APPENDIX D-1:

Dingxing County WWTP Resettlement Plan

Dingxing County WWTP Resettlement Plan

Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project

Wastewater Treatment Plant Project,

Dingxing County

Resettlement Plan

Urban Construction and Development Corporation,

Dingxing County

July 2007

Dingxing County WWTP Resettlement Plan

Catalogue

1 PROJECT INTRODUCTION ...... 1

1.1 BRIEF INTRODUCTION OF THE PROJECT...... 1 1.1.1 Project Composition and Scope of Land Acquisition...... 1 1.1.2 Project Impacts...... 4 1.2 PROJECT ESTIMATED SOCIO-ECONOMIC BENEFITS ...... 4 1.3 COST ESTIMATE AND IMPLEMENTATION PLAN ...... 5

2 PROJECT IMPACTS AND SOCIOECONOMIC STATUS OF THE PROJECT AREA ...... 6

2.1 MEASURES TO AVOID OR MINIMIZE THE IMPACTS OF LAND ACQUISITION ...... 6 2.1.1 Project Design and Site-selection Principle ...... 6 2.1.2 Project Scheme Comparison ...... 6 2.2 SURVEY MEASURES AND PROCESS...... 7 2.3 SOCIOECONOMIC STATUS OF THE AFFECTED COUNTY AND TOWN...... 7 2.4 SOCIOECONOMIC STATUS OF THE AFFECTED VILLAGE ...... 9 2.5 PROJECT IMPACTS...... 10 2.5.1 Permanent Collective-owned Land Acquisition and Project Impacts Analysis ...... 10 2.5.2 Temporary Land Occupation ...... 10 2.5.3 Permanent State-owned Land Acquisition ...... 14 2.5.4 Affected Population and Basic Economic Status ...... 14 2.5.5 Vulnerable Groups...... 15 2.5.6 Impacts on Women...... 16 2.5.7 Infrastructure and Ground Attachment...... 16 2.5.8 Public opinion Survey ...... 17

3 LEGAL FRAMEWORK AND POLICIES ...... 20

3.1 APPLICABLE LAWS, REGULATIONS & POLICIES FOR RESETTLEMENT ...... 20 3.2 ADB POLICIES ...... 21 3.3 CHINA’S LAWS, REGULATIONS AND RELEVANT ARTICLES ...... 22 3.4 COMPENSATION PRINCIPLES FOR THIS PROJECT ...... 31 3.5 COMPENSATION ELIGIBILITY CUT-OFF DATE ...... 31 3.6 DEFINITION OF THE RESETTLEMENT RATE ...... 31 3.6.1 Collective-owned Land Acquisition ...... 31 3.6.2 Temporary Land Occupation Compensation...... 32 3.6.3 Infrastructures and Ground attachments Compensation...... 32 3.6.4 Other Compensation standard...... 33 3.7 ENTITLEMENT MATRIX ...... 35

4 RESETTLEMENT MEASURES...... 37

4.1 OBJECTIVES OF RESETTLEMENT...... 37 4.2 RESTORATION MEASURES OF THE PERMANENTLY REQUISITIONED COLLECTIVE LAND ...... 37 4.2.1 Land Reajustment and Cash Compensation...... 37 4.2.2 APs Training ...... 38

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4.2.3 Project Employment...... 38 4.2.4 Suggestion for Livelihood Restoration ...... 39 4.3 WOMEN’S RIGHTS ...... 40 4.4 RESTORATION OF TEMPORARILY OCCUPIED LAND ...... 40 4.5 RESTORATION OF INFRASTRUCTURES AND GROUND ATTACHMENTS ...... 41

5 INSTITUTIONAL FRAMEWORK ...... 42

5.1 INSTITUTION ESTABLISHMENT ...... 42 5.2 STAFF ARRANGEMENT AND TRAINING PLAN ...... 42 5.2.1 Staff Arrangement...... 42 5.2.2 Training Plan...... 43 5.3 ENHANCEMENT MEASURES FOR RESETTLEMENT INSTITUTIONS...... 43

6 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS...... 44

6.1 PUBLIC PARTICIPATION...... 44 6.1.1 Public Participation in the Project Preparation Period...... 44 6.1.2 Participation Plan in the Period of Implementation...... 45 6.2 GRIEVANCE REDRESS...... 46

7 RESETTLEMENT COST ESTIMATE ...... 48

7.1 RESETTLEMENT COST ESTIMATE ...... 48 7.2 RESETTLEMENT INVESTMENT PLAN AND BUDGETARY RESOURCES ...... 49 7.3 RESETTLEMENT FUND MANAGEMENT AND DISBURSEMENT ...... 50

8 RESETTLEMENT IMPLEMENTATION PLAN...... 51

8.1 PRINCIPLES OF RESETTLEMENT IMPLEMENTATION ...... 51 8.2 SCHEDULE FOR RESETTLEMENT IMPLEMENTATION ...... 51

9 MONITORING AND EVALUATION ...... 53

9.1 INTERNAL MONITORING...... 53 9.2 EXTERNAL MONITORING...... 54

APPENDIX 1 OUTLINE OF EXTERNAL MONITORING ...... 56

APPENDIX 2 PUBLIC PARTICIPATION MEETING MINUTES...... 59

APPENDIX 3 RESETTLEMENT INFORMATION BOOKLET...... 60

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List of Tables

TABLE 1-1 BRIEF DESCRIPTION OF PROJECT COMPOSITION...... 2 TABLE 2-1 TWO COMPARING SCHEMES FOR THE PROJECT ...... 7 TABLE 2-2 IMPACT ANALYSIS OF PERMANENT LAND ACQUISITION ...... 10 TABLE 2-3 TEMPORARY LAND OCCUPATION CONDITION...... 12 TABLE 2-4 AFFECTED POPULATION STATISTICS ...... ERROR! BOOKMARK NOT DEFINED. TABLE 2-5 FAMILY INCOME AND EXPENDITURE ANALYSIS ...... 15 TABLE 2-6 BASIC INFRASTRUCTURE AND GROUND ATTACHMENT AFFECTED BY PROJECT ...... 17 TABLE 2-7 SURVEY RESULTS OF PUBLIC OPINIONS ...... 18 TABLE 3-1 SUMMARY OF MAIN ARTICLES IN LAND ADMINISTRATION LAW AND RELEVANT POLICIES ..... 24 TABLE 3-2 REF. NO.GF [2004]28, REF. NO.GTZF [2004]238, JZ [2004]151, DZ [2005]71 AND THEIR APPLICATION...... 27 TABLE 3-3 RESETTLEMENT PRINCIPLES OF THE PROJECT...... 31 TABLE 3-4 COLLECTIVE LAND ACQUISITION COMPENSATION STANDARD OF THE PROJECT ...... 32 TABLE 3-5 COMPENSATION RATE FOR TEMPORARILY OCCUPIED ROAD...... 32 TABLE 3-6 INFRASTRUCTURE AND GROUND ATTACHMENTS RESETTLEMENT STANDARD OF THE PROJECT ...... 32 TABLE 3-7 OTHER COMPENSATION STANDARD OF THE PROJECT...... 34 TABLE 3-8 ENTITLEMENT MATRIX ...... 35 TABLE 4-1 COMPENSATIONS FOR VILLAGE GROUP & PERSONS AFFECTED BY LAND ACQUISITION...... 38 TABLE 4-2 TECHNICAL TRAINING PLAN FOR APS ...... 38 TABLE 4-3 INPUT AND OUTPUT ANALYSIS OF THE MAIN CROPS ...... 39 TABLE 5-1 STAFF ARRANGEMENT IN RESETTLEMENT INSTITUTIONS INVOLVED IN THE PROJECT...... 43 TABLE 5-2 RESETTLEMENT STAFF TRAINING PLAN...... 43 TABLE 6-1 PUBLIC PARTICIPATION DURING THE PERIOD OF PROJECT PREPARATION...... 45 TABLE 6-2 PROJECT PUBLIC PARTICIPATION PLAN ...... 46 TABLE 7-1 RESETTLEMENT COMPENSATION COST ESTIMATE OF DINGXING COUNTY URBAN CONSTRUCTION & DEVELOPMENT CORPORATION ...... 49 TABLE 7-2 RESETTLEMENT INVESTMENT PLAN OF DINGXING COUNTY WWTP ...... 49 TABLE 8-1 SCHEDULE OF RESETTLEMENT IMPLEMENTATION ...... ERROR! BOOKMARK NOT DEFINED. TABLE 9-1 PROGRESS REPORT ON LAND ACQUISITION AND RESETTLEMENT...... 54 TABLE 9-2 EXECUTIVE PROGRESS ON FUNDS UTILIZATION...... 54 TABLE 9-3 SCHEDULE FOR RESETTLEMENT MONITORING AND EVALUATION ...... 55

List of Figures

FIGURE 1-1 PROJECT SKETCH MAP ...... 3 FIGURE 2-1 LOCATION MAP OF DINGXING COUNTY...... 8 FIGURE 2-2 LOCATION MAP OF BEITIAN TOWNSHIP ...... 9 FIGURE 5-1 INSTITUTIONAL FRAMEWORK FIGURE FOR RP ...... 42

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Letter of Commitment

Through Ministry of Finance, Municipal Government (BMG) is applying for the loan from the Asian Development Bank (ADB) to finance the present project. Therefore, the implementation of the present project should be in compliance with ADB’s policies of Social Safeguards. This Resettlement Plan represents a key requirement of the ADB and is the key basis for land acquisition, house demolition and resettlement in the present project. This Resettlement Plan also complies with the laws of the People’s Republic of China and local regulations. Besides, for better resettlement outcome it adopts additional measures and arrangements for implementation and monitoring.

BMG hereby approves the contents of this Resettlement Plan and guarantees that resettlement budget has been included in the whole project budget and it will be made available as stipulated. BMG has discussed the draft Resettlement Plan with relevant departments and the latter have confirmed their acceptance. BMG authorizes Baoding ADB Project Management Office to be responsible for all project implementation and relevant resettlement activities. Related local governments take charge of actual subproject implementation and executing relevant resettlement.

Mayor, Baoding Municipal Government

______(signature) ______(date)

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Executive Summary

Dingxing County WWTP Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, which is funded by ADB. After the implementation of the project, it will greatly ameliorate the pollution condition of Dingxing County, mitigate the water pollutants and improve the water environment, which is good for the local people’s health and development of the industry and agriculture. Dingxing County WWTP consists of a wastewater treatment plant project, an auxiliary pipeline network project and a Booster Pumping Station Project. Dingxing County Urban Construction and Development Corporation will be the implementing agency of the project.The Resettlement Plan is based on the feasibility study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval.

The project will last 16 months from February 2008 to June 2009. The land Acquisition, compensation and resettlement implementation plan to start in September 2007 and end in December 2007. The resettlement cost is CNY 4.249 million (according to the price of the first half year of 2006), including the basic cost of land acquisition, relevant tax, fees and contingencies. The cost of the resettlement project accounts for 4.98% of the whole project.

The main impacts of Dingxing County WWTP Project mainly are from permanent land acquisition and temporary land occupation in Xijin Village, Beitian Township, Dingxing County, Baoding City. The construction will need permanent land acquisition of 56.115 mu collective reserve land, which is all irrigated land and is contracted to households with a one-year contract by village committee. There will be 7 households or 38 persons affected by permanent land acquisition. In addition, two kinds of land will be affected by temporary land occupation, including 143.74mu of state-owned land all of which is non-maneuverable lanes, and 26.61mu collective-owned land all of which is rural earth road. Furthermore, the project will affect two pumping wells used for irrigation, 60 trees (diameter>10cm), 80 trees (diameter<=10cm) and 20 tombs.

In order to avoid or reduce the negative impacts of land acquisition, during the feasibility study phase, it is given more consideration and discussion with the affected villages and the APs. The best one was selected after comparing and optimizing the schemes.

This Resettlement Plan is based on the Land Administration Law of the People’s Republic of China (2004), State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (Ref. No. GF [2004] 28), related policies of province and Baoding municipality, ADB’s Policy on Involuntary Resettlement, and other relevant policies for social security. Also through negotiation with local government and APs, the principles for preparation of this Resettlement Plan are: (i) Involuntary - D-1-II - Dingxing County WWTP Resettlement Plan resettlement should be avoided or minimized where feasible; (ii) Compensation and entitlements provided for the APs should be able to at least maintain, or improve their “pre-project” standard of living; (iii) No matter whether they have legal entitlements will All APs be compensated and assisted; (iv) Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or through land replacement and other income-generating activities will provided for; (v) All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income restoration plans, project timing, and will be involved in RP implementation; (vi) No land acquisition will take place unless replacement land or sufficient compensation are given to APs; (vii) The EA and independent/ third party will monitor compensation and resettlement operations; (viii) Vulnerable groups (including women) will receive special assistance or treatment to ensure then to better off. APs should have the opportunities to benefit from the Project; (ix) RP should be combined with overall county planning; (x) RP budget should be adequate and cover full aspects.

As to the permanent land acquisition, the land acquisition compensation includes land compensation fee, resettlement subsidies, and young crops compensation fee. The land acquisition compensation for the annual output value of irrigated land is CNY 1,250/mu, the compensation multiple is 20, in which land compensation multiple is 7.2 and resettlement multiple is 12.8.

The income restoration measures include cash compensation, land adjustment and employment priority. According to the agreement with the village committee, the land in reserve will be distributed to affected households so as to guarantee them to gain the same quantity and quality of land which is permanently acquired. Young crops compensation fee will be disbursed directly to the affected households. The compenasation fee for the affected collective-owned reserve land acquisition and the resettlement subsidies will be paid to the village committee and will be allocated for the construction of some basic infrastructure and commonweal in the village. In addition, the affected labors will get priority to be employed in the project implementation.

Through different ways, such as, meetings, interviews and group discussions, public participations and negotiations within communities, all the affected persons (including 30% women) were informed of the key content of the resettlement plan. Villagers participated in the project and their opinions were included in the plan. The Resettlement Information Booklet and Resettlement Plan were handed out to the affected persons and villages in Jan. 2007. The draft Resettlement Plan was publicized on the ADB’s official website in March 2007. The grievance redress channel has been established for the affected persons. Each relevant agency should process the complaint and grievance redress from the affected persons for free, and the reasonable fee resulted will be covered by the contingencies.

Dingxing County Urban Construction and Development Corporation will be the implementing agency of the project. Dingxing County WWTP Project Leading Team

- D-1-III - Dingxing County WWTP Resettlement Plan will carry out the specific responsibility for implementation of the Resettlement Plan. In order to ensure that the Resettlement Plan will be carried out smoothly, Baoding Project Management Office (BPMO) will submit an internal monitoring report to ADB each quarter and meanwhile will entrust independent monitoring agency to conduct external monitoring and evaluation and submit the external monitoring reports to ADB and BPMO every six months during the resettlement implementation and submit annual evaluation reports as well within 2 years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website. The monitoring and evaluation cost is included in the budget of the resettlement cost.

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Abbreviations

ADB Asian Development Bank APs Affected persons BMG Baoding Municipal Government CNY Chinese currency DMS Detailed Measurement Survey EA Executing agency HH Household IA Implementing agency LA Land acquisition LAR Land acquisition and resettlement MLR Ministry of Land and Recourses M&E Monitoring & Evaluation Mu Chinese land area unit of measure: 1 mu = 0.0667 ha AAOV Average annual output value PMO Project management office PPTA Project preparatory technical assistance PRC People’s Republic of China RP Resettlement plan TOR Terms of reference WWTP Wastewater treatment plant

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Glossary or Terminology

Affected person (or : People (households) affected by project-related changes in use of land, water household) or other natural resources. Compensation : Money or payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income. Entitlement : Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Income restoration : Reestablishing income sources and livelihoods of people affected Relocation : Rebuilding housing, assets, including productive land, and public infrastructure in another location. Resettlement effect : Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms. Resettlement plan : A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Vulnerable groups : Distinct groups of people who might suffer disproportionately from resettlement effects.

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1 Project Introduction

1.1 Brief Introduction of the Project

Dingxing County WWTP Project is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project in Baoding City, Hebei Province, which is funded by ADB. The objective of the proposed project is to prevent wastewater from discharging into Juma River directly, so as to protect Juma River water body, the urban environment, and the environment of Baiyangdian Lake Catchment, which can enhance sustainable development of Dingxing County’s economy. After the implementation of the project, it will greatly ameliorate the pollution condition of Dingxing County, mitigate the water pollutants and improve the water environment, raise the life quality of inhabitants, ensure the sustainable development of regional industry and agriculture. The project consists of a WWTP project with a treatment capacity of 30,000m3/d, an auxiliary pipeline network which is 31.102 km, and a Booster Pumping Station with 280L/s capacity.

Being entrusted by Dingxing County Government, Hebei Provance, Hebei Province Urban Design & Research Institute has finished “The Feasibility study Report of Dingxing County Wastewater Treatment Plant Project” in May 2006, and the Resettlement Plan is based on the feasibility study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval.

1.1.1 Project Composition and Scope of Land Acquisition

Dingxing County Wastewater Treament Plant Project consists of Dingxing County WWTP project, an auxiliary pipeline network, and a Booster Pumping Station. Refer to Table 1-1 for the project compensation.

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Table 1-1 Brief Description of Project Composition Project Brief Description Remarks Establish a proposed WWTP in the Xijin Village, Beitian Township, southeast of Urban Dingxing County, which is in the Permanent land acquisition north riverbank of Nanjuma River spill-dam. The treatment involves Xijin Village in Beitian capacity of the proposed WWTP is 20,000m3 per day Township, Dingxing County, WWTP Project (long-future it would be 40,000m3 per day). Compared between with the acquired BIOLAK and Orbal oxidation ditch process, BIOLAK is taken to collective-owned land use by the proposed WWTP. The wastewater mainly comes 56.115mu, which is all basic from domestic sewage and industrial wastewater discharge farmland. (except for poisoned and harmful industrial wastewater). Temporary state-owned land occupation is 143.74mu, all of Auxiliary The project will improve the wastewater pipeline system of which is non- maneuverable Pipeline Dingxing County. Pipe diameter: D400-1200mm, pipe length: lanes; and temepory Network 31.1km, concrete wastewater pipeline adopted. collective-owned land Project occupation is 26.61mu, all of which is rural earth road.

Upgrading an existing booster pumping station to a new booster Booster Permanent land acquisition pumping station. This is located in the north of Nanhuan Road, Pumping covers state-owned land with an between original 107 National Highway and Beijing-Guangzhou Station Project area od 0.5mu. Railway.

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Figure 1-1 Project Sketch Map

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1.1.2 Project Impacts

The main impacts of Dingxing County WWTP Project mainly are from permanent land acquisition and temporary land occupation in Xijin Village, Beitian Township, Dingxing County, Baoding City.

The construction of WWTP will need permanent land acquisition of 56.115 mu collective land in reserve. All of the land belongs to No. 6 Group of Xijin Village. The acquire land is all irrigated land and is contracted to households with a one-year contract by village committee. There will be 7 households or 38 persons affected by permanent land acquisition, of which, 1 person is minority. No vulnerable groups such as poor households will be involved in the APs.

Pipeline network construction will temporarily occupy both state-owned land and collective-owned land. It will need to dig 31.102m road, temporarily occupying 143.74mu of state-owned land all of which is non-maneuverable lanes, and 26.61mu collective-owned land all of which is rural earth road. No farmland will be affected in the temporary land occupation, nor residential houses, enterprises or shops demolishment will happen.

Booster Pumping Station construction will need 0.5mu state-owned land which is transferred for free.

Furthermore, the project will affect two pumping wells used for irrigation, 60 trees (diameter>10cm), 80 trees (diameter<=10cm) and 20 tombs.

1.2 Project Estimated Socio-economic Benefits

The benefited area is the urban zone of Dingxing County, and according to the plan, the total service area of the wastewater treatment system is 12.2k m2. The implementation of the project is divided into several periods. The recent auxiliary network construction service area is 8.6 km2 with a population of 84,000.

The estimated socioeconomic benefits of the proposed project are: (1) Control the pollution of Haihe River Basin and protect the water resources; (2) Protect the water quality of South-to-North Water Transfer Project line; (3) Improve the city environment of Dingxing County and ensure the health of inhabitants; (4) Improve the sustainable development of Dingxing County and mitigate the tense condition of water resources; (5) Ameliorate the eco-environment of Nanjuma River and Baiyangdian Lake and improve the development of local agriculture.

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1.3 Cost Estimate and Implementation Plan

The total cost estimate for The Dingxing County Wastewater Treatment Plant Project is CNY 85.325 million and among which CNY 4.249 million is for the resettlement cost estimate, accounting for 4.98% of the total cost estimate.

The Dingxing County Wastewater Treatment Plant Project will last 16 months from February 2008 to June 2009. According to the schedule of the implementation, Dingxing County Urban Construction and Development Corporation started the Resettlement Plan in August 2006 and the Resettlement Plan was finished on December 2006 and was submitted to ADB for a review in January 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September 2007.

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2 Project Impacts and Socioeconomic Status of the Project Area

2.1 Measures to Avoid or Minimize the Impacts of Land Acquisition

2.1.1 Project Design and Site-selection Principle

In the phase of project design, in consideration of minimizing the area of acquisition and resettlement, the main principles are:

- Avoid or reduce the occupation of the present and planning residential districts; - Avoid or reduce the occupation of high-quality cultivated land; - Utilize the existing roads available to the project site, either by the national ones or the local ones; - Pipeline construction should utilize the existing ones and decrease the length of new pipelines so as to reduce existing road digging and impact of temporary land occupation; - Avoid or reduce the occupation of the environmentally sensitive area.

2.1.2 Project Scheme Comparison

(1) Site-selection Scheme of WWTP

There are two site-selection schemes for Dingxing County WWTP. The first scheme: Zhoujia Village in the southeast of Urban Dingxing County. The whole topography of this site is described to be flat and lower than the urban area, which is covenient for wastewater collection. Treated water from WWTP will discharge into Zhoujiazhuang River nearby, and eventually empty into Nanjima River. The second scheme: Xijin Village in Beitian Township, southeast of Dingxing County. The village is located outside the urban area, treated water from WWTP can be discharged into Nanjuma River nearly and directly, which can help to avoid pollution possibility of the treated water. Details of the two comparing schemes are shown in Table 2-1。

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Table 2-1 Two Comparing Schemes for the Project Comparing Items Scheme I Scheme II The whole topography is flat and lower than The whole topography is flat and lower than urban area, which is convenient for wastewater urban area, which is convenient for wastewater Environmental collection. Treated water from WWTP will collection. Treated water from WWTP will Status discharge into Zhoujiazhuang River nearby, discharge into Nanjima River directly, which and eventually empty into Nanjima River. can help to avoid pollution possibility of the treated water. Located on the skirt of urban area, and in the Located ouside the urban area, and in the down wind position of the leading direction of down wind position of the leading direction of Environmental wind in summer, thus, the odor and noise will wind in summer, thus, the odor and noise will Impact impose less impact on the urban area when impose no impact on the urban area when the the WWTP is in operation. WWTP is in operation. Neither residential houses nor other structures Neither residential houses nor other structures WWTP exist in the proposed WWTP construction site. exist in the proposed WWTP construction site. Permanent Land It is more convenient for permanent land It is more convenient for permanent land Acquisition acquisition. acquisition. The proposed WWTP is located in the bottom The proposed WWTP is located outside the Relationship of the Urban Drainage System. It is easy for urban area, and in the backward position of Between WWTP wastewater collection and conveyance. Nanjuma River. It has a large scope of and Pipeline wastewater collection. However, the pipeline is Networks much longer. Area 3.895ha 3.741ha

Through comparing and optimizing, the second scheme is selected for the construction site of the WWTP.

2.2 Survey Measures and Process

In August 2006, in order to know the impact condition and according to the requirement of ADB, Dingxing County Urban Construction and Development Corporation technicians, project design institute and the resettlement plan design team from Hohai University conducted surveys on various indexes of affected physical goods with the coordination of the cadres and villagers in affected villages and groups. An overall account was conducted on household basis. In the mean time, the survey was conducted door to door with all affected families (5 households), including family members, land acquisition impacts, family financial conditions and resettlement wills. The survey group also went deep into the village committee and village group and invited further opinions and proposals on the resettlement in form of conversation and negotiation participated by the village committee, village group and persons to be affected.

2.3 Socioeconomic Status of the Affected County and Town

Dingxing County is located in the central part of Hebei Province, 52km away from Baoding City. The geographical coordinate is from 39。05’ to 39。20’ north altitude, from 115 。3’ 8 to 115。20’ east longitude. Dingxing County nears City in the east and Yi County in the west, and marches with and Xushui County in the south and in the north. Also, Dingxing County is located in the hinterland - D-1-7 - Dingxing County WWTP Resettlement Plan of Beijing City, Tianjin City and Baoding City. The total area of the county is 714km2, and the total population is 0.532 million with an average population density of 743.7 persons per square kilometers. Dingxing County administers 4 towns, 12 townships, and totally 274 administration villages. There are 1.061 million mu of land in the county, of which, 0.742 million mu is cultivated land. The main agricultural products in the county are corn, soybeans, peanuts, delicious potatoes and so on. The raising industry focuses on pigs, cattles, sheeps and poultry. The forest coverage rate in the county is 10.5%, and the timber cumulation is total 0.79 million m3.

Beijing-Guangzhou Highway passes through Dingxing County, the highway length inside the county is 24.3 km with a passenger transport amount of 0.934 million person-times. The total road length of the county is 253.1km, of which, there is 24.5km National Highway named Beijing-Shenzhen Highway with a yearly freight amount of 64,000 tons.

Among these years, industry of Dingxing County develops very fast. Pillar industries include automobile manufacture, mechanism process, light industry and spinning, construction material, and fine chemical industry. In total, there are more than 2,000 industrial enterprises in the county. Industry of Dingxing County aims at size development, which means high capacity, high levels and more science and technology content. There are many large-size enterprises such as Baoding Gas Engine Manufacture Ltd., Baoding Tianma Automobile Ltd., Baoding Dadi Automobile Ltd., Hebei Lihua Hat-making Group, and so on, which enhance the integrated capacity of the county economy.

Dingxing County

Baoding Municipality

Figure 2-1 Location Map of Dingxing County

Beitian Township is located in the southeast of Dingxing County with a total area of 26.9 km2. The township government is 15km away from the urban county. Beitian Township nears by Neizhang Village and Fangjiazhuang Village in the west, connects with Yangcun Village and Jiaguang Township of Rongcheng County in the south, marches with Northen - D-1-8 - Dingxing County WWTP Resettlement Plan

Nancai Township in the east, and has a common boundary with Liyu Village and Weijiaying Township. Up to 2006, population in Beitian Township was totally 37,221, most of them are of Han Nationality. The second bigger nationality is Manchurian. There are also Mongolian, Zhuang and Dai nationalities in the township. Beitian Township owns a total area of 3,185 ha land with a yearly grain production of 29,495 tons. Township enterprises produce an income of CNY 176.00 million. Net income of farmers is CNY 2,415 per capita. Financial income of the township is CNY 2.85 million.

The whole topography of the township is described to be flat, and the east area is a little lower than the west. Nanjuma River flows along the south of Beitian Township, from west to east. Most of the villages in Beitian Township are located in the north bank of Nanjuma River, close to each other, coming into a belt shape from west to east. There are totally 25,861 mu cultivated land with mainly production of wheat, corn, peanut, cotton and tingle yam. Of which, 279 mu is township farm, and 24,320mu is irrigated land.

Beitian Township

Figure 2-2 Location Map of Beitian Township

2.4 Socioeconomic Status of the Affected Village

The permanent collective-owned land acquisition involves Xijin Village, Beitian Town. The village is located to the west of the 107th National Highway and to the east of the north bank of Nanjuma River. It has a common boundary with Dagou Village in the north, nears by Xizhang Village in the south, and connects with Lianggezhuang Village in the east. The village has overall 1,045 households, total population of 5,117 and land of more than 6,000mu. Among the total area of land, more than 5,000mu is contracted land, and about 400mu is reserve land of the village. In addition, there are 300mu of sand land, 200mu of forest land and 50mu of orchard land.

Wheat and corn is the main grain products in Xijin Village. Wheat and corn is all planted once a year with a production of 500 kg per mu and 650kg per mu, respectively. The common economic crops in the village comprise of cotton, tingle yam, garlic and

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asparagus. Net income is more than CNY 1,000 per capita in the village.

The population of labor force in the village is 3,500. Among the population, 300 male labors are migrant workers for years, 1,000 are doing business in the hometown, and 500 are engaged in mason work inside or nearby the village. Among the female labors, some work as mason in the village, 70 females work in 4 clothes factories nearby, and 100 are migrant labors for years. The rest employ themselves in farming.

2.5 Project Impacts

2.5.1 Permanent Collective-owned Land Acquisition and Project Impacts Analysis

2.5.1.1 Permanent Collective-owned Land Acquisition The construction of WWTP will need permanent land acquisition of 56.115 mu collective land in reserve. All the land belongs to Xijin Village. The acquired land is all irrigated land and before land acquisition it is contracted to households with a one-year contract by village committee.

2.5.1.2 Impact Analysis of Permanent Collective-owned Land Acquisition The construction of WWTP will need permanent land acquisition of 56.115 mu collective land, which accounts for 0.94% of the total cultivated land in Xijin Village. Refer to Table 2-2 to find the impact analysis of permanent land acquisition.

Table 2-2 Impact Analysis of Permanent Land Acquisition Before Land Acquisition Impact of Land Acquisition Impact of Land Acquisition Rate of Total Total Cultivated Cultivated Ratio of Ratio of Village Affected Land Households Population Land Land APs Households Population Households Acquisition (HHs) (person) (mu) (mu) (%) (%) (%) Xijin 1,405 5,117 6,000 56.115 7 38 0.50 0.74 0.94

All the acquired 56.115mu of land is basic farmland with higher farming outputs. For the 7 affected households, average loss rate of the contracted land is 60.8%. Before land acquisition, there is totally 400mu reserve land in the village. After land acquisition, the same quantity and quality of land as before land acquisition will be distributed to the affected households from the reserve land,this is, 56.115 mu cultivated reserve land (14% of the total reserve land) will belong to the afftected households. Therefore, land acquisition won’t bring any distinct impacts on them.

2.5.2 Temporary Land Occupation

According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network. Digging mud from WWTP will be conveyed to the sanitary landfill belonging to Dingxing County

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Office of Environment and Sanitation, with no temporary land occupation requirement.

The total temporarily occupied land area is 170.35 mu. Among all the land, there is 143.74mu of state-owned land all of which is non-maneuverable lanes of the state-owned road. Dingxing County conducted an investigation on the state-owned road affected by the 27,222 m of pipeline construction, the results show that pipeline construction will cause some inconvenient temporarily on 712 residential households or 2,413 persons’ temporary egression and 362 non-residential households or 5,139 persons’ parking and freight. However, pipeline construction will make tiny effect on the nearby residents and shops, because the road is wide enough to make use of the existing drainage ditch. Thus, it is no need to compensate the households and shops along the lane for the impacts. At the same time, the engineering and environmental protecting measures should not excessively disturb surrounding environment and construction monitoring should be adopted in the implementation. 23.76mu of collective-owned land will be temporarily occupied by the project, all of which is rural earth road. No shops along the road will be affected. Pipeline construction will be implemented together with the planned road; therefore, no extra impacts will be caused. The occupied period for land construction is 10 days. During the implementation, monitoring and public consultation for the APs should be conducted to make sure valid and fast construction. If the construction period exceeds 10 days, the construction unit will pay affteced households and enterprises 100 yuan/day, the fee will come from the contingencies. Refer to Table 2-3 and Figure 1-1 for information of temporary land occupation.

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Table 2-3 Temporary Land Occupation Condition Road Pipeline Pipeline Length Residential House Non-residential House Area of Temporary Land Occupation Road Segment Types Diameter (M) HHs Population No. Population (M2) 1 D400 880 70 352 2,948 2 D400 1,180 20 70 10 800 3,953 3 D400 1,480 47 141 16 160 4,958 4 1 D500 801 34 102 8 900 2,763.45 4 2 D600 1,084 3,848.2 5 D400 800 2,680 Lateral Pipeline 6 1 D800 1,197 80 240 156 312 4,967.55 6 2 D1,000 462 2,009.7 6 3 D400 200 670 7 1 D500 1,607 10 30 12 1200 5,544.15 7 2 D400 600 2,010 8 1 D400 400 9 27 5 500 1,340 8 2 D500 1,549 5,344.05 Vertical 1 D500 700 2415 Pipeline 2 D500 1,497 87 261 5 20 5,164.65 3 1 D500 1,487 85 255 35 105 5,130.15 3 2 D400 300 1005 4 1 D600 293 20 65 85 340 1,040.15 4 2 D500 1,355 4,674.75 4 3 D400 300 1005 5 1 D500 1,913 118 354 4 450 6,599.85 5 2 D400 300 1,005 6 D400 420 11 33 2 5 1,407 7 1 D400 420 7 25 1,407 7 2 D500 650 2,242.5 8 1 D400 1640 12 50 5494

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Road Pipeline Pipeline Length Residential House Non-residential House Area of Temporary Land Occupation Road Segment Types Diameter (M) HHs Population No. Population (M2) 8 2 D500 647 2,232.15 9 1 D400 700 102 408 24 347 2345 9 2 D500 703 2,425.35 9 3 D1,000 1,646 7,160.1 9 4 D1,200 3,347 15,898.25 10 D500 544 1,876.8 Total 31102 712 2,413 362 5,139 113,563.8

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2.5.3 Permanent State-owned Land Acquisition

Booster Pumping Station of the project will acquire 0.5 mu of state-owned land, which is the reserve land collected for the construction of railway and National Highway 107 many years ago. Now Dingxing County Urban Construction bureau has the right of use for this land. As the proposed wastewater treatment project is a public-benefited project, and Urban Construction Co., Ltd. Which is the project implementing unit is the affiliated company of the City Construction Bureau. At last, this land will be transferred to Urban Construction Co., Ltd. for free.

2.5.4 Affected Population and Basic Economic Status

(1) Affected Population

The affected population is caused by the collective-owned land acquisition. The land acquisition directly affects 7 households with 38 persons in Xijin Village, of which, one is minority. The temporarily occupied land is both state-owned roads and collective-owned land, however, no one is directly affected, and only 7,552 persons will be temporarily disturbed.

(2) Basic Economic Status of Affected Population

In order to know the basic status of the affected people, the Socioeconomic Survey Team has conducted a sample survey on the affected households, including 5 household samples, which accounts for 71.4% of total affected households of permanent land acquisition. Refer to Table 2-4 to find the basic economic status of the affected households.

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Table 2-4 Family Income and Expenditure Analysis items income Yuan/household Yuan/capita ratio Agricultural Incom 19788 3957.6 659.6 18.9% Sideline Income 2800 560.0 93.3 2.7% Family Annual Income of Migrant Workers 39400 7880.0 1313.3 37.7% Income (CNY) Other income 42600 8520.0 1420.0 40.7% subtotal 104588 20917.6 3486.3 100.0% Seeds 6324 1264.8 210.8 7.6% Pesticide and Fertilizer 6530 1306.0 217.7 7.8% Irrigation Fee 6865 1373.0 228.8 8.2% Machine Work 7924 1584.8 264.1 9.5% Living Water Fee 305 61.0 10.2 0.4% Electricity Fee 1280 256.0 42.7 1.5% 家庭支出 Communication 6000 1200.0 200.0 7.2% Education 7160 1432.0 238.7 8.6% Medical Service 25420 5084.0 847.3 30.4% Fuel 3360 672.0 112.0 4.0% Food 10300 2060.0 343.3 12.3% Others 2095 419.0 69.8 2.5% subtotal 83563 16712.6 2785.4 100.0% Savings 21025 4205.0 700.8 Net income 76945 12824.2 1923.6

As shown in the above table, in terms of family income of the 5 sample households, agricultural income accounts for a small percentage of the total income with 17.6%, 17.5%, 16.7%, 25.2% and 20.2% for the 5 sample households respectively. The highest percentage is only 25.2%, and the lowest percentage is as small as 17.5%. That is to say, non-agricultural industry is the main income source of the households in the project affected area, comprising of sideline, animal breeding, migrant workers, salaries from enterprises, and so on. Since affected households rely less on land, permanent land acquisition causes tiny impacts on local farmers.

2.5.5 Vulnerable Groups

Among the 5 sampled households, there are 1 minority household and 1 poor household. The monority household and the poor household have nearly the same input and output for crops. The minority household has been living together with the Han People for several generations, thus, it has been integrated into Han People in the language, clothes, living habits, as well as customs. In general, the project impacts on the minority household are the same as other households, and the compensation rate will be the same. As we can see from Table 2-4, the poor household’s family expenditure is much higher than others, since the poor household has to pay a large amount of medical service fee. According to the interview, we find that, there are 10 persons in the poor

- D-1-15 - Dingxing County WWTP Resettlement Plan household, and the wife of the interviewee suffers from a serious disease which costs huge medical service fee. In other words, the cause leading to poverty is the sickness but not lack of labour force. In terms of the household’s family income, most is from migrant workers accounting for 76.9% of the total income, while agricultural income only accounts for 16.7% of the total which is much less. Therefore, project impact of poverty is tiny. In addition, livelihood restoration of the poor household will be easier since there is rich labor force in it.

2.5.6 Impacts on Women

Among the affected population, there are 21 women, 55.3% of the total population. In the land-requisitioned households, there is no such household in which single woman is the master laborer because of losing spouse, being divorced or being deserted etc. According to the socioeconomic survey, the affected women enjoy the legal rights as well as men, including cultivated land contracting, education receiving, family planning and voting etc. Most of the surveyed women think that they have the same self-governance rights on production and management as men. They can choose to be migrant workers or to start their own family business. Of course, male and female take different parts in family life and production. Women do more housework and some nonagricultural productions which they can deal with by themselves, such as yam and asparagus planting. Some are even engaged in mason work in their own village or nearby villages. Men in Xijin Village mainly undertake construction work or labor migration. Generally speaking, women’s working time is 1.2 times of men’s.

The main income resources of the affected women are from agricultural planting and mason work. Their per capita net income is about CNY 1,000, accounting for 27% of their total family income. Before the proposed project, the village committee promises to redistribute the same quantity and quality of land to the affected households, therefore, the project construction and land acquisition won’t bring any exceptional distinct impacts on women.

2.5.7 Infrastructure and Ground Attachment

According to the investigation, the project will affect two pumping wells used for irrigation, 60 trees (diameter>10cm), 80 trees (diameter<=10cm) and 20 tombs. Table 2-5presents the index of basic infrastructure and ground attachment affected by project.

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Table 2-5 Basic Infrastructure and Ground Attachment Affected by Project Items Unit Quantity Pumping Well for Irrigation no. 2 60 trees (diameter>10cm) no. 60 80 trees (diameter<=10cm) no. 80 Tombs no. 20

2.5.8 Public opinion Survey

Among the 8 investigated households, 6 households or 80% are familiar with the project; 8 households or 100% agree with the project; 100% of the households consider the proposed project to benefit all national, collective and individual; 60% are dissatisfied with present water supply service; 6 households consider the present water environment to affect living seriously; 100% of the households regard the project as good for body and mind’s health; 5 households think it possible to reduce income because of land acquisition caused by project construction; 5 households know relevant policies about land acquisition and resettlement; and 8 households or 100% know to appeal to concerned departments when their legal rights are infringed. Refer to Table 2-6 for the survey results of public opinions.

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Table 2-6 Survey Results of Public Opinions Results No. Questions Answers Investigated 1 2 3 4 5 Populations Population Percentage (%) Population % Population % Population % Population % 1 (1)very familiar Are you (2)not very familiar with 8 6 0.8 2 0.3 familiar the project? (3)unfamiliar 2 (1)support Do you (2)disapprove support this 8 1.0 (3)it doesn’t project? matter 3 Who do you (1)nation think the (2)collective proposed (3)individual 8 1.0 8 1.0 8 1.0 project will benefit? 4 Are you (1)very satisfied satisfied with (2)just so so the present (3)unsatisfied 1 0.1 2 0.3 5 0.6 water (4)it doesn’t condition? matter 5 How does (1)no (2)not water serious shortage or (3)serious environmental (4)very serious 2 0.3 6 0.8 pollution impact your life? 6 What benefit (1)improve living do you think environment the project (2)improve will bring working 8 1.0 8 1.0 3 0.4 8 1.0 you? environment (3)increase job opportunity

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(4)good for health 7 What (1)no disadvantage disadvantage do you think (2)impact the project transportation will give you? (3)house demolishment will lead to 3 0.4 5 0.6 economic loss (4)the land acquisition will reduce family income (5)other disadvantageous impacts 8 Do you know (1) know about policies (2) know some of land (3) don’t know 1 0.1 5 0.6 2 0.3 acquisition and resettlement? 9 Do you know (1) know that you can (2) don’t know appeal to concerned 8 1.0 departments when your rights are infringed?

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3 Legal Framework and Policies

3.1 Applicable Laws, Regulations & Policies for Resettlement

The resettlement policies of this project are mostly based on ASIAN DEVELOPMENT BANK (ADB)’s policies and relevant laws and regulations of the People’s Republic of China, including:

ADB Policies and Guidelines - Involuntary Resettlement, Asia Development Bank (ADB), Manila. 1995; - Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; - Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; - OM Section F2 —Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila,2006.

Laws and Regulations of PRC - Land Administration Law of the People’s Republic of China (effective as of 28 August, 2004) - State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF [2004]28) - Regulations on the Protection of Basic Farmland (effective as of 1 January, 1999) - Provisions of Public Hearings on Land and Resources (MLR, effective as of 1 May 2004) - Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Resources in 2004) (Ref. No.GTZF [2004]238) - Pre-examination Management Methods of Land for Construction Project (Document 27 in 2004, MLR) - Public Announcement Methods on Land Requisition (MLR, effective as of 1 Jan. 2002) - Regulations on Land Administration of Hebei Province (effective as of 27 May, 2005) - Protection Regulation on Basic Farmland of Hebei Province (effective as of 29 November, 2003) - Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial peoples’ government) (JZ[2004]151) - Transferred circular on charge management methods for urban road occupation and excavation (effective as of 16 October 1993) (JJC[1994] 6) - Circular on temporary methods of compensation for permanent collective-owned land acquisition and resettlement in Urban Dingxing County (effective as of 21 July 2005) (DXZ[2005]71)

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3.2 ADB Policies

The three important elements of involuntary resettlement of ADB are: (i) compensation for lost assets and loss of livelihood and income: (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services: and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Some or all of these elements may be present in projects involving involuntary resettlement. For any project that requires involuntary resettlement, resettlement should be an integral part of project design and should be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:

(i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (iii) Replacing what is lost. If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost. (iv) Each involuntary resettlement is conceived and executed as part of a development project or program. ADB and executing agencies or project sponsors, during project preparation, assess opportunities for rehabilitation measures, the affected people need to be provided with sufficient resources and opportunities to reestablish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works. (v) The affected people are to be fully informed and closely consulted. Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options. Grievance redress mechanisms for affected people are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning and implementation. (vi) Social and cultural institutions. Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. (vii) No formal title. Indigenous groups, ethnic minorities, pastoralists, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements. (viii) Confirmation of eligibility. Affected people are to be identified and recorded as early

- D-1-21 - Dingxing County WWTP Resettlement Plan as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. (ix) The Poorest. Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and, other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socio-economic status. (x) The full resettlement costs are to be included in the presentation of project costs and benefits. This includes costs of compensation, relocation and rehabilitation, social preparation and livelihood programs as well as the incremental benefits over the without-project situation (which is included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly, resettlement plans should also reflect the timeframe for resettlement planning and implementation. (xi) Eligible costs of compensation. Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation.

3.3 China’s Laws, Regulations and Relevant Articles

In this subproject, Land Administration Law of the People’s Republic of China and Regulations on the Protection of Basic Farmland are the major legal basis. Meanwhile, Ministry of Land and Resources and Hebei Provincial Government also enact relevant regulations and policy documents as presented in Section 3.1 of this chapter. Refer to Table 3-1 for the main contents of the above-mentioned policies and their applications in the project.

State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) defines further the principles of compensation for land acquisition and resettlement, compensation standard, land acquisition procedures and monitoring system. Correspondingly, Ministry of Land and Resources issued Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Natural Resources in 2004) (Ref. No.GTZF [2004]238), Circular on implementation opinions of Deepening Reform and Administrating

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Land Strictly (Document 151 in 2004, Hebei provincial people’s government) (JZ[2004]151) was issued by Hebei Province, and Circular on temporary methods of compensation for permanent collective-owned land acquisition and resettlement in Urban Dingxing County (effective as of 21 July 2005) (DXZ[2005]71 was issued by Dingxing County Government. These documents have become the basis for resettlement of this project. The main contents of the above-mentioned policies and their applications in the project are shown in Table 3-2.

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Table 3-1 Summary of Main Articles in Land Administration Law and Relevant Policies Items Main Contents Reference ♦ The People's Republic of China practises the socialist public ownership of land, namely ownership by the Article 2, Land Administration Land whole people and collective ownership by the laboring masses. Law of People’s Republic of Ownership ♦ The state practises the system of paid-for use for state-owned land in accordance with law. However, China appropriation of state-owned land use right by the state within the scope prescribed by law is excluded. ♦ Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; …… Article 43, Article 44, Land ♦ For occupation and use of land for construction involving turning agricultural land into land for construction, Administration Law of People’s formalities of examination and approval for turning agricultural land into other uses should be Republic of China completed. …… ♦ For occupation and use of land for construction, strategy of land transition in batch should be formulated by the city-level and county-level land administration departments in accordance with the annual land use plan. Article 36, Land Administration For those acquired cultivated land, strategy of cultivated land supplement should be formulated at the same Regulations of Hebei Province Application for time, which will be sent to the above government for examination and approval step by step after it is agreed Construction by the government at the same level. Land ♦ In the event of inability to move away from basic farmland protection zones in site selection for such major construction projects as state energy, communications, water conservancy and military installations that Article 15, Regulations on the require occupation of basic farmland involving diversion to other use of agricultural land or land requisition, it Protection of Basic Farmland must be subject to the approval of the State Council. ♦ In the event of inability to move away from basic farmland protection zones in site selection for such major construction projects as state energy, communications, water conservancy and military installations that Article 12, Basic Farmland require occupation of basic farmland, application for land acquisition must be put forward to the provincial Protection Regulations of Hebei land administration department, and when it is agreed by the provincial government, it should be subject to Province the approval of the State Council. ♦ Requisition of the following land shall be subject to the approval of the State Council: (1)basic farmland; (2)cultivated land other than the basic farmland exceeding 35 hectares; and (3)other land exceeding 70 Article 45, Land Administration hectares. Law of People’s Republic of ♦ Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of China Purview of Land people's governments of the provinces, autonomous regions and municipalities directly under the Central Acquisition Government, and submitted to the State Council for the record. ♦ For occupation and use of land collectively owned by peasants, land acquisition strategy should be drawn out by the city-level and county-level land administration departments. When the strategy is approved by the Article 37, Land Administration government at the same level, it should be sent to the above people government for examination and Law of Hebei Province approval step by step.

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Items Main Contents Reference ♦ Where occupation of basic farmland has been approved by the State Council, people's government of the locality should revise the overall planning for land utilization in accordance with the approval document of the State Council, and make up equivalent basic farmland in quantum and quality. The occupation unit should, in accordance with the principle of reclamation according to occupation, be responsible for the Article 16, Regulations on the reclamation of cultivated land equivalent to the quantum and quality of the basic farmland occupied; where Protection of Basic Farmland there are no conditions for reclamation or the reclaimed cultivated land fails to conform to requirements, Supplement for payment of cultivated land reclamation fee should be effected in accordance with the provisions of the Basic Farmland provinces, autonomous regions and municipalities directly under the Central Government. ♦ Where occupation of basic farmland has been approved by the State Council, the occupation unit should be responsible for the reclamation of cultivated land equivalent to the quantum and quality of the basic farmland Article 13, Basic Farmland occupied; where there are no conditions for reclamation or the reclaimed cultivated land fails to conform to Protection Regulations of Hebei requirements, cultivated land reclamation fee should be paid to the county-level above land administration Province department in accordance with the standard of 10-15 CNY/m2, which will be used to reclaim new cultivated land without derating, seizing and embezzlement. ♦ For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. …… ♦ Upon determination of the scheme for compensation and resettlement for land requisition, the local people's Land Article 46, Article 48, Article 49, government concerned should make an announcement and seek the views of the rural collective economic Acquisition Land Administration Law of organization and peasants of the requisitioned land. Announcement People’s Republic of China ♦ The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision. ♦ For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. ♦ Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground attachments and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three Compensation years prior to requisition. Subsidy for resettlement for the cultivated land requisitioned shall be calculated on Article 47, Land Administration Rate for Land the basis of the agricultural population that requires resettlement. The agricultural population that requires Law of People’s Republic of Acquisition resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the China average per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the average annual output value in the three years prior to the requisition.……

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Items Main Contents Reference ♦ Compensation fee for the acquired cultivated land should be 6-10 times of the annual output value of the affected cultivated land in the previous three years.…… ♦ Resettlement subsidies should be 4-6 times of the annual output value of the affected cultivated land in previous three years. …… ♦ If land compensation fee and resettlement subsidies due to current laws and regulations are not enough to maintain their previous living standards, the subsidy for resettlement may be increased with the approval of Article 38, 39, 40, 41, Land the people’s governments of province. However, the sum of land compensation fee and resettlement Administration Regulations of subsidies should not exceed the following limit: 1) for the acquired cultivated land, compensation fee should Hebei Province not exceed 30 times of the annual output value of the affected cultivated land in the previous three years; …… ♦ Compensation for standing crops are calculated based on one crop season. Compensation rate for ground attachments should be determined by the municipality-level government which owns districts, and can be implemented after the approval of the provincial government. ♦ User of temporary use of the land should use the land according to the use agreed on in the contract for the Article 57, Land Administration temporary use of the land and shall not construct permanent constructions thereon. The duration of Law of People’s Republic of temporary use of land shall generally not exceed two years. China Temporary Use of Land ♦ Temporary use of the land should be approved by the concerned municipality-level and county-level land administration departments in accordance with relevant regulations. Article 56, Land Administration ♦ Temporary land use procedures should be transacted again when the time of the former temporary use of Regulations of Hebei Province land exceeds two years. ♦ Temporary road occupation is defined as setting operational booth, setting motor vehicles parking spots, setting bicycle depositary, setting stalls, basical construction, stacking materials and such inside the urban Article 2, Charge Management Occupation and road red line. Temporary road occupation should be controlled seriously. Those units or individuals who Method of Urban Road Excavation of really need to temporarily occupy road must transact temporary road occupation and excavation application Occupation and Excavation in Urban Road procedures and start their work until they get the approval of the construction administration departments in Hebei Province accordance with the concerned regulations.

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Table 3-2 Ref. No.GF [2004]28, Ref. No.GTZF [2004]238, JZ [2004]151, DZ [2005]71 and Their Application Ref. Policies in the Ref. No.GF[2004]28 JZ[2004]151 DXZ [2005]71 No.GTZF[2004]238 Project •The people’s governments at and above •On the basis of the county level shall adopt effective comprehensive statistics, •RP will strictly measures to ensure that the persons each city should determine implement the affected by land acquisition don’t uniform annual output relevant • The sum of compensation for decrease their living standards because of value of land acquired. policies of the collective-owned land acquisition in the land acquisiton. Outside the area of urban State, Hebei urban area should be determined in •Land compensation fee, subsidy for land using scope, the Province and accordance with the uniform annual resettlement, compensation fee for ground sum of land compensation Baoding output value standard supplied by the attachments and young crops shall be fee and resettlement Municipality. (1) To formulate county statistic department, as well as paid legally, fully and timely. If land subsidies can not be less •AAOV for land the uniform the compensation multiples stated in compensation fee and resettlement than the 16 times of acquisition average annual relevant laws; subsidies due to current laws and annual output value in shall be based output value; (2) • Compensation for land acquisition will regulations are not enough to maintain local place. on the To identify the be paid to the land acquired collective their previous living standards ,or cannot Cities shall hear opnions regulations of uniform multiples village by the county land and resource Article 12 the pay social security fee for land-lossed of farmers and village Hebei of annual output management departments. Resettlement measures for farmer, the subsidy for resettlement may economy organizations province. value; (3) to subsidies and compensation fee for land be increased with the approval of the through workshop, •Compensation formulate the standing crops will be paid to the APs by acquisition people’s governments of provinces, hearings and for the uniform the Village Committee in time. compensation autonomous regions and municipalities.If announcement according acquired land comprehensive Compensation fee for land will be improvement the sum of land compensation fee and to land position and land will be regional land reseved by the Village Committee. resettlement subsidies reach to legal demand. On the baisis of executed in price; (4) The Ground attachments such as trees, upper limit and are still not enough to this, the compensation accordance distribution of tombs, electrical power irrigated maintain the previous living standards, the rate of land in urban with the upper land infrastructures and so on will be local people’s government can subsidize construction land scope limit of compensation compensated in accordance with the them using the fee from paid-for shall be determined. After compensation fee. amount and their value. For those large state-owned land use. apprval of governement of rate in infranstructure and house demolishment, •The uniform annual output value standard province, it can be Dingxing compensation should be conducted in or comprehensive land price of each announced and County. accordance with the evaluation price region should be prepred and disclosed by implemented. •All given by the qualified evaluation the governemts of provinces, autonomous •The compensation rate of resettlement departments. regions and municipalities, land land in urban construction fees will be compensation for the same land should be land scope can not be less included in equal price. The land compensation fee of than the 16 times of total project natioal key projects shall be included in annual output value in cost. - D-1-27 - Dingxing County WWTP Resettlement Plan

Ref. Policies in the Ref. No.GF[2004]28 JZ[2004]151 DXZ [2005]71 No.GTZF[2004]238 Project the project budget. local place. • One-off currency resettlement; • Grain and cash compensation year by •The people’s governments at and above year. The land acquired households can the county level shall prepare specific get grain or currency converted from measures to gurantee the future life of •According to grain from the county government land-lost farmers. the willingness appointed grain station in accordance •As to the project which has stable profit , of the affected with the standard of wheat annual the farmers can buy shares through persons, production of 300kg/mu and corn legally approved construction land use •To work out monetary 350kg/mu respectively. The eligibility rights. (1) Agricultural implementation plan and compensation cut-off date of the resettlement subsidies •Within the area of urban planning, production gradually establish livining is adopted. is the remaining contract years of the land-lost farmers shall be included in resettlement; (2) security system for APs. •During the Article 13 acquired land. When it expires, 16,000 employment system and social security Reemployment •To gradually establish construction the CNY/mu of the resettlement subsidies system shall be established; (3) Outside resettlement; (3) adjustment fund for land period, resettlement will be resreved and controlled by the the area of urban planning, for rural Sharing acquistion to pay land non-technical of land-lost village committee. The land acquired collective land acquisiton, local dividends compensation, jobs will be farmers farmers will perform the new land government shall reserve necessary land resettlement; and resettlement subsidies, given to the contract. for farmers or arrange jobs. For the (4) Migratory subsidy for baic living affected labors • Land resettlement. The land acquired farmers who have not consitions of resettlement. security and training fee in priority. village with more land can arrange new production or living, they shall be for APs. •Occupational land to the affected farmers through resettled in other places. training will be readjusting land, redistributing reserve •Guiding opinions on employment training offered to the land, transposing contracted land, or and social security system for land-lost affected contracting land in other villages. farmers shall be proposed by labor and people. • Land acquisition unit should give socia security departments as soon as priority of employment opportunities to possible. those farmers who lose all land during the land acquisition. •During land acquisition, the ownership of (1) To inform •Land examination and • Land acquisition agreement should be (1) Conduct Article 14 collective land and entitlement of farmers’ land acquisition; approval must be done signed after the investigation results are detailed land land contract shall be protected. (2) to identify according to legal rights, confirmed by the affected village, socio-economic acquisition •Before approval, the use, position, survey results of conditions and affected households and ground survey and procedure compensation rate, resettlement channel land acquisition; procedures. appendix proprietors. Land and resource detailed improvement shall be told to farmers. Survey results of (3) to organize •If the feasibility report management departments will organize a measurement land acquisition shall be identified by hearing on land or other related files do public hearing meeting in accordance survey (DMS), - D-1-28 - Dingxing County WWTP Resettlement Plan

Ref. Policies in the Ref. No.GF[2004]28 JZ[2004]151 DXZ [2005]71 No.GTZF[2004]238 Project village collective economy organizations acquisition. not definite construction in with the regulations on the hearing of the and or households affected. Hearing shall be phases, it shall apply national land resource. If the party does the survey organized by departements of land and agricultural land change not apply for public hearing during the results shall be resources according to related and land acquisition once. cut-off date, it will be considered to drop signed and regulations, if necessary. The •If no opinions of APs on the public hearing rights. accepted by identification of farmers should be compensation rate and • After the date when the land and the affected prepared as necessary materials for resettlement channels or resource management departments households. (2) approval. relevant hearing materials inform the affected village committee and organize public •The coordination and arbitration in application, land the affected households of the proposed participation mechanism for resettlement issues shall acquistion shall not be land acquisition, the settlement in the and public be established to protect legal rights of approved. affected areas, newly cultivated land, hearings for farmers and land users. Except special newly built houses as well as any newly resettlement situations, approved land acquisiton planted trees or newly added facilities of policies; (3) issues should be disclosed to the public. the affected persons aimed at extra Distribute RP compensation will be excluded from the or range of compensation and subsidy. Resettlement • For the proposed acquired land without information objection on its compensation rate and booklet. relocation measures from the affected Village Committee and the affected households, land and resource management departments will prepare land acquisition strategy in accordance with legal proceedings. The strategy will be announced in the village and township after it has been approval. • When the announcement expires, the county land and resource departments will propose a land acquisition compensation strategy in accordance with the provisions of article 9 of this method as well as the perambulation results and agreement confirmed by the affected village, the affected households and the and ground appendix proprietors. - D-1-29 - Dingxing County WWTP Resettlement Plan

Ref. Policies in the Ref. No.GF[2004]28 JZ[2004]151 DXZ [2005]71 No.GTZF[2004]238 Project The compensation and relocation strategy will be announced in the village and township with an announcement period of 5-10 days. (1)Conduct internal and external • When the land acquisition monitoring and compensation strategy is approved by evaluation; (2) •No land acquisition shall be made if the Dingxing County Government, the Compensation without ensuring compensation and total sum of land compensation will be fees are resettlement. paid to the colletcive economic directly paid to •The distribution methods of land (1) Disclose the organization in 3 months based on the the affected •Construction land compensation fees shall be formulated by land approval law. Supervision on the distribution and village groups approval license will not governments of provinces, autonomous issues; (2) Pay use of the compensation for land or individuals be given if land regions and municipalities according to the land acquisition and resettlement will be (3) Dingxing Article 15 compensation fee is not the principle of “The land compensation compensation conducted by County Land and Resource County PMO Strengthening paid fully. shall be used mainly by the displaced fee and Bureau, together with concerned and land and land •Land and resources households”. resettlement departments of agriculture, civil affairs resources acquisition departments in all levels •Village collective economy organizations subsidies; and and township-level government. bureau conduct supervision shall strenghten to check affected by land acquisition should (3) Supervision • Units of land, construction, finance, supervision Process and supervise and strike disclose the income, expenses and and examination police, labor, agriculture, audit, civil and behaviors of illegal land distribution of land compensation fees and after the affairs, township government as well as examination; approval and land accept public supervision. approval of land project construction unit should work and (4) occupation. Agricultural,cilvil administration acquisition. together to make sure that the Utilization of departments shall supervise the compensation will be implemented resettlement distribution and use of compensation in successfully. For those farmers whose fees shall be village economy organization. living standard is worse after land audited by acquisition, effective methods should be Audit Bureau of adopted to improve their living. Dingxing County and each relevant county.

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3.4 Compensation principles for this Project

The principles of compensation and entitlement for this project are decided according to the regulations and policies of Chinese government and the Asian Development Bank (ADB), which aim at ensuring the access of the APs to enough compensation and support, at least to ensure the restoration of their living standard prior to the project. Refer to Table 3-3 for the resettlement principles of the project.

Table 3-3 Resettlement Principles of the Project Principles 1 Involuntary resettlement should be avoided or minimized where feasible; Compensation and entitlements provided for the APs should be able to at least maintain, or improve their 2 “pre-project” standard of living; 3 No matter whether they have legal entitlements will All APs be compensated and assisted; Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or 4 through land replacement and other income-generating activities will provided for; All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income 5 restoration program, project timing, and will be involved in RP implementation; 6 No land acquisition will take place unless replacement land or sufficient compensation are given to APs; 7 The EA and independent/ third party will monitor compensation and resettlement operations; Vulnerable groups will receive special assistance or treatment to ensure then to better off. APs should have the 8 opportunities to benefit from the Project; 9 RP should be combined with overall county planning; 10 RP budget should be adequate and cover full aspects.

3.5 Compensation Eligibility Cut-off Date

BMG announced that the eligibility cut-off date is on 31st March, 2007. After the date, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected persons aimed at extra compensation will be excluded from the range of compensation and subsidy.

3.6 Definition of the Resettlement Rate

3.6.1 Collective-owned Land Acquisition

The resettlement rate of the project is decided on the basis of our survey and estimation, in accordance with Circular on temporary methods of compensation for permanent collective-owned land acquisition and resettlement in Urban Dingxing County(effective as of 21 July 2005)(DXZ[2005]71) as well as consultation with Dingxing County Land and Resources Bureau and the affected households. The compensation rate for land acquisition will be 9,000 CNY/mu; the resettlement subsidies will be 16,000 CNY/mu, and the standing crops compensation rate will be 500 CNY/mu. The average annual output value of affected cultivated land (mainly corn output and wheat output) in previous three

- D-1-31 - Dingxing County WWTP Resettlement Plan years is 1,250 CNY/mu. The total of land compensation fee and the resettlement subsidies will be 20 times of the annual output value more than the lowest compensation rate of 16 times. Refer to Table 3-4 for the land acquisition and resettlement compensation rate of the project.

Table 3-4 Collective Land Acquisition Compensation Standard of the Project Annual Compensation Standard (CNY/mu) Compensation multiple Land Output Land Land Resettlement Compensation Resettlement Compensation Type Value Compensation Total Compensation Total Subsidies for Standing Crops Subsidies for Standing Crops (CNY) Fee Fee Irrigated 1,250 9,000 16,000 500 25,500 7.2 12.8 0.4 20.4 Land

3.6.2 Temporary Land Occupation Compensation

On account of the laying of the pipeline networks, it is required to temporarily excavate state-owned non-maneuverable lanes and collective-owned rural earth road. Compensation fee for temporarily occupied urban road and compensation fee for road excavation is needed, of which, compensation fee for road excavation is used for road restoration. The pipeline network construction will be flexibly implemented in several periods. For every period, the construction time will be controlled in less than 10 days. Temporary channels will be opened and direction brands will be used during the construction so as to minimize the impact degree. If the construction period exceeds 10 days, the construction unit will pay the affected households or enterpreises CNY100/day. The fee will come from the contingencies. No road excavation fee will be estimated in the resettlement plan. Upon the complementation of the pipeline network construction, the construction unit will restore them according to their original scales and standards. This item of cost will be included in the project cost. Refer to Table 3-5 to the temporary land occupation compensation rate.

Table 3-5 Compensation Rate for Temporarily Occupied Road No. Items Unit Rate(CNY/unit) 1 Compensation fee for temporarily occupied urban road m2 1 2 Compensation fee for temporarily occupied rural road mu 1000 3 If the construction period exceeds 10 days, the construction unit will pay day 100 the affected households or enterpreises CNY100/day.

3.6.3 Infrastructures and Ground attachments Compensation

Refer Table 3-6 for the affected infrastructures and ground attachments resettlement rate.

Table 3-6 Infrastructure and Ground attachments Resettlement Standard of the Project No. Item Unit Rate (CNY/unit) 1 Pumping Well no. 2,000 2 Tombs no. 500 3 Mature Tree(diameter>10cm) piece 70 4 Small Tree(diameter<=10cm) piece 40

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3.6.4 Other Compensation standard

Refer to Table 3-7 for other compensation rate of the project.

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Table 3-7 Other Compensation Standard of the Project No. Item Standard Basis Recipient Cultivated Land State Council Document The Land and Resources Bureau 1 3,335 CNY/mu Acquisition Tax No. 027, 1987 will hold in trust Implementation Cultivated Land Regulation of Land 2 10,005CNY/mu Land and Resources Bureau Reclamation Fee Administration Law for Hebei Province Fee for Paid-for Implementation New Regulation of Land 3 6,667CNY/mu Land and Resources Bureau Construction Administration Law for Land Use Hebei Province Land Acquisition 2.8% fo the total 4 Administration land acquisition Land and Resources Bureau Fee budget Reconnaissance, 4% of the total 5 Design and land acquisition Design Institutes Research Fee budget Implementation 5% of the total 6 Management land acquisition Implementation Agency Fee budget 3% of the total Technical 7 land acquisition Implementation Agency Training Fee budget External 4% of the total 8 Monitoring and land acquisition Monitoring and Evaluation Agency Evaluation Fee budget 10% of the total sum of land acquisition cost, design cost, Contingencies 9 implementation Implementation Agency

management fee, training cost and monitoring cost

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3.7 Entitlement Matrix

The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 3-8. Table 3-8 Entitlement Matrix Type of Loss Impact Degree Entitled Persons Entitlements Compensation policy and rate 1. The village as a whole will receive the compensation fee for permanent collective-owned land acquisition and resettlement subsidies which will be particularly used in the construction of the village. 2. The affected households will receive the young crops compensation fee which is planted in the contracting All of the 56.115 mu land. permanently required Permanent (1)Xijin Village 3. In the process of the construction, laborers in the irrigated land collective land is irrigated Acquisition of (2) the affected affected households will be given the priority for taking land compensation fee : 9,000 CNY/mu reserve land, and the Collective Land in households (7 households, part in the construction, working at the non-technical resettlement subsidies: 16,000 CNY/mu land has been contracted this Project 38 persons) posts. There are totally 40,000 work days during the young crops compensatioin: 500 CNY/mu to farmers on an annual project construction, among which, 15,000 work days are basis. non-technical posts with a salary of 35 CNY/day. When the project is completed, about 10 part-time labors in the WWTP will be supplied to them. 4. The Project management office (PMO) will provide a special fund of CNY 43,100 for technical training, which will benefit all APs for free. Temporarily occupied state-owned Compensation fee for temporarily road amounts to 143.74 (1) Compensation for temporarily occupied urban occupied urban road: 1 CNY/m2/day mu all of which are road Dingxing County Compensation fee for temporarily Temporary non-maneuverable lanes; (2) Compensation for temporarily occupied rural Urban Construction Bureau occupied rural road: 1,000 CNY/mu Land Occupation and temporarily occupied road

collective-owned rural

earth road amounts to 26.61mu. The tempary land Affected HHs and enterprises If the construction period exceeds 10 days, the construction unit will pay the affected households or

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Type of Loss Impact Degree Entitled Persons Entitlements Compensation policy and rate occupation afttects enterpreises CNY100/day. 712HHs with 2413persons and 362 enterprises with 5139 employees Residential / / / None House Relocation Resettlement / / / of Enterprises and none Institutions 1. The percentage of women given employment priority should not be less than 30%. There will be 40,000 work days, of which, 15,000 work days are non-technical posts. 2. Women will have the priority in the free technical The 21 affected Women training. The total training person-time is 28, and women persons workers should not be less than 14 person-times (about 50%). 3. Women will be assured of their access to the relevant information and the consultation of the resettlement. 2 pumping wells; 60 Infrastructures mature trees 80m deep pumping well: 2,000 CNY each and the Ground (diameter>10cm); 80 Proprietor Compensation at replacement costs tree(diameter>10cm): 70 CNY each attachments small trees tree(diameter<=10cm): 40 CNY each (diameter<=10cm)

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4 Resettlement Measures

4.1 Objectives of Resettlement

The objectives of the Resettlement Plan are to prepare an action plan of resettlement and restoration for the affected persons so as to ensure that they will benefit from the project and their living standard will be improved or at least will be restored after the project is completed.

The impacts of this project only involve that of the permanent acquisition and temporary occupation of collective land. Although its impacts are not immense, in order to achieve the above objectives, we will still take a series of measures to make sure the affected persons will benefit from the project.

4.2 Restoration Measures of the Permanently Requisitioned Collective Land

The construction of WWTP will need permanent land acquisition of 56.115 mu collective land in reserve. All the land belongs to Xijin Village. The acquired land is all irrigated land and before land acquisition it is contracted to households with a one-year contract by village committee. Permanent land acquisition will affect 7 households or 38 persons in the village. To the 7 households, the loss ratio of the contracted land is 60.8%; but according to the above analysis, the affected households will be redistributed the same quantity and quality of land as before from village reserve land. In addition, the APs can also get reasonable standing crops compensation fee to remedy their loss. Therefore, the land acquisition has no impacts on their income.

According to the investigation of the resettlement from the 5 households surveyed, all of the affected households agree with land readjustment after gaining reasonal compensation.

4.2.1 Land Reajustment and Cash Compensation

According to calculation, the affected village will receive CNY 0.515 million of land compensation fee and CNY 0.898 million of resettlement subsidies and CNY 0.028 million of young crops compensation fee. Based on the consultation of the two parties, the total CNY 1.403 million of land acquisition compensation fee and resettlement subsidies belonging to the whole village will be reserved in the village group as special fund for the construction of collective infrastructures in Xijin Village. The remaining standing crops compensation fee (CNY 0.028 million) will directly go to the affected households. As told above, farmers in Xijin Village are planting tingle yam and asparagus which has great economic benefits. When the affected households receive the standing crops compensation fee, they can plant such economic crops to earn more income than

- D-1-37 - Dingxing County WWTP Resettlement Plan planting corns. Further more, in order to remedy land loss of farmers, the affected households will be distributed the same quantity and quality of land as before land acquisition from the village reserve land. Refer to Table 4-1 for the compensations for village group & persons affected by the land acquisition.

Table 4-1 Compensations for Village Group & Persons Affected by Land Acquisition Irrigated Land Land Young Crops Recipient (village group Resettlement Total (10 Compensation Compensation & affected persons) Amount (mu) Subsidies(10 thousand) Fee (10 Fee (10 thousand) thousand) thousand) Xijin Village 56.115 50.51 89.79 140.3 the Affected 7 Households 56.115 2.8 2.8 Total 56.115 50.51 89.79 2.8 143.1

4.2.2 APs Training

In order to ensure that the APs will change their traditional employment idea, set up correct sense of career and master necessary working skills, Dingxing County Urban Construction & Development Corporation will arrange a special fund of CNY 43,100 for APs training. The training will be carried out by Dingxing County Urban Construction & Development Corporation together with the local ministry of labor security. It includes pre-employment training and professional skill training. The pre-employment training mainly consists of lectures on the state employment situation, employment policy, laborer rights and interests safeguard and professional moral. The professional skill training will be held flexibly according to the post requirements. It consists mainly of non-agricultural technical training such as stone-working, cosmetology and hairdressing,catering industry and so on. Refer to Table 4-2 for the training plan.

Table 4-2 Technical Training Plan for APs Number of Funds Arrangement Time Trainee Training Contents Participants (CNY) The affected 15,000 2007.09 28 Pre-employment Training households The affected Professional Skill Training 15,000 2007.11 28 households (Non-agricultural) Other aperiodic skill training 13,100

4.2.3 Project Employment

The construction of this project will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. Laborers in the affected households will enjoy the priority of taking part in the construction, working at the non-technical posts so as to increase their income and improve their living standard. During the project construction, there will be 40,000 work days in total, of which 15,000 work days are non-technical posts with a salary of 35 CNY/day.

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When the project is finished, there will be 30 vacancies in the plant. Under equal conditions, the households affected by the land acquisition will enjoy the priority of obtaining working chances. After consultation with Dingxing County Urban Construction & Development Corporation, they have agreed that when the plant is built, they will recruit from the affected households 10 part-time workers who will be responsible for the afforestation protection, tidiness and security for the plant and the project company guarantees that they will give employment priority to the household with financial difficulties..

4.2.4 Suggestion for Livelihood Restoration

The main crops planting in Xijin Village include corn, wheat, peanut, tingle yam, and asparagus. For the land planting wheat and corn in alternation, the average annual input is 850 CNY/mu, and the annual gross income is 1,625 CNY/mu. In other words, annual net income of the land planting wheat and corn in alternation is 775 CNY/mu. For tingle yam planting, the annual input is 760 CNY/mu and the annual gross output is 3,400 CNY/mu with an annual net income of 2,640 CNY/mu. Asparagus planting will earn a higher amount of income. The net income in the first year is 660 CNY/mu because it is the growth stage with a lower output. From the second year to the fifteenth year, an annual net income of 5,100CNY/mu will be arrived every year. According to the villagers, firstly, they sow the asparagus seed in nursery land and cultivate young plant, and then they transplant the young crop into farmland. When the asparagus is growing in the farmland, it can be harvested for 15 years in succession. Only field management comprising of weeding, fertilizing and irrigating is needed during the 15 years. Based on the year view and management level, 2 or 3 times of harvest will be reached every year. When it is the fastigium harvest year, the ouput will be more than twice of the first year. Asparagus planting is a great method for local farmers to become richer because of its once input with many years output and a higher comparative benefit. Refer to Table 4-3 to find the input and output analysis of the main crops.

Table 4-3 Input and Output Analysis of the Main Crops Crops Corn Wheat Peanut Tingle yam Asparagus Land Levelling 20 20 20 30 Buying Seeds 36 75 24 210 500 Seeding 20 20 20 20 30 Cost (CNY/mu) (CNY/mu) Cost Irrigation 88 176 88 280 50 Basal Dressing 65 65 60 120 Additional 100 50 30 150 170 Fertilizer Harvest 90 50 0 0 230 Pesticide 10 10 0 20 50 Transportation 20 20 0 0 0 Output (kg/mu) 650 500 350 850 1,250 Price (CNY/kg) 1.5 1.3 4.6 4 5

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Net Income (CNY/mu) 775 1,363 2,640 5,070

Nowadays, there are more than 40mu of asparagus farming land in the village. More and more farmers turn to plant asparagus because of its higher benefit. Along with a more and more broandening asparagus sales market, Xijin Village is preparing to sign a purchase contract with the main client, and is getting in touch with a refrigeratory in the urban county so as to store asparagus, which will lead to extending scale development. If some preferential and leaning policies of asparagus farming are supplied to the local farmers, economic loss caused by land acquisition will be countervailed by higher benefit of asparagus. Further more, asparagus farming will increase the affected households’ income and improve their living level.

Considering of the livelihood restoration of the APs, tingle yam farming and asparagus farming is suggested to the local farmers based on the grain consumption guarantee. In addition, relevant policies should be supplied to local farmers to support and help them, such as training on economic crops planting, supplying sales information, rerating taxes, and encouraging farmers to extend planting scale. All of the methods will increase the APs’ income and help them to restore the livelihood.

4.3 Women’s Rights

In the plan and preparation stage of the Resettlement Plan, the investigation group organized the women villagers to actively take part in the investigation of the project impacts and acquired them of their thoughts about the income restoration program. They were approval of the project, thinking that the construction of the WWTP is good for improving the environment, that the land acquisition doesn’t have much impact on their life. They wish to get cash compensation and training on leather clothes sewing skills, catering service and so on.

In the light of these women’s will, the implementation process will ensure that 30% of them will get non-technical jobs. They wish the IAs to broaden age request of employees so that the elder women can get some work opportunities. Meanwhile, they wish the IAs to supply work opportunities calculated by hours because women have to take charge of most agricultural work in the land and have not enough time to take the full-time work. The affected women will be given priority in the technical training so that their economic status will not be impaired. Altogether the training person-time will be 28, in which women laborers should not be less than 14 person-times (50%).

4.4 Restoration of Temporarily Occupied Land

According to the temporary land occupation plan of this project, the temporary land occupation refers mainly to the temporary land occupation of land excavated for the

- D-1-40 - Dingxing County WWTP Resettlement Plan construction of pipeline network. The temporarily occupied state-owned land amounts to 143.74 mu which is totally used for non-maneuverable lanes; and the temporarily occupied collective-owned land totals 26.61mu which is all rural earth road. When the project is finished, the Dingxing Couny Urban Construction & Development Corporation will conduct a bidding meeting to search proper implementation unit to take charge of the restoration of the roads to their original scale and standard. This cost will be included in the cost of the whole project.

4.5 Restoration of Infrastructures and Ground attachments

After the compensation by the project unit to the proprietorship unit, the proprietorship unit will take charge of the reconstruction of the affected infrastructures and ground attachments.

Concerning the restoration of the demolished facilities, arrangements should be made in advance. In the implementation process, measures taken should suit local conditions. Safety, efficiency, timeliness and accuracy should be achieved and harmful impacts on the people around should be avoided as much as possible.

As for the affected pumping wells, Dingxing County Urban Construction & Development Corporation will compensate directly to the affected persons by cash.

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5 Institutional Framework

5.1 Institution Establishment

In order to ensure the successful implementation of the land acquisition and resettlement and the achievement of the planned results, Baoding Project Management Office (PMO) appoints 4 persons to particularly take charge of the land acquisition and resettlement. Meanwhile, Dingxing County Project Management Office (PMO) appoints 7 persons to take charge of the resettlement and the concerned organizing and coordinating work. Four persons in Dingxing County Urban Construction and Development Corporation are in charge of the implementation of the land acquisition and resettlement.

In May, 2006, Dingxing County government set up a project leading group to prepare for the project and coordinate the implementation process. The vice county head assumed the position of group leader. The group consists of leaders from Development and Reform Bureau, Land and Resources Bureau, Financial Bureau and Environment Protection Bureau, with rich experience of land acquisition and resettlement. Dingxing County Project Leading Group is located in Dingxing County Development and Reform Bureau. This office is mainly in charge of the project preparation, organizing and coordinating, implementation and management, and so on. Refer to Figure 5-1 for the institutional framework of Resettlement Plan.

Baoding PMO (4 persons)

Dingxing County Dingxing County Project Leading Group (7 External Monitoring Land and Institution Dingxing County Urban Construction & Resources Development Corporatoion (4 persons) Bureau

Affected Towns, Villages, Village Groups and APs

Figure 5-1 Institutional Framework Figure for RP

5.2 Staff Arrangement and Training Plan

5.2.1 Staff Arrangement

In order to guarantee the successful implementation of the Resettlement Plan, resettlement institutions on every level have arranged special staff to form an unimpeded

- D-1-42 - Dingxing County WWTP Resettlement Plan information communication channel. Refer to Table 5-1 for the staff arrangement in resettlement institutions involved in the project.

Table 5-1 Staff Arrangement in Resettlement Institutions Involved in the Project Institution Name Staff Arrangement (No.) Staff Identity Baoding PMO 4 civil servant Dingxing County Project Leading Group 7 Civil Servant Dingxing County Urban Construction & 4 Technician Development Corporation Town, Village and Village Group 4~6 cadre and representative of APs External Monitoring Institution 4 resettlement expert

5.2.2 Training Plan

In the implementation process of the Resettlement Plan, it is planned to organize the key members engaged in the Resettlement Plan to study and visit domestic ADB projects and participate in resettlement policy and implementation training as well as other special training. This training will be organized by ADB Office in Baoding. Refer to Table 5-2 for the training plan.

Table 5-2 Resettlement Staff Training Plan Cost Estimate(10 No. Training Content Trainee Time Place thousand) Studying Domestic Key embers in the Inside 1 ADB Resettlement 2007.09 2.0 resettlement office China Project Resettlement 2 Resettlement staff 2007.10 Baoding 1.0 Implementation Training

5.3 Enhancement Measures for Resettlement Institutions

In order to ensure the successful implementation of the resettlement, it is necessary to strengthen the executive capacity building of each institution. Measures to be taken are as follows:

1) Fund and facilities are sufficiently guaranteed, the concerned institutions are equipped with telephones, fax machines and computers, etc. 2) Establish land acquisition and resettlement management information system, use computer to process the data of land acquisition and resettlement, enhance the information feedback and guarantee an unimpeded communication of information up and down. 3) Improve the reporting system, strengthen the internal monitoring and solve problems found in time. 4) Improve the external monitoring and evaluation mechanism, set up early warning system. The external monitoring and evaluation institution should propose in time suggestions and solutions to the existing problems to the resettlement implementation unit.

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6 Public Participation and Grievance Redress

6.1 Public Participation According to policies and regulations of ADB, China and Hebei Province on land acquisition and resettlement, it is necessary to carry out public participation in the project preparation and implementation period in order to well adopt the proposals and suggestions of the APs, to further work out policies and detailed regulations concerned with land acquisition and resettlement, to prepare a good resettlement plan , to effectively organize the implementation, to protect the legal rights of the APs, to reduce their complaints and achieve the resettlement objectives.

6.1.1 Public Participation in the Project Preparation Period

Since May, 2006, under the guide of the technical consultants, Dingxing County Project Leading Group and Dingxing County Urban Construction & Development Corporation have carried out a series of socioeconomic investigations and public consultations in which 40% of the participants are women. During the period of the project preparation, Hebei Institute of Urban Designing & Research, Dingxing County Project Leading Group and Dingxing County Urban Construction & Development Coporation have carried out wide consultation on land acquisition and resettlement of this project. Refer to Table 6-1 for public participation during the period of project preparation.

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Table 6-1 Public Participation During the Period of Project Preparation Number Department Date Participants of Aim Major Advice or Contents People Dingxing County Project Leading Preliminary — Introduce the background Group, Dingxing the affected investigation of and aim of the project County Urban persons, village project May, 2006 11 — project site selection Construction & cadres and feasibility, field should avoid cultivated land Development technicians survey and acquisition as much as possible Corporation and project impacts Design Institude — assist the project impacts RP preparation, investigation Dingxing County concerned investigation of — The village representatives Urban government and resettlement strongly expressed the necessity July, 2006 15 Construction village impacts and of the project Bureau representatives socioeconomic — socioeconomic situation investigation and affected households investigation concerned prepare for Dingxing County — Discuss the compensation government income Urban Construction October, 2006 scheme and the income and village restoration Bureau restoration scheme representatives program Dingxing County announce the — Announce the Project Leading the affected December, resettlement compensation rate and Group, Dingxing persons and 2006 information grievance redress channel, County Urban village group booklet etc. Construction Bureau announce the The ADB Website 2007.3 draft RP

6.1.2 Participation Plan in the Period of Implementation

In the process of implementation of the Resettlement Plan, Dingxing County Project Leading Group and Dingxing County Urban Construction & Development Corporation will carry out more public participation. Refer to Table 6-2 for the schedule of public participation.

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Table 6-2 Project Public Participation Plan Aim Means Time Department Participants Topic Dingxing County Project Leading village notice Group, Dingxing announce the requisitioned Land Acquisition board and County Urban 2007.09 all APs land area, resettlement rate Announcement villager Construction & and resettlement means meeting Development Corporation, town and village cadre Dingxing County Announcement Project Leading of land village notice Group, Dingxing Acquisition board and County Urban Compensation fee and Compensation 2007.09 all APs villager Construction & disbursement mode and meeting Development Resettlement Corporation, town and Scheme village cadre Dingxing County Project Leading Group, Dingxing Recheck of County Urban Check and remedy, identify field survey 2007.09 all APs Physical Index Construction & the final result Development Corporation, town and village cadre Dingxing County Project Leading Group, Dingxing Work out Discuss the scheme of Villager County Urban Income 2007.10 all APs income restoration and use meeting Construction & restoration plan of compensation funds Development Corporation, town and village cadre Dingxing County Project Leading Inform Group, Dingxing compensation Villager County Urban Inform compensation fee 2007.10 all APs fee and the date meeting Construction & and the date to disburse. to disburse. Development Corporation, town and village cadre Dingxing County Project Leading Group, Dingxing To know the implementation Monitor to all County Urban Family visit 2008.01 Samples of RP, the income retoration APs Construction & of APs Development Corporation, town and village cadre

6.2 Grievance Redress

Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to

- D-1-46 - Dingxing County WWTP Resettlement Plan effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows:

- Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to Village Committee in oral or in written form. If an oral appeal is made, Village Committee must record it on paper and respond to it. The above appeal is to be handled in no more than one week. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to the town government after receiving the decision, the town government will reach a solution in no more than two weeks. - Stage 3: If the AP is still not satisfied with the decision made by the town government, he/she can go on to appeal to the Dingxing County Project Leading Group after receiving the decision. Dingxing County Project Leading Group will reach a solution in no more than one month. - Stage 4: If the AP is still dissatisfied with the decision made by Dingxing County Project Leading Group, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration. - Stage 5: if the AP is still dissatisfied with the arbitration result, he/she can appeal to the civil court according to civil litigation law after receiving the final arbitration solution.

All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occured thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems.

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7 Resettlement Cost Estimate

7.1 Resettlement Cost Estimate

The cost estimate of this project includes the land acquisition and resettlement cost. According to the price in the first half year of 2006, the estimate totals CNY 4.249 million, in which the permanent collective land acquisition cost is CNY 1.431 million, accounting for 33.68% of the total; compensation for temporary land occupation is CNY 0.985 million, accounting for 23.18% of the total; pumping wells for irrigation compensation fee is CNY 0.004 million, accounting for 0.09% of the total; all kinds of taxes amounts to CNY 1.191 million, accounting for 28.03%, 1.18% of which is the external monitoring and evaluation fee of CNY 0.05 million, and 6.54% of which is the contingencies of CNY 0.278 million. Refer to Table 7-1 for the overall schedule of resettlement investment estimate.

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Table 7-1 Resettlement Compensation Cost Estimate of Dingxing County Urban Construction & Development Corporation Total Compensation Rate No. Items Unit Investment Ratio (CNY/Unit) Quantity (CNY, *10,000 ) 1 Permanent Collective Land Acquisition mu 25,500 56.115 143.09 33.68

Land Compensation Fee mu 9,000 56.115 50.50

Resettlement Subsidies mu 16,000 56.115 89.78 Young Crops Compensation Fee mu 500 56.115 2.81

2 Temporary Land Occupation mu 98.49 23.18

Compensation for temporarily occupied rural road mu 1,000 26.61 2.66

Compensation for temporarily occupied state-owned road m2 10 95,826.7 95.83

3 Ground attachments 1.74 0.41

Tombs no. 500 20 1.00

Tree(diameter>10cm) piece 70 60 0.42

Tree(diameter<=10cm) piece 40 80 0.32 4 Special Facilities 0.40 0.09 Pumping Wells no. 2,000 2 0.40

Item 1~4 / 243.72 57.37 5 Reconnaissance, Design and Research Fee CNY, *10,000 4.00% 243.7 9.75 2.29

6 Implementation Management Fee CNY, *10,000 5.00% 243.7 12.19 2.87

7 Skill Training Fee CNY, *10,000 3.00% 243.7 7.31 1.72

7.1 Affected Persons Training Fee CNY, *10,000 4.31 7.2 Resettlement Staff Training Fee CNY, *10,000 3.00 8 External Monitoring and Evaluation Fee CNY, *10,000 5.00 1.18

9 Contingencies CNY, *10,000 10.00% 277.97 27.80 6.54 10 cultivated Land Acquisition Tax mu 3,335 56.115 18.71 4.40

11 Cultivated Land Reclamation Fee mu 10,005 56.115 56.14 13.21

12 Fee for Paid-for New Construction Land Use mu 6,667 56.115 37.41 8.81

13 Land acquisition administration fee CNY, *10,000 2.80% 243.7 6.82 1.61

Item 5~13 / 181.14 42.63 Total 424.86 100.00

7.2 Resettlement Investment Plan and Budgetary Resources

All the resettlement cost come from the local counterpart funds and self-financing. In order not to impair the land-lost farmers’ production and living conditions, the investment plan is to be carried out in phases during the pre-construction and the process of construction of the Dingxing County WWTP. Refer to Table7-2 for the overall schedule.

Table 7-2 Resettlement Investment Plan of Dingxing County WWTP Fiscal year 2007 2008 Total Investment(CNY, *10,000 ) 318.65 106.21 424.86 Ratio 75% 25% 100% - D-1-49 - Dingxing County WWTP Resettlement Plan

7.3 Resettlement Fund Management and Disbursement

The use of the land compensation fee and resettlement subsidies should be decided on the basis of the adequate consultation of villagers’ opinions. The young crops compensation fee should be paid directly to the affected persons. The compensation for ground attachments and infrastructures should be paid to the concerned unit or individual.

To ensure the timely availability of the fund in full, the restoration of the production and living standard, and the income of affected persons, Dingxing County Project Leading Group and Dingxing County Urban Construction & Development Corporation will adopt the following measures:

- All the fees concerning the land acquisition and resettlement will be taken into the consideration the project total cost. - All the land compensation fee and the resettlement subsidies should be paid prior to the land acquisition so as to ensure that all the affected persons receive well-arranged resettlement. - For the smooth implementation of land acquisition and resettlement, financial and supervisory institutions of all levels should be established to make sure all the funds can be disbursed in due time. - The budget is the resettlement cost estimate, which, due to the actual changes of the project, the practical influences of Detailed Measurement Survey (DMS), the compensation modification and inflation, etc., may increase by certain amount. Nonetheless, Dingxing County Project Leading Group and Dingxing County Urban Construction & Development Corporation promise to pay the compensation. The contingencies should be taken into the account of budget which can be used and modified according to requirements.

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8 Resettlement Implementation Plan

8.1 Principles of Resettlement Implementation

According to the plan of the project implementation of Dingxing County WWTP, this project will begin in February, 2008, and will be finished by June, 2009.To connect the plan of resettlement implementation progress with that of project construction, the land acquisition will finish in December, 2007. The basic principles for resettlement implementation plan are as follows:

- The land acquisition must be finished at least one month prior to the start of project construction. The starting time should be confirmed in accordance with the need of land acquisition and resettlement. - Those affected persons should have the opportunity to participate in the project during the process of resettlement. Before the start of the project construction, the area of land acquisition should be made known to the public, the resettlement information booklet should be issued, and that the public can participate in the related work should be ensured. - All kinds of compensation should be paid directly and fully to the property owner within three months after the approval of land acquisition compensation and resettlement plan. No unit or individual can use the compensation fee on behalf of the property owner. And there should be no discount for the compensation, whatever the reason is.

8.2 Schedule for Resettlement Implementation

The plan for the general resettlement implementation progress of this project is worked out according to the land acquisition implementation progress in the project construction of Dingxing County WWTP. There may be appropriate modification of the exact implementation time due to the deviation of the project general progress. Refer to Table 8-1 for the resettlement implementation schedule.

Talbe 8-1 Resettlement Implementation Schedule and Supervision Milestone

Resettlement Tasks Target Responsible Agency Deadline Status

1. Disclosure

Dingxing County Urban Construction and 1.1 - Information booklet 7 AFs 2007.01 Completed Development Corporation

Dingxing County Urban Construction and 1.2 - Approved RP 1 village 2007.01 Completed Development Corporation

1.3 - RPs posted on ADB website 1 RP ADB 2007.03 Completed

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2. Approval

2.1 Approval of RP and budget Baoding Municipal Government 2007.06 Completed

2.2 Approval of land use plan Hebei Provincial LRB 2007.08

2.3 Approval of land acquisition Hebei Provincial LRB 2008.01

3. Agreements

Dingxing County Urban Construction and 3.1 - Compensation rates 1 village 2007.10 Development Corporation/PLG

Dingxing County Urban Construction and 3.2 - Households 7 AFs 2007.10 Development Corporation/PLG

Dingxing County Urban Construction and 4. Detailed Measurement Survey Recheck 2007.09 Development Corporation/ LRB

5. Detailed Plans

Dingxing County Urban Construction and 5.1 - Village rehabilitation plans 1 village 2007.10 Development Corporation

56 person-times for Dingxing County Urban Construction and 5.2 - Training Plans for APs 2007.09-2007.11 28 APs Development Corporation

PLG/Dingxing County Urban Construction and 6. Establishment of Implementation Capacity 2007.09-2007.10 Development Corporation/PMO/Others

7. Monitoring and Supervision

Dingxing County Urban Construction and 7.1 - Baseline survey 7 AFs 2007.09 Development Corporation/IMA

7.2 - Set-up internal supervision As per RP Baoding PMO 2007.08

7.3 - Hiring external monitor Baoding PMO 2007.08

7.4 - Internal monitoring reports Quarterly Baoding PMO 2008.03

7.5 - External monitoring reports Semiannual IMA 2008.03

7.6 - Resettlement Completion Reports 2 reports Baoding PMO and IMA 2009.03,2010.03

Dingxing County Urban Construction and 8. Documentation of Consultation 2010.03 Development Corporation

9. Documentation of Grievances Anxin Water Conservancy Burea 2010.03

10. Compensation Payments

Dingxing County Urban Construction and 10.1 - To affected village 100% of funds 2007.10-2007.11 Development Corporation

Dingxing County Urban Construction and 10.2 - To affected families “ “ “ 2007.10-2007.11 Development Corporation

Dingxing County Urban Construction and 11 Civil works commence 2008.02 Development Corporation

Note: AFs - Affected Families; DIs - Design Institutes; IAs – Implementation Agencies; IMA - Independent Monitoring Agency; LRB - Land and Resource Bureau; PLG - Project Leading

Group; PMO - Project Management Office; VC - Village Committee.

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9 Monitoring and Evaluation

In order to ensure the successful implementation of the resettlement plan, to realize the goal of proper resettlement, the regular monitoring, including both the internal monitoring within resettlement institutions and the external monitoring, and the regular evaluation will be carried out in the implementation of land acquisition and resettlement, according to the requirements of Resettlement Policy of Asian Development Bank.

9.1 Internal Monitoring

The internal monitoring agencies of resettlement include Baoding Project Management Office, Dingxing County Project Leading Group and Dingxing County Urban Construvtion & Development Corporation, who will provide a detailed internal monitoring plan for the land acquisition and resettlement. The monitoring content includes:

(1) Investigation, coordination and suggestions for the major problems in both the resettlement institutions and the Implementing Agencies in the implementation of resettlement; (2) Income restoration situation of the households after land acquisition; (3) Livelihood restoration situation of the vulnerable groups after land acquisition; (4) Disbursement, use of the resettlement compensation fee; (5) The participation and consultation of affected households during the implementation; (6) The resettlement training and its impacts; (7) The establishment of the resettlement implementation management organizations for this project, consisting of Land and Resources Bureau, Bureau of Finance, Government of Beitian Town and Xijin Village Committee, the training of the resettlement implementation staff and their work efficiency.

Baoding Project Management Office will submit an internal monitoring report to Asian Development Bank every three months. The statistics in the past three months have to be shown with charts in the report and can reflect the progress by comparing the planed items with the planned ones on land acquisition, resettlement as well as the use of compensation. Refer to Table 9-1 and Table 9-2 for the format.

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Table 9-1 Progress Report on Land Acquisition and Resettlement

County ______Town ______Date: ____/____/______(d/m/y)

Planned Completed % Items Unit Sum Qty. Qty. Completion Permanent Land mu Acquisition Temporary Land mu Occupation Land Compensation fee CNY10,000

APs Receiving Training Persons

Job Provision Persons

Land Readjustment mu Prepared by: Signature (In-charge): Seal:

Table 9-2 Executive Progress on Funds Utilization

County ______Town ______Cut-off date: ____/____/______(d/m/y) Date: ____/____/______(d/m/y)

Investment Compensation Affected Description Compensation Ratio of Unit/Qty. Required Received Units 1 Adjusted Compensation (CNY) (CNY)

Village 1 Village 2 Collective Relocated Households

Unit Prepared by: Signature (In-charge): Seal:

9.2 External Monitoring

According to the requirements of Asian Development Bank policy, Baoding Project Management Office will invite qualified, independent and experienced resettlement agency to be the independent resettlement monitoring agency.

The external monitoring and evaluation agency will make regular follow-up monitoring

1 “Description” refers to the construction of village road (Qty.), labor training and employment, subsidies to vulnerable groups etc.

- D-1-54 - Dingxing County WWTP Resettlement Plan and evaluation of the resettlement implementation, monitor the progress, quality and fund of resettlement, and give advice. These agencies will also make follow-up monitoring of production and living standards of resettlement, and submit independent monitoring and evaluation report to Baoding Project Management Office and Asian Development Bank. The outline of the external monitoring and evaluation is contained in Appendix 1.

(1) Baseline survey: the external monitoring agency will make baseline investigation in the affected Xijin Village to get the basic data of the production and living standards (production, living and income standard) of the affected households. The Investigation of production and living standards is to be carried out twice a year so as to track the change of these standards. Certain methods will be adopted to get necessary relevant data which provide the basis for statistical analysis, and further for evaluation. Such methods can be the follow-up investigation of the typical samples (sampling scale: 7 households, 100% of the affected households), casual interview and field observation, etc.

(2) Regular monitoring and evaluation: the external monitoring agency will make regular follow-up monitoring twice a year during the implementation of resettlement plan. The following activities will be monitored through field observation, follow-up investigation of sample households and casual interviews with affected persons: the payment and amount of compensation, new livelihood and jobs, the production and living standards of the affected persons, resettlement institutional framework, etc.

The BPMO will submit an internal monitoring report to ADB each quarter, as part of the Project Progress reports. The external monitoring and evaluation agency will submit resettlement monitoring reports to the ADB and BPMO every six months and annual evaluation reports as well within 2 years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website. Refer to Table 9-3 the detailed arrangement for report submission.

Table 9-3 Schedule for Resettlement Monitoring and Evaluation No. Monitoring report Date 1 Socio- economic baseline survey September, 2007 2 The 1st Monitoring Report March, 2008 3 The 1s Annual Evaluation report March, 2009 4 The 2nd Annual Evaluation report March, 2010

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Appendix 1 Outline of External Monitoring

A Purpose of Resettlement Monitoring and Evaluation

According to the requirements of Resettlement Policy of Asian Development Bank, external monitoring and evaluation will be conducted during Dingxing County WWTP resettlement implementation. The follow-up evaluation will be conducted during the land acquisition and resettlement through checking the progress, fund and management of land acquisition and resettlement and through analyzing and comparing the changes and restoration of production and living standards of those affected persons. Apart from the regular submission of report to Asian Development Bank, Baoding project Management Office and concerned department (twice a year in the resettlement implementation), information and advice are also provided for every department to make decision as a reference. Through the external monitoring and evaluation, Asian Development Bank and departments in charge of the program get sufficient information about whether the land acquisition and resettlement are implemented in time and up to the requirements. Moreover, problems are pointed out and suggestions for the work improvement are given.

B The Main Content of Resettlement Monitoring and Evaluation

(1) The monitoring and evaluation of land acquisition and relocation implementation progress. - Including: Land acquisition progress; temporary land occupation progress.

(2) Availability of fund and application of monitoring and evaluation - Including: Fund disbursement; the use of fund (both planned and actual).

(3) The monitoring and evaluation of living standard of affected persons - Including: ①the production and living standard before the project;②the production and living standard after the project; ③ comparative analysis and evaluation of employment and living standard before and after resettlement.

(4) Evaluation of the capacity of resettlement institute and the situation of public participation, complaint and grievance redress.

C Technical Route

Refer to Figure 1 for the technical route of external monitoring and evaluation.

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Project Identification

Prepare an external Monitoring and Evaluation Outline

Design survey outline, survey form, and Typical Household Record Form

Design Sample Investigation Strategy

Baseline Survey

Establish an Information System of Monitoring and Evaluation Management

Monitoring Survey

Socio-economic Monitoring Monitoring on VCs Affected Monitoring on HHs Affected Survey on EAs by Land Acquisition by Land Acquisition

Establish Monitoring Data-base

Comparing, Analysis, and Evaluation

Write Monitoring and Evaluation Report

No Whether Resettlement Monitoring is Finished or not

Finished Figure 1 Technical Route of External Monitoring and Evaluation

D External Monitoring Institutions

The external monitoring and evaluation will be undertaken by the external monitoring agency authorized by Asian Development Bank and entrusted by Baoding Project Affairs Office.

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E The Organizations and Responsibilities

- The Baoding Project Affairs Office entrusts the external monitoring agency with the specific investigation, data collection, calculation and analysis of monitoring and evaluation, as well as the examination of their results. - The external monitoring agency form the resettlement monitoring and evaluation group of the Dingxing County WWTP project, which is responsible for the monitoring and evaluation of project resettlement, the formulation of the outline for monitoring and evaluation, the establishment of monitoring sites, the monitoring of field survey and the in-door analysis, as well as the preparation of report of resettlement monitoring and evaluation, according to ADB Involuntary Resettlement Policy. - Baoding Project Management Office will coordinate with the resettlement monitoring and evaluation group concerning personnel, transportation and so on during the field monitoring and investigation.

F The Resettlement Monitoring and Evaluation Methods

- The monitoring and evaluation adopts a combined method of field investigation, calculation and analysis, and the comprehensive assessment by experts. - The investigation is to be conducted in the way of a combination of the key parts with the whole project. There should be an overall investigation of the resettlement implementation progress, funds, institutions and management. And a sample investigation should be carried out among affected households. - The sample investigation adopts random sampling and other methods to make follow-up investigation for the typical sampling households in resettlement project. Sampling ratio: 7 affected households, accounting for 100% of the affected ones. - The overall investigation adopts the forms of table investigation, forum discussion, inquiring of documents and archives. - Photos, audio and video records and objects should be collected apart from the written materials.

G Report of External Monitoring and Evaluation of Project Resettlement

The external monitoring and evaluation agency will submit resettlement monitoring reports to ADB and BPMO every six months during resettlement implementation and annual evaluation reports as well within 2 years after the completion of resettlement implementation. The external monitoring reports will be disclosed on ADB website. .

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Appendix 2 Public Participation Meeting Minutes

Time August 7th, 2006 Place Xijin Village Committee, Beitian Town, Dingxing County Participant Government of Beitian Town, Dingxing County, Xijin Village cadres (7 persons in total) (1)The land acquisition compensation should be implemented according to the national standard. Before the project land acquisition starts, the affected farmers should be compensated for their loss based on the national standard, mobilization meeting for land acquisition should be held, and the compensation standard should be explained that land Opinion Summary acquisition compensation is based on the related national compensation standard which allows both cash compensation and land of equal area. The submission to higher authorities for construction approval can only be made after the approval and signature of the APs. (2) The issue of income remedy and improvement for land-lost farmers should be taken into consideration.

Time August 16th, 2006 Place Xijin Village Committee, Beitian Town, Dingxing County Hohai University; government of Beitian Town, Dingxing County; Xijin Village cadres and Participant others(7persons in total), 6 resettlement representatives(including 2 women) All participants approved of the construction of Dingxing County WWTP. Due to the minor influence of the project on the cultivated land, participants have less ideas and suggestions concerning the construction land acquisition and the resettlement. Major ones are: (1) The cultivated land should be taken as the temporary occupation to the least extent. The cultivated land occupied for temporary construction should be compensated on the basis of the lately policy about the young crops compensation, and be restored by the construction unit after the construction. Opinion Summary (2) The permanent land acquisition should be compensated for on the basis of national policy. Meanwhile, the Village Committee will redistribute the same quantity and quality of land as the acquired land to the APs. The households affected should be consulted concerning the land acquisition and compensation. (3) Under the same condition during the construction period, the involved villages have the priority to be considered. Those households that suffer the loss in the construction should receive proper resettlement.

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Appendix 3 Resettlement Information Booklet

Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project

Dingxing County Wastewater Treatment Plant Project

Resettlement Information Booklet

Dingxing County Urban Construction & Development Corporation July 2007

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Dingxing County Wastewater Treatment Plant Project Resettlement Information Booklet

1. Project Introduction

Dingxing County WWTP Project is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project in Baoding City, Hebei Province, which is funded by ADB. The WWTP construction site is located in Xijin Village, Beitian Town, in the southeast of Dingxing County. The project consists of Dingxing County WWTP project, an auxiliary pipeline network, and a Booster Pumping Station. After the implementation of the project, it will greatly ameliorate the pollution condition of Dingxing County, mitigate the water pollutants and improve the water environment, raise the life quality of inhabitants, ensure the sustainable development of regional industry and agriculture. Dingxing County Urban Construction & Development Corporation is the project implementing agency. The Resettlement Plan is based on the feasibility study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval.

2. Cost Estimate and Implementation Plan

The total estimate for the proposed Dingxing County Wastewater Treatment Plant Project is CNY 85.325 million, among which CNY 4.249 million is for resettlement cost estimate, accounting for 4.98% of the total cost estimate.

The Dingxing County Wastewater Treatment Project will last 16 months from February 2008 to June 2009. According to the schedule of the implementation, Dingxing County Urban Construction & Development Corporation started the Resettlement Plan in August 2006 and the Resettlement Plan was finished in January 2007 and was submitted to ADB for a review. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September 2007.

3. Project Estimated Socio-economic Benefits

The benefited area is the urban zone of Dingxing County, and according to the plan, the total service area of the wastewater treatment system is 12.2k m2. The implementation of the project is divided into several periods. The recent auxiliary network construction service area is 8.6 km2 with a population of 84,000.

The estimated socioeconomic benefits of the proposed project are: (1) Control the pollution of Haihe River Basin and protect the water resources; (2) Protect the water quality of South-to-North Water Transfer Project line; (3) Improve the city environment of Dingxing County and ensure the health of inhabitants; (4) Improve the sustainable

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development of Dingxing County and mitigate the tense condition of water resources; (5) Ameliorate the eco-environment of Nanjuma River and Baiyangdian Lake and improve the development of local agriculture.

4. Loss Types Affected by Land Acquisition and Resettlement

According to the project feasibility study and field survey, several loss types affected by land acquisition and resettlement have been confirmed as follows:

1) loss of permanent land acquisition, such as loss of irrigated land; 2) loss of temporary land occupation; 3) loss of ground attachments.

5. Collection of various indexes of affected physical goods

1. Permanent Land Acquisition

The construction of WWTP will need permanent land acquisition of 56.115 mu collective land in reserve. All the land belongs to Xijin Village. The acquired land is all irrigated land and before land acquisition it is contracted to households with a one-year contract by village committee. The total 56.115 mu of collective land permanently acquired accounts for 0.94% of the total cultivated land in Xijin Village. Refer to Table 1 to find the impact analysis of permanent land acquisition.

Table 1 Impact Analysis of Permanent Land Acquisition Before Land Acquisition Impact of Land Acquisition Impact of Land Acquisition Rate of Total Total Cultivated Cultivated Ratio of Ratio of Village Affected Land Households Population Land Land APs Households Population Households Acquisition (HHs) (person) (mu) (mu) (%) (%) (%) Xijin 1,405 5,117 6,000 56.115 7 38 0.50 0.74 0.94

Besides, Booster Pumping Station of the project will acquire 0.5 mu of state-owned land, which is the reserve land collected for the construction of railway and National Highway 107.

2. Temporary Land Occupation

According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network. Digging mud from WWTP will be conveyed to the sanitary lanfill belonging to Dingxing County Office of Environment and Sanitation, with no temporary land occupation requirement.

The total temporarily occupied land area is 170.35mu. Among all the land, there is 143.74mu of state-owned land all of which is non-maneuverable lanes of the state-owned road, and 26.61 mu of collective-owned land all of which is rural earth road. The occupied - D-1-62 - Dingxing County WWTP Resettlement Plan period will be 10 days.

3. Affected Ground attachments

According to the investigation, the project will affect two pumping wells used for irrigation, 60 trees (diameter>10cm), 80 trees (diameter<=10cm) and 20 tombs. Table 2 presents the index of basic infrastructure and ground attachment affected by project.

Table 2 Basic Infrastructure and Ground Attachment Affected by Project Items Unit Quantity Pumping Well for Irrigation no. 2 60 trees (diameter>10cm) piece 60 80 trees (diameter<=10cm) piece 80 Tombs no. 20

4. Infrastructure and Special Facilities

No illegal structures or electrical wire or optical cable have been involved in the project affected areas.

6. Compensation Standard

1. Compensation Standard for Permanent Land Acquisition

According to the survey and estimation, the average annual output value of affected cultivated land (mainly corn output and wheat output) in previous three years is 1,250CNY/mu.

Table 3 Collective Land Acquisition Compensation Standard of the Project Annual Compensation Standard (CNY/mu) Compensation multiple Land Output Land Land Resettlement Compensation Resettlement Compensation Type Value Compensation Total Compensation Total Subsidies for Standing Crops Subsidies for Standing Crops (CNY) Fee Fee Irrigated 1,250 9,000 16,000 500 25,500 7.2 12.8 0.4 20.4 Land

2. Compensation Standard for Temporary Land Occupation

On account of the laying of the pipeline networks, it is required to temporarily excavate state-owned non-maneuverable lanes and collective-owned rural earth road. Upon the complementation of the pipeline network construction, the construction unit will restore them according to their original scales and standards. This item of cost will be included in the project cost. Refer to Table 4 to the temporary land occupation compensation rate.

Table 4 Compensation Rate for Temporarily Occupied Road No. Items Unit Rate(CNY/unit) 1 Compensation fee for temporarily occupied urban road m2 1 - D-1-63 - Dingxing County WWTP Resettlement Plan

2 Compensation fee for temporarily occupied rural road mu 1000 3 If the construction period exceeds 10 days, the construction unit will pay day 100 the affected households or enterpreises CNY100/day.

3. Compensation Standard for Ground attachments and Special Facilities

Refer Table 5 for the affected infrastructures and ground attachments resettlement rate.

Table 5 Infrastructure and Ground attachments Resettlement Standard of the Project No. Item Unit Rate (CNY/unit) 1 Pumping Well no. 2,000 2 Tombs no. 500 3 Mature Tree(diameter>10cm) piece 70 4 Small Tree(diameter<=10cm) piece 40

4. Entitlement Matrix

Refer to Table 6 for the entitlement matrix which is designed according to the relevant policies.

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Table 6 Entitlement Matrix Type of Loss Impact Degree Entitled Persons Entitlements Compensation policy and rate 1. The village as a whole will receive the compensation fee for permanent collective-owned land acquisition and resettlement subsidies which will be particularly used in the construction of the village. 2. The affected households will receive the young crops compensation fee which is planted in the contracting All of the 56.115 mu land. permanently required Permanent (1)Xijin Village 3. In the process of the construction, laborers in the irrigated land collective land is irrigated Acquisition of (2) the affected affected households will be given the priority for taking land compensation fee : 9,000 CNY/mu reserve land, and the Collective Land in households (7 households, part in the construction, working at the non-technical resettlement subsidies: 16,000 CNY/mu land has been contracted this Project 38 persons) posts. There are totally 40,000 work days during the young crops compensatioin: 500 CNY/mu to farmers on an annual project construction, among which, 15,000 work days are basis. non-technical posts with a salary of 35 CNY/day. When the project is completed, about 10 part-time labors in the WWTP will be supplied to them. 4. The Project management office (PMO) will provide a special fund of CNY 43,100 for technical training, which will benefit all APs for free. Temporarily occupied state-owned Compensation fee for temporarily road amounts to 143.74 (1) Compensation for temporarily occupied urban occupied urban road: 1 CNY/m2/day mu all of which are road Dingxing County Compensation fee for temporarily non-maneuverable lanes; (2) Compensation for temporarily occupied rural Urban Construction Bureau occupied rural road: 1,000 CNY/mu and temporarily occupied road

collective-owned rural Temporary Land Occupation earth road amounts to 26.61mu. The tempary land If the construction period exceeds 10 days, the construction unit will pay the affected households or occupation afttects enterpreises CNY100/day. 712HHs with Affected HHs and 2413persons and 362 enterprises enterprised with 5139 persons Residential / / / None House Relocation

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Type of Loss Impact Degree Entitled Persons Entitlements Compensation policy and rate Resettlement / / / of Enterprises and none Institutions 1. The percentage of women given employment priority should not be less than 30%. There will be 40,000 work days, of which, 15,000 work days are non-technical posts. 2. Women will have the priority in the free technical The 21 affected Women training. The total training person-time is 28, and women persons workers should not be less than 14 person-times (about 50%). 3. Women will be assured of their access to the relevant information and the consultation of the resettlement. 2 pumping wells; 60 Infrastructures mature trees 80m deep pumping well: 2,000 CNY each and the Ground (diameter>10cm); 80 Proprietor Compensation at replacement costs tree(diameter>10cm): 70 CNY each attachments small trees tree(diameter<=10cm): 40 CNY each (diameter<=10cm)

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7. Compensation Eligibility Cut-off Date

BMG announced that the eligibility cut-off date is on 31st March, 2007. After the date, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected persons aimed at extra compensation will be excluded from the range of compensation and subsidy.

8. Compensation Disbursement Procedure

The use of the land compensation fee and resettlement subsidies should be decided on the basis of the adequate consultation of villagers’ opinions. The young crops compensation fee should be paid directly to the affected persons. The compensation for ground attachments and infrastructures should be paid to the concerned unit or individual.

9. Restoration Methods of Economy

1. Land Readjustment and Cash Compensation; 2. Secondary and tertiary industries Development, and Labor Forces Transferation; 3. Technical Training to Improve Capacity of Farmers; 4. Employment Opportunities Supplied by the Project. 5. Others.

10. Institution Establishment

Baoding PMO (4 persons)

Dingxing County Dingxing County Project Leading Group (7 External Monitoring Land and Institution Dingxing County Urban Construction & Resources Development Corporatoion (4 persons) Bureau

Affected Towns, Villages, Village Groups and APs

11. Grievance Procedures

- Stage 1: If the rights of the affected households are infringed in any respect of the land

- D-1-67 - Dingxing County WWTP Resettlement Plan acquisition and resettlement, the affected households can complain or appeal to Village Committee in oral or in written form. If an oral appeal is made, Village Committee must record it on paper and respond to it. The above appeal is to be handled in no more than one week. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to the town government after receiving the decision, the town government will reach a solution in no more than two weeks. - Stage 3: If the AP is still not satisfied with the decision made by the town government, he/she can go on to appeal to the Dingxing County Project Leading Group after receiving the decision. Dingxing County Project Leading Group will reach a solution in no more than one month. - Stage 4: If the AP is still dissatisfied with the decision made by Dingxing County Project Leading Group, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration. - Stage 5: if the AP is still dissatisfied with the arbitration result, he/she can appeal to the civil court according to civil litigation law after receiving the final arbitration solution.

12. Public Participation Plan Aim Means Time Department Participants Topic Dingxing County Project Leading village notice Group, Dingxing announce the requisitioned Land Acquisition board and County Urban 2007.09 all APs land area, resettlement rate Announcement villager Construction & and resettlement means meeting Development Corporation, town and village cadre Dingxing County Announcement Project Leading of land village notice Group, Dingxing Acquisition board and County Urban Compensation fee and Compensation 2007.09 all APs villager Construction & disbursement mode and meeting Development Resettlement Corporation, town and Scheme village cadre Dingxing County Project Leading Group, Dingxing Recheck of County Urban Check and remedy, identify field survey 2007.09 all APs Physical Index Construction & the final result Development Corporation, town and village cadre Dingxing County Project Leading Group, Dingxing Work out Discuss the scheme of Villager County Urban Income 2007.10 all APs income restoration and use meeting Construction & restoration plan of compensation funds Development Corporation, town and village cadre Inform Villager Dingxing County Inform compensation fee 2007.10 all APs compensation meeting Project Leading and the date to disburse.

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Aim Means Time Department Participants Topic fee and the date Group, Dingxing to disburse. County Urban Construction & Development Corporation, town and village cadre Dingxing County Project Leading Group, Dingxing To know the implementation Monitor to all County Urban Family visit 2008.01 Samples of RP, the income retoration APs Construction & of APs Development Corporation, town and village cadre

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