Jiangxi Pingxiang Integrated Rural–Urban Infrastructure Development Project —Yin River Town Zixi Rehabilitation Works
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Resettlement Plan April 2019 People’s Republic of China: Jiangxi Pingxiang Integrated Rural–Urban Infrastructure Development Project —Yin River Town Zixi Rehabilitation Works Prepared by the Luxi County Government (LCG), Luxi Project Management Office of the Jiangxi Pingxiang Integrated Rural-Urban Infrastructure Development Project for the People’s Republic of China and the Asian Development Bank. 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. ADB-financed Zixi Environmental Management Subproject in Yinhe Town, Luxi County ADB-financed Zixi Environmental Management Subproject in Yinhe Town, Luxi County Resettlement Plan Luxi County Government (LCG) Luxi Project Management Office (PMO) April 2019 Executive Summary 1. Overview of the Subproject The Subproject is located in Luxi County, Pingxiang City, Jiangxi, and consists of River Management, Road Reconstruction, Building Renovation and Integrated Environmental Management in Zixi Village. 2. LA and HD According to the preliminary design and the fieldwork, the Subproject will affect 310 households with 1,350 persons in 7 groups of Zixi Village, Yinhe Town, Luxi County, and the main types of impacts are permanent LA, temporary land occupation, HD, infrastructure and ground attachments, etc. Except the land for community service center of the Integrated Environmental Management Component, a total of 56.09 mu of collective land will be acquired for the Subproject, affecting 310 households with 1,350 persons in 7 groups of Zixi Village, Yinhe Town, Luxi County, including 26.68 mu for River Management (47.57%), 4.87 mu for Road Reconstruction (8.68%), 3.25 mu for Building Renovation (5.79%), and 21.29 mu for Integrated Environmental Management (37.96%). By land type, the acquired land includes 41.05 mu of irrigated land (73.19%), 5.98 mu of vegetable land (10.66%), 2.8 mu of garden land (4.99%), 3.3 mu of non-irrigated land (5.888%), 0.46 mu of woodland (0.82%), and 2.5 mu of fishpond (4.46%). Except land to be acquired by Road Construction Component, farmland has not been contracted to households in the subproject area, the affected population of each group is its entire population. For community service center of the integrated Environmental Management Component, 14.89 mu land will be taken back use right, affecting 26 households with 154 persons in Baishitang group. 4.5 mu of collective land will be occupied temporarily for the Subproject, affecting 190 households with 816 persons. Rural farm storage houses of 1,030.56 m2 will be demolished for the Subproject, all caused by Integrated Environmental Management, including 150.52 m2 in masonry concrete structure (14.61%), and 880.04 m2 in masonry timber structure (85.34%), affecting 13 households with 69 persons, including 3 households with 16 persons in Baimatian Group, 5 households with 29 persons in Xiaojiashan Group and 5 households with 24 persons in Baishitang Group. All these houses are not for living. 3. Policy framework and entitlements 1) LA The policy framework and compensation rates for the Subproject are based on the Land Administration Law of the PRC (2004), Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition, Measures of Jiangxi Province for the Implementation of the Land Administration Law of the PRC, and Uniform AAOV Rates and Location-based Composite Land Prices of Jiangxi Province (JPG [2015] No.81). See Tables 1 and 2. For land that are not allocated to any specific households, the compensation will go to the village collectives and distributed among villagers or used for development through consultation For land that were allocated to specific households (i.e., in the case of road reconstruction component), the compensation will go to the village collectives, which will then be distributed to the affected households. According to consultations with village committee and affected persons, all compensation will be distributed to the affected households i Table 1 LA Compensation Rates Irrigated land, Non-irrigated Uniform vegetable land, garden Wasteland Woodland No. County Town Multiple land2 AAOV land, fishpond (yuan/mu) (yuan/mu) (yuan/mu) (yuan/mu) 1 Luxi Yinhe 2193 16.5 36185 24244 7237 12665 Table 2 Young Crop Compensation Rates Young crop compensation rate (yuan/mu) No. County Town Irrigated land, vegetable land, Non-irrigated land garden land 1 Luxi Yinhe 2193 1469 2) Land Use Right Withdrawal (Land Recovery) Since the land use rights will be reclaimed or recovered by the village collective as part of its public utilities undertaking, according to surveys and consultations with the village committee and affected persons, it is agreed that compensation rate for land use right withdrawal 3 is 20,000 yuan/mu. The full amount will be directly provided to the households affected by land recovery. 3) Temporary land occupation The compensation rate for temporary land occupation is 3,000 yuan/mu/year, and compensation will be based on the actual period of occupation. The temporarily occupied land will be reclaimed by the land user. 4) Impacts on Secondary Structures (farm storage and oil mill for household use) The Subproject does not involve demolition of rural houses. The structures are subsidiary/secondary houses to be demolished and will be compensated at replacement cost. The compensation rates are determined through consultation and exclude land price (which is included in LA compensation with rate of 24244 yuan/mu). See Table 3. Table 3 HD Compensation Rates Compensation rate Type Structure / item Unit (yuan) Masonry concrete m2 100 Masonry timber m2 100 Compensation Simple m2 50 Shed m2 50 Telephone / 200 Cable TV / 200 Subsidies Broadband / 200 Tap water / 200 5) Attachments and infrastructure The compensation rates for attachments and infrastructure affected by the Subproject will 2 Including housing land. 3 Article 65 of Land Administration Law of PRC presents that under any of the following circumstances, a rural collective economic organization may, with the approval of the people’s government that originally approved the use of land, take back the land-use right: (1) The land is needed for constructing township (town) or village public utilities or public welfare undertakings; (2) The land is used at variance with the approved purposes; or (3) The use of land is terminated because, among other things, the unit concerned is dissolved or moved away. The user granted with the land-use right shall be compensated appropriately when the land owned by the peasant collective is taken back according to the provisions of sub-paragraph (1) of the preceding paragraph in this Article. ii compensated at replacement cost which is based on those of similar projects in Luxi County. See Table 4. Table 4 Compensation Rates for Attachments and Infrastructure Item Unit Compensation rate Public toilet / 1000 10KV telegraph pole / 500 380V telegraph pole / 800 Transformer / 1000 Water canal m2 60 Tomb (earth) / 1500 Tomb (cement) / 2000 Greenhouse (structure) m2 20 Pumped well / 500 Scattered tree / 100 4.Livelihood restoration and resettlement 1) Livelihood restoration Income restoration measures include cash compensation, skills training, agricultural development, social security, etc. Since the land acquired for the Subproject is small and scattered, it will have little impact on the agricultural production of most AHs. Temporarily occupied farmland will be reclaimed by the land user, and temporarily occupied rural roads restored by the contractor immediately after the completion of construction. 2) HD resettlement The rural houses to be demolished for the Subproject are mostly buildings completed before 1980 demolished for Integrated Environmental Management Component, with a total area of 1,030.56 m2, affecting 13 households with 69 persons. These houses include 11 abandoned houses and two household’s oil extraction mill, so HD will have no residential impact. In addition, the to be demolished houses have such problems as unsound indoor facilities and infrastructure, aged structure, and poor lighting and ventilation. HD for the Subproject will provide an opportunity for the AHs to improve the living environment, and the AHs will also receive cash compensation. In the social and economic investigation, after preliminary consultation between the PMO and Zixi Village, Yinhe Town, and the AHs, all affected AHs whose subsidiary houses will be demolished agreed on full cash compensation. 5. Vulnerable groups and women The Subproject will affect 4 vulnerable households with 7 persons, including two old persons living alone and two MLS households. The Subproject will affect 623 women (46.15% of the affected population). During subproject implementation, women will enjoy the same rights of information, participation and compensation as men. Unskilled jobs generated at the construction and operation stages will be first made available to women. Women will receive equal pay for equal work, and enjoy priority in skills training. Among the 1,000 person days of training opportunities to be available under the Subproject in total, not less than 500 person days of training will be provided to women (over 50%). A special FGD with women will be held to introduce resettlement policies and improve women’s awareness. 6. Public participation and information disclosure All APs have been informed of the key points of this RP by various means and involved in the Subproject, such as meeting, interview, FGD, public participation meeting and community consultation, and their opinions have been well incorporated into this RP. The Resettlement Information Booklet (RIB) will be distributed to the APs or groups in May 2019.