Resettlement Plan
July 2020
People’s Republic of China: Hubei Xiangyang Elderly Care Service Development Project
Prepared by Xiangyang Municipal Government for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 22 June 2020)
Currency unit – yuan (CNY) CNY1.00 = $0.1414 $1.00 = CNY7.0710
ABBREVIATIONS
AAOV – average annual output value ADB – Asian Development Bank AH – affected househol AP – affected person DH – displaced household DMS – detailed measurement survey DP – displaced person FGD – focus group discussion LA – land acquisition LAR – land acquisition and resettlement LEF – land expropriated farmers PRC – People's Republic of China XMG – Xiangyang Municipal Government XPMO – Xiangyang project management office ha – hectare (1 ha = 15 mu) mu – Chinese unit of measurement (1 mu = 666.667 square meters)
NOTE
In this report, "$" refers to United States dollars.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Executive Summary
(1) Project Overview
The project includes five components, i.e. community-based elderly care service centers, elderly care demonstration areas where integrated medical and elderly care services are delivered, information-based elderly care service platform, human resource development for elderly care services, and institutional capacity building for providing elderly care services.
(2) Land acquisition and House demolition
There are 11 facilities in the Project, (and they will be built in 8 project sites). Three facilities (EC3, EC4 and EC5) at two project sites will be reconstructed without land occupation and other eight facilities will be newly built at six project sites after acquiring 140.63 mu of land, of which 88.35 mu (62.82%) are rural collective land, and 52.28mu (37.18%) 1 are state-owned land. 2 The acquisition of rural collective land for EC2, EC6, EC7 and HC2 facilities will affect 65 households with 307 persons in 3 village communities in Xiangcheng District and Dongjin New District. The construction of EC1 and HC1 facilities in Hengzhuang community in Fancheng District will use 38.6 mu of state-owned land that was acquired by the local government in 2013 for another project3. As the project resettlement impact survey indicated there are six residential houses with total housing area of 2,170m2 in the EC1 and HC1 sites (on the lands that have been already acquired) and they will be demolished affecting six households with 49 persons in Hengzhuang Community. The project will totally affect 71 households with 356 persons in four villages in Xiangcheng District, Fancheng District and Dongjin New District, of which 6 households with 49 persons in Hengzhuang community will be significantly impacted because of house demolition. The income losses of the affected households have been assessed to be insignificant - less than 1% of household incomes. The resettlement plan will address land acquisition, compensation, and resettlement issues of the Project. The XMG is responsible for paying compensation and assisting the project-affected persons before land acquisition and relocation activities start.
One training facility will be built at vacant land owned by HUAS. The Zhumeng Hengzhuang EC1 and HC1 will be built on the land that was acquire in 2013 for Hengzhuang Public Security Housing/Affordable Housing project (the “HPSH project”) in Xiangyang City. As the Old City/Shantytown Renovation Project in Caiyue Area (the “OCR project”) in 2016 demolished houses at the location that has become the project site of the South Jianshe Road EC 8 (PPP), further demolishing of houses is not required. The land acquisition and house demolition were not done in anticipation of this ADB project. This separated Resettlement Due Diligence Report (DDR) confirms that there are no outstanding involuntary resettlement impacts or impacts on any specific ethnic minority communities that could trigger ADB’s Social Safeguard Policy requirements for indigenous peoples.
1 A mu is a Chinese unit of land area measurement (1 mu = 666.667 square meters). 2 The state-owned land has been already acquired, and the rural collective land will be newly acquired by the Project. 3 The Project sites of EC1 and HC1 facilities in Hengzhuang community are in plot F of the Hengzhuang Public Security Housing project (the “HPSH project”) of Xiangyang City. There are 9 plots in the HPSH project with total land area of 610mu (40.61 ha). EC1 and HC1 will take 38.6mu of land. In 2012, the local government started the land acquisition of 610 mu of land and ground attachments and completed the compensation payments in 2013. In 2015, the local government started house demolition in phases according to the subproject construction schedules in the area. When the resettlement survey was conducted at the end of 2019, the demolition of six houses in plot F was not yet started.
(3) Policy framework and the right to compensation
The RP is prepared based on the Land Administration Law of the People's Republic of China (2019), the Decision of the State Council on Intensifying the Reform and Tightening of Land Management (G.F. [2004] No. 28), and Guiding Opinions on Improving Compensation and Resettlement System for Land Acquisition (G.T.Z.F.[2004] No. 238), Several Opinions of the State Council on Expediting the Development of the Elderly Service Industry (G.F. [2019] No. 5), and Guidance of the Ministry of Natural Resources on Strengthening Planning and Land Security to Support the Development of Elderly Care Services(Dec 2019) as well as relevant policies of Hubei Province and Xiangyang City. According to the RP, all affected people have the right to be compensated and receive resettlement assistance. They are entitled to receive announcements thereof in a timely manner. Through full consultation with the XPMO, local government, project implementing agency, and affected families, based on the realities of different places, the resettlement principle or entitlement matrix has been established.
(4) Compensation standard and resettlement plan
Compensation for acquired land. Compensation standards for land acquisition include land compensation and a resettlement subsidy. In accordance with the Circular of Hubei Provincial People's Government on Publishing Standards of Comprehensive Land Prices for Land Acquisition in Hubei Province (E.Z.F.[2019]No.22) and the Letter of Hubei Provincial Department of Land and Resources on Publishing the Multiples and Correction Factors of Compensation for Land Acquisition and Resettlement and the Compensation Standard for Young crops (E.T.Z.H[2014]No.242), land compensation standards range from CNY 19,280/mu to CNY46,200/mu, and the compensation standard for resettlement subsidy range from CNY 28,920/mu to CNY 69,300/mu in Xiangyang Municipality. Compensation standards for young crops range from CNY1,470/mu to CNY2,700/mu in Xiangyang Municipality. The annual average output value (AAOV), socioeconomic situation of residents, and the location of land are taken into account in the formulation of the comprehensive land price and will be adjusted every three to five years by the Department of Land Resource of Hubei Province (the new name is Department of Natural Resource of Hubei Province). For example, the compensation standards for land acquisition in Hubei Province has been adjusted in 2019 and increased from 36.2% to 92.5% in the project districts compared with the standards in 2014. As there is no market price for rural collective land in PRC, the comprehensive land price could be treated as the replacement cost of rural collective land. Compensation standard for land acquisition, which is based on the comprehensive land price, complies with ADB’s involuntary resettlement safeguard policy requirements.
According to the Circular of Xiangyang Municipal People's Government Office on Issuing Guidance Standards for Compensation for the Expropriation of Attachments on Collectively Owned Land in Xiangyang City(X.Z.B.F.[2018] No. 41), the standard of compensation for the motor-pumped wells is 4000 yuan per well; the standard of compensation for trees (diameters at breast height of these trees are 6 cm to 10cm) in Sunjiaxiang Village and Hengzhuang Community in the project affected area is 30 yuan/plant.
The main measures for income rehabilitation include: (i) compensation for land losses at their replacement cost enabling them to invest cash compensation in new enterprises; (ii) employment opportunities during the project construction phase and also during the project operation phase; and (iii) provision of ECS skill training, and employment information free of charge to the affected persons, and (iv) engagement of affected persons with a per capita cultivated land area of less than 0.3 mu after land acquisition.
Compensation for demolished residential houses. The affected residential houses are brick- concrete structures. Compensation standard for a brick-concrete housing is CNY 791/m2 which is based on the replacement cost of an affected house structure. Meanwhile, the qualified appraisal agency will be hired by the land users to evaluate the value of house decoration. Compensation shall be the total price of the final evaluation. The transition subsidy is CNY 120 per month per person, and the standard of one time relocation subsidy is CNY 120 per person. In lieu of cash compensation the affected persons could choose the resettlement scheme of purchasing the resettlement housing at three centralized resettlement communities near the original affected houses. Compared with original living conditions in the rural village, the resettlement communities have completed supporting facilities, including shopping mall, supermarket, community medical center, recreation center, schools and bus stops, which are much better than before. Meanwhile, the resettlement housing has better quality and design and affected person could have urban real estate ownership certificate of the resettlement housing and trade on the market, which is much valuable than their previous houses.
(5) Public participation and information disclosure
Through discussions, interviews, and questionnaire surveys, all affected persons (with more than 50% of women) will be informed of the key parts of the RP. The aforesaid means allow the displaced persons to engage in the Project, and their opinions are fully considered in the RP. The Resettlement Information Booklet (RIB) and the RP will be distributed to the affected persons in May 2020, and the first draft of the RP will be published on the ADB's website in June 2020. Complaint channels have been established. The XPMO, the implementing agency (IA), the governments of the affected districts, the committees of the affected villages, and other relevant organizations will accept complaints and grievances from the affected persons free of charge, free of charge, and the reasonable expenses thus incurred will be paid from the project's contingencies.
(6) Complaint and grievance redress mechanism
The XPMO, the Hanjiang State-Owned Capital Investment Group Co., Ltd. (HJGT) which is the implementing agency (IA), the local governments of the affected districts, and the committees of the affected villages are responsible for the coordination and resolution of complaints and grievances. The displaced persons can lodge complaints against any aspect of resettlement including compensation standards. The grievance redress mechanism (GRM) will be established by March 2021, prior to the finalization of detailed designs and the commencement of land acquisition and resettlement activites under the project and will include the following stages:Stage 1: Villagers can submit their opinions and suggestions to their village groups or village committees, which is the main channel for villagers and affected persons to express their grievances.
Stage 2: Villagers can submit their opinions and suggestions to their villages, sub-district offices, district land acquisition and demolition offices or relevant implementation agencies.
Stage 3: Villagers can submit their opinions and suggestions to the XPMO and the Municipal Government Office for Letters and Calls.
If the affected persons are dissatisfied with the project, they can protect their rights through the aforesaid channels. The affected people can also complain to ADB. The ADB project team will handle such complaints.
(7) Implementation arrangements
The executing agency (EA) of the Xiangyang Hubei Elderly Care Service Development Project ("the Project") is Xiangyang Municipal Government (XMG). Xiangyang project management office (XPMO) has been set up on behalf of XMG and is responsible for the overall management and coordination of the RP preparation and implementation. The Hanjiang State-Owned Capital Investment Group Co., Ltd. (HJGT) is the project implementing agency (IA). Natural Resources Bureau of Xiangyang City, House Dmolition Office and Natural Resource Bureau of affected Districts have been authorized as the implementing agencies for the implementation of the RP. Meanwhile, the sub-district offices and village committees in the project area will also assist to implement the RP during implementation stage.
To ensure smooth implementation of the RP, the XPMO and local staff participating in the LAR will receive training on resettlement policies and implementation operations, as well as internal monitoring, evaluation and reporting. The RP includes a resettlement implementation schedule based on the project preparation and implementation schedule.
(8) Monitoring, evaluation and reporting
To ensure the successful implementation of the RP, internal and external monitoring on the implementation of land acquisition and resettlement will be conducted. XPMO, the IA, and the land acquisition and demolition office of each district will jointly conduct internal resettlement monitoring. Their monitoring report will be submitted to the ADB every six months. The XPMO will commission an external monitoring agency to conduct external monitoring and evaluation once every six months. Monitoring and evaluation costs are included in resettlement costs.
(9) Resettlement cost budget and resettlement implementation plan
Based on the relevant prices in the second half of 2019, the total resettlement budget of the Project is 30.5185 million yuan, of which 6.9491 million yuan (22.77% of the total budget) is for land compensation, 2.4798 million yuan (8.13% of the total budget) is compensation for the residents to be relocated due to house demolition, 14.8894 million yuan (48.79%) is the taxes incurred for land acquisition, 5.2573 million yuan 17.23%) is various indirect costs, and 942,900 yuan are for the unforeseen costs.
Based on the scale and realities of construction, the implementation of the RP is expected to start in the Q4 of 2021 and end in Q4 of 2026.
Contents Executive Summary ...... 1 1 OVERVIEW ...... 1 1.1 Project background ...... 1 1.2 Minimizing Land Acquisition and House Demolition Impacts ...... 1 1.3 Project resettlement impacts ...... 1 2 PROJECT IMPACTS ...... 5 2.1 Project impact survey ...... 5 2.2 Summary of affected people ...... 6 2.3 Land acquisition impact ...... 6 2.4 House demolition impact...... 10 2.5 Affected ground attachments ...... 11 2.6 Affected ethnic minorities and vulnerable groups ...... 11 3 SOCIAL AND ECONOMIC CHARACTERISTICS OF THE PROJECT AREA...... 12 3.1 Social and Economic Conditions in the Project Area ...... 12 3.2 Social economic characteristics of affected population ...... 13 4 LEGAL FRAMEWORK AND POLICIES ...... 19 4.1 Main laws, regulations and policies for land acquisition and resettlement ...... 19 4.2 ADB’s Involuntary Resettlement Safeguard Policy ...... 20 4.3 Gap Analysis and Gap Filling Measures ...... 22 5 ELIGIBILITY AND ENTITLEMENTS...... 28 5.1 Cut-off Date of Eligibility ...... 28 5.2 Compensation for Land Acquisition ...... 28 5.3 Compensation rate for house demolition ...... 31 5.4 Vulnerable groups ...... 38 5.5 Entitlement Matrix ...... 38 6 INCOME RESTORATION AND RESETTLEMENT MEASURES ...... 42 6.1 Restoration Measures against the LA ...... 42 6.2 Resettlement of Residential HD ...... 45 6.3 Protection of women's rights and interests ...... 49 7. RESETTLEMENT ORGANIZATION ...... 51 7.1 Organization structure ...... 51 7.2 Organization responsibilities ...... 52 7.3 Staff, equipment and training ...... 53 8 PUBLIC CONSULTATION AND GRIEVANCE REDRESS ...... 54 8.1 Public consultation ...... 54 8.2 Grievance redress mechanism ...... 60 9 RESETTLEMENT BUDGET ...... 63 9.1 Resettlement budget ...... 63 9.2 Resettlement investment plans and fund sources ...... 65 10 RESETTLEMENT IMPLEMENTATION PLAN ...... 66
10.1 Principles of resettlement...... 66 10.2 Resettlement schedule ...... 66 11 MONITORING AND EVALUATION ...... 69 11.1 Internal monitoring ...... 69 11.2 External monitoring ...... 73 Annex 1 Photographs of Project Facilities and Copies of Relevant Documents of Land Use Approvals ...... 76 Annex 2 Resettlement Information Booklet (RIB) ...... 85 Annex 3 Outline of External Monitoring and Evaluation ...... 93 Annex 4 Laws, regulations and policies of China on resettlement ...... 96
1 OVERVIEW
1.1 Project background 1. The proposed Xiangyang Hubei Elderly Care Service Development Project (“the Project”) aims to support Xiangyang Municipality in Hubei Province of the PRC to strengthen coordinated elderly care service provision by helping establish an elderly care system and enhancing the involvement of the private sector.
2. The Project consists of 5 outputs including: (i) Output 1: Institutional scheme and capacity in provision of elderly care services developed; (ii) Output 2: Public–private partnership subproject for elderly care service provision developed; (iii) Output 3: Capacity in provision of geriatric acute care and rehabilitation strengthened; (iv) Output 4: Support services and capacity for elderly care services strengthened; and (v) Output 5: Policy and management capacity in elderly care system strengthened. Please find details in table 1-1.
3. In accordance with the latest domestic FSRs, the Project has been divided into four subprojects including various components in different locations, namely: i) community-based elderly care service stations, ii) elderly care demonstration areas where integrated medical and elderly care services are delivered, iii) information-based elderly care service platform, iv) human resource development for elderly care services, and v) institutional capacity building for providing elderly care services.
1.2 Minimizing Land Acquisition and House Demolition Impacts 4. To minimize negative impacts of subproject construction work on the social economy of the local residents, the design institute and Implementing Agency followed the principle of ‘minimizing house demolition by avoiding populated and residential areas; and minimizing the acquisition of land, especially cultivated land. During the design optimization, adequate consideration on the local social and economic impacts has been the key factor for alternative analysis and design optimization. For example, according to the original project design, there are totally 24 residential houses on the project sites of two EC facilities, which will be affected by house demolition, one EC facility’s original project site has 10 houses and the other EC facility’s original project site has 14 houses. The Implementing Agency has changed the one of the project sites and optimized the design of another facility’s site during project preparation in order to minimize the project’s adverse impacts. According to the final confirmed design, the house demolition impacts has reduced from 24 houses to 6 houses.
1.3 Project resettlement impacts 5. All the outputs will include civil works except in Output 5. There are 11 facilities in the Project, (to be built in 8 project sites) including six elderly care facilities in output 1, two elderly care facilities under a PPP modality in output 2, two G2 hospitals with geriatric acute care and rehabilitation in hard component of output 3, and one training facility will be built at the Hubei University of Arts and Science (HUAS) in Xiangyang Municipality under output 4. The 11 facilities will be in 4 districts of Xiangyang City, such as Xiangcheng District, Fancheng District, Dongjin New District and High-tech development zone. See annex 1 for the detailed location of project sites and photo of current situation.
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6. Three facilities (EC3, EC4 and EC5) at two project sites will be reconstructed without any additional land acquisition and other eight facilities will be newly built at six project sites after acquiring 140.63 mu of land, of which 88.35 mu (62.82%) are rural collective land to be acquired, and 52.28mu (37.18%)4 are state-owned lands.5 The acquisition of rural collective land for EC2, EC6, EC7 and HC2 facilities will affect 65 households with 307 persons in 3 village communities in Xiangcheng District and Dongjin New District. The construction of EC1 and HC1 facilities in Hengzhuang community in Fancheng District will use 38.6 mu of state-owned land that was acquired by the local government in 2013 for another project6. As the project resettlement impact survey indicated there are six residential houses with total housing area of 2,170m2 in the project site and they will be demolished affecting six households with 49 persons in Hengzhuang Community. The XMG is responsible for paying compensation and assisting the project-affected persons before land acquisition and relocation activities start.
7. Hubei University of Arts and Science (HUAS) training base will be built at vacant land owned by HUAS. The Zhumeng Hengzhuang EC1 and HC1 will be built on the land that was acquired in 2013 for Hengzhuang Public Security Housing/Affordable Housing project (the “HPSH project”) in Xiangyang City. As the Old City/Shantytown Renovation Project in Caiyue Area (the “OCR project”) in 2016 demolished houses at the location that has become the project site of the South Jianshe Road EC 8 (PPP), further demolishing of houses is not required. The land acquisition and house demolition were not done in anticipation of this ADB project. A separate Resettlement Due Diligence Report (DDR) has been prepared and confirms that there are no outstanding involuntary resettlement impacts or impacts on any specific ethnic minority communities that could trigger ADB’s Social Safeguard Policy requirements for indigenous peoples.
8. The land acquisition and resettlement programs of the Project are outlined below.
Table 1-1 Project LAR Impact Screen Name of the Footprint facilities and Type of HD LA Remarks belonged construction district area (mu)
Output 1
Local government acquired the EC1 (Fancheng: land in 2013 and no additional Zhumeng New construction 38.60 Yes No land acquisition is required. A Hengzhuang) DDR is prepared to discuss any outstanding issues related to the payment of compensation and grievances pertaining to the
4 A mu is a Chinese unit of land area measurement (1 mu = 666.667 square meters). 5 The state-owned land has been already acquired, and the rural collective land will be newly acquired by the Project. 6 The Project sites of EC1 and HC1 facilities in Hengzhuang community are located in plot F of the Hengzhuang Public Security Housing project (the “HPSH project”) of Xiangyang City The total land area of project sites are 38.6 mu. There are totally 9 plots in the HPSH project with a total land area of 610 mu (40.61 ha). Originally, there were six houses in the project site (plot F). In 2012, the local government started the acquisition of 610 mu of land and ground attachments and completed compensation payment in 2013. In 2015, the local government started house demolition in several phases according to the subproject construction schedules. When the resettlement survey started in the end of 2019, there were six houses in plot F which were not yet acquired. 3
Name of the Footprint facilities and Type of HD LA Remarks belonged construction district area (mu)
acquired land. Regarding the 6 residential houses, which will be demolished by this project, please find details in RP.
EC2 (Xiangcheng: New 25.18 No Yes Please find details in RP. No.4 middle construction school)
The building originally belonged to Food Administration Bureau and was abandoned after relocating to a new building. It has been Retrofit of a transferred to the IA by the EC3 (Food government- government through the Administration owned office coordination of the government N/A N/A N/A Bureau of building into an meeting. Please find the copy of Xiangyang city) elderly care meeting minutes in Annex 1. No center. additional land acquisition or house demolition will be required for the subproject. No tenants or employees were found who could also be affected.
The property right of the estate of Public Rental Housing Community was belonged to IA who has EC4 EC5 (High Retrofit of two obtained the state-owned land use tech zone: Public housings in the right in 2016. Please find the rental housing community N/A N/A N/A document in Annex 1. The community in owned by the IA community has completed Shenzhen into elderly care construction in 2019. No Industrial Park) center. additional land acquisition or house demolition will be required for the subproject.
EC6 New construction 12.62 No. Yes Please find details in RP. (Xiangcheng)
Output 2
EC7 (Dongjin New district: New construction 50.55 No Yes Please find details in RP. PPP)
4
Name of the Footprint facilities and Type of HD LA Remarks belonged construction district area (mu)
Located on the south of Jianshe Road. Land was acquired by the EC8 (Fancheng: local government in 2016. Please New construction 10.2 No No PPP) see the separate DDR.
Output 3
HC1 (Fancheng: Zhumeng New construction The same as EC1 Hengzhuang)
HC2 (Dongjin New construction The same as EC 7 New District)
Output 4
HUAS was established in 2012 and the land has been acquired Hubei University more than 10 years before during of Arts and New the construction of the university. Science (HUAS) construction in The land belonged to Xiangyang 3.48 No No training base the southeast Smart Investment Company. It (Xiangcheng corner of HUAS also belong to the same mother District) company with IA. Please find the state-owned land use right certification in Annex 1.
Source: FSR and XPMO. 5
Figure 1-1 Project sites location map
2 PROJECT IMPACTS
2.1 Project impact survey 9. The scope of the Project resettlement impact survey was in accordance with the project feasibility study report. From December 2019 to January 2020, based on the scope of project impacts provided in the project feasibility study report, the officers from XPMO, engineers from Hubei Province Engineering Consulting Co., Ltd. officers from sub-district offices, and affected communities have conducted a resettlement impact survey of the Project. As the project is still in the feasibility study stage, the RP will be updated according to the detailed measurement survey (DMS) and detailed design.
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2.2 Summary of affected people 10. According to the latest version of FSR, the Project requires 140.63 mu of land, comprising 88.35 mu of collective lands which need to be acquired and 52.28 mu of state-owned lands which was already acquired by the local government. This land was not acquired in anticipation of the Project. A total of 2,170 square meters (m2) of residential houses will be demolished. Rural collective lands will be acquired for three newly built EC facilities (EC2, EC3 and EC7 in table 1- 1) and one HC (HC2 in table 1-1). The project will affect 71 households with 356 persons in four villages in Xiangcheng District, Fancheng District and Dongjin New District, of which 6 households with 49 persons in Hengzhuang community will be significantly impacted because of house demolition. The income losses of households with land impacts has been assessed to be insignificant, with less than 1% of their household incomes affected. Please find the summary of affected people affected by land acquisition (LA) and house demolition (HD) in table 2-1.
Table 2-1 Summary of the LAR affected people No of District Subdistrict Village LA impacts HD impacts
facilities /township HH AP HH AP
EC 6 Xiangcheng Panggong Shijiamiao 18 72 district subdistrict Community
EC 2 Sunjiaxiang 15 57 village
EC 7 & Dongjin new Xiaoying village 32 178 HC 2 district
EC 1& Fancheng Wangzhai Hengzhuang 6 49
HC1 district subdistrict community
Total 65 307 6 49 Source: Project resettlement impact survey.
2.3 Land acquisition impact 11. The permanent acquisition of collective land will affect 3 villages: Shijiamiao community and Sunjiaxiang Village in the Xiangcheng District and Xiaoying Village in the Dongjin New District. The project requires a total of 88.35 mu of collective land, including 50.55 mu of cultivated land and 37.8 mu of garden land7, directly affecting 307 people from 65 households.
Table 2-2 Summary of LA impacts District Subdistrict Village LA area (mu)
7 The garden land was used to plant vegetables. 7
/township Cultivated Garden Subtotal land land
Xiangcheng Panggong Shijiamiao 12.62 12.62 district subdistrict Community
Sunjiaxiang 25.18 25.18 village
Dongjin new Xiaoying village 50.55 district
Total 50.55 37.8 88.35 Source: Project resettlement impact survey.
12. Project construction will be carried out on the acquired land and it is not envisaged that the Project will acquire further land permanently or temporarily.
13. The land to be acquired is mainly cultivated land and garden plots. (See the photos of project sites below.) The average land loss area is 1.36 mu and the average land loss rate is 33.88%. However, with social and economic development, residents and households in the areas affected by land acquisition no longer depend on agriculture for their livelihood, and there are various forms of other household income. According to the social economic sample survey, the average agricultural income accounts only for 3.36% of total household. The income losses of households from land acquisition have been assessed to be insignificant - less than 1% of household income.
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Figure 2-1 Current situation of Sunjiaxiang Village's affected land (EC 2) 9
Figure 2-2 Current situation of Shijiamiao community’s affected land(EC6)
Figure 2-3 Current situation of Xiaoying village’s affected land(EC7 & HC2)
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2.4 House demolition impact 14. The Project site of Zhumeng Hengzhuang EC1 and HC1 located in plot F of the Hengzhuang Public Security Housing project (the “HPSH project”) of Xiangyang City with total land area of 38.6 mu. Acquisition of 610 mu (40.61 ha) of collective land (including the 38.6 mu of land in plot F) in the HPSH project was completed in 2013 by the local government. (Please see the RDDR) There are 06 residential houses in plot F which needs to be demolished for the Project. The house demolition of HPSH project, started in 2015, has being implemented in different phases. House demolition in other areas such as plot A, plot B and plot C was already completed and resettlement of households was also completed. House demolition in the plot F has not yet started. Therefore, the construction of Zhumeng Hengzhuang EC1 and HC1 will involve the demolition of 6 residential houses in Hengzhuang Community in Wangzhai subdistrict, Fancheng District, with a total demolition housing area of 2,170 m2. All of the affected houses are brick-concrete structures.
Table 2-3 Residential House Demolition Impacts District and Village/ Village group Name of APsa House area Subdistrict community the head (m2) of AH* (Brick- concrete) Wangjiazhai Hengzhuang No.8 A 9 480 subdistrict in community No.8 B 8 380 Fancheng No.8 C 8 320 district No.8 D 8 360 No.8 E 8 200 No.8 F 8 430 Total 49 2170 a The names of the head of affected households were not disclosed in the report brcause interviewees requested confidentiality. Source: Project resettlement impact survey.
Figure 2-4 Current situation of affected houses in Hengzhuang Community 11
2.5 Affected ground attachments 15. The affected ground attachments are trees, well, and greenhouses (Table 2-4).
Table 2-4 Affected ground attachments
Item Affected village Unit Quantity
Trees Sunjiaxang Vilalge tree 280
Well Shijiamiao community Unit 1 well with 4 m2 pump house
Greenhouse Sunjiaxiang village m2 4 Source: Project Resettlement Impact Survey.
2.6 Affected ethnic minorities and vulnerable groups 16. There were no vulnerable households8 identified during project impact survey. However, during RP updating this will be verified.
17. There were no ethnic minorities identified among APs.
8 Vulnerable group are those individuals and families who are living below the urban rural minimum living standard. They include orphans, aged people, handicapped people, mentally disabled persons, and women-headed households.
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3 SOCIAL AND ECONOMIC CHARACTERISTICS OF THE PROJECT AREA
18. The land to be acquired for the project is generally located in the Panggong subdistrict of Xiangcheng District, Wangzhai subdistrict in Fancheng District and the Dongjin New District.
3.1 Social and Economic Conditions in the Project Area
3.1.1 Social economic status of affected villages
19. This project impacts on Shijiamiao Community and Sunjiaxiang Village in Panggong subdistrict, Xiangcheng District, Hengzhuang Community in Wangzhai subdistrict, Fancheng District and Xiaoying Village in Dongjin New District in Xiangyang City.
20. Shijiamiao Community, covering an area of 2.6 square kilometers, currently has 6 residential communities with 576 residential buildings, 940 households, 3,200 permanent residents, 362 migrants and 12 units. The total group population of affected group named ‘Group One’ with total population of 1989 people in 475 households. Among them, 15% of villagers have already lost all of their land and become urban residents because of the land acquisition for nearby other projects such as Xingguang Avenue and Xiangyang Avenue construction project which was financed by the World Bank. The other 85% of villagers (403 households with 1690 person) still have farmland, and the total area of cultivated land is 322.98 mu.
21. Sunjiaxiang Village is located on the west bank of Hanjiang River, neighboring Yangjiahe Village in the south, Tuxiang Village in the north and Hexin Village in the west.Covering an area of 2.6 square kilometers, it has 583 households, 1,602 people, 1,427 mu of cultivated land, and 7 village groups, governed by Panggong Sub-district Office of Xiangcheng District.
22. Affiliated to Wangzhai Sub-district Office and located in the urban-rural fringe in the west of Fancheng District, Hengzhuang Community is bordered by Inner Ring Road in the east, Zhonghang Avenue in the west, Chunyuan West Road in the south and Shipu Wanghuo Community in the north.The four main roads, namely Inner Ring Road, Chunyuan West Road, Qilihe Road and Mincheng Road, pass through Hengzhuang Community, forming a shape like Chinese character "Jing(well)". It is an important part of the development of Fancheng District. Covering an area of 2.2 square kilometers, Hengzhuang Community has 9 residential groups, a new residential district and a school called Hengzhuang Primary School. The community has over 3,500 households with 10,000 persons. The incomes of community residents include wages from jobs and pensions paid by the village committee. Medical insurance and social security have been provided to all residents. In the territory of Hengzhuang Community, there are 2 private-owned industrial parks, 1 industrial park collectively owned by the community and 23 enterprises including 1 restaurant, 1 driving school and 6 large-scale enterprises with an annual output value of over 300 million yuan.
23. Xiaoying Village is an administrative village under the jurisdiction of Dongjin Town, Xiangzhou District, Xiangyang City, Hubei Province. It has 587 households, 1,600 people, 4,600 mu of cultivated land and 10 village groups. 13
3.2 Social economic characteristics of affected population 24. The socioeconomic sample survey of APs involved 29 households, including 6 HHs affected by HD and 23 HHs affected by LA with a sampling rate of 40.85% of the total AHs, and 100% of AHs affected by HD were surveyed.
3.2.1 Analysis of family members
25. 29 households have 138 people of which the female population is 67, accounting for 49%; farming population is 123, accounting for 89%; labor population is 96, accounting for 70% of total population; female labor population is 47, accounting for 49% of the total labor population; dependent/disabled/elderly population is 22, accounting for 16%; school-age population is 29 accounting for 21%. The demographic composition of the sample households is shown in Table 3-3.
Table 3-2 Overview to Sample Household Members
AH AP Type of Affected village Female Labor Female Elderly Children impact HHs Total labor in school Shijiamiao LA 3 14 7 10 5 1 3 Community Hengzhuang HD 6 31 19 24 13 3 8 Community Sunjiaxiang LA 7 30 16 20 10 8 4 Village
Xiaoying Village LA 13 63 25 42 19 10 14
Total 29 138 67 96 47 22 29
Source: Socioeconomic survey for APs.
3.2.2 Age structure
26. Among the 138 persons in the surveyed households, 20% are under 18 years old; 43% are 18-50 years old; 22% are 51-60 years old; and 15% are 61 years old and above. The age structure of affected persons is shown in Figure 3-1.
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Figure 3-1 Age Structure of the Sample Household Members
Age structure of sample households' members
15% 20%
22%
43%
Under 18 years old 18-50 years old 51-60 years old 61 years old and above
Source: Socioeconomic survey, 2019.
3.2.3 Education level
27. Among the 29 surveyed households, the illiterate population accounts for 8%; 30% of them have attended primary school; 22% of them have attended junior middle school; 17% of them have attended high school; 22% of them have received education of college or higher The education structure of the sample household members is shown in Figure 3-2.
Figure 3-2 Education Level Structure of the Sample Household Members Education of sample households' member
8% 22%
30%
17%
22%
Illiterate Primary school Junior middle school High school College or higher
Source: Socioeconomic survey, 2019.
3.2.4 Housing area 15
28. Among the 29 surveyed households, 6 households in Hengzhuang Community will lose residential houses with a total area of 2170 m2.The houses are of brick-concrete structure, with per household housing area of 361 m2, and per capita area of 70 m2.
3.2.5 Cultivated land resources
29. Among the 29 sample households, the total area of contracted farmland is 104.7 mu, with an average household contracted farmland of 3.6 mu and per capita contracted farmland of 0.76 mu. The land types are cultivated land and vegetable plots, where rice and vegetables are planted respectively for their own consumption. If a surplus was produced, they sell rice and vegetables in the market earning an annual comprehensive income of about 830 yuan per mu.
3.2.6 Labor force structure
30. Among 96 labor in surveyed AHs, 14.58% work in enterprises and public institutions; 16.67% are migrant workers outside Xiangyang City; 47.92% are working in the nearby factories or commercial services in Xiangyang City such as restaurants, hotels and super markets; 15.63% are self-employed in transportation, small businesses, and building constructions; and 5.21% are in school.
Table 3-3 Labor force structure of sample households
Family members
Item Enterprises Migrant Migrant workers in the city Self-employed Students Total and public workers institutions outside the city
Total 96 14 16 46 15 5
% 100 14.58 16.67 47.92 15.63 5.21
Source: Socioeconomic survey 2019.
3.2.7 Household income
31. The average income per household in 2018 was 119,300 yuan. The average annual household income in Shijiamiao Community was 105,100 yuan; the average household annual income in Hengzhuang Community was 124,800 yuan; the average annual household income in Sunjiaxiang Village was 97,600 yuan; and the average annual household income in Xiaoying Village was 138,800 yuan. Their household incomes are from farming (2.54%), self-employment (15.15%), wages work at enterprises and public institutions (23.71%), working away from home (57.75%), pension (0.57%) and others (0.29%).
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Table 3-4 Sample Household Income Structure Affected Average Household income structure (100%) village annual Agricult Self- Enterpri Working pension other income ure employ ses and away per AH ment public from (10,000 instituti home yuan) on Shijiamia o 10.51 3.39 12.06 28.55 55.71 0.29 0 Commun ity Hengzhu ang 12.48 0 23.78 45.92 29.99 0.32 0 Commun ity Sunjiaxia ng 9.76 3.31 0 19.76 75.88 1.05 0 Village Xiaoying 13.39 3.36 17.62 12.64 65.19 0.56 0.62 Village Average 11.93 2.54 15.15 23.71 57.74 0.57 0.29 Source: Socioeconomic survey, 2019
32. Income of the sample households mainly came from non-agricultural sources accounting for 96.6%, while the proportion of income from farming and pension was less than 3%.
3.2.8 Household expenditure
33. In 2018, the average expenditure of a surveyed household was 79,100 yuan. The annual expenditure per household in Shijiamiao Community was 62,100 yuan; the annual expenditure per household in Hengzhuang Community was 88,100 yuan; the annual expenditure per household in Sunjiaxiang Village was 82,200 yuan; the annual expenditure of a household in Xiaoying Village was 75,600 yuan. The per capita expenditure on seeds, pesticides and fertilizers was 253 yuan, accounting for less than 1%; the per capita expenditure on electricity was 540 yuan, accounting for 3%; the per capita expenditure on supplied water was 122 yuan, accounting for 1%; the per capita expenditure on telecommunication is 583 yuan, accounting for 4%; the per annual capita expenditure on school is 1,787 yuan, accounting for 11%; the per capita expenditures on medical treatment and household consumption are 82 yuan and 9,247 yuan respectively, accounting for 56%; the per capita expenditure on pension insurance is 312 yuan, accounting for 2%; the per capita expenditure on others (such as car purchases and social visits) was 3,640 yuan, accounting for 22%. Details of expenditures of affected households are shown in Table 3-5. 17
Table 3-5 Household Expenditure on Key items in the Sample Households in 2018 Total expenditure Items Percentage (yuan)
Seeds, pesticides and fertilizers 34854 1.52%
Electricity fee 74500 3.26%
Tap water fee 16820 0.74%
Telecommunication fee 80452 3.52%
School expenses 246600 10.79%
Medical expenses 11300 0.49%
Household consumption 1276148 55.83%
Pension insurance contributions 43000 1.88%
Others 502300 21.97%
Source: Socioeconomic survey, 2019
3.2.9 Minority ethnic groups
34. All affected households are Han people. No ethnic minority people will be affected by the project. There are 40 different ethnic minority groups dispersed in the Xiangyang City. As there are no minority communities in the project area, the implementation of the project will have no impacts on their daily life. The minority ethnic population in Xiangyang City is about 25,000 accounting for 0.4% of the total population.
3.2.10 Impacts of the project on the poor and the female
35. Among the total population of sample households, 49% are women. Female labor accounts for 34% of the total labor. In the project areas the participation rate of women in social and economic activities is relatively high when they are under the age of 25. Due to marriage and childbirth, the participation rate of women decreased sharply when they are between the ages of 25 and 35; the participation rate of women rebounds when they are between the ages of 35 and 50; the participation rate of women declines again when they are more than 50 years old. Young women mainly work away from home before marriage and childbirth, engaging in non-agricultural
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production and business activities. Once they get married and have children, they mainly stay at home. In their daily life, they involve in agricultural production and management. They focus mainly on housework and will help in farm work during the busiest seasons. After the age of 50, it is not easy for women to find suitable jobs. As a result, they tend to stay at home and take care of their families.
36. According to the information obtained from the survey and interview, the women in the project area are likely to be affected by the project as follows:
37. Firstly, with the ‘advancement of shantytown renovation in Xiangyang City’ project, many lands were acquired and the farmers have gradually accepted the reality of land loss. With the acceleration of urbanization, non-agricultural income has gradually become their main source of income. The proportion of agricultural income becomes smaller year-by-year, and most farmers find jobs in nearby cities. However, before the land acquisition for this project, most of the people engaging in agricultural production are the elderly and women because they found it difficult to find jobs elsewhere. The land acquisition for the project may affect their economic activities and impact on their economic income and their position in the family. Some women are concerned that it will be difficult for them to find non-agricultural employment opportunities since they have low education level and lack employable skills.
38. Secondly, some women are worried that they may not get the same treatment as men receive and there could be a discrimination against women during skill training and recruitment of new jobs created by the project.
39. In view of the realities in resettlement and the concerns of the affected women, the XPMO and resettlement implementation agencies will prepare special measures during the project implementation to ensure women fully participate in resettlement activities through information disclosure and village collective meetings. Women will be allowed to play an important role in socioeconomic and resettlement activities, and women enjoy the same rights as men in training and employment. The main measures are summarized below and details are include in section 6.3:
1) Implement equal resettlement and compensation policies for men and women, and establish an open and transparent mechanism for the release of compensation information for land acquisition and house demolition, and ensure that women have equal rights to receive compensation and information.
2) After the project is operational, comprehensive consideration will be given to industrial development and women's equal participation and development opportunities so as to avoid social imbalances caused by differences in gender choices. This project is an elderly care project, and women are more suitable for most of the nursing positions. Priority will be given to the females from those households who lost land to the project.
3) The newly built resettlement communities are often equipped with kindergartens, primary and secondary schools, nursing homes, and property management and other social service facilities. These can free women from the heavy housework and allow them to participate in social and economic activities. 19
4 LEGAL FRAMEWORK AND POLICIES 40. The resettlement implementation will strictly follow relevant laws, regulations and policies of the People's Republic of China, Hubei Province and Xiangyang City. Meanwhile, the resettlement planning and implementation will fully comply with the ADB safeguard policy on involuntary resettlement.
4.1 Main laws, regulations and policies for land acquisition and resettlement 4.1.1 Laws and regulations
1) ADB policies • Safeguard Policy Statement, June 2009
2) Laws, regulations and policies of China
• Land Administration Law of the People's Republic of China, implemented as of January, revised on August 26, 2019 and implemented (the revised version) as of January 1, 2020, No. 28 president order. (Abbreviated as “new Land Administration Law” 2019) • Regulations on the Implementation of the Land Administration Law of the People's Republic of China, implemented as of January 1, 1999, and revised on July 29, 2014. • Decision on Deepening Reforms and Intensifying Strict Land Management, issued by the State Council on October 21, 2004. • Circular of the State Council on Relevant Issues Concerning Strengthening Land Control, issued by the State Council on August 31, 2006. • Regulations of the State Council on Deepening Reform of Land Management, No. 28 Document of 2006. • Property Law of the People's Republic of China, implemented as of October 1, 2007. • Regulations of the People's Republic of China on Disclosure of Government Information, implemented as of May 1, 2008; revised by No.711 Decree of the State Council of the People's Republic of China on April 3, 2019, No. 711 Decree of the State Council of the People's Republic of China. • Law of the People's Republic of China on the Protection of Rights and Interests of the Elderly (December 29, 2018, No.24 Decree of the President of the People's Republic of China). • Several Opinions of the State Council on Accelerating the Development of the Elderly Care Service Industry (G.F.[2013] No.35).
3) Regulations and policies promulgated by the Ministry of Land and Resources and Hubei Provincial People's Government • Notice of the General Office of the Ministry of Land and Resources on Printing and Distributing Guiding Opinions on Land Use for Elderly Care Facilities (G.T.Z.T.F.[2014]No.11). • Opinions of the General Office of the State Council on Promoting Development of Elderly Care Services (G.B.F.[2019]No.5). • Guiding Opinions on Strengthening Planning and Land Use Security to Support Development of Elderly Care Services promulgated by the Ministry of Natural Resources (November 27, 2019, Z.R.Z.G.[2019]No.3). • Guiding Opinions of the Ministry of Land and Resources on Improving Compensation and Resettlement System for Land Acquisition (November 3, 2004).
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• Notice of the Ministry of Land and Resources on Further Improving the Management System of Rural Homesteads and Effectively Protecting Farmers' Rights and Interests (March 2, 2010). • Notice of the Ministry of Land and Resources on Further Improving Management of Land Acquisition (G.T.Z.F.[2010]No.96, June 26, 2010). • Circular of Hubei Provincial People's Government on Publishing Standards of Comprehensive Land Prices for Land Acquisition in Hubei Province (E.Z.F.[2019]No.22) • Circular on the Release of Resettlement Multipliers of Compensation for Land Acquisition, Correction Factors and Compensation Standards for Young crops (E.T.Z.H[2014]No.242). • Measures for Implementing House Acquisition on State-owned Land and Compensation in Hubei Province (No.380 Order of the People's Government of Hubei Province, implemented as of September 1, 2015). • Guiding Opinions of the People's Government of Hubei Province on Inclusion ofLand- expropriated farmers into Basic Endowment Insurance System (E.Z.F.[2014]No.53, November 27, 2014). • Rules of Hubei Province for Implementing Endowment Insurance and Compensation for the Land-expropriated farmers (February 26, 2015).
4) Regulations and policies promulgated by the people's governments of all districts and counties of Xiangyang City • Measures of Xiangyang for Inclusion of theLand-expropriated farmers into Basic Endowment Insurance System (X.Z.F.[2014]No.28, January 15, 2015). • Circular of Xiangyang Municipal People's Government Office on Issuing Guidance Standards for Compensation for the Expropriation of Attachments on Collectively Owned Land in Xiangyang City(X.Z.B.F.[2018] No. 41, September 21, 2018). • Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Pbulic Security Housing Functional Area (Hengzhuang area)) (November 2015) (November 2015).
4.1.2 Key Provisions of Laws, Regulations and Policies on Resettlement
41. Please find in appendix 4.
4.2 ADB’s Involuntary Resettlement Safeguard Policy 4.2.1 Objectives of ADB's safeguard policy on involuntary resettlement
• To avoid resettlement wherever possible; • To minimize resettlement impacts by exploring alternatives of projects and design alternatives; • To enhance or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project; and • To improve the living standards of the displaced poor and other vulnerable groups.
4.2.2 Policy Principles
• Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. 21
• Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. • Improve or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. • Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. • Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. • Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. • Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of nonland assets. • Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. • Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. • Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. • Pay compensation and provide other resettlement entitlements before physical or economic relocation. Implement the resettlement plan under close supervision throughout project implementation.
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• Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
4.3 Gap Analysis and Gap Filling Measures 42. The main aspects of the legal system include the collective land acquisition, the procedures for transferring collective land to the state, house demolition on collective land in rural areas, and house demolition on state-owned land in urban areas triggering the need for compensating and relocating persons, households, and communities. Key gaps between SPS and the PRC’s system and how to the bridge the gaps are as follows:
Table 4-1 Comparative Analysis of PRC System and ADB SPS as well as Gap-filling Measures in the RP ADB SPS Legal Provisions and Local Practice; and Measures in the RP Differences compared to ADB SPS Policy Principle 1: Screen Management Regulations for Construction The resettlement the project early on to identify Project Land Use Pre-examination (Decree plan and due past, present, and future No.42 of MLR) requires to screen the area and diligence has been involuntary resettlement type of the land to be provided for the project undertaken to impacts and risks. Determine before approving the FSR or checking the identify all the scope of resettlement project proposal. involuntary planning through a survey Before land acquisition, local LRB conducts resettlement impacts and/or census of displaced detailed measurement survey (DMS). and risks, including persons, including a gender Before house demolition, the house demolition identification of analysis, specifically related agency conducts detailed measurement issues of gender and to resettlement impacts and survey. PRC regulations do not assess past vulnerable group. risks. impacts. There is no specific legal provision to include analysis of gender and vulnerability in resettlement planning. However, in line with local government policies and program, special needs and measures for women and vulnerable group can be identified and assessed. In particular, identification of vulnerable group and support measures can be developed based on the (i) Five-Guarantee Households and (ii) Minimum Living Guarantee System. Please see Policy Principle 5 for more details. Policy Principle 2: Carry out At national level, Land Administration Law of The RP includes (a) meaningful consultations with the People’s Republic of China, State Council's adequate provisions affected persons, host Decision on Deepening Reform and Managing of consultations, communities, and concerned Strictly Land (the State Council made including with the nongovernment [2004]28), Guidelines on Improving the System poor and vulnerable organizations. Inform all of Land Acquisition Compensation and groups; (b) displaced persons of their Resettlement (the Ministry of Land and documentation of entitlements and resettlement Resources made [2004] number 238), and the consultation and options. Ensure their Regulations on the Compensation of Houses information participation in planning, on State-owned Land and Compensation disclosure; (c) implementation, and (2011) have similar requirements on grievance redress monitoring and evaluation of consultation and participation. In the province, mechanism. resettlement programs. relevant regulations and policies also require 23
ADB SPS Legal Provisions and Local Practice; and Measures in the RP Differences compared to ADB SPS Pay particular attention consultation, participation and information to the needs of vulnerable disclosure throughout the land acquisition and groups, especially those resettlement procedures. below the poverty line, the Although there are consultation and landless, the elderly, women participation activities conducted by local and children, and Indigenous government, only some government’s Peoples, and those without procedural documents are documented. legal title to land, and ensure As per law, a grievance redress mechanism is their participation in established at the local government where consultations. farmers can first raise their concerns with the Establish a grievance village collective or bring their grievances redress mechanism to through the legal system directly. However, the receive and facilitate documentation system is not adequate.. resolution of the affected In line with local government programs, the persons’ concerns. Support needs of vulnerable groups affected by any the social and cultural project can be identified and assessed based institutions of displaced on the (i) Five-Guarantee Households and (ii) persons and their host Minimum Living Guarantee System. In population. practice, local village committee, civil affairs Where involuntary bureau, social security bureau and other resettlement impacts and government agencies pay attention to the risks are highly complex and needs of the poor and vulnerable groups. sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Policy Principle 3: Improve, Land Administration Law [2019] requires that The RP includes or at least restore, the for collective land compensation, the provincial adequate measures livelihoods of all displaced government needs to formulate and publish of: (i) compensation persons through (i) land- district comprehensive land prices for Land based on based resettlement strategies Acquisition, and social security budget should replacement costs; when affected livelihoods are be considered. (ii) relocation of land based where possible or State Council [2004] number 28 states that (1) affected structures; cash compensation at where the project concerned generates profits and (iii) livelihood replacement value for land the people displaced can use the land as restoration. when the loss of land does investment to have a right to share in those not undermine livelihoods, (ii) profits; (2) within a planned urban area, prompt replacement of assets improvement of employment system and social with access to assets of equal security to safeguard AP’s lives. (3) out of a or higher value, (iii) prompt planned urban area, land resettlement, compensation at full employment resettlement, or displacement replacement cost for assets resettlement shall be implemented (4) carry that cannot be restored, and out employment trainings. (iv) additional revenues and Ministry of Land and Resources [2004] 238 services through benefit and relevant provincial policies require that (1) sharing schemes where Agricultural production resettlement; (2) re- possible. employment resettlement; (3) using the land as Policy Principle 4: Provide share of the project; and (4) provision of physically and economically replacement land. displaced persons with Compensation rates for affected assets are needed assistance, including administratively determined through the following: (i) if there is application of prescribed valuation processes. relocation, secured tenure to relocation land, better
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ADB SPS Legal Provisions and Local Practice; and Measures in the RP Differences compared to ADB SPS housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Policy Principle 5: Improve As per legal provisions, poor and vulnerable Identification of the standards of living of the groups are defined as those (i) who fall within vulnerable groups displaced poor and other the five-guarantee households; and (ii) eligible has been made; and vulnerable groups, including for the Minimum Living Guarantee System. the RP includes the women, to at least national The local village/community committee, civil measures for minimum standards. In rural affairs bureau, social security bureau and other vulnerable group. areas provide them with legal agencies pay attention to the needs of the poor and affordable access to land and vulnerable groups: a) Five-Guarantee and resources, and in urban program provide production and living areas provide them with assistance (e.g. food, clothing, fuel, education appropriate income sources and burial expenses to targeted vulnerable and legal and affordable people (the elderly, weak, widowed and access to adequate housing. disabled members who are unable to work and have no means of living, or whose households lack labor a rural production cooperative would); b) Those eligible for the Minimum Living Guarantee System are provided with living subsidy each month; c) Other assistance - urgent cash assistance if the HHs have serious illness in addition to the subsidy paid under rural cooperative medical care system; cash or in-kind assistance for the women headed HHs provided by the women’s federation; priority given by the village committee to be included in the endowment insurance system for the farmers affected by LA. Regulations on the House Demolition and Compensation on State-owned Land (2011) states that : If the residential houses of any individuals are to be demolished and they meet the conditions for affordable housing, the concerned city and county people's governments shall give priority to providing affordable housing to such persons. According to the Regulations to Solve the Housing Difficulties for the Low Income HHs 25
ADB SPS Legal Provisions and Local Practice; and Measures in the RP Differences compared to ADB SPS issued by State Council [GF 2007, No 24], affordable housing and low-rent housing should be provided to the households who have housing difficulties. The demolished HHs can apply for the affordable housing and low- rent housing. Principle 6: Develop Not relevant as the project does not N/A procedures in a transparent, involve land acquisition through this means. consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Policy Principle 7: Ensure Based on the Regulations on the The RP provides that displaced persons Demolition and Compensation of Houses on compensation for without titles to land or any State-owned Land (2011), the illegal houses non-land assets for recognizable legal rights to and temporary structures which were all affected persons land are eligible for constructed after the approval period will not regardless of legal resettlement assistance and be compensated. ownership of land compensation for loss of non- As good practice, (for households who are and will be eligible land assets. not eligible for compensation for houses at for resettlement replacement value) the history or reason why assistance. the structure has no certification/license and their socio-economic conditions and vulnerability will be assessed by the local government and concerned bureaus to determine the necessary assistance that can be provided to them to ensure that they will be able to restore or will not be worse-off. According to the Regulations to Solve the Housing Difficulties for the Low Income HHs issued by State Council [GF 2007, No 24], affordable housing and low-rent housing should be provided to the households who have housing difficulties. The demolished HHs can apply for the affordable housing and low- rent housing. Policy Principle 8: Prepare a Except for large-scale water sector RP has been resettlement plan (RP) projects, there are no specific requirements to prepared for the elaborating on displaced prepare a resettlement plan which is similar to project elaborating persons’ entitlements, the the RP required by ADB. on affected persons’ income and livelihood entitlements, income restoration strategy, and livelihood institutional arrangements, restoration monitoring and reporting measures, framework, budget, and time- institutional bound implementation arrangements, schedule. monitoring and Policy Principle 9: Disclose reporting framework, a draft resettlement plan, budget, and time- including documentation of bound
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ADB SPS Legal Provisions and Local Practice; and Measures in the RP Differences compared to ADB SPS the consultation process in a implementation timely manner, before project schedule. appraisal, in an accessible The RP will be place and a form and disclosed to affected language(s) understandable villages/communities to affected persons and other and affected people. stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. Policy Principle 10: Refer to Article 12 of No. 28 Decree, the The RP includes full Conceive and execute total resettlement cost should be included in costs of LAR, which involuntary resettlement as the total project cost. All compensation and are included in the part of a development project administrative costs are included. overall project cost. or program. Include the full Decree 29 issued in 2006 states land costs of resettlement in the compensation and resettlement should ensure presentation of project’s costs that the living standards and sustainability of and benefits. For a project the livelihood of the land-loss farmers are with significant involuntary ensured; and that vocational training and resettlement impacts, social security programs should be properly consider implementing the implemented for land-loss farmers. Any involuntary resettlement shortfall in the resettlement budget will be component of the project as a provided by the local government. stand-alone operation. Policy Principle 11: Pay Regulations generally require Coordination compensation and provide compensation and other financial forms of mechanism between other resettlement resettlement assistance to be paid before the XPMO and entitlements before physical physical or economic displacement. concerned LAR or economic displacement. Local government is responsible for implementing Implement the resettlement supervising throughout the project agencies have been plan under close supervision implementation period, but only focused on if established in the throughout project the AHs have received the full compensation RP to properly implementation. monitor and supervise LAR activities, ensuring that APs receive their compensation and entitlement before displacement. Policy Principle 12: Monitor Except for large-scale water projects, Coordination and assess resettlement there are no requirements to monitor and mechanism between outcomes, their impacts on evaluate outcomes, including impacts on the XPMO and the standards of living of standards of living of displaced persons. concerned LAR displaced persons, and Local government is responsible for implementing whether the objectives of the supervising throughout the project agencies have been resettlement plan have been implementation period, however, monitoring established in the achieved by taking into reports are not disclosed RP to properly account the baseline monitor and conditions and the results of supervise LAR resettlement monitoring. activities. The Disclose monitoring reports. enhanced information sharing will include the disclosure of 27
ADB SPS Legal Provisions and Local Practice; and Measures in the RP Differences compared to ADB SPS monitoring reports. Monitoring reports will be disclosed in project areas.
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5 ELIGIBILITY AND ENTITLEMENTS
43. The compensation standards for land acquisition and house demolition is established based on an in-depth examination of relevant laws and regulations of PRC, Hubei Province, and ADB’s involuntary resettlement safeguard policy (SPS 2009) and the consultations held with relevant departments and the affected population in Xiangcheng District, Fancheng District and Dongjin New District of Xiangyang City. The following compensation rates have been established and they will be reconfirmed or updated during the RP update. 5.1 Cut-off Date of Eligibility 44. The cut-off date for compensation is the date of the LAR announcement. This is done once the feasibility study report is approved and stipulated in the form of official announcement issued by Xiangyang Natural Resource and Planning Bureau. After the cut-off date, settlement, newly cultivated land, newly built houses and any other trees newly planted and facilities newly set up just for extra compensation on the affected areas shall not be considered as eligible for compensation or subsidies of the project. 5.2 Compensation for Land Acquisition 45. Compensation for the acquisition of collective land in rural areas consists of land compensation, resettlement subsidy, and compensation for young crops and attachments.
5.2.1. Compensation rate for permanent land acquisition
46. Compensation for collective land expropriated under the Project consists of land compensation and resettlement subsidy (excluding compensation for young crops and land attachments) in accordance with the Circular of Hubei Provincial People's Government on Publishing Standards of Comprehensive Land Prices for Land Acquisition in Hubei Province (E.Z.F.[2019]No.22). Classified as Class II, the land acquisition zone of Shijiamiao Community and Sunjiaxiang Village in Panggong subdistrict has a comprehensive land price of 115,500 yuan/mu. Located in Xiangzhou district and classified as Class III, the land acquisition zone of Xiaoying Village (including all villages and groups not included in the built-up area under the urban planning for four towns in Dongjin ) has a comprehensive land compensation price of 48,200yuan/mu. The annual average output value (AAOV), socioeconomic situation of residents, and the location of land are taken into account in the formulation of the comprehensive land compensation price and it will be adjusted every three to five years by the Department of Land Resource of Hubei Province (the new name is Department of Natural Resource of Hubei Province). For example, the compensation standards for land acquisition in Hubei Province has been adjusted in 2019 and increased from 36.2% to 92.5% in the project districts compared with the standards in 2014. As there is no market price for rural collective land in PRC, the comprehensive land price could be treated as the replacement cost of rural collective land and the compensation standard of land acquisition, which is based on the comprehensive land price. It is compliance with ADB’s involuntary resettlement safeguard policy requirements (Table 5-1).
47. According to the Circular on the Release of Resettlement Multipliers of Compensation for Land Acquisition, Correction Factors and Compensation Standards for Young crops (E.T.Z.H[2014]No.242), subsidies for young crops on common cultivated land of Class III and on vegetable plots in Xiangcheng District are 2,200yuan/mu and 2,700 respectively; those for young crops on common cultivated land and vegetable plots in Xiaoying Village, which is located in Dongjin New District and classified into Class III are 1,470 yuan/mu and 1,617 yuan/mu respectively. 29
Table 5-1 Regional Comprehensive Land Acquisition Compensation Rates in Project Area in Xiangyang Citya Affected Comprehensive land price in the Young crop village region where the land is expropriated compensation Clas (yuan/mu) District s Land Common Subtota Resettlemen Vegetabl compensatio cultivate l t subsidy e plots n d land Shijiamiao community II 115500 46200 69300 2200 2700* Xiangchen Sunjiaxian g District g village II 115500 46200 69300 2200 2700*
Dongjin Xiaoying New village III 48200 19280 28920 1470** 1617 District a The land compensation standard has been updated by the provincial government and issued in the end of 2019, the name is Circular of Hubei Provincial People's Government on Publishing Standards of Comprehensive Land Prices for Land Acquisition in Hubei Province (E.Z.F.[2019]No.22). However, the updated compensation standard for young crops has not issued yet and the draft RP will use the standard based on Letter of Hubei Provincial Department of Land and Resources on Publishing the Multiples and Correction Factors of Compensation for Land Acquisition and Resettlement and the Compensation Standard for Young crops (E.T.Z.H[2014]No.242). Notes: 1. Both project sites in Shijiamiao Community and Sunjiaxiang Village in Panggong subdistrict in Xiangcheng District have vegetable plots, and the young crops will be compensated at the rate of 2700 yuan/mu. 2. The project sites in Xiaoying village in Dongjin New District have common cultivated land, and young crops will be compensated at the rate of 1470 yuan/mu. Source: Local resettlement policies of E.Z.F.[2019]No.22 and E.T.Z.H[2014]No.242
48. According to the results of the socioeconomic survey, the average annual net income of agriculture is about 830 yuan/mu. After calculation, the average land compensation fee for the Project is 78,653 yuan/mu, which is about 94 times of the average annual net income of agriculture of AHs. If deposited the land compensation fee in commercial banks, the AH could receive a stable interest income of about 3,146 yuan per year per mu which could offset the actual losses of affected people.⑨
5.2.2 Compensation rate for ground attachments
49. According to the Circular of Xiangyang Municipal People's Government Office on Issuing Guidance Standards for Compensation for the Expropriation of Attachments on Collectively Owned Land in Xiangyang City(X.Z.B.F.[2018] No. 41):
(1) For Common trees (such as poplar, elm, and other trees)
50. With a diameter at breast height (DBH) of 3-5cm, the compensation for land area is 4,000 yuan/mu at highest; with a DBH of 6-10cm, the compensation is 20-50 yuan/tree and is 5,000 yuan/mu at highest, if calculated by land area; for those with a DBH of 11-20, the compensation is 60-120 yuan/tree and is 7,000 yuan/mu at highest, if calculated by land area. 51. Trees in Sunjiaxiang Village under the influence of the Project, with a DBH of 6-10cm, are compensated at the price of 30 yuan/tree.
⑨ The rate is set as 4% according to the market quotations of commercial bank's financing products.
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(2) Motor-pumped wells
52. For the wells that are not used for a long time, the compensation is 3000-5000yuan. The pump room is compensated according to the compensation standard for house demolition. The draft RP will use 4000yuan per well, and house demolition compensation rate for Brick-concrete class D which is 636yuan/m2 for the calculation of resettlement budget. The final compensation shall be subject to the actual evaluation during the implementation period.
(3) Greenhouse
53. The affected green house is a single layer of bamboo and wood structure and compensation standard is 10yuan/m2.
5.2.3 Land acquisition tax and other management fees
54. The relevant taxes and fees for cultivated land include cultivated land occupation tax, cost of paid use of newly added construction land⑩ and cultivated land reclamation fee. According to the Decision of the Standing Committee of the People's Congress of Hubei Province on the Specific Applicable Tax Standard of the Land Occupation Tax (implemented as of September 1, 2019), the Notice of the People's Bank of China on Adjusting the Policy of the Paid Use Fee of the Newly Added Construction Land by the Ministry of Land and Resources of the Ministry of Finance (C.Z. [2006] No. 48), and Clause 1 of Article 4 of E.Z.F [1999] No. 52 and C.S. [2014] No. 7, the standards for relevant land acquisition taxes and other management fees as Stipulated by Hubei Provincial People’s Government detailed in Table 5-2.
Table 5-2 Land Acquisition Tax Standard of Xiangyang City Item Unit Standard Cultivated land occupation tax yuan/m2 Fancheng District: 35 Xiangzhou District: 30 Cost of paid use of newly added yuan/m2 88.35 construction land Cultivated land reclamation cost yuan/m2 Exemption (exemption for the elderly care projects) Land acquisition service cost 2% of land compensation and resettlement subsidy Land acquisition management 3.6% of land compensation and resettlement cost subsidy Source: XPMO 2019.
55. According to the Measures of Xiangyang for Inclusion of the Land-expropriated Farmers into Basic Endowment Insurance System (X.Z.F.[2014]No.28), when per capita cultivated land area of an affected household is less than 0.3 mu after land acquisition, the affected person (above 16 years) need to be included in the social security system to ensure that the basic living standards of the affected people are improved and their long-term livelihood is guaranteed.
⑩ The cost of paid use of newly added construction land refers to land use fees paid to the state and provincial government by county/city government. It has nothing to do with the affected people. 31
56. The one-time endowment insurance compensation to pay the endowment insurance account of the eligible affected people will be included in the resettlement budget. The compensation standard for endowment insurance shall be not less than 3 times of the annual per capita net income of the city's rural residents in the year before land acquisition. For those above 60 years old (including 60 years old) at the time of land acquisition, full compensation shall be given according to the compensation standard of one time endowment insurance; for those below 60 years old (59-16 years old) at the time of land acquisition, the compensation standard shall be reduced by 1% of the full compensation for each year of age reduction 11 . As the work on confirming the qualifications of endowment insurance for the project affected people and detailed measurement survey have not yet started, the endowment insurance standard for the land- expropriated farmers in Xiangyang City is calculated at 32000 yuan/person, and the land acquisition unit rate shall be included in the general budget of resettlement. In the draft RP 32000 yuan/person is used as the average compensation, and will be confirmed and reflected in updated RP after the DMS.
5.3 Compensation rate for house demolition 57. The Project house demolition of EC 1 facility and HC 1 facility will affect 6 households with a house area of 2,170 m2 in Hengzhuang Community in Wangzhai Subdistrict, Fancheng District. According to the Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Pbulic Security Housing Functional Area (Hengzhuang area) (November 2015), two options will be provided to affected households (AHs) to be relocated in Hengzhuang community: (i) one-off cash compensation, based on the replacement price of the house structure and attached facilities or (ii) combination of cash compensation and offering of resettlement houses.
5.3.1 One-off cash compensation
58. Affected households opting for cash compensation shall waive the right of choosing resettlement housing. Their houses and ancillary facilities will be settled in cash at compensation price and they will find their own houses to resettle. The property value of affected houses will be assessed by real estate assessment institutions with corresponding qualifications according to relevant house assessment methods based on their market value. One-off cash compensation will be paid to the AH. The compensation amount will be determined by the findings of the evaluation of building area, structure and class of the households to be compensated. If there is any objection to the house value determined in the appraisal, an AH may apply to the real estate price appraisal institution for reexamination and appraisal; if there is any objections to the result of the reexamination, the applicant may apply to the real estate price appraisal expert committee for appraisal.
59. The calculation formula is: House compensation price=housing area × (house replacement price × newness rate). According to Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Pbulic Security Housing Functional Area (Hengzhuang area)) (November 2015), the reference compensation rates of different housing structures of different classes based on the replacement prices are listed in table 5-3.
11 For example, the AP is 45 years old at the time of land acquisition and the annual per capita net income of the city's rural residents in the year before land acquisition is CNY 17875, the compensation standard of one time endowment insurance is three times of CNY 17875, which is CNY 53,625. The AP is 15 years to 60 years old and could have compensation of endowment insurance, which is calculated as (1-15%)*CNY 53625= CNY 45,581.
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Table 5-3 Reference compensation rates on rural residential houses demolition in Fancheng District (yuan/m2) The compensation rate for The compensation rate for one-off cash rural house demolition with Structure Class compensation option or urban house homestead resettlement on demolition offering resettlement houses collective land Frame 938 1243
A 583 885
B 520 791 Brick- concrete C 465 708
D 415 636
A 524 797
B 416 633 Brick-wood C 331 504
D 264 402 Source: Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Public Security Housing Functional Area (Hengzhuang area) (November 2015).
60. The majority of households in other plots of Hengzhuang Public Security Housing project (the “HPSH project”) of Xiangyang City have signed house demolition compensation agreements and moved into the resettlement housing according to the subprojects construction schedules and not anticipation of the ADB project. This ADB project in plot F of HPSH was just confirmed by the end of 2019 by Natural Resource Bureau of Xiangyang and the house demolition had by then not started. As the affected house evaluation of the six affected houses of this ADB project has not started, according to the current compensation practices in the project area, the affected houses of the Project is estimated to be assessed as Class B of brick-concrete structure and the compensation rate is 791yuan/m2. XPMO has committed that they will not consider the house depreciation (depreciation rate) during house demolition evaluation for this project.
61. The replacement price of rural houses in Xiangyang city in 2019 are shown in Table 5-4. It can be seen by comparison that the compensation rate of this project is equivalent to the corresponding replacement price in 2019.
Table 5-4 Replacement Price Calculation for Rural Brick-concrete Buildings in Xiangyang (yuan/m2) Brick-concrete structured houses (not decorated) NO. Item Unit Remarks Usage per Price Cost unit (Yuan/unit) (Yuan) Main I construction 636.8 materials 1 Cement Ton 0.04 420 16.8 33
Brick-concrete structured houses (not decorated) NO. Item Unit Remarks Usage per Price Cost unit (Yuan/unit) (Yuan) 2 Sand Ton 0.2 280 56 3 Gravel Ton 0.6 120 72 4 Steel Ton 0.02 4200 84 5 Wood m3 8 30 240 6 Red brick Buck 170 0.4 68 7 Precast slab m² 1 100 100 Telephone/Wi II re/Ammeter/ m² 1 50 50 etc. 15%* III Labor 103 (I+II) IV Total 790 Source: Market survey conducted by the assessment company in 2019.
62. The compensation for buildings to be demolished shall be evaluated according to their decoration conditions, and the compensation shall be the total price of the final evaluation. As the evaluation has not yet been carried out, the average price of the project is calculated as 300 yuan / m2 according to the total evaluation price of similar houses in recent time. In the calculation of the budget of this resettlement plan, a price of 300 yuan / m2 is used to calculate the decoration compensation. The actual compensation for house demolition and decoration shall be subject to the evaluation price at the time of implementation.
63. The compensation for ancillary facilities are evaluated by real estate assessment institutions in participation with their affected houses. All sorts of compensation fees will be paid in one time to the AHs who opt cash compensation. Meanwhile, these AHs will receive temporary subsidies, which are shown in table 5-5.
5.3.2 Combination of cash compensation and offering with resettlement houses
64. According to the Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Pbulic Security Housing Functional Area (Hengzhuang area)) (November 2015), the specific resettlement measures for whom opt combination of cash compensation and offering with resettlement houses mode are summarized as follows:
65. Distribution quotas of Resettlement Houses. All eligible APs affected by HD will obtain resettlement house quotas on basis of the standards such as 33 m2 residential houses per capita and the resettlement housing for the same AH shall not exceed 300 m2.. If the AH is a one-child family, they could have additional 33 m2 resettlement house quota and if the AH has adult children but not married, they also eligible to enjoy additional 33 m2 resettlement house quota. The resettlement houses will be owned by the AHs and has full property rights as same as the urban commercial housing which could be traded on the market.
66. For the AHs who have the same affected house area as the resettlement house, they will not need to pay for the resettlement house.
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67. For the AHs whose affected house area is greater than the resettlement housing area, the remaining area after offsetting against the resettlement housing area will be compensated at the price appraised by the real estate appraisal agency which is the same rate as in the option of one- off cash compensation.
68. If the affect house area of the AH is less than the resettlement housing area, the AH will need to settle the value difference between their original houses and resettlement houses. The cost for extra resettlement house area will be paid in accordance to the construction price (cost price) of resettlement house, which is 3,500yuan/m2.
69. If the AH to be compensated and resettled choose a resettlement housing area greater than the stipulated resettlement housing area, the exceeding part within 10m2 (including 10m2) shall be purchased by the AH according to the construction price of resettlement house which is 3,500yuan/m2. If the exceeding part beyond 10 m2 and within 20m2 (including 20m2), the AH will need to purchase the extra area at the preferential market price which is 4,500 yuan/m2. If the exceeding part is beyond 20 m2 and within 30m2 (including 30 m2), the AH will need to purchase the extra area at the market price which is 5,200 yuan/m2. The total extra area shall not be more than 30 m2 in principle.
70. Standards on resettlement housing. The resettlement housings are included in the Hengzhuang Public Security Housing project. The resettlement housing shall meet the national technical specifications. The entry door shall be fire and security-proof door; windows shall be installed in place; all floors and walls indoor shall be flat; water and electricity, cable TV, broadband and natural gas shall be provided to households according to their choice. The application for installation and opening and relevant other costs shall be borne by households themselves. Generally, there are five types of resettlement housing layout including 92 m2 with two bedrooms, 100 m2 with two bedrooms, 120 m2 with three bedrooms, 135 m2 with three bedrooms and 140 m2 with three bedrooms.
5.3.3 Other subsidies and allowances
71. Other subsidies and allowances for house demolition include transition subsidy, moving subsidy, subsidy for loss of working time and on-schedule demolition rewards. Please find details in table 5-5.
Table 5-5 Other subsidies and allowances of house demolition Item Compensation Remark rate
Transition 120 Yuan/month The transition period is temporarily stipulated as 12 subsidy months. If the transition period extends for the land /person users and local government’s reasons, additional transition subsidies shall be paid. A sum of transition subsidy which is 1.5, 2, 2.5 and 3 times of the above standards shall be paid respectively from the seventh month, thirteen month and two years overdue, until the delivery of the resettlement housing. 35
Item Compensation Remark rate
Moving subsidy 120 For households opting for one-off cash yuan/person/time compensation, the relocation subsidy shall be paid at the price of 120 yuan/person based on the number of APs in the AH; for those choosing resettlement housing, such subsidy shall double as secondary relocation is required.
Subsidy for loss 900 yuan/labor Calculation method: 60 yuan × 15 days × number of of working time family labors = total subsidy for loss of working time
On-schedule 1000 to 2000 For AHs to clear and hand over the house within the demolition yuan/household period stated in house demolition compensation rewards agreement, will recive the rewards for doing that in time. The AHs shall choose the settlement housing by the sequence of signing compensation and resettlement agreement.
Source: the Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Pbulic Security Housing Functional Area (Hengzhuang area)) (November 2015)
BOX 1: A case of the resettlement scheme which combines cash compensation and other payments from another project where the same policy applies.
The basic information of the case: The affected household belonged to Group 9 of Hengzhuang community with the total population of 7 persons. After evaluation by assessment agency, the total affected house area is 304.68 m2 (part A), and the entitled resettlement housing area is 231 m2 (part B). The AH chose option two - resettlement housing apartments with total area of 240 m2 (part C). The AH could receive the following compensation after evaluation and calculation with total amount of 374,987 yuan:
(i) Cash compensation for the part A: the replacement cost of the total original housing area. After evaluation, the replacement cost is 635 yuan/m2 and the total compensation for part A is 193,472yuan = 304.68 m2* 635 yuan/m2.
(ii) Compensation for ancillary facilities which is 48020 yuan after evaluation by assessment agency.
(iii) Compensation for decoration, which is 115428 yuan.
(iv)Moving subsidy: 1680 yuan=120 yuan *2*7 persons.
(v)Subsidy for loss of working time: 6300 yuan=900 yuan*7 persons.
(vi)Transition subsidy: 10080 yuan = 120 yuan * 12 months*7 persons
Meanwhile, in order to purchase resettlement housing, the AH and land user has to pay for the following fees:
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(i)The cost for entitled resettlement housing (part B) will be paid in cost price which is 3500 yuan/m2, among them the AH only needs to pay for 635 yuan /m2, the remaining difference will be paid by the government which is 2865 yuan/m2. The cash compensation for part B by AH which is 146685 yuan will be offset from that of part A. The remaining difference which is 661,815 yuan will be paid by the government to the construction unit directly and included in the resettlement budget.
(ii)The cost for exceeding area between entitled housing area (part B) and (part C). The difference of part B and part C is 9 m2, which means the AH need to pay for the cost for purchsing additional 9 m2 of resettlement housing in cost price (3500 yuan/m2). It is calculated that the total cost of the additional 9 m2 resettlement housing is 31500 yuan.
Above all, the AH could have 2 apartments with total area of 240 m2 and cash compensation which is totally 228302 yuan (374987 yuan- 661815 yuan) which is enough for the AH pay for the cost of additional resettlement hosing area which is 31500 yuan. The market price of resettlement housing is 5200yuan/m2, which is much higher than the original affected houses. 37
Please find the copy of a case of house demolition compensation agreement which was signed in Feb 2nd ,2018 below.
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5.4 Vulnerable groups 72. Except for the aforesaid compensation policy on land acquisition, vulnerable groups can enjoy a series of other preferential policies. The vulnerable groups were not found during RP preparation. If vulnerable groups affected by the project are found during the detailed design survey (DMS) and implementation, they will enjoy a series of other preferential policies, such as assistance during relocation, priority offer jobs, etc. has been included in section 6.3. For extremely poor AHs whose compensation amount is less than the price of the smallest resettlement house, they can get the smallest resettlement housing for free after certified and publicized by the village committee, confirmed by the Civil Affairs Department, and approved by the Fancheng District People's Government of Xiangyang City.
5.5 Entitlement Matrix 73. The entitlement matrix has been established in accordance with the applicable policies for the Project (Table 5-6).
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Table 5-6 Entitlement Matrix Affected Impacts Affected persons Compensation and Compensation rates type Resettlement Policies Permanent 88.35 mu of 65 households 1) Compensation Land compensation and resettlement subsidy: land collective with 307 people in for land, Affected Comprehensive Young crop acquisition land 2 districts and 3 resettlement village land price in compensation villages/community subsidy based the region District Class Common on where the land Vegetable cultivated compensation is expropriated plots land standards. (yuan/mu) 100% of Shijiamiao 115500 community III 2200 2700* resettlement Xiangcheng subsidies will Sunjiaxiang 115500 paid to the APs, District village III 2200 2700* 10% to 30%a of land Dongjin Xiaoying 48200 compensation New village III 1470** 1617 fees will be kept District in the village collective for Subsidies for young cropyoung crops: the subsidies for young crop young used for the crops on common cultivated land of Class III and on vegetable plots in public affairs of Xiangcheng District are 2,200 yuan/mu and 2,700 yuan/mu respectively; those village for young crops on common cultivated land and vegetable plots in Xiaoying collective, such Villagee, which is located in Xiangzhou District and classified into Class III as greening, (including all villages and groups not included in the built-up area under the urban road planning for four towns in Dongjin) are 1,470 yuan/mu and 1,617 yuan/mu reconstruction respectively. and sanitation facilities purchasing etc, which should be implemented after confirmed and agreed by 2/3 of villager representatives’
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Affected Impacts Affected persons Compensation and Compensation rates type Resettlement Policies congress during implementation.
2) Compensation for standing crops at replacement cost.
3) Priority access to APs on employment opportunities;
4) Occupational training and employment information to APs free of charge.
House 2170 m2 6 hosueholds with 1) Two One-off cash compensation: The property value of the affected houses will be demolition 49 people in resettlement options: assessed by real estate assessment institutions with corresponding Hengzhuang One-off cash qualifications according to relevant house assessment methods. The Community compensation; compensation amount will be determined by results of evaluation based on Combination of cash building area, structure and class of the households to be compensated and compensation and resettled. As the affected house evaluation has not started, according to the offering with current compensation practices in the project area, the affected houses of the resettlement houses Project is estimated to be assessed as Class B of brick-concrete structure and 2) provide the compensation rate is 791yuan/m2. See details in section 5.3.1. compensation on Resettlement houses: All eligible APs affected by HD will obtain resettlement basis of replacement house quotas, on basis of the standards such as 33 m2 residential houses per value capita and the resettlement housing for the same AH shall not exceed 300 m2 in 3) provide moving maximum. See details in section 5.3.2. subsidy, living Other subsidies and allowances: For house demolition AHs including 41
Affected Impacts Affected persons Compensation and Compensation rates type Resettlement Policies allowance, transition transition subsidy, moving subsidy, subsidy for loss of working time and on- subsidy and On- schedule demolition rewards. See details in section 5.3.3 and table 5-5. schedule demolition rewards 4) multiple resettlement housing communities are provided to AHs for their voluntary selection Ground 280 trees, Proprietors Ground attachments Motor-pump well: for the wells that are not used for a long time, the compensation attachment one motor- will be compensated for the wells is RMB 3000-5000 per well. The pump room is compensated pump well for as stipulated. according to the compensation standard for house demolition. and Trees: in the project-affected area is estimated 30 yuan/plant. greenhouse Green house: single layer of bamboo and wood structure and compensation standard is RMB 10/m2 a 100% of resettlement subsidies will be distributed to APs and the distribution scheme of land compensation fee will be determined by villager representatives’ congress and agreed by at least 2/3rd of the participants. As the project land acquisition has not beenimplemented, according to the practices of current land acquisition in the affected village (informed by APs and village leaders during the RP preparation) for other projects, in Sunjiamiao Village, 90% of land compensation fee will be distributed to aff ected people and 10% will be kept by the village collective and used for the public affairs of village collective; in Shijiamiao Community and Xiaoying Village, 70% of land compensation fee will be distributed to affected people and another 30% will be kept by village collective with the same use as Sunjiamiao Vilalge.For this project, they will continue to use the scheme as before. Any changes to the distribution schemes during implementation will be updated and reflected in the updated RP.
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6 INCOME RESTORATION AND RESETTLEMENT MEASURES
74. This project will affect 71 households with 356 persons in four villages in Xiangcheng District, Fancheng District and Dongjin New District, of which 6 households with 49 persons in Hengzhuang community will be significantly impacted because of the demolition of their residences. The income losses of 65 affected households have been assessed to be insignificant, with less than 1% of their household incomes affected.
75. During the preparation of the feasibility study, the project has minimized its land acquisition and resettlement impacts through optimization of designs, scales and sites selections, to reduce the negative impacts on local residents’ production and living.
76. According to the results of the socioeconomic survey of APs conducted among 29 AHs in 4 villages/communities, all the AHs affected by land acquisition asked for cash compensation for their land losses and all the AHs affected by house demolition prefer to choose the resettlement option of combination of cash compensation and offering with resettlement houses. During the survey, all the affected households welcomed this project, because they thought that it would improve local retirement living conditions and medical service conditions, and would provide better ECS facilities to villagers, especially to the elderly. Through consultations with the affected village/community committees and AHs during the socioeconomic survey, income restoration programs and house resettlement scheme have been developed based on degree of losses, resource availability, and APs’ expectations.
6.1 Restoration Measures against the LA 77. Land acquisition under the Project involves Shijiamiao Community and Sunjiaxiang Village in Panggong sub-district of Xiangcheng District, and Xiaoying Village in Dongjin New District of Xiangyang City. A total of 88.35 mu collective land iwill be acquired, including 50.55 mu cultivated land and 37.8 mu vegetable plots. There are altogether 6222.98 mu cultivated land in the three affected villages/community, with cultivated land acquired under the project accounting for 1.42%, among which the land expropriated in Shijiamiao Community, Xiaoying Village and Sunjiaxiang Village taking up 3.91%, 1.10% and 1.94% respectively. The average LA area per household is 1.36 mu, the average annual income loss per household is 1128 yuan which is account for 0.95% of the total income of AHs. 43
Table 6-1 Average land and income losses of APs LA impact Land loss rate of Estimated annual income loss(yuan) Before LA village level Affected village/com Percentage Land area munity Land area Land area Percent of Land loss Annual loss Average loss to per AH HH Person AH AP LA area per HH after (mu) per HH (mu) HHs (%) rate (%) at village per AH total income LA (mu) (%) Shijiamiao 403 1690 322.98 0.80 18 72 12.62 0.77 4.47 3.91 10475 582 0.55 Community
Xiaoying 587 1600 4600 7.84 32 178 50.55 7.75 5.45 1.10 41957 1311 0.98 Village
Sunjiaxiang 583 1620 1300 2.23 15 57 25.18 2.19 2.57 1.94 20899 1393 1.43 Village
Total 1573 4910 6222.98 3.96 65 307 88.35 1.36 4.13 1.42 73331 1128 0.95
Source: project impact survey and socioeconomic survey. Note: the average income of farmland is estimated at 830 yuan/mu annually and the average annual income per AH is 105.1 thousands yuan, 133.9 thousands yuan and 97.6 thousands yuan in Shijiamiao Community, Xiaoying village and Sunjiaxiang village separately.
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78. With the urbanization processes of the Xiangyang City, many municipal infrastructure and public service projects have been carried out in the project area, such as roads construction project, public security housing project and shanty town renovation,. For these projects extensive land areas have been acquired. For example, Shijiamiao Community in Panggong subdistrict (named Shijiamiao village before), after LAR by projects of the local government year by year, some of the villagers has lost all their land and transferred to urban areas and live in resettlement buildings. As to now, 15% of the population in the affected group named Group one of this Project has already lost all their land and become urban residents because of the land acquisition for other projects in nearby places such as the Xingguang Avenue and Xiangyang Avenue construction project which are financed by the World Bank. Therefore, the cultivable land is scarce. As a result, people plant vegetables for their own consumption and the surplus, if any, are sold in the market. The average affected land area of Shijiamiao is 0.7 mu/HH and it accounts for 87% of their total land area before LA. For Sunjiaxiang village, the average affected land area is 1.68 mu/HH accounting for 75% of their total land area before LA. Both have high land loss rate. The land loss rate of Xiaoying village in Dongjin New District is comparably low which is 20%. However, agricultural income accounts for a very small proportion of the household income and the percentage of average annual income loss to the total annual income of a AH caused by the Project is 0.95% and as a result, LA barely affect their livelihoods.
79. Most of young workers choose to work in cities such as Xiangyang or its vicinity. They do not farm land anymore. The middle-aged labors (50 years old) still do some farm works in the mode as part-time job. Most of their incomes come from small business or wage labor at factories nearby.
80. The APs will receive LA compensation according to the compensation allocation scheme, which should be consulted, discussed and approved by the affected villagers' representative congress. According to the practices and socioeconomic survey conducted during the draft RP preparation, the compensation allocation scheme in project affect villages/community are as follows:
• In Sunjiamiao Village, 100% of resettlement subsidies and young crop compensation of LA will be allocated to the affected people in full. For land compensation, 90% will be distributed to affected people and another 10% will be kept by the village collective and used for the public affairs of village collective, such as greening, road reconstruction and sanitation facilities purchasing etc.
• In Shijiamiao Community and Xiaoying Village, 100% resettlement subsidies and young crop compensation of LA will be allocated to the affected people in full. For the land compensation, 70% will be paid to affected people and the remaining 30% will be kept by the village collective for the development of collective economy and granting to all of the villagers who reach the retirement age (above 60 years old) the standard of 200 yuan per month.
81. The resettlement measures for permanent land acquisition are as follows:
82. Monetary compensation. According to the results of socioeconomic survey, the average annual net income from agriculture is 830 yuan/mu. The average land compensation fee for the Project is 70,338 yuan/mu, which is more than 50 times of the average annual net income of agriculture of AHs. 45
83. Vocational training. All labor forces will be covered by the vocational training plan of Xiangyang City. Males above 16 and below 50 years old and females above 16 and below 45 years old at the time of land acquisition are provided with the opportunities of receiving one free vocational training and skill evaluation, two vocational counseling and three work recommendations. The training programs will be conducted by the Xiangyang City Human Resources and Social Security Bureau (HRSSB) and supervised by district HRSSB and sub- district offices.
84. Job opportunities. The project would create 892 jobs during the project construction stage, and 976 new jobs during the project operation period. Each IA will recommend to the contractors the priority employment of the APs affected by the land acquisition.
85. In the stages of operation and maintenance of the project, at least 20 permanent jobs will be generated and give priority to APs according to their needs. The district HRSSB and sub- district offices will collect employment information and distribute it in the affected villages/community, so that APs could choose suitable jobs themselves. During employment, employers will enter labor contracts with employees, offer necessary safety and pre-job training, and grant pays
86. Social security. Affected persons of a household per capita cultivated land area of less than 0.3 mu (including 0.3 mu) after land acquisition, the affected person above 16 years old need to be included in the social security system to ensure that the basic living standards of the affected people are improved and their long-term livelihoods are guaranteed.
87. According to the Measures of Xiangyang for Inclusion of the Land-expropriated Farmers into Basic Endowment Insurance System (X.Z.F.[2014] No.28), when the per capita cultivated land area of the affected household is less than 0.3 mu (including 0.3 mu) after land acquisition, the affected person above 16 years old need to be included in the social security system to ensure that the basic living standards of the affected people are improved and their long-term livelihood is guaranteed.The number of HHs eligible will be determined during the RP update.
6.2 Resettlement of Residential HD 88. The Project house demolition of Zhumeng Hengzhuang EC 1 and HC1 will affect 6 households with a house area of 2,170 m2 in Hengzhuang Community in Wangzhai Subdistrict, Fancheng District. The Project site is located in plot F of the Hengzhuang Public Security Housing project (the “HPSH project”) of Xiangyang City. The land acquisition and house demolition of the HPSH project have been started since 2012 and 2015 separately by the local government and there are totally 9 plots in the project area, including residential buildings which called Zhumeng Heng Manor, and supporting facilities such as schools, shopping malls, farmers' supermarkets, hospitals, community office buildings, etc. Land acquisition of 610 mu collective land in the HPSH project (which belonged Hengzhuang community before) was completed in 2013 The acquired area was 38.6 mu of the land in plot F. Please refer to the due diligence of LAR in the plot F). As of now, resettlement housing construction at plot A and plot B have been completed, and plot C is under construction and is expected to be completed by June 2020. The Compensation and Resettlement Plan for Collective Land and Ground Attachments in Xiangyang Pbulic Security Housing Functional Area (Hengzhuang area)) (November 2015) is adopted as the compensation standards for house demolition of all projects in this area, including the Project.
89.
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6.2.1 Profiles of resettlement housing
90. Multiple resettlement housing communities will be provided to AHs for them to select. AHs of the Project have three resettlement housing communities to choose from including plot B (construction has been completed), plot C (scheduled to be completed in June 2020) of Zhumeng Heng Manor in Hengzhuang community and Xinyue City Phase I.12 The AHs of this project could choose resettlement housing apartments in any of the resettlement community from three options above. It has been confirmed by the district government and XPMO that all the three resettlement housing schemes have vacant units that can accommodate the 6 AHs. During house demolition implementation, the AHs will be consulted for their choices and to confirm their preference and will be included in the compensation agreement. Please find the location map of the project site and resettlement housing communities in figure 6-1.
Figure 6-1 ：Planning Graph of Zhumeng Heng Manor resettlement housing community
91. The profiles and construction progress of resettlement housing in the resettlement housing communities are as follows:
12 The resettlement communities are very near to the original site and located in the same village community. These resettlement communities were not built specific for the 6 affected households, but for the resettlement of affected persons of all of the projects in the district and even Xiangyang city. Consultations about the site selection with the resettlement communities have been conducted by local government since 2012 during HPSH project preparation, the residents has expressed their willingness to relocate near their original house and live with other villagers together. 47
92. Zhumeng Heng Manor is the biggest public security housing community in Xiangyang city with mostly completed infrastructure and functional facilities. Xiangyang Housing Investment Company in HPSH project developed the resettlement community area. This resettlement community covers an area of 610 mu and has a total building area of 0.967 million m2 in nine plots from plot A to plot I, to construct 8,372 units of resettlement housing. Its supporting facilities include school, kindergarten, neighborhood center, cultural recreation facilities, a shopping mall, a post office, a farmer's supermarket, a community medical center, a community office and property management service and bus bay stop. The community can accommodate 30,000 relocated persons and creates a "8-minute living area" 13for the residents. The construction in plot A and plot B was completed before August 2018, about 2,429 units of resettlement housing have been delivered to relocated persons; the construction of plot I has been completed and 1,536 units of resettlement housing are about to be delivered to relocated persons; plot G is under construction with 686 units (77,000 m2) of resettlement housing and is scheduled to be completed by the end of 2020 and will be delivered for occupation in early 2021.
Figure 6-2 ：Planning Graph of Zhumeng Heng Manor resettlement housing community 93. The Xinyue City Phase I Resettlement Housing community is developed by Xiangyang Investment & Real Estate Co.,Ltd. and it includes Fancheng District Shantytown Reconstruction Project. The community is located in the north of Qilihe west road, Fancheng City, east of liaojiazhuang Road, south of Hengzhuang Second Road and West of Guihua Road, about 800 meters from Zhumeng Heng Manor. This resettlement community covers an area of 81 mu and has a total building area of 182,960 m2 including 129946 m2 of resettlement housing and 5,414 ㎡ of public rental housing and 200 m2 of public toilets. Its supporting facilities include school, kindergarten, a neighborhood center, cultural recreation facilities, a shopping mall, post office, a farmer's supermarket, a community medical center, a community office and a property management service. The community also has a total underground building area of 47,400 m2 and provides 1,354 parking spaces. The community could totally accommodate 1,242 households.
13 It refers to a kind of services for daily life of residents will be provided inside the community within eight minutes’ walk including repairing, deliver and distribution, shopping, small supermarket, housekeeping, etc.
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Figure 6-3 Planning Graph of Xinyue City Phase I resettlement housing community
6.2.2 Comparison before and after relocation
94. Moving from the previous rural residential houses to urban resettlement housing community, the project-affected residents will experience four changes in their living conditions:
95. The value of resettlement houses is higher than that of original rural houses. The resettlement housings have fully property right and AHs could have the real estate certificate of the houses on state owned land as same as the urban commercial housing which could be traded on the market. The replacement cost of affected house structure is about CNY 791/m2 and totally about CNY 1091/m2 with decoration compensation. According to the compensation policy, the cost price of resettlement housing is CNY 3,500/m2 and the market price is about CNY 5,200/m2.
96. Living area will be guaranteed. According to the resettlement measures for the resettlement policy, a resettlement area of 33 m2 per person will be provided to the AHs, though it is stipulated that the house exchange area for the same homestead shall not exceed 300 m2. If the original space exceed resettlement space, the extra area will be compensated with cash.
97. Considerations of AHs have been included in project design and site selection. Before the selection and construction of resettlement housing communities, all affected HHs had been consulted and involved in many rounds in the design and planning process, including the location selection, structures of different apartment types, affiliated facilities, green space, leisure space, and commercial space. The planning and design were satisfactory/acceptable to residents after several rounds of revisions and improvements. At the beginning, there were only plot B and plot G two resettlement communities in Zhumeng Heng Manor for AHs to choose. As plot G will be completed in 2021, another option of resettlement housing community, Xinyue City Phase I 49
resettlement housing community will become available for Ahs, and is expected to be completed in 2020 after consultation and determined in a meeting of mayors.
98. The quality of house and living environment will be improved. Both Zhumeng Heng Manor and Xinyue City Phase I resettlement housing communities are constructed in compliance with the standards on urban function zone. Such communities have supporting facilities including a shopping mall, a farmer's supermarket, a community medical center, a recreation center, a community office building, a property management service building, a kindergarten, a school for nine-year compulsory education and a bus stop. In future, the buses will be arranged to enter the communities to make the residents' life more comfortable.
99. The buildings in the resettlement housing community are built in accordance with the ‘green building standards’ which adopt a large number of environmental protection technologies such as the adoption of new thermal insulating materials for all main structures of the exterior wall, installation of hollow glass as a way of energy saving, construction of rainwater garden and permeable ground and the introduction of rainwater management system for sponge city. Architectural quality is guaranteed. With a reasonable functional design and the adoption of centralized treatment for sewage and solid waste, connecting to natural gas network, the sanitation conditions are greatly improved compared with the relatively rural residential areas in the past.
6.3 Protection of women's rights and interests 100. The project is expected to improve welfare of the aging society in Xiangyang through increased utilization of elderly care services. The project will bring direct impacts to beneficiaries by: (i) improved public health facilities for the elders by integrating EC service with medical facilities and better treatment; (ii) improved social-inclusive EC services in both quantity and quality provided to the elders; (iii) releasing family caregivers to take other work which might improve their incomes, especially in case of women who are still playing a major roles in family caregiving; (iv) providing skilled human resources or recruiting qualified caregivers to provide three-tier elderly care services especially for women; (v) generating pro-poor employment opportunities.
101. According to the survey, women supported the project and thought that the project would improve local EC service level and remove their worries about their own old age. The project will also release their family caregivers to take other work, which might help improve their incomes. The land acquisition will free the women from farm works. They will not only receive a compensation fund, but also be provided with project work opportunities and vocational trainings on preferential basis.
102. During the project implementation period, 10% of labor work will be given to the females; during project operation period, 67% of the jobs are firstly made available to women. At least 40% female representatives will participate in stakeholder consultation for EC service designs and socially-inclusive and gender-sensitive elderly care sector development.
103. In addition to the land acquisition compensation policy, the women will also be supported by special assistance policies such as:
• Affected women can access relevant project information and participate in consultations and resettlement works during the resettlement process.
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• During the implementation of resettlement plan, special women communication conferences were held to introduce relevant resettlement policies to improve their awareness of resettlement policies.
104. No vulnerable group has been identified during resettlement planning. Any vulnerable group identified during RP updating and implementation will be subject to the following measures.
• Labor assistance will be provided to affected vulnerable groups by local village collectives in relocating or on priority basis in the selection of resettlement housing. • Labor population from vulnerable affected households will be given priority in offering of job opportunities during the project implementation period in order to improve their economic income.
105. Priority will be given to them in choosing resettlement housing. Especially considering disabled or weak house, they will be offered with houses in the first or lower floors, for the living convenience.
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7. RESETTLEMENT ORGANIZATION
7.1 Organization structure 106. The executing agency (EA) of the Xiangyang Hubei Elderly Care Service Development Project ("the Project") is Xiangyang Municipal Government (XMG). Xiangyang project management office (XPMO) has been set up on behalf of XMG and is responsible for the overall management and coordination of the RP preparation and implementation. XPMO has experiences in the preparation, implementation, and management of projects funded by international financial institutions. The project leading group, chaired by the vice mayor of the XMG, has also been set up to provide overall guidance and facilitate cross-sectoral coordination. The Hanjiang State-Owned Capital Investment Group Co., Ltd. (HJGT) is the project implementing agency (IA). HJGT project management office (HPMO) has been established within HJGT.
107. Main organizations related to the Project and LAR are as follows:
• Xiangyang Project Leading Group (XPLG) • Xiangyang project management office (XPMO) • Hanjiang State-Owned Capital Investment Group Co., Ltd. (HJGT), the IA • Natural Resources Bureau of Xiangyang City • House Demolition Office and Natural Resource Bureau of affected District • Affected sub-district offices • Affected village/committees • External resettlement monitoring agency XPLG
XPMO
HJGT
External resettlement monitoring agency
Natural Resource Bureau District House Demolition Offices
Affected villages/communities of Affected villages/communities of LA LA
Affected household Affected households by by HDs LA
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Figure-1 Organization structure 7.2 Organization responsibilities • Xiangyang Project Leading Group
108. The XPLG will make overall arrangements and decisions, leading the implementation of the project, and coordinating major issues.
• Xiangyang project management office
(i) Appointing a resettlement consulting agency to conduct resettlement planning and preparation (ii) Coordinating the consulting agency with other agencies concerned (iii) Coordinating the progress of construction and resettlement (iv) (4)Supervising the disbursement of resettlement funds (v) Coordinating the work of agencies concerned (vi) Coordinating with ADB resettlement specialists at the preparation and implementation stages (vii) Developing resettlement policies and implementation plan (viii) Reporting resettlement progress to the XPLG and ADB project team (ix) Conducting internal resettlement monitoring (x) Supervise implementing agency activities and provide guidance and support, as needed (xi) Supervise the implementation of grievance redress mechanism (GRM) and remedial measures as per resettlement plan at the implementing agency level during construction and operations (xii) Monitor and report project progress and performance, including environmental, resettlement, and social and gender safeguards action plans to the Asian Development Bank (ADB) (xiii) Engage external resettlement monitor to ensure compliance with resettlement plan.
• HJGT through HPMO
(i) Applying for planning and land use permits with competent authorities (ii) Communicating resettlement policies to the public (iii) Appointing a dedicated staff to implement the RP (iv) Arranging, supervising and managing resettlement funds
• House Demolition Office and Natural Resource Bureau of affected District
(i) Responsible for all land acquisition and house demolition-related affairs (including the social insurance of land-lost farmers)
(ii) Deal with grievance and complaints of displaced persons in the resettlement process
• Affected villages/communities 53
(i) Participate in the calculation of compensation funds allocated to affected households (ii) Supervise the allocation of compensation funds to affected persons (iii) Involved in the handling of grievance and complaints expressed by displaced persons in the resettlement process (iv) Involved in the occupational skill training for the affected persons (v) Involved in the implementation of employment measures for affected persons
7.3 Staff, equipment and training 109. In order to ensure the successful implementation of the resettlement program, resettlement organization at all levels are allocated with specialized staff in order to form a smooth information transmission channel from the top to the bottom. XPMO, has experience in working with other multilateral development bank (MDB) projects such as the World Bank. At present, there are 2 staff members in the HPMO responsible for resettlement. However, this is the first ADB loan project in the city and the staffs didn’t have experience in resettlement plan implementation according to ADB SPS (2009).
110. In order to better implement the Resettlement Plan, ensure that the benefits would reach project-affected persons, and follow the overall plan on the Project progress, XPMO will adopt the following measures to enhance organizational ability and improve organizational efficiency.
(i) The leadership responsibility system: A powerful leadership collective led by the division head of each district government with leaders in relevant government departments forms.
(ii) With high-quality staff: It is required that staff in resettlement organization at all levels have a full understanding about the Project and its positive and negative impacts, an excellent ‘big-picture thinking’, policy awareness, and expertise especially experience in mass-scale work.
(iii) Clarification of responsibility: responsibilities of resettlement offices at all levels shall be clarified in accordance with the safeguard requirements of ADB and relevant national laws and regulations.
(iv) Training for resettlement staff: training on resettlement policies and information management will be provided to resettlement staff at an irregular basis according the requirements of resettlement work.
(v) Supervision by the masses and public opinions: All resettlement information and data will be disclosed to the people, so that they can continually supervise such information dissemination and public opinions.
(vi) Resettlement briefings will be convened on an irregular basis; contents of such briefings will be released to all districts and villages (neighborhoods) in the form of bulletins.
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(vii) XPMO, PIA, and resettlement implementing agency at all levels will be provided with relevant necessary office facilities, in order to meet the requirements of the work.
111. See Table 7-1 for future organization strengthening and training schedule, which will be implemented by the XPMO under the support of resettlement experts and external resettlement monitoring agency.
Table 7-1 Professional training schedule of the resettlement agency Training Training Organiz Time Place Trainees method contents er HJGT , Natural Resource Lecture Bureau and House All resettlement Xiang offered in a Demolition Offices May 2021 professional XPMO yang centralized of affected districts, trainings manner the village (community) resettlement staff HJGT, Natural XPMO Resource Bureau Lecture and and House Resettlement Xiang offered in a external July 2021 Demolition Offices of implementation yang centralized monitori affected districts, the and monitoring manner ng village (community) agency resettlement staff Exchange and discussion over experience Xiang Exchange October 2021 Resettlement staff obtained and XPMO yang lecture lessons learnt from the resettlement
8 PUBLIC CONSULTATION AND GRIEVANCE REDRESS
8.1 Public consultation 112. In order to earnestly and reliably carry out the resettlement program, a great importance has been attached to the involvement of and consultation with the displaced persons and the affected populations during the preparation and implementation of the project.
8.1.1 Public consultation during the project preparation period
113. From December 2019, under the guidance of ADB's technical consultants and resettlement consultants, the investigation team of Hubei Province Engineering Consulting Co., Ltd. has conducted a series of socioeconomic surveys and solicited public opinions with regard to the demands for elderly care, project site, feasibility study reports, and environmental impact assessments. During the project preparation period, the HJGT and the Natural Resource Bureau and House Demolition Office of various districts have conducted extensive consultations on the land acquisition and resettlement programs of the project. Four public consultation activities were 55
conducted in the affected villages to solicit opinions and suggestions on LAR from the affected people. The number of participants in the public consultation activities exceeded 50, of which more than 50% were women. In addition, surveyors also held discussions with relevant personnel such as the workers of Panggong Demolition Office in Xiangcheng District, Wangzhai Sub-district Office, Dongjin New District Demolition Office, and HJGT, and got a detailed understanding of the economic development of different project areas in recent years, compensation policies for land acquisition and demolition, their implementation, and the opinions and complaints of the affected population.
Photo 8-1 Social economic survey interviews of affected households
Photo 8-2 Soliciting public opinions and suggestions at public consultation activities
114. The activities conducted during the project preparation period are detailed in Table 8‑1. The resettlement information booklet is attached as Annex 1 which will be issued in May/June 2020.
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Table 8‑1 Disclosure of resettlement information and consultations Numb Response/Agreem Conten er of ents ts of partici Organi Purpose Main How did the XPMO No. Date public Participants pants zers s problems/Issues respond to the consult (perso issues raised by ation n) AHs? According to the original design of Hengzhuang EC1 and HC1 facilities,there were 14 houses need to be demolished. The Identify Implementing Resettlement the It is suggested to Agency has asked Inspecti consultants, impacts reduce the impact of design institution to Decemon at XPMO, HJGT, and 8 (5 of land land acquisition and optimize the design 1 ber the Hubei Province female acquisiti house demolition the facility in order 2019 project Engineering s) on and through program to minimize the site Consulting Co., house XPMO optimization. project’s adverse Ltd. demolitio impacts. According n to the final confirmed design, the house demolition impacts has reduced from 14 houses to 6 houses. Staff from XPMO has explained the resettlement compensation Investiga policies, Resettlement te the compensation rates consultants, resettle of LA in accordance The affected people XPMO, HJGT. ment with the Resettl are concerned about Hubei Province impacts comprehensive land Decemement the compensation Engineering and prices issued by ber impact 8 (5 standards and Consulting Co., consult Hubei Provincial 2 2019 and female XPMO resettlement plans. Ltd. and the about Government, to Jan socioec s) They support the representatives of the compensation 2020 onomic project construction affected people of prelimin standard of house survey and think they can various districts ary demolition and benefit from it. and villages resettle resettlement (communities) ment community options plan to the AHs during survey. GRM and external monitoring mechanism will be established to 57
Numb Response/Agreem Conten er of ents ts of partici Organi Purpose Main How did the XPMO No. Date public Participants pants zers s problems/Issues respond to the consult (perso issues raised by ation n) AHs? supervise and monitor the payment of compensation funds. All of these information will be included in RIB and distribute to APs. The people affected The construction by land acquisition progress and basic choose monetary information of three compensation; the resettlement people affected by communites have demolition choose been introduced by resettlement houses officer from HJGT to Discuss and monetary the APs; trainings Resettl XPMO, HJGT., and compensation and and jobs will be ement the affected 18 (10 determin care about the provided to APs Jan 3 method villages female XPMO e the construction through consultation 2020 s and (communities) and s) resettle progress of and according to wishes representatives ment resettlement their demand. plan houses; some of the affected people are very interested in the elderly care industry and hope to get employed in this project through vocational training. Ensure all the RP will be disclosed information related to affected Determi to LAR is open and villages/communitie ne the transparent; expect s and RIB will Resettl XPMO, HJGT, the resettle the job opportunities released to AHs; RP ement 18 (10 Jan affected villages ment can be provided to stipulates that all the 4 policies female XPMO 2020 (communities) and policies, APs with priorities. job opportunities and s) representatives standard during plans s and implementation and plans operation stages will be provided to APs with priorities. 52 (30 Total people femal es)
8.1.2 Public consultation plan during the project implementation period
115. With continuous advancement of the project preparation and implementation, the XPMO and IA will carry out further public consultations. The schedule is detailed in Table 8-2.
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Table 8‑2 Public consultation plan of the project
Purposes Methods Time Agencies Participants Themes
Disclose Official Officially resettlement website, announce the plan and village XPMO, IA and May/June resettlement distribute bulletin community/villa All APs 2020 plan and resettlement board and ge committees distributing information village RIB booklet (RIB) meeting Publish the Disclosure of ADB May/June ADB All APs draft RP on draft RP website 2020 ADB website 1) Conduct DMS 2) Detailed list of the Detailed XPMO, IA, occupied land Measurement Natural June to and lost land Survey (DMS) Field Resource APs affected September of the and update the survey Bureau and by LA 2021 displaced resettlement community/villa persons plan ge committees 3) Prepare the compensation agreement 1) conduct XPMO, IA, house House demoltion Demolition evaluation; Office of Detailed 2) verify Fancheng Measurement eligible APs June to District and Survey (DMS) Field APs affected and September Wangjiazhai and update the survey by HD resettlement 2021 Subdistrict, resettlement house quota; Hengzhuang plan 3) Prepare community, real the estate compensation assessment agreement institution
Official website, Officially Disclosure of village XPMO, IA and announce the updated RP bulletin October 2021 community/villa All APs RP and and RIB board and ge committees distributing village RIB meeting Disclosure of ADB Publish the October 2021 ADB All APs updated RP website updated RP 59
Purposes Methods Time Agencies Participants Themes
on ADB website
Announce the Notice Natural acquisition board of Announce the Resource area, the village APs affected land Nov 2021 Bureau and the compensation and by LA acquisition affected villages standards and villagers' (communities) resettlement meeting channels, etc. Announce the Notice land Natural board of Compensatio acquisition, Resource the village APs affected n amount and compensation Nov 2021 Bureau and the and by LA payment and affected villages villagers' methods resettlement (communities) meeting plan XPMO, IA, Natural 1) Discuss the Resource final income Bureau, House recovery plan Demolition Determine Villagers' and the use of Office of income meeting, compensation Before Fancheng recovery plan community All affected funds implementatio District and and its meeting people 2) discuss the n Wangjiazhai implementatio (multiple house Subdistrict, n times) relocation Hengzhuang schedule and community, and resettlement the affected scheme villages (communities) Human Discuss the Resource and training needs Villagers' March 2022 to Social Security All affected Training plan and formulate assembly Dec 2023 Bureau, people the training affected villages plan (communities) 1) Resettlement progress and External impact Villagers' monitoring 2) Payment of participatio Sep 2021 ~ agency, XPMO, All affected Monitor compensation n in the Dec 2024 IA, affected people 3) Information meeting villages disclosure (communities) 4) Production and life recovery
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8.2 Grievance redress mechanism 8.2.1 Ways to collect grievances and complaints
(i) Reports of the resettlement implementation agency including the complaints and grievances of the people, progress of resolution, work measures, and existing problems;
(ii) Problems in acquisition and demolition in the site inspection will be supervision by XPMO;
(iii) Key related information reported by the external monitoring agency;
(iv) Letters and visits from the affected people;
8.2.2 Grievance redress procedures
116. During the project implementation, XMGO will set up complaint channels at the project sites. The GRM will be established by March 2021, prior to the finalization of detailed designs and the commencement of land acquisition and resettlement activites under the project. Firstly, the villagers can submit their opinions or suggestions to the village group or village committees, which is the main channel for grievances of the villagers and the affected people. Secondly, the villagers can report to the town-level government and sub-district office. Thirdly, the villagers can report to the Letters and Visits Office of the affected district or municipal government. If the affected people are dissatisfied with the decisions and resolution of complaints, they can protect their rights and interests through these channels above.
117. The basic grievances redress mechanism is as follows:
118. Stage 1: If the displaced persons are dissatisfied with the resettlement, they can complain to the village committee. The oral complaint must be recorded. The village committee should make a decision within 2 weeks and inform the displaced persons.
119. Stage 2: if the displaced persons are dissatisfied with the reply of the stage 1, they can complain to the Acquisition and Demolition Office of the district or the implementing agency within one months of receiving the reply of stage 1. The Acquisition and Demolition Office of the district or the implementing agency should make a decision within two weeks and inform the displaced persons.
120. Stage 3: if the displaced persons are dissatisfied with the reply of stage 2, they can complain to the XPMO within one months of receiving the reply of stage 2 and the PMO should make a decision within two weeks and inform the displaced persons.
121. If the displaced persons are dissatisfied with the existing grievance redress mechanism at any stage of the project implementation, they can directly institute an lawsuit at he People's Court. 61
122. The affected people can also complain to ADB project team. If the affected people are still dissatisfied with the results and they are hurt because of non-compliance with the ADB's policies, they can complain to the special coordinator's office of compliance inspection office of the ADB in accordance with the ADB's accountability mechanism (for more information, see http://www.adb.org/Accountability-Mechanism/default.asp)
123. All complaints (oral or written) will be reported to the Asian Development Bank through the internal and external resettlement reports.
124. The agencies will accept the complaints and appeals of the affected people free of charge, and the reasonable costs incurred will be paid from the project’s unforeseen fees account. The grievance redress mechanism will be valid throughout the project construction period to ensure that affected people can apply it to deal with related issues. The information about the grievance redress mechanism will be disclosed to all displaced persons and other project stakeholders through public consultations, the resettlement information booklet, and the media.
8.2.3 Grievance redress principles
125. The resettlement implementing agencies will conduct an on-site investigation on the complaints raised by the affected people, fully solicit their opinions and listen to their objective and fair suggestions. In the resettlement process, women may have their own special complaints and appeals. Therefore, Xiangyang Management Office of Foreign-funded Projects arranges at least one female staff member to handle the women's complaints. The local government and non- governmental organizations such as the Civil Affairs Bureau and the Women's Federation will be requested to assist in the resolution and/or monitor to protect the rights and interests of women.
8.2.4 Records and follow-up of complaints and grievance
126. In the implementation process of resettlement plan, the resettlement implementing agencies at all levels will record and manage all complaints and the handling of decisions, and submit written report to Xiangyang Management Office of Foreign-funded Projects once in every month. The report should contain the duplicated copies of the written documents sent to the complainant. Xiangyang Management Office of Foreign-funded Projects will inspect the recording of complaints and handling results on a regular basis. To completely record the complaints of affected populations and the handling results, the project implementing agency formulated a specific registration form. See Table 8-3 for the sample format.
Table 8‑3 Form of Complaints and Grievances Registration in Resettlement Name of the Receiving Time Location complainant unit
Complaint
Request
Proposed solution
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Actual handling results
Name of the complainant Recorder (Signature) (Signature) Notes: 1. The recorder shall truthfully record the complaints and the request of the complainant. 2. The grievance redress should be free from any interference and obstacles. 3. The proposed solution shall be replied to the complainant within the prescribed time limit. 127. Main contents of this chapter will be made public to the project-affected population and sent to every affected household in the form of publicity documents before the implementation of resettlement.
8.2.5 Contact information for complaints and grievance
128. The resettlement implementing agencies at all levels arrange main responsible persons to take charge of collecting the dissatisfaction and complaints of the affected population. The name of the responsible persons, the office address and the contact number are detailed in Table 8-4.
Table 8‑4 Information on the organs and person receiving the complaints and grievance of affected population Units Contact Phone number
Xiangyang Project Management Xu Long 13687291200
Chen Hanjiang Guotou Investment Group Co., Ltd. 15607103882 Xinpei Yang Natural Resource Bureau of Xiangyang City 0710 3804700 Xiaodong
Natural Resource Bureau of Xiangcheng District Shi Yan 07103607325
Natural Resource Bureau of Dongjin New Li Haitao 13995706199 District
House Demolition Office of Fancheng District Wang Lin 13972256985 63
9 RESETTLEMENT BUDGET
9.1 Resettlement budget 129. Based on the relevant prices in the second half of 2019, the total resettlement budget for the project is 30.5185 million yuan, of which 6.9491 million yuan (22.77%) is for land compensation, 2.4798 million yuan (8.13%) is compensation for the residents to be relocated due to house demolition, 14.8894 million yuan (48.79%) is the taxes incurred for land acquisition, and 5.2573 million yuan 17.23%) is for various indirect cost and 942,900 yuan are the unforeseen cost.
130. The total resettlement cost will be included in the total project cost and the resettlement compensation is described in Table 9-1.
Table 9‑1 Estimates of resettlement investment Compens ation Amount Qua standard Proporti No. Item Type Unit ntity (Ten on (yuan) thousand yuan) I Basic cost 942.88 30.90% Land acquisition (I) 694.91 22.77% cost Land compensation 1 694.91 22.77% and resettlement subsidy Cultivated Mu 12.62 115500 145.76 land Subsidies for Shijiamiao young crops Mu 12.62 2700 3.41 1.1 Community (vegetables) Well Unit 1 4000 0.40 Pump house M2 4 636 0.32 young crop Cultivated Mu 25.18 115500 290.83 land Tree Tree 280 30 0.84 Subsidies for young
Sunjiaxiang cropyoung Mu 8.39 2700 2.27 1.2 Village crops (vegetables) Greenhouse (bamboo- wood ㎡ 4.2 10 0.00 structure, single layer) Cultivated 1.3 Xiaoying Village Mu 50.55 48200 243.65 land
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Compens ation Amount Qua standard Proporti No. Item Type Unit ntity (Ten on (yuan) thousand yuan) Subsidies for young Mu 50.55 1470 7.43 cropyoung crops (rice) Compensation for (II) house demolition 247.98 9.10% and resettlement Main room 2170 791 171.65 Yuan Decoration 2170 300 65.10 /㎡ Yuan Relocation /pers 49 240 1.18 subsidy on Yuan Hengzhuang Transition /pers 1 49 1440 7.06 Community cost on/ye ar Yuan Reward /hous 6 2000 1.20 ehold Subsidy for Yuan loss of 20 900 1.80 /labor working time Other assistance measures and 54.67% II 1488.94 taxes involved in land acquistion Cultivated land 2.1 Mu 88.35 20,000 176.70 occupation tax
Cost of paid use Yuan 2.2 of newly added 88.35 37333.52 329.84 /㎡ construction land Cost for livehood restoration meaures 2.3 0a (vocational training, and pre- job trainings) Basic endowment insurance for the Peop 2.3 307 32000 982.40 land-acquired le farmers III Related cost 525.73 17.23% Agency cost for land acquisition and demolition (1.8% of the 1 16.97 basic cost) 65
Compens ation Amount Qua standard Proporti No. Item Type Unit ntity (Ten on (yuan) thousand yuan) Resettlement monitoring and evaluation cost (calculated at 2 14.14 1.5% of basic cost) Other related expenses such as cost of demolition and 3 clearance, evaluation cost and the cost of auditing agency 9.43 (calculated at 1% of basic cost) Construction cost of resettlement house: population to be 4 resettled 49*resettlement area 33m2/person * difference (3500- 438.05 791) yuan/m2 Resettlement administrative cost (calculated at 5% of basic 5 47.14 1.54% cost) IV Unforeseen cost (calculated at 10% of basic cost) 94.29 3.09% Total 3051.85 100.00% a The cost for training has been included in the local government budget and will be implemented by human resource bureau.
9.2 Resettlement investment plans and fund sources 131. Local governments raised funds for resettlement from domestic loans. Before or during the project implementation, in order not to affect the production and living conditions of the land- acquired farmers, it is planned to invest in stages, as shown in Table 9-2.
Table 9‑2 Resettlement Investment Plan of the Project Year End 2020 End of 2021 Total Investment amount 2136.29 915.55 3051.85 (yuan) Proportion 70% 30% 100%
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10 RESETTLEMENT IMPLEMENTATION PLAN
10.1 Principles of resettlement 132. According to the project schedule, the project building works and outfitting will be started from Q3 2022 to Q2 2026. To link the resettlement schedule with the project schedule, it is planned to start the land acquisition and house demolition in Dec 2021 and end such work in June 2022. The basic principles of resettlement are:
(1) The land acquisition should be completed 3 months before the commencement of project construction and the specific commencement time should be determined according to the needs of land acquisition and resettlement.
(2) During the resettlement process, the affected people should have the opportunity to participate in the project. Before the commencement of project construction, the scope of land acquisition should be disclosed, the resettlement publicity manuals should be released and the public consultation related works should be well done.
(3) All types of compensation should be directly and fully paid to the property owner within 3 months from the date of approval of land acquisition, compensation and resettlement plan. No unit or individual may use the compensation on their behalf and the compensation shall not be discounted for any reasons in the payment.
10.2 Resettlement schedule 133. The specific implementation time may be adjusted appropriately due to deviations in the overall progress of the project. The resettlement schedule is detailed in Table 10-1.
Table 10‑1 Resettlement schedule
No. Resettlement task Objective Responsible unit Time
1 Information disclosure
4 Distribute resettlement villages/communities 1.1 XPMO, IA. May 2020 information booklet in 4 towns/sub- districts Disclose draft RP on 1.2 resettlement plan XPMO and ADB June 2020 the ADB's website
2 RP update and DMS
The affected XPMO, IA, Natural residents in 4 Resource Bureau and 2.1 DMS villages/communities June to the affected villages of 4 towns/sub- September 2021 (communities) districts The affected XPMO, IA, Natural June to 2.2 Income recovery plan residents in 4 Resource Bureau, September 2021 villages/communities House Demolition 67
No. Resettlement task Objective Responsible unit Time
of 4 towns/sub- Office of Fancheng districts District and Wangjiazhai Subdistrict, Hengzhuang community, and the affected villages (communities) Update the RP based 2.3 / XPMO, IA October 2021 on the detailed design
Disclose the the 2.4 The updated RP ADB Nov 2021 updated RP
3 LA announcement
The affected Natural Resource residents in 4 Announce the land Bureau and the 3.1 villages/communities Dec 2021 acquisition affected villages of 4 towns/sub- (communities) districts The affected Announce the land Natural Resource residents in 4 acquisition, Bureau and the 3.2 villages/communities Dec 2021 compensation and affected villages of 4 towns/sub- resettlement plan (communities) districts
4 Signing of the LA compensation agreement and compensation payment
Sign the land XPMO,IA, Natural acquisition and 65 households Resources Bureau of Jan to March 4.1 compensation affected by land various districts, the 2022 agreement and pay acquisition village committees the compensation
5 Implementation of livelihood restoration measures
The village committee and the Human March 2021 to 5.1 Income recovery affected households Resources and Social September 2022 Security Bureau The Human Implement the training March 2021 to 5.2 affected households Resources and Social plan September 2022 Security Bureau
6 House demolition and relocation
Sign the house XPMO, IA, House demolition and 6 households Demolition Office of Jan to March 6.1 compensation affected by house Fancheng District and 2022 agreement and pay demolition Wangzhai Subdistrict , the compensation Hengzhuang village
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No. Resettlement task Objective Responsible unit Time
committees
XPMO, IA, House Demolition Office of Fancheng District and 6.2 House demolition 6 households March 2022 Wangzhai Subdistrict , Hengzhuang village committees XPMO, IA, House Demolition Office of Move to resettlement Fancheng District and March to May 6.3 6 households housing community Wangzhai Subdistrict , 2022 Hengzhuang village committees
7 Capacity building
IA, Natural Resource Burea and House Demolition Offices ADB/Consulting March to 7.1 Staff training of affected districts, consultants September 2021 the village (community) resettlement staff Monitoring and evaluation 8
Establish internal Based on the 8.1 monitoring and XPMO, IA June 2021 resettlement plan evaluation mechanism Engage an external 8.2 monitoring and 1 monitoring agency XPMO, IA May 2021 evaluation agency December 2021 Internal monitoring One report every half 8.3 XPMO, IA to December report year 2026 External resettlement monitoring report One report every half External monitoring August 2021 to 8.4 (baseline surveys year agency August 2023 included in the first monitoring report) After one year of the Resettlement completion of 8.5 implementation XPMO, IA August 2024 resettlement completion report implementation
9 Public consultation XPMO, IA Ongoing
10 Grievance redress XPMO, IA Ongoing 69
11 MONITORING AND EVALUATION
134. To ensure smooth implementation of the resettlement plan and achieve LAR goals, regular monitoring and evaluation on the implementation of land acquisition, house demolition and resettlement activities will be conducted in accordance with the local policies, laws and regulations and ADB's safeguard policy on involuntary resettlement.
11.1 Internal monitoring 11.1.1 Contents of internal monitoring
135. The contents of internal monitoring are:
(i) Organizations: resettlement implementation and the setting and duties of related organizations, the staffing and capacity building of the resettlement organizations;
(ii) Resettlement policies and compensation standards: formulation and implementation of resettlement policies; actual implementation of the compensation standards for permanent land acquisition, temporary land occupation, house acquisition, acquisition of special facilities and structures. It is necessary to specify whether it is implemented in accordance with the standards in the resettlement plan, and if there are changes, explain the reasons;
(iii) Progress of land acquisition, house acquisition and resettlement: master schedule and annual plan, progress of establishing and staffing of resettlement organizations, progress of land acquisition, progress of resettlement house construction, progress of relocation of the displaced persons and progress of other resettlement activities such as livelihood and training. The format of the internal report on land acquisition, house acquisition and resettlement is shown in Table 11-1.
Table 11‑1 Sample format for reporting house acquisition progress Resettlement Planned Completed Cumulative Proportion to the Unit activity quantity quantity completion total quantity (%) Permanent land Mu acquisition Temporary land Mu occupation Acquisition of m2 residential land Ten Land compensation thousand yuan Payment for house Ten acquisition thousand
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Resettlement Planned Completed Cumulative Proportion to the Unit activity quantity quantity completion total quantity (%) yuan
Construction of ㎡ resettlement houses Prepared by: Signature of the responsible person: Seal:
(iv) Resettlement budget and its implementation: the amount and time of resettlement funds being paid in stages, the use and management of resettlement funds by resettlement implementing agencies at all levels, the amount and time of payment of the compensation to the affected-property owner (houses and etc.) and the land property owner (villages and village groups) and users, the village-level use and management of compensation for collective land, the supervision and audit of fund use. The format of the internal monitoring report on the progress of fund use is shown in Table 11-2.
Table 11‑2 Sample form of fund use progress ______Village (Community) ______Town (Sub-district)______District, Date ______(year/month/day) Cumulat Proportion Amount of ive of the Required compensation amount Brief received Quantity amount received of Affected units descripti funds to (unit) of funds during the compen on the total (yuan) reporting sation compensat period (yuan) received ion (%) (yuan) Village
Village collective (community) 1 Household
Village
Village collective (community) 2 Household
Public facilities
Prepared by: Signature of the responsible person: Seal:
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(v) Production restoration and employment: main resettlement methods, the number of displaced persons, employment, resettlement of the vulnerable groups (women, elderly, the disabled and etc.), the resettlement effect.
(vi) House demolition of and living arrangements for the displaced persons: compensation payment, construction of resettlement houses, choice of resettlement houses, etc.;
(vii) Complaints, grievance, public consultation, information disclosure and external monitoring: include the channels, procedures and responsible agencies of the grievance redress, the main contents of complaints and grievance and the handling results, main contents, forms and effects of public consultation, resettlement information booklet and information disclosure, the external monitoring agency and its activities and effects;
(viii) Handling of relevant issues in the memorandum of the Asian Development Bank inspection team; and
(ix) Existing problems and their solutions.
11.1.2 Internal monitoring methods
136. Internal monitoring is to monitor the implementation process of resettlement. A standardized, smooth and bottom-up resettlement information management system has been established among PMO, IA, and related agencies to follow up the resettlement progress, including: the progress, funds and effects of resettlement, and organize and analyze the above information.
137. The following methods will be adopted in internal monitoring in accordance with the project progress:
(1) Monitoring system
138. The XPMO and IA will formulate a unified statement based on the needs of resettlement implementation. The statement should reflect the progress of resettlement fund appropriation and the acquisition and demolition progress. The statement should be generally submitted level-by- level at the end of the month when the fund is allocated and the project progress can be master through the fund allocation.
Table 11‑3 Sample form of land acquisition and resettlement monitoring statement Percentage Complete Updated The Total of No Resettlemen d in the Types resettlemen realit complete cumulative . t plan current t plan y d completion period % Acquisitio Area (mu) 1 n of
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Percentage Complete Updated The Total of No Resettlemen d in the Types resettlemen realit complete cumulative . t plan current t plan y d completion period % collective The land affected
household s The affected people
Area (mu)
Temporar The y land affected 2 occupatio household n s The affected people
Area (㎡)
Acquisitio The n of affected 3 residential household land s The affected people Resettlement funds 4 (yuan)
(2) Coordination meeting
139. During the implementation of resettlement, the XPMO and IA will regularly convene the resettlement coordination meeting, discussing and handling the problems in project implementation and resettlement or exchanging the working experiences and studying the problem-solving measures.
(3) Site inspection and conference
140. The XPMO and IA. will carry out conventional and non-conventional inspections on the resettlement work of the resettlement implementing agency and the related departments, conduct in-depth field investigations and research, handle the acquisition, demolition and resettlement issues on the site and verify the work progress and implementation of resettlement policies.
(4) Information exchange with external monitoring agency 73
141. The XPMO and IA will maintain regular contact and information exchange with the external monitoring agency and regard the findings and evaluation opinions of the external monitoring and evaluation agency as the reference basis for internal monitoring.
142. Internal monitoring should be conducted continuously. The comprehensive monitoring should be conducted once every month and will be increased during the key periods such as resettlement.
(5) Reporting
143. The internal monitoring reports are submitted by the resettlement implementing agency to the XPMO and IA. After organizing and summarizing the related data and information, the XPMO will submit an internal monitoring report to the ADB every half year.
11.2 External monitoring 144. In accordance with the requirements of ADB’ involuntary resettlement policy, XPMO will hire a qualified and external resettlement monitoring agency with rich experiences in ADB projects.
145. The external monitoring and evaluation agency regularly tracks, monitors and evaluates the implementation of resettlement, monitors the progress, quality, and funding of resettlement, and provides advice. It tracks and monitors the production and living standards of the displaced persons and submit the monitoring and evaluation report to the XPMO and ADB. The outline of external monitoring and evaluation is detailed in annex 3.
(1) Baseline survey
146. The external monitoring agency will conduct a baseline survey to obtain the baseline data on the production and living standards of the displaced persons. The surveys on production and family income are conducted once every half year, so as to follow up the changes in the production and living standards of the displaced persons. Follow-up survey of the typical samples (sample scale: 20% of the impacts of land and house acquisition, the sample households are selected by random sampling), random interviews and on-site observations are adopted to obtain necessary related data. On this basis, statistical analysis and evaluation are made.
(2) Regular monitoring and evaluation
147. In the implementation period of the resettlement plan, the external monitoring agency will conduct regular follow-up monitoring on the resettlement twice every year and monitor the following activities through on-site observations, follow-up surveys of the sample households and random interviews with the displaced persons. The key topics are:
• Payment and amount of the compensation; • Technical training; • Support to the vulnerable groups; • Restoration and reconstruction of infrastructure and special facilities; • Production arrangements and restoration of affected households; • Compensation for the lost properties; • Compensation for the lost working time;
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• Subsidies for the transition; • Timetable of the above activities (available at any time); • Organization of the resettlement network; • The use of compensation for collective land and the income of the displaced persons; • Employment and income increase of the laborers; • Whether the affected people benefit from the project.
(3) Grievance redress
148. The external monitoring agency will periodically visit the project-affected villages and village groups and the village level resettlement implementing agencies to inquire about the handling of complaints. Meanwhile, the external monitoring agency will also interview with the displaced persons and put forward the improvement measures and suggestions to the XPMO to facilitate the more effective implementation of the resettlement plan.
(4) Reporting
149. The external monitoring agency prepares the external monitoring reports based on its observations and data obtained from investigations. The main objectives are: 1) objectively reporting the resettlement progress and the problems to the ADB and the XPMO; 2) evaluating the socio-economic impacts of resettlement and put forward constructive opinions and suggestions to improve the resettlement work. The regular monitoring reports should at least contain: 1) the monitoring objects; 2) the resettlement progress; 3) main findings of the external monitoring agency; 4) main problems and grievances of APs; 5) evaluation and suggestions of the external monitoring agency.
150. The external monitoring and evaluation agency will submit monitoring report and evaluation report to the ADB and the XPMO every six months.
151. After one year of the implementation of resettlement plan provisions, project completion, the external monitoring agency will apply the post-project evaluation methods to evaluate the resettlement of the project on the basis of monitoring and evaluation. The evaluation mainly include the successful experience in and the lessons from land acquisition, so as to provide lessons for future resettlement program..
Table 11-4 M&E Schedule No Report Date
1 External Resettlement Monitoring and Evaluation Report Dec 2021 (No.1), including the baseline survey of affected persons (July – Dec 2021)
2 External Resettlement Monitoring and Evaluation Report June 2022 (No.2) (Jan – June 2022)
3 External Resettlement Monitoring and Evaluation Report Dec 2022 (No.3) (July – Dec 2022) 75
4 External Resettlement Monitoring and Evaluation Report Dec 2023 (No.4) (Jan – June 2023)
5 External Resettlement Monitoring and Evaluation Report Dec 2024 (No.5) (June – Dec 2023)
6 Resettlement implementation completion report Dec 2024
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Annex 1 Photographs of Project Facilities and Copies of Relevant Documents of Land Use Approvals
Name of the facilities: Zhumeng Hengzhuang EC1 and HC1
The location of the project site: Plot F of Zhumeng The completed affordable housing on plot A. Heng Manor in Hengzhuang community, Wangzhai Subdistrict in Fancheng district
The affected houses of Hengzhuang community in The same as left photo this project
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Name of the facilities: EC 2 (Xiangcheng: No.4 middle school)
The location of the project site: North of No.4 Middle The current situation of project site School, Sunjiaxiang village, Panggong Subdistrict in Xiangcheng District Name of facilities: EC 3 (Xiangcheng: Grain bureau)
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Location and status of Food Administration Bureau of Xiangyang in Xiangcheng District (former site)
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Minutes on Coordinating the Purchase of Office Name list of 14 assets and the 6th is the Food Buildings of the Departments directly under the Administration Bureau of Xiangyang. Municipal Government by Hanjiang State-Owned Capital Investment Group Co., Ltd. (page 1) Name of facilities: EC 4 EC 5 (High tech zone: Public rental housing community in Shenzhen Industrial Park)
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State-owned land use right of the public rental housing community obtained in 2016 Name of facilities: EC 6 (Xiangcheng).
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The location of the project site: on the west of Current situation of project site Xingguang Aavenue, north of Xiangyang road and Shijiamiao village, Panggong Subdistrict in Xiangcheng District Name of facilities: EC 7 (Dongjin New district: PPP) and HC 2 (Dongjin New District)
Project site location: in the north of Jiangshan Road, Current situation of project site Xiaoying village, Dongjin New District EC 8 (Fangcheng: PPP)
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The location of project site: in the south of Jianshe The current situation of project site Road and north of Han River HUAS training base (Xiangcheng District)
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The project site is located in the southeast corner of The current situation of the project site is a Hubei University of Arts and Science. The project puddle. Because of the suspension of site is the foundation of a school building which construction as lack of money, some water belonged to the university. The total area of the accumulated after the rain, forming a puddle foundation is about 4000 m2 and the facility of this now. The houses are along the Huanshan project will use 2300 m2 among them. Road and not in the project scope.
The current situation on the east of project site The access road and entrance (the green
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barrier in the picture) was inside the university
Land Use Right Certificate of the university obtained in September 2011. Source: PPTA team survey and related documents provided by IA
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Annex 2 Resettlement Information Booklet (RIB)
(1) Purpose of the Resettlement Information Booklet The purpose of preparing the Resettlement Information Booklet is to provide the affected people with information about the project, especially about the principle of compensation, compensation proceeds, compensation standards, as well as other policies and regulations, and offer the affected people with information about how and when to obtain the compensation. The issue of Resettlement Information Booklet is a link of information disclosure, through which land acquisition information, resettlement plan, compensation standard, compensation amount, complaint and appeal channels and policies can be disclosed. The Resettlement Information Booklet will be distributed to the affected people prior to the detailed investigation.
(2) Project overview The proposed Xiangyang Hubei Elderly Care Service Development Project (“the Project”) includes five components, including community-based elderly care service stations, elderly care demonstration areas where integrated medical and elderly care services are delivered, information-based elderly care service platform, human resource development for elderly care services and institutional capacity building.
(3) Impacts of the project on displaced persons According to the scheme recommended in the feasibility study report of the project and the investigation on the impact of resettlement, the land acquisition and resettlement of the project involve four communities/villages in Xiangyang City, including Shijiamiao Community of in the Xiangcheng District, Sunjiaxiang Village, Xiaoying Village in the Dongjin New District and Hengzhuang Community in the Fancheng District.
The land acquisition and demolition of the project cover Xiangcheng District, Fancheng District and Dongjing District of Xiangyang City. According to the scheme recommended in the feasibility study report of the project and the investigation on the impact of migration, 88.35 mu of land will be acquired and 2170 square meters residential houses will be demolished for the project, directly affecting 71 households (356 people). The impact of acquisition of collective land on local residents is not significant, because each household has other sources of income.
(4) Policy framework and rights and interests In order to avoid and reduce the negative impacts caused by land acquisition, it is necessary to conduct full consultation with the villages and immigrants where the project is located, and the engineering design is optimized through comparison and selection.
The resettlement plan of the project is formulated in accordance with the Land Administration Law of the People's Republic of China (September 2019), the Decision of the State Council on Intensifying the Reform and Tightening of Land Management (G.F. [2004] No. 28), relevant policies of Hubei Province and Xiangyang City, the Safeguard Policy Statement of ADB (2009) and other relevant social security policies.
Based on the above policies, through consultation with the local government and the affected people, the main resettlement policies and rights and interests of the project are as follows:
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(1) Acquisition of Collective Land
The acquisition of collective land includes land compensation, resettlement subsidy and compensation for appurtenances. According to the actual situation of the project area, the resettlement subsidy and the compensation for appurtenances of the garden plot and cultivated land within the collective land of Sunjiaxiang Village are all paid to farmers whose land has been acquired, 90% of the compensation for land is paid to the farmers, and 10% of the compensation is reserved to the village collective for the establishment of civilized village collective as well as greening activities. In Shijiamiao Community and Xiaoying Village, 70% of the land compensation will be paid to the farmers, and 30% of the land compensation fee will be retained to develop the collective economy of the village. The compensation used for the development of the village collective economy will be distributed to the farmers at the standard of 200 yuan per month when they are over 60 years old.
(2) Rural house demolition
Acquisition of rural residential land shall be made in accordance with the Implementation Plan of Compensation for Collective land and Land Attachments in Affordable Housing Functional Area (Hengzhuang Sub-area) of Xiangyang City and other relevant policies. Monetary compensation and physical replacement shall be combined, of which the specific methods shall be subject to the choices of the population to be compensated and resettled. At the same time, the relocated persons may receive transition cost and relocation subsidy.
(3) Compensation standard and resettlement plan
According to the Circular of Hubei Provincial People's Government on Publishing Standards of Comprehensive Land Prices for Land Acquisition in Hubei Province (E.Z.F.[2019]No.22), the compensation is composed of land compensation and resettlement subsidy (excluding the compensation for young crops and land attachments); Shijiamiao Community and Sunjiaxiang Village in Panggong Block are located in Class II of Xiangcheng District, the land acquisition zone of Shijiamiao Community and Sunjiaxiang Village in Panggong subdistrict has a comprehensive land price of 115,500 yuan/mu;; Xiaoying Village is located in Xiangzhou District of Class III (including all villages outside the urban planning and built-up area of the four towns in Dongjin) and the land acquisition zone has a comprehensive land price of 48,200 yuan / mu.
According to “the Letter of the Department of Land and Resources of Hubei Province on Announcing Compensation and Resettlement Multiples, Correction Coefficients and young crop crops Compensation Standards in Land Acquisition” (E. T. Z. H [2014] No. 242), the subsidy for young crops of Xiangcheng District's Class II general cultivated land is 2200 yuan/mu, and the subsidy for young crops of vegetable plots is 2700 yuan/mu; Xiaoying Village belongs to Xiangzhou District's Class III Land (including all villages outside the planned built-up area of the four towns in Dongjin), of which general cultivated land, the subsidy for young crops of general cultivated land is 1470 yuan/mu, and the subsidy for young crops of vegetable plots is 1617 yuan / mu.
According to the Circular of Xiangyang Municipal People's Government Office on Issuing Guidance Standards for Compensation for the Expropriation of Attachments on Collectively Owned Land in Xiangyang City” (X.Z.B.F.[2018] No. 41): (i) motor-pump well: for the wells that are not used for a long time, the compensation for the wells is RMB 3000-5000 per well; (ii) the
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pump room is compensated according to the compensation standard for house demolition; (iii)trees: in the project-affected area is estimated 30 yuan/plant; (iv) green house: single layer of bamboo and wood structure and compensation standard is RMB 10/m2.
Compensation for house acquisition shall refer to the above policies and documents and the actual price analysis of the main categories of the affected houses. The affected houses in this project are mainly of brick concrete structures, with the compensation price of 791 yuan / m2, the transition cost of 120 yuan / person / month (the transition period is tentatively 12 months), and the housing relocation subsidy of 120 yuan / person / month.
(4) Grievance and complaint redress mechanism
The development of grievance procedures to resolve disputes over compensation and other resettlement benefits shall be aimed at providing responses in a timely and transparent manner to the grievances of the affected people. In this regard, PMO, IA and governments of affected districts and village committees are responsible for coordinating and resolving complaints and grievances in the process of resettlement. Relocated persons may appeal against any aspect of resettlement, including compensation standard, etc.
Stage 1: If the displaced persons are dissatisfied with the resettlement, they can complain to the village committee (community). The oral complaint must be recorded. The village committee should decide within 2 weeks and inform the displaced persons.
Stage 2: If the displaced persons are dissatisfied with the reply of the stage 1, they can complain to the Acquisition and Demolition Office of the district or the implementing agency within one months of receiving the reply of stage 1. The Acquisition and Demolition Office of the district or the implementing agency should make a decision within two weeks and inform the displaced persons.
Stage 3: If the displaced persons are dissatisfied with the reply of stage 2, they can complain to the PMO within one months of receiving the reply of stage 2 and the PMO should make a decision within two weeks and inform the displaced persons.
（5）Matrix of rights and interests of Affected Persons Affect Impact Affected Compensati Compensation rates ed s persons on and type Resettleme nt Policies Perma 88.35 65 5) Compe Land compensation and resettlement subsidy: nent mu of households nsation Affecte Compreh Young crop land collecti with 307 for d ensive compensation acquis ve land people in 2 land, village land Com Cla ition districts resettle District price in mon Veget ss and 3 ment the cultiv able villages/co subsidy region ated plots mmunity based where land
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Affect Impact Affected Compensati Compensation rates ed s persons on and type Resettleme nt Policies on the land compe is nsation expropria standar ted ds. (yuan/mu 100% ) of Shijia 115500 resettle miao III 2200 2700* ment Xiangc comm subsidi heng unity es will District Sunjia 115500 paid to xiang III 2200 2700* the village APs, Dongji Xiaoyi 48200 1470 10% to n New ng III 1617 ** 30%a of District village land compe Subsidies for young cropyoung crops: the subsidies nsation for young cropyoung crops on common cultivated land fees of Class III and on vegetable plots in Xiangcheng will be District are 2,200yuan/mu and 2,700 respectively; kept in those for young crops on common cultivated land and the vegetable plots in Xiaoying Village, which is located in village Xiangzhou District and classified into Class III collecti (including all villages and groups not included in the ve for built-up area under the urban planning for four towns in used Dongjin) are 1,470 yuan/mu and 1,617 yuan/mu for the respectively. public affairs of village collecti ve, such as greenin g, road
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Affect Impact Affected Compensati Compensation rates ed s persons on and type Resettleme nt Policies reconst ruction and sanitati on facilitie s purcha sing etc, which should be implem entated after confirm ed and agreed by 2/3 of villager represn tatives’ congre ss during implem entatio n.
6) Compe nsation for standin g crops at
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Affect Impact Affected Compensati Compensation rates ed s persons on and type Resettleme nt Policies replace ment cost.
7) Priority access to APs on employ ment opportu nities;
8) Occupa tional training and employ ment informa tion to APs free of charge.
House 2170 6 5) Two One-off cash compensation: The property value of demoli m2 hosueholds resettlement affected houses will be assessed by real estate tion with 49 options: assessment institutions with corresponding people in One-off qualifications according to relevant house assessment Hengzhuan cash methods. The compensation amount will be g compensati determined by results of evaluation based on building Community on; area, structure and class of the households to be Combinatio compensated and resettled. As the affected house n of cash evaluation has not started, according to the current compensati compensation practices in the project area, the on and affected houses of the Project is estimated to be offering with assessed as Class B of brick-concrete structure and
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Affect Impact Affected Compensati Compensation rates ed s persons on and type Resettleme nt Policies resettlement the compensation rate is 791yuan/m2. See details in houses section 5.3.1. 6) provide Resettlement houses: All eligible APs affected by HD compensati will obtain resettlement house quotas, on basis of the on on basis standards such as 33 m2 residential houses per of capita and the resettlement housing for the same AH replacement shall not exceed 300 m2 in maximum. See details in value section 5.3.2. 7) provide Other subsidies and allowances: For house moving demolition AHs including transition subsidy, moving subsidy, subsidy, subsidy for loss of working time and on- living schedule demolition rewards. See details in section allowance, 5.3.3 and table 5-5. transition subsidy and On- schedule demolition rewards 8) multiple resettlement housing communitie s are provided to AHs for their voluntary selection Groun 280 Proprietors Ground Motor-pump well: for the wells that are not used for a d trees, attachments long time, the compensation for the wells is RMB attach one will be 3000-5000 per well. The pump room is compensated ment motor- compensate according to the compensation standard for house pump d for as demolition. well stipulated. Trees: in the project-affected area is estimated 30 and yuan/plant. greenh Green house: single layer of bamboo and wood ouse structure and compensation standard is RMB 10/m2
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a 100% of resettlement subsidies will distribute to APs and the distribution scheme of land compensation fee was determined by villager representatives’ congress and agreed by at least 2/3 of the participants. As the project land acquisition has not implemented, according to the practices of current land acquisition in the affected village for other projects, in Sunjiamiao Village, 90% of land compensation fee will be distributed to affected people and another 10% will be kept by the village collective and used for the public affairs of village collective; in Shijiamiao Community and Xiaoying Village, 70% of land compensation fee will be distributed to affected people and another 30% will be kept by village collective with the same use as Sunjiamiao Vilalge. That was informed by APs and village leaders during survey. For this project, they will continue to use the scheme as before. If anything changes during RP updating and further consulation, will update and reflected in the updated RP.
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Annex 3 Outline of External Monitoring and Evaluation
(1) Purpose of resettlement monitoring and evaluation
According to the requirements of ADB's resettlement policy, external monitoring and evaluation shall be carried out for the resettlement of the project. The land acquisition and resettlement of the project shall be tracked and evaluated by checking the progress, funds and management of land acquisition, demolition and resettlement, and analyzing and comparing the changes and recovery of the production and living standards of the relocated population affected by land acquisition. In addition to providing reports to ADB, PMO and relevant competent departments, shall provide information and suggestions on a regular basis (twice a year during the implementation of resettlement) for reference in decision-making of all departments. Through external monitoring and evaluation, the ADB and the competent organization in charge of the project can have a full understanding of whether the land acquisition and resettlement of the project can achieve the expected objectives on time and with quality, and can point out the problems and put forward suggestions for improvement.
(2) Main contents of resettlement monitoring and evaluation
(i) Monitoring and evaluation of the implementation progress of land acquisition and demolition, including: (a) land acquisition progress; (b) temporary land use progress; (c) housing demolition and reconstruction progress.
(ii) Monitoring and evaluation of fund distribution and utilization, including: (a) fund allocation; (b) fund utilization (planned and actual).
(iii) Monitoring and evaluation of living standards of relocated population, including: (a) production and living standards before the relocation; (b) production and living standards after the relocation; (c) comparative analysis and evaluation of employment and living standards before and after the relocation.
(iv) Whether the affected people benefit from the project.
(v) Capacity assessment of resettlement organization, public participation and complaints.
(3) Technical route
The technical route of external monitoring and evaluation is shown in Figure 1.
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Project establishment
Compilation of outline of external monitoring and evaluation
Compilation of survey outline, survey form and log sheet of typical households
Design of the scheme of sampling
Baseline survey
Establishment of a monitoring and evaluation information management system
Monitoring survey
District social and Monitoring by the Monitoring of villages Monitoring of households economic survey resettlement affected by resettlement affected by land acquisition organization and demolition
Processing of monitoring data and database setup
Evaluation of comparative analysis
Compilation of the resettlement monitoring and evaluation report No Whether the monitoring of the resettlement project is finished?
Completion
Figure 1. Technical Route of External Monitoring and Evaluation (4) External monitoring agency
The external monitoring and evaluation of resettlement of the project shall be entrusted by PMO to an external monitoring agency approved by ADB.
(5) Organization and division of labor of resettlement monitoring and evaluation
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PMO shall entrust external resettlement monitoring and evaluation agency to carry out specific survey, data collection and computation and analysis.
The external monitoring agency shall form the "resettlement monitoring and evaluation team of the Project. Its task is to monitor and evaluate the resettlement of the project according to the safety and security policy statement of ADB, prepare the outline of monitoring and evaluation, set up monitoring points, take charge of on-site surveys, monitoring and internal work analysis, and prepare the resettlement monitoring and evaluation report.
The PMO shall cooperate in personnel, transportation and other aspects during the on-site monitoring and survey of the resettlement monitoring and evaluation team.
(6) Resettlement monitoring and evaluation methods
Monitoring and evaluation adopt the method of combination of field investigation, calculation analysis and comprehensive evaluation by experts.
Surveys shall be carried out in the way of point-surface combination. The progress, funds, institutions and management of resettlement implementation shall be comprehensively surveyed, and sampling surveys shall be conducted for relocated households.
The method of classified random sampling is adopted in the sampling survey to conduct fixed- point follow-up survey on typical samples of relocated households. (sample size: 20% of the affected households and affected villages, 50% of the affected shops, and the sample households are selected by random sampling method).
The comprehensive survey shall be carried out by means of survey forms, discussion, consultation with documents and archives, etc.
In addition to the written materials, the collection of photos, recordings, videos, physical materials and other information shall also be taken into account.
(7) Report on external monitoring and evaluation of the resettlement
According to the progress of the project and the requirements of ADB, the external monitoring and evaluation agency shall submit the monitoring report and the evaluation report to ADB and PMO on a regular basis (generally once every half a year).
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Annex 4 Laws, regulations and policies of China on resettlement
(I) Provisions on land ownership and use right
(1) The People's Republic of China implements the socialist public ownership of land, namely the ownership by the whole people and collective ownership by the working people. Land in urban areas belongs to the state. Land in rural and urban suburbs is collectively owned by farmers except for those belong to the state according to law. Homesteads, self-reserved land, and self- reserved mountains are collectively owned by farmers (Articles 2 and 8 of the Land Administration Law of the People's Republic of China (2019)).
(2) Under any of the following circumstances, if it is necessary to acquire the land collectively owned by the farmers for the sake of public benefits, the land can be acquired according to law:
1) For military and diplomatic purposes;
2) For the construction of infrastructure such as energy, transportation, water conservancy, communications and postal services organized by the government.
3) For the needs of science and technology, education, culture, health, sports, ecological environment and resource protection, disaster prevention and mitigation, cultural relics protection, comprehensive community services, social welfare, municipal utilities, preferential treatment and resettlement and heroic protection organized by the government.
4) For the needs of poverty alleviation and relocation and construction of housing projects organized by the government.
5) For the needs of development and construction in the scope of urban construction land determined by the overall land use plan and organized by the people's government at or above the county level upon approval of the people's government at or above the provincial level.
6) Other circumstances stipulated by law that the land collectively owned by farmers can be acquired for public interest. (Article 45 of the Land Administration Law of the People's Republic of China (2019))
(3) In land acquisition, fair and reasonable compensation shall be provided to ensure that the original living standards of the land-acquired farmers are not reduced and their long-term livelihood is guaranteed.
For land acquisition, the land compensation, resettlement subsidies and the compensation for residential houses, other land attachments and the young cropyoung crops shall be timely and fully paid and the cost of social security for the land-acquired farmers shall be allocated.
The standard of land compensation and resettlement subsidies for acquisition of agricultural land shall be determined by the governments of provincial level, autonomous regions, and municipalities directly under the central government through formulation and publication of comprehensive land prices. In formulating the comprehensive land price, comprehensive
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considerations shall be given to the original land use, conditions of land resources, land output value, land location, land supply-demand relationship, population and economic and social development level, and the comprehensive land price shall be adjusted or re-published once every three years.
The compensation standards for acquisition of the land other than agricultural land, land attachments and young cropyoung crops shall be determined by the governments of provincial level, autonomous regions and municipalities directly under the central government. For acquisition of residential houses of rural residents, the principles of compensation before relocation and improving their living conditions shall be followed, respects shall be given to their willingness and the compensation methods of arranging other homesteads for house construction, providing resettlement houses or monetary compensation shall be adopted to give them fair and reasonable compensation. Meanwhile, the compensation for their relocation and temporary dwelling caused thereby shall be offered to ensure their housing rights and legal rights and interests to properties.
People's governments at or above the county level shall include the land-acquired farmers into the corresponding social security system such as endowment insurance system. The social security cost for the land-acquired will mainly be used to subsidize social security premiums of the land lost farmers. As per the Article 48 of the Land Administration Law of the People's Republic of China.
(4) The people's government at or above the county level shall formulate specific measures to ensure the long-term livelihood of the land-acquired farmers. For projects with stable income, farmers might become the equity holders of these projects with use right of the construction land approved according to law. For land acquisition in the urban planning area, the local people's government shall include the land-lost farmers due to land acquisition into the urban employment system and set up a social security system. For land acquisition outside the urban planning area, the local people's government shall reserve necessary cultivated land or arrange corresponding jobs for the land-acquired farmers in its administrative area and shall implement off-site resettlement of the land-lost farmers without basic production and living conditions (Article 13 of Regulations of the State Council on Deepening Reform of Land Management).
(II) Provisions on house acquisition
(1) For the public interest, collectively-owned land and houses and other immovable assets of units or individual may be acquired in accordance with the authority and procedures prescribed by law. For acquisition of collectively-owned land, the land compensation, resettlement subsidies and the compensation for land attachments and young cropyoung crops shall be fully paid according to law and the cost of social security for the land-acquired farmers shall be arranged to ensure the living and safeguard the legitimate rights and interests of land-acquired farmers. For acquisition of the houses and other immovable assets of units or individuals, compensation shall be provided according to law to safeguard the legitimate rights and interests of the assets- acquired units or individuals. For acquisition of residential houses of individuals, the living conditions of the house-acquired persons shall also be guaranteed (Article 42 of the Property Law of the People's Republic of China).
(2) The name or title of the house-acquired individuals or units, the house nature, house use and construction area shall be subject to the registration on the property ownership certificate issued
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by the immovable asset registration authority. Where the property ownership certificate has no registration or the registered information conflicts with the reality, the property ownership certificate shall prevail unless there are evidences showing that the registered information on the certificate is wrong. (Article 14 of Measures for Implementing House Acquisition on State-owned Land and Compensation in Hubei Province)
(3) The house acquisition department shall, in accordance with the relevant laws and regulations, investigation results and calculations, formulate an acquisition and compensation plan and report it to the municipal and county-level people's governments. The municipal and county-level people's governments shall organize releant departments to discuss and publicize the acquisition and compensation plan and solicit public opinions. The period for soliciting opinions shall not be less than 30 days.
The house acquisition and compensation plan shall contain the following: purpose of house acquisition and the legal basis for house acquisition and compensation; scope of house acquisition and the basic information on the houses to be acquired; methods, standards and calculation of the compensation; the basic information on and delivery time of the houses for property exchange; standards and calculation of compensation for loss from production and business suspension; time limit to sign the acquisition and compensation agreement; time limit of relocation, the relocation and transition method and transition period; standards and calculation of subsidies and awards; name of the entrusted agency implementing the house acquisition; other matters. (Article 17 of Measures for Implementing House Acquisition on State-owned Land and Compensation in Hubei Province)
(4) Before making a decision on house acquisition, the compensation shall be fully allocated, saved in special accounts and used for special purpose. Where the compensation is not fully allocated, no decision on house acquisition may be allowed. Where the property exchange is adopted to compensate the house-acquired person, the value of the houses for property exchange shall be included into the total compensation for acquisition. (Article 22 of Measures for Implementing House Acquisition on State-owned Land and Compensation in Hubei Province)
(III) Provisions on disclosure of land acquisition information
(1) The land acquisition by the state shall be announced and organized by the people's governments at or above the county level after approval in accordance with legal procedures.
Where a people's government at or above the county level intents to apply for land acquisition, it shall conduct an investigation on the current status of the land to be acquired and the social stability risk assessment, announce the acquisition scope, current status of land, acquisition purpose, compensation standard, resettlement method and social security in the town, village and village groups of the land for at least thirty days to solicit opinions of the rural collective economic organizations, their members and other stakeholders.
If most members of the rural collective economic organization whose land is to be acquired think that the land acquisition and compensation plan does not comply with the laws and regulations, the people's governments at or above the county level shall organize the hearing and amend the plan in accordance with the laws and regulations as well as the hearing results.
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The property right owners and land right users of the land to be acquired shall, within the time limit specified in the announcement, bring their property right certificates to register the relevant information. The people's governments at or above the county level shall organize relevant departments to measure and fully allocate the relevant costs, sign the compensation and resettlement agreements with the property right owners and land right users. If it is indeed difficult to reach an agreement with some individuals, the reality shall be truthfully explained when applying for land acquisition. (Article 47 of the Land Administration Law of the People's Republic of China (2019))
(2) In the process of land acquisition, the ownership right of the farmers to the collectively-owned land and the farmers' rights and interests in land contracting shall be safeguarded. Before approval on the land acquisition according to law, the use, location, compensation standard and resettlement channels of the land to be acquired shall be informed to the land-acquired farmers. Rural collective economic organizations and farmers will confirm the investigating results. Where necessary, the competent department of land and resources shall organize the hearing according to relevant regulations. Relevant materials that are known and confirmed by the land-acquired farmers shall be adopted as necessary materials for approval on land acquisition. The improved coordination and adjudication mechanism for disputes over land acquisition, compensation and resettlement shall be established as soon as possible to safeguard the legitimate rights and interests of land-acquired farmers and the land users. The approved matters of land acquisition shall be publicized except in special circumstances. (Article 14 of Regulations of the State Council on Deepening Reform and Strict Land Management)
(3) The people's governments of provinces, autonomous regions, and municipalities directly under the central government shall formulate the allocation method of land compensation within the rural collective economic organizations based on the principle that land compensation is mainly used for land-acquired farmers. The rural collective economic organization whose land is acquired shall announce the income, expenditure and distribution of the compensation for land acquisition to its members and accept their supervision. Departments of agriculture and civil affairs shall strengthen supervision over the allocation and use of land compensation within rural collective economic organizations. (Article 15 of Regulations of the State Council on Deepening Reform and Strict Land Management)
(4) The administrative organs shall establish a sound government information disclosure mechanism to disclose the actively disclosed government information through government bulletins, government websites or other government's internet media, press conferences, newspapers, radio, and television. (Article 23 of Regulations of the People's Republic of China on Disclosure of Government Information)