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Guangxi Nanning Urban Environmental Upgrading Project

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Guangxi Nanning Urban Environmental Upgrading Project Resettlement Planning Document Resettlement Plan for Qingxiushan Park Ecological Upgrading Subproject Document Stage: Final Project Number: 37596 February 2006 PRC: Guangxi Nanning Urban Environmental Upgrading Project Prepared by Qingxiu Mountain Scenic & Tourist Resort Development Co. Ltd The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. ASIAN DEVELOPMENT BANK RESETTLEMENT PLAN QINGXIUSHAN PARK ECOLOGICAL UPGRADING SUBPROJECT OF GUANGXI NANNING URBAN ENVIRONMENTAL UPGRADING PROJECT IN THE PEOPLE'S REPUBLIC OF CHINA QINGXIU MOUNTAIN SCENIC & TOURIST RESORT DEVELOPMENT CO. LTD FEBRUARY 2006 iii Letter of Commitment Asian Development Bank, The People’s Government of Nanning City has applied for a loan, through Ministry of Finance of the People’s Republic of China, from Asian Development Bank to finance this sub-project. Therefore, it must be implemented in compliance with the guidelines and policies of Asian Development Bank for social sectors. This Resettlement Plan is in line with the key requirement of Asian Development Bank and will constitute the basis for land acquisition, house demolition and resettlement of the sub-project. The plan also complies with the laws of the People’s Republic of China and local regulations, as well as with some additional measures and the arrangements for implementation and monitoring for the purpose of achieving better resettlement results. The People’s Government of Nanning City hereby confirms the contents of this Resettlement Plan, and guarantees that budget as set in the Resettlement Plan will be covered by the total project budget and be made available on time. The People’s Government of Nanning City has discussed the draft Resettlement Plan with relevant units that have confirmed their acceptance, and authorizes Nanning Resettlement Management Office for ADB Financed Projects as the responsible agency to generally manage the implementation of the project and related resettlement activities, and the Governments of concerned Urban Districts to be responsible for implementation of the project and related resettlement activities within the respective Urban Districts. The Mayor of the People’s Government of Nanning City ___________________ (signature) __________________ (date) Definition of Working Terms for RP This Resettlement Plan is formulated on the basis of the laws, regulations and policies of the People’s Republic of China, Guangxi Zhuang Autonomous Region. It is also based on the regulations of Nanning city as well as the ADB’s policy on involuntary resettlement. The target is, through the action plans for resettlement and restoration, to benefit the affected people, improve their living standard and, and at least to restore their production and livelihood after the completion of the project. Land and other assets on land to be acquired by the project will cause negative effects on the people who live on the land. Affected Persons (APs) are defined as those whose production and life are under the negative effects of the project due to land acquisition and house demolition. They are: (1) The people whose land (including the house land, land used for public facility, as well as land for agriculture, forestry, animal husbandry, fisheries and sidelines), buildings (private houses and attachment, enterprise’s houses or public buildings etc.) of their ownership or other properties are temporarily or permanently acquired and occupied. (2) The owners of the above-mentioned land, buildings and properties, or those whose operation, working and living are adversely affected. (3) Those whose living standards are adversely affected due to land acquisition and house demolition. The affected persons (APs) are defined as: The affected persons refer to those whose living standards are or will be adversely affected by the project implementation; those whose houses, land (including house land, farmland) of their ownership and titles as well as their various types of movable and immovable properties are temporarily or permanently acquired and occupied; those whose operation, profession, working and living conditions are adversely affected. The affected persons may be the individuals or legal persons of the enterprises and institutions. Identification of the affected population shall not be confined to those who conduct business or reside in the affected areas being with or without legal registration and approval. Or, any restriction to compensation for their properties shall be allowed. They are: (1) All affected persons regardless of their legal titles or their presence when their properties are requisitioned. (2) In some special places, people without living permits. Therefore, all these affected persons regardless of their conditions of properties, land and location shall be considered and recorded. As for the acquisition of the land or properties that any individuals or households are related to the utilization or compensation, the compensation and restoration shall be made according to the losses incurred and the impacts on the entitlements and living standards. The identification of affected persons, without considering the legal titles, shall cover those directly related to the negative impacts of the project construction. v All affected persons by the project shall be compensated so to improve or at least to restore their living standards. Moreover, the losses incurred shall be compensated. Losses of properties shall be compensated at full replacement cost without consideration of depreciation or any other excuses for the reduction or discount of such compensation. All persons affected by the project shall gain the entitlements from the impacts of the project. Moreover, in addition to the compensation for the losses of properties, the affected persons shall be paid subsidies so that they can restore. The affected persons, who do not have properties, entitlements or even the legal permits in operation, land reclamation or construction, shall be treated the same as those affected persons who have the legal properties and entitlements. They shall be entitled to get compensation for their properties and restore their livelihoods. Replacement is defined as the follows: Replacement refers to the activities in making necessary arrangement for the affected people to enable them to restore to the previous productive and living standards and be benefited from the project construction. Mainly including: (1) Remove from the living sites; (2) The APs seek for new employment; (3) Restore or compensate the land, working sites, trees and infrastructure facilities that are affected by the project; (4) Restoration shall be provided to persons whose living standards (living quality) have been adversely affected (such as hazardous gas pollution) caused by land acquisition and house demolition. (5) Restore or compensate for the individuals or public enterprises that are affected by the project; and (6) Restore the culture or the common wealth that have been adversely affected by the project. Restoration is defined as the follows: Restoration refers to rehabilitate the productive capacities of APs with the purpose of reaching or surpassing the previous levels before the project implementation. The objective of this RP is: to provide with a resettlement restoration plan for the affected persons who will be compensated for the losses incurred by the project implementation, so that they can improve or at least restore to the living standards as before the project implementation. In order to achieve this target, this RP has provided with restoration measures that will enable the APs to restore their incomes. Similarly, the affected operational productive resources (stores, enterprises etc.), common wealth, infrastructure facilities and cultural properties etc. shall be also improved and restored to the previous levels before the project implementation. Contents EXECUTIVE SUMMARY................................................................................................................................................ VII 1 INTRODUCTION ...................................................................................................................................................... 10 1.1 Brief introduction to the project.............................................................................................................. 10 1.2 Project impacts ........................................................................................................................................ 10 1.3 Introduction to social economy of the project areas ........................................................................... 11 1.3.1 Social economic profile of Nanning city ...................................................................................... 11 1.3.2 Qingxiu district ................................................................................................................................ 12 1.4 Basis for preparation of RP.................................................................................................................... 12 1.5 Total project investment and fund sources........................................................................................... 13 1.6 Mitigation measures ................................................................................................................................ 13 2 PROJECT IMPACT
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