by the PIA, it is expected the project construction might be started in March 2019 and expected to be completed in June 2020.
1.2. Construction and Impact Scope
3. This project is located in the Tongnan District, Chongqing. This alignment is planned to start from Tianjia Town, passes through Xiaoqiao village (Tianjia Town), Luohan village
(Tianjia Town), Fozhen village (Tianjia Town), Heilong village (Tianjia Town), Bajiao village (Tianjia Town) and ends at Tongnan Industrial Park Southern Zone (Zitong Subdistrict Shaolou community). The alignment position is basically in parallel to Chongqing-Suining Expressway.
Construction scope: the design standard of highway is urban secondary trunk road and Grade I highway. The design speed is 60km/h. The right of way is 26m. It is designed as a divided four-lane highway. Land acquisition and demolition scope has been identified
as per the project boundaries. Construction includes 5 bridges with a total length of 890m, including 2 overpasses and 3 river-crossing bridges. The project includes road works, bridge works, structural works, drainage works, lighting works, and traffic works.
Figure 1-1 Project Alignment
4. Measures to Avoid or Minimize Land Acquisition and Demolition. Avoiding where possible or minimize impact of LA&R on socioeconomic development and people's living in the project implementation area is the basic requirement for implementation of this project.
P 2 Transport Construction Investment Co., Ltd. of Tongnan District ADB-financed Chongqing Tongnan Industrial Park (Southern Zone) ~ Tianjia Town Highway Resettlement Plan
During investigation and design stages, project site and project boundary are determined as per the following principles:
Avoid cultural landscape (including venues for religious activities such as temples) and key cultural relics protection unit. Avoid or reduce occupation of existing and planned residential area.
Avoid or reduce occupation of existing enterprises. Avoid or reduce occupation of environmentally sensitive area
5. The PDI conducted site scouting and consultation with local government officials.
Based on the site visits and consultations, the following measures were taken up to minimize resettlement impacts: