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PRC: Anhui Chao Lake Environmental Rehabilitation Project

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PRC: Anhui Chao Lake Environmental Rehabilitation Project Resettlement Plan Project Number: 44036 January 2017 PRC: Anhui Chao Lake Environmental Rehabilitation Project Prepared by Chaohu ADB Loan Project Office For Chaohu City 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. 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. The Newly-added Subproject in Mid-term Adjustment of Water Environment Improvement Project of Anhui Chao Lake Basin Loaned by Asian Development Bank Resettlement Plan (For Project Scope Change) Project number: Loan 2941 The Water Environment Improvement Engineering of the City Proper of Chaohu City of Water Environment Improvement Project of Anhui Chao Lake Basin Loaned by Asian Development Bank (Mid-term Adjustment) The working group of the people’s government of Chaohu City of the project loaned by Asian Development Bank January, 2017 1 Contents CONTENTS ....................................................................................................................................................... 1 EXECUTIVE SUMMARY .......................................................................................................................... 1 1.1 PROJECT OVERVIEW, LAND REQUISITION AND IMPACTS OF RESETTLEMENT ............. 1 1.2 PRINCIPLES AND RIGHTS OF RESETTLEMENT ........................................................................... 4 1.3 PUBLIC PARTICIPATION AND APPEAL .......................................................................................... 4 1.4 RESETTLEMENT AND LIVELIHOOD RECOVERY ........................................................................ 5 1.5 ORGANIZATIONS ................................................................................................................................... 5 1.6 COST AND SCHEDULE ....................................................................................................................... 6 1.7 MONITORING AND EVALUATION .................................................................................................... 6 2 PROJECT OVERVIEW .............................................................................................................................. 7 2.1 PROJECT CONTEXT .............................................................................................................................. 8 2.2 PROJECT DESCRIPTION ...................................................................................................................... 9 2.2.1OVERVIEW OF THE RECONSTRUCTION AND IMPROVEMENT PROJECT OF THE SEWAGE PIPE NETWORK IN THE CITY PROPER .............................................................................. 9 2.3 OVERVIEW OF THE PROJECT-AFFECTED AREA AND THE RESETTLEMENT IMPACT 14 2.4 THE SOCIOECONOMIC PERFORMANCE OF THE PROJECT................................................... 14 2.5 PROJECT INVESTMENT AND IMPLEMENTATION PLAN ......................................................... 15 2.6 MEASURES TO REDUCE THE IMPACTS OF LAND ACQUISITION AND IMMIGRATION . 15 2.7 GOALS OF THE RESETTLEMENT PLAN ........................................................................................ 16 3 SCOPE OF LAND ACQUISITION AND RESETTLEMENT............................................................... 17 3.1 THE COLLECTIVE LAND REQUISITIONED BY THE PROJECT .............................................. 17 3.1.1 COLLECTIVE LAND REQUISITION.............................................................................................. 17 3.1.2 IMPACT ANALYSIS OF THE COLLECTIVE LAND REQUISITION ....................................... 17 3.1.3THE LAND USED BY ENTERPRISES REQUISITIONED BY THE PROJECT ......................... 19 3.2 THE PROJECT’S TEMPORARY OCCUPATION OF LAND .......................................................... 19 3.3THE HOUSES REQUISITIONED BY THE PROJECT ...................................................................... 19 3.4 THINGS IMMOVABLY ATTACHED TO THE LAND ..................................................................... 19 3.5DISADVANTAGED GROUPS AFFECTED BY THE PROJECT ...................................................... 20 4 SOCIAL ECONOMIC INFORMATION AND SITUATION ................................................................ 21 1 4.1 SITUATIONS OF THE CITIES AND TOWNS AFFECTED BY THE PROJECT ......................... 21 4.2 INVESTIGATION AND ANALYSIS OF THE AFFECTED VILLAGES ........................................ 24 4.3 SAMPLE INVESTIGATION ................................................................................................................. 25 4.3.1 SAMPLING PROPORTION ............................................................................................................... 25 4.3.2 POPULATION OF THE SAMPLE HOUSEHOLD .......................................................................... 25 4.3.3 FAMILY PROPERTY ......................................................................................................................... 26 4.3.4INCOME AND EXPENSE OF THE SAMPLE HOUSEHOLD ....................................................... 26 4.3.5 SURVEY OF THE IMMIGRANTS’ WILLS .................................................................................... 27 4.4 GENDER ANALYSIS ............................................................................................................................. 28 4.5 ETHNIC MINORITIES .......................................................................................................................... 28 5LEGAL FRAMEWORK AND POLICIES ............................................................................................... 28 5.1LAWS, REGULATIONS AND POLICIES THE RESETTLEMENT IS BASED ON ...................... 28 5.2ASIAN DEVELOPMENT BANK POLICY BRIEF .............................................................................. 30 5.3MAIN DIFFERENCES BETWEEN THE ASIAN DEVELOPMENT BANK POLICIES AND THE CHINESE LAWS .......................................................................................................................................... 37 5.3.1LAND RESETTLEMENT COMPENSATION .................................................................................. 37 5.3.2CONSULTATION AND ANNOUNCEMENT ................................................................................... 37 5.3.3LACK OF LEGAL RIGHTS ................................................................................................................ 37 5.3.4RESETTLEMENT MONITORING, EVALUATION AND REPORT ............................................ 37 5.4COMPENSATION PRINCIPLES OF THIS PROJECT ...................................................................... 37 5.5COMPENSATION EXPIRATION DATE ............................................................................................. 38 5.6DETERMINATION OF THE COMPENSATION STANDARD OF THE PROJECT’S RESETTLEMENT IMPACTS ........................................................................................................................ 39 5.6.1COLLECTIVE LAND REQUISITION .................................................................................................. 39 5.6.2REQUISITION OF THE ENTERPRISE’S OWNERSHIP OF LAND ................................................... 40 5.6.3COMPENSATION FOR THE ATTACHMENTS AND INFRASTRUCTURE .................................... 41 5.6.4OTHER EXPENSE STANDARDS ......................................................................................................... 41 5.6.5VULNERABLE GROUPS ...................................................................................................................... 42 5.6.6WOMEN-SUPPORTING MEASURES .................................................................................................. 42 5.7APPROPRIATION OF COMPENSATION FUNDS AND TIME ARRANGEMENT ............................. 43 5.8COMPENSATION ENTITLEMENT ........................................................................................................ 44 6RESETTLEMENT PLAN AND INCOME RESTORATION MEASURES ................................................ 47 2 6.1OBJECTIVES, METHODS AND PRINCIPLES OF RESETTLEMENT AND RESTORATION ........... 47 6.1.1 OBJECTIVES OF RESETTLEMENT AND RESTORATION ............................................................. 47 6.1.2 METHODS OF RESETTLEMENT AND RESTORATION ................................................................. 47 6.1.3PRINCIPLES OF RESETTLEMENT AND RESTORATION ............................................................... 48 6.2RESETTLEMENT OF PEOPLE AFFECTED BY LAND REQUISITION .............................................. 48 6.3MEASURES OF RESTORATION OF THE PERMANENT REQUISITIONED LAND OF THE AFFECTED VILLAGES ................................................................................................................................. 49 6.4ENDOWMENT INSURANCE MEASURES OF THE LAND-LOST FARMERS ................................... 50 6.5AFFECTED PEOPLE TAKING SKILL TRAINING ................................................................................ 51 6.6PROTECTION OF WOMEN’S RIGHTS AND INTERESTS .................................................................. 53 6.7ASSISTANCE MEASURES
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