Technical Assistance Consultant’s Report
Project Number: 44020 March 2012
People’s Republic of China: Gansu Urban Infrastructure Development and Wetland Protection Project
FINAL REPORT (Volume IV of V)
Prepared by HJI Group Corporation in association with Easen International Company Ltd
For the Gansu Provincial Finance Bureau
This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and ADB and the Government cannot be held liable for its contents. (For project preparatory technical assistance: All the views expressed herein may not be incorporated into the proposed project’s design.
Gansu Urban Infrastructure Development and Supplementary Appendix 8 Wetland Protection Project (TA 7609-PRC) Final Report
Supplementary Appendix 8 Dingxi Subproject Resettlement Plan
GANSU URBAN INFRASTRUCTURE DEVELOPMENT AND WETLAND PROTECTION PROJECT
Dingxi Urban Infrastructure Development Component
(ADB No: -PRC)
RESETTLEMENT PLAN
Dingxi ADB Project Management Office
30 March 2012
Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Abbreviation
ADB Asian Development Bank
APs Affected Persons
AV Administrative Village
HH Household
CRO Client Resettlement Office
DPMO Dingxi Project Management Office
DUCIAM Dingxi Urban Construction & Investment and Asset Management Ltd Co.
mu 1mu = 0.006 ha
PAH Project Affected Household
PAP Project Affected Person
PRO Project Resettlement Office
RMB China yuan, the unit of Chinese currency
RP Resettlement Plan
SES Social Economic Survey
Twp Township
¥ CNY
Note: All abbreviations were explained in the text.
Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
ENDORSEMENT LETTER OF RESETTLEMENT PLAN
Asian Development Bank:
The Resettlement Plan (hereinafter referred to as RP) of the Dingxi Urban Infrastructure Development Component of ADB Financed Gansu Urban Infrastructure Development and Wetland Protection Project (the Project) is prepared and compiled in accordance with relevant resettlement regulations of ADB Safeguard Policy Statement and relevant laws and legislations of the China Government. During implementation of the Project, we will strictly abide by this RP.
Date: February 2012
Signature:
Director:
Dingxi ADB Project Management Office
i Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...... 1
E1. DESCRIPTION OF THE PROJECT AND LAND ACQUISITION AND RESETTLEMENT IMPACTS ...... 1
E2. RESETTLEMENT PRINCIPLES AND ENTITLEMENTS ...... 1
E3. PUBLIC PARTICIPATION AND GRIEVANCE ...... 2
E4. RESETTLEMENT AND LIVELIHOOD REHABILITATION ...... 2
E5. INSTITUTIONAL ARRANGEMENT...... 2
E6. COST AND SCHEDULE ...... 3
E7. MONITORING AND EVALUATION ...... 3 I． PROJECT OVERVIEW ...... 4
1.1 INTRODUCTION OF DINGXI CITY ...... 4
1.2 PROJECT CONTENTS ...... 4
1.3 AFFECTED REGIONS ...... 5
1.4 MEASURES TO MITIGATE IMPACTS ...... 1 1.4.1 Measures Adopted at the Project Design Stage ...... 1
1.4.2 Measures to Be Adopted during LAR ...... 2
1.4.3 Measures to Be Adopted during Construction...... 2
1.5 PREPARATION AND PROGRESS OF THE PROJECT ...... 3
1.6 OWNERSHIP OF THE COMPONENT ...... 3 II. PROJECT IMPACT ANALYSIS ...... 4
2.1 DEFINITION OF PROJECT IMPACT ...... 4
2.2 PROJECT IMPACT SURVEY ...... 5
2.3 PROJECT IMPACTS ...... 6
2.4 IMPACTS OF LAND ACQUISITION...... 6 2.4.1 Land Acquisition ...... 6
2.4.2 Temporary Land Occupation ...... 13
2.5 AFFECTED BUILDINGS ...... 13 2.5.1 Affected Residential Buildings ...... 13
2.5.2 Affected Buildings of Enterprises and Institutions ...... 13
2.5.3 Affected Temporary Buildings ...... 17
2.5.4 Affected Attachments on the Buildings ...... 17
2.6 AFFECTED VULNERABLE GROUPS ...... 17
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2.6.1 Identification of Affected Vulnerable Groups ...... 17
2.6.2 Affected Families of Vulnerable Groups ...... 18 III. SOCIO-ECONOMIC SURVEY ...... 19
3.1 GENERAL INTRODUCTION OF SOCIO-ECONOMIC DEVELOPMENT OF THE REGIONS AFFECTED BY THE PROJECT ...... 19 3.1.1 Population ...... 19
3.1.2 Socio-economic development of Anding District ...... 19
3.2 GENERAL SITUATION OF AFFECTED VILLAGES ...... 20
3.3 SAMPLE SURVEY ...... 22 3.3.1 Sample Selection ...... 22
3.3.2 Basic Charactaristics of Sampling Households ...... 22
3.3.3 Revenue Situation of Affected Households ...... 27
3.3.4 Expenditure Structure of Affected Households ...... 28
3.3.5 Building Structure ...... 29
3.3.6 Land Characteristics ...... 29
3.3.7 Impacts after LAR ...... 30
3.3.8 Affected People’s Basic Understands on LAR ...... 33
3.3.9 IMPACT ON ETHNIC MINORITIES AND GENDER ...... 36
3.4 ASSESSMENT OF SOCIAL IMPACT ...... 37 IV. LEGAL AND POLICY FRAMEWORK ...... 38 4.1 GENERAL ...... 38
4.2 POLICY BASIS...... 38 4.2.1 Relevant Laws and Provisions Enacted by the Central Government ...... 38
4.2.2 Regulations and Policies Enacted by the People’s Government of Gansu Province ..... 38
4.2.3 Regulations and Policies Enacted by the DMG ...... 39
4.2.4 ADB’s Policies on Involuntary Resettlement ...... 39
4.3 SUMMARY OF MAIN LAWS, REGULATIONS AND POLICIES ...... 39 4.3.1 Summary of Relevant National and Provincial Laws and Regulations ...... 39
4.3.2 Abstracts of related regulations and rules of Gansu Province ...... 44
4.3.3 ADB’s Relevant Policies on Involuntary Resettlement ...... 45
4.3.4 Comparison of ADB’s involuntary resettlement policies with the PRC’s LAR policies . 46
4.4 TARGET OF RESETTLEMENT ...... 47
4.5 COMPENSATION CONDITIONS ...... 48
4.6 COMPENSATION PRINCIPLES ...... 48
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4.7 COMPENSATION STANDARDS ...... 49 4.7.1 Land Compensation Standards ...... 49
4.7.2 House Compensation ...... 49
4.7.3 Compensation for Business Operation ...... 51
4.7.4 Compensation for Temporal Housing ...... 51
4.8 ENTITLEMENT MATRIX ...... 52 V. PUBLIC PARTICIPATION AND CONSULTATION ...... 55
5.1 PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES PERFORMED ...... 55
5.2 FEEDBACK ON PUBLIC PARTICIPATION AND CONSULTATION ...... 56
5.3 CONSULTATION PLAN WITH AFFECTED POPULATION ...... 58
5.4 METHODS OF CONSULTATION OF AFFECTED POPULATION DURING PROJECT IMPLEMENTATION ...... 59 5.4.1 Direct Meeting ...... 59
5.4.2 Indirect Consultation ...... 59
5.5 INFORMATION DISCLOSURE ...... 59 VI. IMPLEMENTATION PLAN FOR RESETTLEMENT AND REHABILITATION ...... 61
6.1 OBJECTIVES AND PRINCIPLES ...... 61 6.1.1 Objectives of resettlement and rehabilitation ...... 61
6.1.2 Principles of Resettlement and Rehabilitation ...... 61
6.2 THE RELOCATEES’ WILLINGNESS OF RESETTLEMENT ...... 62
6.3 THE RESETTLEMENT OF RURAL HOUSEHOLDS ...... 63
6.4 RESETTLEMENT AND REHABILITATION OF AFFECTED SMALL BUSINESSES ...... 66
6.5 RESETTLEMENT PLAN OF BEIERSHIPU ...... 68
6.6 REHABILITATION OF THE LIVING CONDITIONS OF FARMERS AFFECTED BY LAND ACQUISITION ...... 68
6.6.1 The Overall Plan ...... 68
6.6.2 The RP for APs’ production ...... 69
6.7 TRAINING FOR LANDLESS PEASANTS ...... 71
6.8 SOCIAL SAFEGUARD FOR AFFECTED POOR AND VULNERABLE GROUPS ...... 72
6.9 REHABILITATION OF SPECIAL FACILITIES ...... 73
6.10 SCHEDULE OF RESETTLEMENT AND REHABILITATION ...... 73 VII. BUDGET AND MANAGEMENT OF RESETTLEMENT ...... 76
7.1 COMPOSITION OF RESETTLEMENT FUND ...... 76 7.1.1 Land acquisition compensation ...... 76
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7.1.2 Relocation compensation ...... 76
7.1.3 Specialized compensation for rehabilitation and conversion ...... 77
7.1.4 Administrative cost ...... 77
7.1.5 Other relevant costs ...... 77
7.1.6 Contingency cost ...... 77
7.2 RESETTLEMENT BUDGET ...... 77
7.3 ALLOCATION AND PAYMENT OF RESETTLEMENT FUND ...... 80 7.3.1 Resettlement fund receivers ...... 80
7.3.2 Source and flow of resettlement fund ...... 81
7.4 PAYMENT, MANAGEMENT AND MONITORING OF RESETTLEMENT FUND ...... 81 7.4.1 Payment of resettlement fund ...... 81
7.4.2 Management and monitoring of resettlement fund ...... 82 VIII. RESETTLEMENT ORGANIZATIONS ...... 83
8.1 ORGANIZATIONAL STRUCTURE ...... 83
8.2 RESPONSIBILITIES OF ORGANIZATIONS ...... 85 8.2.1 Resettlement Leading Group ...... 85
8.2.2 Dingxi Foreign Load Office ...... 85
8.2.3 DUCIGC (Dingxi Project Management Office) ...... 85
8.2.4 Anding Urban Construction Bureau ...... 86
8.2.5 Dingxi Land Resources Administration Bureau, Anding Branch ...... 86
8.2.6 Anding Urban Housing Demolishment Office ...... 86
8.2.7 Township Resettlement Group ...... 87
8.2.8 Village Committee Resettlement Group ...... 87
8.2.9 External monitoring organization ...... 87
8.3 PERSONNEL AND FACILITIES OF RESETTLEMENT ORGANIZATIONS AT ALL LEVELS ...... 88
8.4 MEASURES FOR INSTITUTIONAL STRENGTHENING ...... 89 IX. COMPLAINTS AND APPEALS ...... 91
9.1 METHODS OF COLLECTING DISSATISFACTION AND COMPLAINTS ...... 91
9.2 PROCEDURE OF COMPLAINING AND APPEALING ...... 91
9.3 PRINCIPLES OF HANDLING COMPLAINTS ...... 92
9.4 CONTENTS AND WAYS OF REPLYING TO COMPLAINTS ...... 92 9.4.1 Replies to complaints ...... 92
9.4.2 Ways of replying complaints ...... 92
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9.5 RECORDS OF COMPLAINTS AND APPEALS AND RELEVANT FEEDBACK...... 92
9.6 CONTACT INFORMATION FOR COMPLAINTS AND APPEALS ...... 93
9.7 BUDGET FOR COMPLAINTS AND APPEALS MANAGEMENT ...... 94 X. RESETTLEMENT MONITORING ...... 95
10.1 INTERNAL MONITORING ...... 95 10.1.1 Purpose and principles ...... 95
10.1.2 Procedure of internal monitoring ...... 95
10.1.3 Contents of internal monitoring ...... 97
10.1.4 Methods of internal monitoring ...... 98
10.1.5 Internal monitoring agency and personnel assignment ...... 101
10.1.6 Responsibility of internal monitoring agency ...... 102
10.1.7 Cycle of internal monitoring and reporting ...... 102
10.2 EXTERNAL MONITORING ...... 102 10.2.1 Purpose of external monitoring ...... 102
10.2.2 External monitoring organization and monitoring personnel ...... 103
10.2.3 Assignments of the external monitoring organization ...... 103
10.2.4 Means and procedures of external monitoring ...... 103
10.2.5 Contents of independent monitoring ...... 104
10.2.6 Reporting system for independent monitoring ...... 107 APPENDIX I RESETTLEMENT INFORMATION BOOKLET ...... 118 I. General situation of the project ...... 118
II. Laws and regulations and compensation rates in regard to land acquisition ...... 118
III. Predicted implementation time ...... 120
IV. Rights and obligations of affected population ...... 120
V. Assistance to vulnerable households ...... 121
VI. Land acquisition and relocation agencies ...... 122
VII. Right to interpret the booklet ...... 122
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EXECUTIVE SUMMARY
E1. Description of the Project and Land Acquisition and Resettlement Impacts
1. The Dingxi Urban Infrastructure Development Component (the Project) of ADB Financed Gansu Urban Infrastructure Development and Wetland Protection Project consists of four components including: (i) Urban Road Construction and Improvement (6 new roads and 1 improved); (ii) Bridge Construction; (iii) Stormwater and Sewage Works; (iv) Road Ancillary works such as lighting and landscape. The last three components will be constructed within the existing rights-of way of the roads, so will not cause any resettlement impacts. Therefore, this Resettlement Plan focuses only on component one.
2. The Project will affect eleven (11) groups, four (4) village committees, one (1) town. In total, 988.57 mu1 of land will be acquired permanently, while 60 mu of land will be occupied temporarily. Among the permanently acquired land, 926.57 mu are collective-owned and 62 mu are state-owned. 323 households and 1,419 persons in total will be affected due to the land acquisition. The total area of buildings to be demolished is 34,729 square meters. 121 rural households and 472 persons in total will be affected due to the house relocation. 27 small businesses with a total affected structure area of 4,986 square meters will be affected by relocation.
E2. Resettlement Principles and Entitlements
3. The RP was prepared in compliance with the Land Administration Law of the People’s Republic of China (2004), Law of the People's Republic of China on Administration of the Urban Real Estate (2007 Revised); Regulations regarding the Administration of Urban Housing Relocation (implemented from January 21, 2011); Guidelines Regarding Urban Housing Demolition and Relocation Estimation, and other applicable regulations. The RP was also based on local policies regarding land acquisition and resettlement (LAR) in Gansu Province and Dingxi City, and ADB’s Safeguard Policy Statement (June 2009). Based on consultation with the local governments and affected persons (APs), Dingxi Urban Construction & Investment and Asset Management Ltd Co., (or Dingxi ADB Project Management Office), the implementing agency (IA), has adopted a set of resettlement principles and an entitlement matrix: (1) Compensation for land acquisition, residential housing, and non-residential buildings will be paid to the APs; (2) For land acquisition, compensation fees include land compensation, a resettlement subsidy, and compensation for crops and trees; (3) compensation for private business running buildings will be paid to the APs; (4) all house buildings will be paid compensation for housing site land, structure replacement and other relocation allowance; (5) house attachments will be compensated for structure replacement cost without compensation for housing site land; (6) the compensation payments will be in cash according to the appraised value of the land and fixed property
1 “mu” is a Chinese measuring unit for land and equals to 667 square meters.
1 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component assets; (7) Compensation for crops, trees, other facilities, and temporary impacts will be paid directly to the APs; and (8) Income losses resulting from reduced production and/or sales and wages caused by the Project will be assessed and compensated in cash.
E3. Public Participation and Grievance
4. From December 2010 to May 2011, a series of consultation activities were carried out with the APs, resettlement communities (RCs), institutions and enterprises, and other project stakeholders. The APs have participated in the preparation of the RP through the measurement and socioeconomic surveys, and community meetings. Their concerns and comments have been integrated into the RP. Further consultations will be held during the implementation of the RP. A grievance procedure has been established for the APs to redress their LAR issues, including four channels: (i) RCs or local resettlement offices (ROs), (ii) ROs of the Project; (iii) DPMO; and (iv) taking legal action to the people’s court.
E4. Resettlement and Livelihood Rehabilitation
5. To minimize the resettlement impacts to the APs and restore their living standards, detailed programs of restoration and relocation have been arranged in the RP. Based on the socioeconomic survey and analysis of the affected households, and local experiences in relocation and resettlement of similar projects, measures for resettlement and income restoration have been prepared. These measures include monetary compensation, unified resettlement housing, provision of economically affordable housing, distribution of living expenses to the APs, employment creation by the local safeguard system, skill training for the APs, employment related to the Project, and non-monetary support and so on.
6. About 62 mu of state-owned land and 926.57 mu of collectively-owned land will be compensated in cash based on the type of land loss. About 60 mu of land will be occupied temporarily along the roads to be constructed. In terms of house relocation, monetary compensation will be paid to 121 households based on their choices. About 98 households chose collective resettlement in a new community (to be built new houses by themselves after being compensated). Some households like to purchase economic houses; 5 households opt to build houses by themselves at the same village groups and will get cash compensation for their structures and have the option to choose relocation sites in their own village subject to approval for building their houses from the village collective committees. About 27 small businesses will suffer demolition impacts. They will be compensated for their lost assets, relocation and transitional allowance will be covered. 51 employees will be affected but not suffer from income losses.
E5. Institutional Arrangement
7. The DPMO will assume the overall responsibility for the implementation of the LAR, including the planning, implementation, financing, and reporting of the LAR. The DUCIAM will take the primary responsibility for the resettlement consultation, implementation, and timely delivery of entitlements. To ensure smooth implementation, the staff in charge of the LAR will undertake training on resettlement implementation organized by the DPMO. The
2 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component resettlement implementation schedule has been prepared based on the preparation and construction timetable. The RP will be finalized based on the final design and detailed measurement survey and be submitted to ADB for review and approval prior to award of civil work contracts.
E6. Cost and Schedule
8. The total budget for the LAR of the Component is about RMB141.184 million. It is anticipated that the LAR will start in August 2012 and be completed by the end of September 2013.
E7. Monitoring and Evaluation
9. A detailed plan for both the internal and external monitoring and evaluation (M&E) is included in the RP. The DPMO will submit an internal monitoring report semi-annually to ADB. Furthermore, the DPMO will employ an external resettlement monitoring institute or firm as the independent external monitor in order to deliver external monitoring reports. A thorough baseline study will be completed before the LAR begins. The first monitoring report will be submitted in August 2012. After that and until project completion, semi-annual monitoring reports will be prepared and submitted for ADB’s review.
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I． PROJECT OVERVIEW
1.1 INTRODUCTION OF DINGXI CITY
10. Dingxi City, located in the middle of Gansu Province, with a total area of approximately 20,300 square meters (km2) and a total population of approximately 2.94 million in 2010. 4 national highways (187.8km), three provincial highways (96km) and 10 county roads (271.5km) pass through Dingxi City. There are also two dedicated highways (19.4km) and 10 township roads (140.2km) in Dingxi. The Project is located in Anding District of Dingxi City.
11. Anding District is the political, economic and cultural center of Dingxi City, with a total area of 4,225 km2 and a total population of 0.47 million which includes 0.36 million rural population and a population density of 111.43 persons per km2 in 2010. Anding District consists of 19 townships, 306 village committees and 2,274 villager groups. In 2010, the GDP of Anding was CNY2.7 billion, the farm land was about 1.718 million mu, the sown area was 1.699 million mu, the grain output was 248,366 ton, and the net income per capita of rural resident is CNY2,397.26.
12. This Project includes seven (7) roads (13.33km in total): six new constructions and one expansion. There seven roads account for 8.3% of the total road network in a new developing urban area of Dingxi City. The Dingxi Municipal Government (DMG) plans to invest CNY786.65 million to construct the road and related infrastructures in the new urban area, including US$40 million and domestic counterpart funds of CNY522.65 million for the Project.
1.2 PROJECT CONTENTS
13. The construction of the Project includes seven roads and bridges with a total length of 13.3km as presented in Table 1-1.
Table 1-1: Project Contents
Width of Red Width of Length Name of Road Starting & End of Road Line Landscape Belt (m) (m) (m) From north Zhengfu Road to Jiaotong Road 4,035.30 40 16 Nanba Road (South to North) From north Zhengfu Road to Xihuan Road 3,857.40 36 16 Nanba Road(S to N) Xincheng Avenue From north Zhengfu Road to 1,414.90 52 16 and Bridge Beier Road(S to N) Xihuan Road to Xingcheng South Beian Road 791.90 18 16 Avenue(W to E) Middle Beian Xihuan Road to Xingcheng 769.10 18 16 Road Avenue(W to E)
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Xihuan Road to Xingcheng North Beian Road 735.40 18 16 Avenue(W to E) North Zhengfu Road to North Dingxi Road 1,721.40 18 16 Xihuang Road(S to N) Total 13,325.40
14. The civil work of the Project plans to start from August 2012 and is expected to be completed in November 2016.
1.3 AFFECTED REGIONS
15. The Project will affect four (4) village committees with a total of 988.57 mu of permanent land acquisition, including 926.57 mu land of collectively-owned and 62 mu of state-owned. 323 households and 1,419 persons in total will be affected by the land acquisition. The total area of buildings to be demolished is 34,729 square meters, which will affect 121 rural households and 472 persons. Totally, 398 rural households and 1,693 persons will be affected due to the land acquisition or the house relocation, in which 46 households and 198 persons will be affected by both land acquisition and the house relocation. 27 small businesses and 51 employees will be affected by relocation with a total affected area of 4,986 square meters due to Jiaotong Road expansion. The Project map is shown in Figure 1-1. Detailed affected persons information is presented in Table1-2.
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Figure 1-1: Dingxi Infrastructure Project
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Table 1-2: Affected Land and Structure Areas, Household, Small Business and Persons
Stated Collectively Affected by -owned Total Affected by Road –owned Land Land Affected by Demolition Small Business Land (mu) Both (mu) Acquisition (mu) HHperson m2 HH person HH person m2 HH person Jiaotong Rd. 62.00 276.80 338.80 107 492 23,963.6 63 267 20 85 4,986 27 51 Xihuang Rd. 0 300.72 300.72 60 272 4,913.0 16 55 8 34 0 0 0 Xingcheng AvenueIII 0 144.25 144.25 57 239 0 0 0 0 0 0 0 0 and Bridge South Beian Rd. 0 40.36 40.36 26 102 0 0 0 0 0 0 0 0 Middle Beian Rd. 0 39.20 39.20 27 112 142.0 1 6 0 0 0 0 0 North Beian Rd. 0 37.49 37.49 19 78 2,282.6 13 34 9 38 0 0 0 North Dingxi Rd. 0 87.75 87.75 27 124 3,429.0 28 110 9 41 0 0 0 Total 62.00 926.57 988.57 323 1,419 34,730.2 121 472 46 198 4,986 27 51
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1.4 MEASURES TO MITIGATE IMPACTS
16. Resettlement has been considered as a key part of the work during the planning and implementing of the Project. With an evaluation of construction costs, social and environmental consequences and so forth, efforts have been made to minimize the impact of the resettlement.
1.4.1 Measures Adopted at the Project Design Stage
17. At the stage of planning and design, for the purpose of minimizing the negative impact of project construction on local society and economy, the DMG held a few joint meetings, with attendance of the consulting units and design institutes, to discuss how to optimize the design program and minimize the negative social and economic impact of the resettlement.
18. At the design stage, the principles of project optimization to minimize the impact of resettlement are described as follows:
(i) First, carry out project optimization and comparative selection, examine closely the impact of project construction on local society and economy, and try to occupy vacant land and minimize the occupation of cultivated land – if land occupation is unavoidable. (ii) Second, minimize relocation if unavoidable, and regard it as a key indicator for program optimization and comparative selection. Meanwhile, reasonable space is to be reserved for the connection of this Project with other municipal facilities. (iii) Third, give full consideration to the resettlement and try to minimize LAR during the comparative selection among different design programs. (iv) If land acquisition is unavoidable, the DPMO will help affected people to restore the quality of life and livelihoods through compensation and livelihood restoration measures, especially the livelihood of vulnerable groups. 19. In the initial project proposal, 1,235.71mu of land would be acquired, and 39,854.6 square meters of buildings would be demolished that would involve 137 households and 548 persons. Most of the land acquisition and the building demolishment would happen in the main residence and commercial areas. In order to reduce the impact of resettlement, the new design principles have been adopted as below: (1) narrow the width of the roads if possible; (2) improve and expand the existing roads. In the end, six (6) new roads and one reconstruction road have been finalized. Compared to the initial design, 247.14 mu of land acquisition has been cut down and 5,126 square meters of buildings have been saved from demolishment. Accordingly, 153 households will not be affected by land loss and 16 households will not be forced to relocate. The comparison is presented in Table1-3.
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Table 1-3: Comparison Different Project Proposal
Second Final Item Unit Initial Proposal Optimization Proposal Proposal Land Acquisition mu 1,235.71 1,034.16 988.57 247.14 Affected HH HH 476 438 323 153 Affected Persons person 2,113 1,944 1,419 694
Building 2 m 39,855 38,453 34,729 5,126 Demolishment Affected HH HH 137 128 121 16 Affected Persons persons 548 512 472 76 Affected HH 30 30 27 3 Businesses
Data source: Dingxi Urban Construction & Investment and Asset Management Ltd Co.
1.4.2 Measures to Be Adopted during LAR
20. In the event that the LAR is unavoidable, in order to mitigate the local impacts of the project construction, the measures to be taken are as follows:
(v) Collect basic information, conduct an in-depth analysis of the local socio-economic status, and prepare a feasible RP to ensure that the displaced persons would not be influenced due to the implementation of the Project. (vi) Encourage the participation and supervision of the public and listen to opinions and advice from the affected population. (vii) Strengthen internal and external monitoring, establish highly efficient feedback mechanisms and channels, and minimize the period for processing information to ensure the timely solution of problems occurring in the construction. Notify displaced persons in advance, arrange sites for relocation, compensate the losses of displaced persons, minimize the idling period, and provide jobs for employees of affected enterprises. (viii) During the relocation, get help and support from local governmental authorities to ensure the smooth implementation of resettlement, and to reduce the pressure and loss of displaced persons, institutions and enterprises.
1.4.3 Measures to Be Adopted during Construction
21. The following measures are to be adopted during construction to mitigate negative impact:
(ix) Prepare the construction plan and arrange traffic organization design with caution; minimize the impact of construction on the surrounding environment and traffic order. When excavating, all the factors will be taken into full consideration. The excavation, installation of pipelines and backfilling will be completed in the shortest time possible. For a road crossing another road with heavy traffic, the construction work will not be carried out in rush hour (but rather at night time to ensure smooth traffic flow in the day).It is forbidden to destroy existing pipelines. Warning signs, signals and leading marks will be set
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up for vehicles and pedestrians. After the completion of the construction, the site will be cleared and opened to the traffic. (x) Dredged spoil shall be timely removed. (xi) In the area within 200 meters away from residences of the civilians, the construction is forbidden from 10 pm to 8 am. (xii) The construction contractors shall timely contact the local environmental sanitation department to clear and clean the wastes in the construction sites.
1.5 PREPARATION AND PROGRESS OF THE PROJECT
22. According to the need of the preparation for resettlement work, the cut-off date for any new construction in the affected areas of all components was set as December 31, 2010. The construction status at the deadline is taken as the reference for eligible housing structures. The Dingxi PMO, noticed village committees and asked village committees to notice APs during the survey in December 2010 and January 2011. In May 2011, the PMO checked with APs who received the notice. The RP of the Project is prepared according to the inventory of the properties affected by LAR, socioeconomic investigation of the APs, and data of the technical feasibility study report. The RP will be finalized based on the final design and detailed measurement survey and be submitted to ADB for review and approval prior to award of civil work contracts.
1.6 OWNERSHIP OF THE COMPONENT
23. The executing agency (EA) of the Project is the DMG. The Dingxi ADB Project Management Office (DPMO), on behalf of the DMG, is responsible for organizing the implementation of the Project and practicing the specific management functions. The implementing agency is Dingxi Urban Construction & Investment and Asset Management Ltd Co. (DUCIAM), who is responsible for detailed work in the project preparation and implementation.
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II. PROJECT IMPACT ANALYSIS
2.1 DEFINITION OF PROJECT IMPACT
24. A physical survey scope of the project impact is determined according to the project planning scope provided by the design institute. It consists of vehicle roads, non-motor vehicle lanes, pavement and greenbelts. Since the Project is still under the optimization design, the design institute may carry out the optimization design accordingly; therefore, the data on LAR in this RP may be further adjusted. The DUCIAM will finalize this RP based on the final design and detailed measurement survey and will submit to ADB for review and approval prior to award of civil work contracts..
25. The Project impact is defined as follows:
(xiii) Permanent occupied land: all varieties of cultivated land and uncultivated land to be used permanently within the red line range of the Project. Cultivated land mainly includes dry land, vegetable land and so on; uncultivated land mainly includes waste land, housing site and so on. (xiv) Temporary land acquisition: all varieties of land to be used temporarily during construction period, which can be recovered after construction. (xv) Relocated buildings: all buildings within the red line range of the Project, mainly including framework-structure houses, brick-concrete houses, brick-wood houses, simple houses, etc. According to the proprietary rights of the buildings, they may be classified as private buildings and buildings of enterprises and institutions. According to the purposes of the buildings, they may be classified as private dwelling, houses used by enterprises and institutions, and shops, etc. (xvi) Affected attachments to the ground: attachments to the ground within the red line range of the Project, mainly including pools, fences, wells, tombs, fruit trees, terraces, and etc. (xvii) Affected public facilities: public service facilities within the range of project effect. (xviii) Affected family households: any family household with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (xix) Affected communities: any community with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (xx) Affected enterprises and institutions: any enterprise or institution with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (xxi) APs: all members of the affected family households and affected enterprises and institutions. (xxii) Affected laborers: laborers working in the affected shops, enterprises or institutions or engaging in agricultural production on the land for acquisition. (xxiii) Affected leaseholders: all persons leasing affected buildings for living or business operation based on the contracts.
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(xxiv) Vulnerable groups: vulnerable groups are those who are more severely impacted by a project than others due to their poverty, gender, ethnicity, religion, language, lack of ownership or title to land, etc., and social groups in the residents that are easy to be harmed, lack capability of responding to social changes, and stand in the unfavorable status due to their weak social participation capability, social security, disability, poverty and others, mainly including solitary and widowed elder, female single-parent family, orphan, poor family, handicapped person and patient, and etc. (xxv) Non-registered structures: any structure built before the cut-off date, which was not approved by relevant administration agencies officially. (xxvi) Illegal structures: any structures built in the project area without official approval according to relevant regulatory procedures after the cut-off date.
2.2 PROJECT IMPACT SURVEY
26. Based on the scope of land acquisition determined in the FSR, DPMO has mobilized affected town, village committees and statistical investigation team to conduct an overall survey which includes the quantity of affected persons, houses, land and other facilities. This survey is based on FSR. . The RP would be revised and finalized based on project construction/detailed design. In order to analyze the social impacts and make a feasible RP, from December 2010 to January 2011, with the help of DPMO and affected village committees, the RP preparation agency (Gansu Taohe Civil Work Design and Consulting Company) and Anding District Statistical Investigation Team conducted a social-economic survey. The survey consisted of the present situation of the affected areas, which includes 398 households in four (4) villages of Fengxiang Town, and the impact scope of the Project on local society and economy. After the construction scope was modified, another survey involving 119 households in two (2) villages was conducted in December 2010. The goals of the survey were: (i) have a basic understanding of socio-economic situation and development planning affected by land acquisition and house demolition (based on data from local government plans, statistical and agricultural sections. The data included: GDP, agricultural revenue, price data, farmland data and etc.); (ii) Gain a general idea of the potential impact on individuals according to statistical reports of affected villages and sample surveys; and (iii) Provide a part of baseline for the monitor and assessment of resettlement during the implement of the Project.
27. The contents of resettlement survey are divided into three parts as follows:
(xxvii) Literature survey (a) Statistics of social economy of Dingxi City and the project area; and (b) Laws and regulations related to LAR of the State, Gansu Province and Dingxi City. (xxviii) Social and economic background survey (a) Survey of basic circumstances of the affected families and vulnerable families in the area affected by the Project; (b) Public opinions and suggestions; and
5 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
(c) Survey of basic circumstances of the affected villages’ population, labor force, industrial structure and cultivated land, etc. (xxix) Survey of affected objects in LAR (d) Circumstance of land acquisition: location, category and area; (e) Relocated buildings and other attachments to the land: location, category, quantity and property rights; (f) Category and quantity of various public facilities; and (g) Basic circumstances and affected situation of self-employed households. 28. Based on the survey and consultation with the village committees, representatives of affected households, and local relevant government departments, the date of December 31, 2010 is set as the cut-off date of existing physical status in the affected areas. The village committees have announced the potential project construction and affected area as well as relevant regulations to the villagers. Any addition of new structures will not be considered for compensation.
2.3 PROJECT IMPACTS
29. The basic data of the project impact includes: eleven village groups and four (4) villages in Fengxiang Town will be affected. In total, 988.57 mu of land will be acquired permanently, among which 589.02 mu are farmland, 123.54 mu are housing land, and 62 mu are state-owned. 323 households and 1,419 persons in total will be affected due to the land acquisition. In the construction period, 60 mu of land will be occupied temporarily. The total area of buildings to be demolished is 39,714 square meters, in which 34,729 square meters are residence. 121 households and 472 persons in total will be affected due to the house relocation. 27 small businesses and 51 employees will be affected by relocation, in which the total affected building area is 4,986 square meters. Totally, affected households will be 398 and APs will be 1,693; all have rural registration in the affected villages.
2.4 IMPACTS OF LAND ACQUISITION
2.4.1 Land Acquisition
30. The total area of land to be acquired for the Project is 988.57 mu, which includes 589.02 mu of farmland, 123.54 mu of housing land and 62 mu of the state-owned. The detailed information is shown in Table 2-1.
Table 2-1: Land Acquisition of the Project Unit: mu
State-owned Collective-owned Road Name Village Total Land Farmland Housing Wasteland Bailin, Jiaotong Rd. Donghe, 62 148.92 60.56 67.33 338.80 Beiershipu Xihuang Rd. Bailin, 0 146.65 25.44 128.63 300.72
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State-owned Collective-owned Road Name Village Total Land Farmland Housing Wasteland Xiershipu Xincheng Avenue III and Bailin 0 135.61 0.00 8.64 144.25 bridges South Beian Rd. Bailin 0 39.24 0.00 1.12 40.36 Middle Beian Rd. Bailin 0 38.15 0.26 0.79 39.20 North Beian Rd. Bailin 0 14.63 19.77 3.09 37.49 North Anding Rd. Bailin 0 65.82 17.51 4.42 87.75 Total 62 589.02 123.54 214.01 988.57
31. The average land loss for 323 households is 21.1%. Among them, the average land loss for 67 HHs or 20.7% of the total affected households will be less than 10%, which is 7.87%; 209 HHs or 24.5% will have their land loss between 10 to 30%, averaging 15.7%; 47 HHs or 14.6% will have their land loss between 30 to 70%, averaging 37.6%. 2 HHs will have their land loss between 50 to 70%, the most land loss will be 65%. With such land loss, averagely, they still have about 8.38 mu of farmland per household. Average income from farming accounts for 35.2 to 45.9% (see Table 3-16). In terms of the impact of land loss on potential income, the potential income loss for those 67 HHs with land loss less than 10% will be less than 2.73%; and for those 209 HHs with land loss between 10 to 30%, their potential income loss will be ranged from 2.63 to 5.58%; for those 67 HHs with land loss between 30 to 70%, their potential income loss will be ranged from 5.66 to 14.4%. For those households with land loss more than 10%, detailed rehabilitation measures have been proposed and included in Section 6.5.2. The collective-owned land affected by the Project is presented in Table 2-2. Farmland changes before and after the land acquisition are presented in Table 2-3.
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Table 2-2: Collective-owned Land, Village Groups, Households, Persons Affected by the Project
Farmland Land Farmland Farmland Total Farmland Farmland Affected Affected Acquired Acquired Village Group Total HHs Population Per Acquired Farmland per HH Acquired HHs Persons per Proportion Capita. per HH Capita per Group mu HH person mu/HH mu/person mu HH person mu/HH mu/person % 1 319.8 41 166 7.8 1.9 22.84 15 72 1.5 0.3 7.1 2 630 71 283 8.9 2.2 44.74 40 185 1.1 0.2 7.1 5 384 35 155 11.0 2.5 70.54 26 120 2.7 0.6 18.4 Bailin 6 and 7 1453 131 586 11.1 2.5 304.86 159 668 1.9 0.5 21.0 8 669 56 259 11.9 2.6 34.20 16 76 2.1 0.4 5.1 10 349 55 200 6.3 1.7 38.36 30 135 1.3 0.3 11.0 12 317 40 144 7.9 2.2 3.73 2 9 1.9 0.4 1.2 Beiershipu Xieheping 533 56 242 9.5 2.2 2.55 3 13 0.9 0.2 0.5 Donghe Shilipu 492 73 296 6.7 1.7 36.70 17 78 2.2 0.5 7.5 Xiershipu Baozihe 562 53 290 10.6 1.9 30.50 15 63 2.0 0.5 5.4 Total 5708.8 611 2621 9.3 2.2 589.02 323 1419 1.8 0.4 10.3
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Table 2-3: Farmlands Before and After Land Acquisition
<10% 10-30% 30-70% Affected Farmland Farmland Affected Farmland Farmland Affected Farmland Farmland Village Group HHs before LA after LA HHs before LA after LA HHs before LA after LA HHs mu mu HHs mu mu HHs mu mu 1 2 18.4 16.92 13 122.3 100.95 0 0 0 2 21 213.6 199.40 16 167.3 148.26 3 31.2 19.70 5 0 0 0 19 215.4 175.06 7 81.2 51.00 Bailin 6 and 7 32 362.4 331.90 98 1118.5 965.44 29 330.2 208.90 8 1 12.3 11.45 13 153.2 129.53 2 24.3 14.62 10 7 52.1 47.43 20 156.4 131.21 3 23.2 14.70 12 0 0 0 2 20.3 16.57 0 0 0 Beiershipu Xieheping 1 6.3 5.75 2 13.2 11.20 0 0 0 Donghe Shilipu 3 21.5 19.72 12 88.6 62.30 2.0 15.3 6.68 Xiershipu Baozihe 0 0 0 14 123.7 96.50 1.0 8.8 5.5 Total 67 686.6 632.6 209 2178.9 1837.0 47 514.2 321.1
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32. For affected households with average farmland in 6 to 8 mu per HH, 10 HHs will lose their farmland less than 10%; 32 households will lose their farmland between 10 to 30%, 2 households will lose their farmland between 30 to 70%. For affected HHs with average farmland in 8 to 9 mu per HH, 21 households will lose their farmland smaller than 10%; 47 HHs will lose their farmland between 10 to 30%; 6 HHs will lose their farmland from 30 to 70%. For affected households with average farmland in 9 to 12 mu per HH, 36 households will lose their farmland smaller than 10%; 130 households will lose their farmland between 10 to 30%; 39 households will lose their farmland between 30 to 70%. The distribution of the affected households is presented in Table 2-4.
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Table2-4: Proportion Distribution of Affected HHs with Different Farmland Area
6-8 (mu) 8-9 (mu) 9-12 (mu) Total Village Group <10% 10-30% 30-70% <10% 10-30% 30-70% <10% 10-30% 30-70% <10% 10-30% 30-70% HHs HHs HHs HHs HHs HHs HHs HHs HHs HHs HHs HHs 1 0 2 0 2 11 0 0 0 0 2 13 0 2 2 0 0 12 11 0 7 5 3 21 16 3 5 0 0 0 0 2 0 0 17 7 0 19 7 Bailin 6 and 7 0 0 0 4 3 2 28 95 27 32 98 29 8 0 0 0 0 0 0 1 13 2 1 13 2 10 4 10 0 3 10 3 0 0 0 7 20 3 12 0 0 0 0 2 0 0 0 0 0 2 0 Beiershipu Xieheping 1 0 0 0 2 0 0 0 0 1 2 0 Donghe Shilipu 3 12 2 0 0 0 0 0 0 3 12 2 Xiershipu Baozihe 0 8 0 0 6 1 0 0 0 0 14 1 Total 10 32 2 21 47 6 36 130 39 67 209 47
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33. The average per capita land holding will be reduced from 2.38 mu to 1.97 mu by 17% in average. The remaining farmland of affected villagers after the land acquisition is at least 1.14 mu per capita, as presented in Table 2-5. All of affected farmers still have land to plant and continue their agriculture production.
Table 2-5: Per Capita Farmland of APs before and after Land Acquisition
Land per Land per Land Area Land Area Acquired Capita Capita APs before after Land before after Village Group Acquisition Acquisition Acquisition Acquisition person mu mu mu mu/person mu/person 1 72 140.70 22.84 117.87 1.95 1.64 2 185 412.10 44.74 367.36 2.23 1.99 5 120 296.60 70.54 226.06 2.47 1.88 Bailin 6 and 7 668 1,811.10 304.86 1,506.24 2.71 2.25 8 76 189.80 34.20 155.60 2.50 2.05 10 135 231.70 38.36 193.34 1.72 1.43 12 9 20.30 3.73 16.57 2.26 1.84 Beiershipu Xieheping 13 19.50 2.55 16.95 1.50 1.30 Donghe Shilipu 78 125.40 36.70 88.70 1.61 1.14 Xiershipu Baozihe 63 132.50 30.50 102.00 2.10 1.62 Total 1,419 3,379.70 589.02 2,790.68 2.38 1.97
34. In all affected adults (over 18 years old), 38.79% of males and 31.95% of females engage in agricultural production. 29.66% of males and 32.05% of females engage in private or temporary business (including the temporarily jobless). Age, education and occupation of APs are presented in Table 2-6.
Table2-6: Age, Education and Occupation of APs by LAR
Female （%） Male（%） 0-9 19.59 18.47 10-19 19.77 23.33 20-29 17.83 18.21 30-39 16.61 15.71 40-49 15.16 13.62 Age 50-59 5.91 4.6 60-69 3.92 3.94 > 70 1.21 2.12 Total affected 836 886 population Illiteracy 3.8 16.2 Education Primary school 41.3 36.8 Junior High 28.3 27.9
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Female （%） Male（%） Senior High 17.1 12.9 Above Senior High 9.5 6.2 Total affected 836 886 population Worker 3.32 2.46 Farmer 50.54 54.79 Student 13.53 12.44 Self-employed laborer 2.35 1.72 State-owned unit 0.46 0.23 Occupation employees Part time worker 21.25 20.39 Retired（with Pension） 1.39 0.49 Employed 5.45 5.55 Others 1.71 1.93 Total 836 886
2.4.2 Temporary Land Occupation
35. The Project will occupy 60 mu of temporary land. The sites and the ownership of the land to be occupied will be determined when the project construction is commenced. The wasteland will be selected as the temporary land for the Project.
2.5 AFFECTED BUILDINGS
2.5.1 Affected Residential Buildings
36. The total area of residential buildings to be demolished for the Project is 34,729 square meters, affecting 121 households (472 persons) of rural residents. Table 2-7 presents the details.
2.5.2 Affected Buildings of Small Businesses
37. The Project will affect 27 self-employed households (All are private) and 51 employees, with a total land area of 8,525 square meters and a total building area of 4,986 square meters and a total land area of 8,525 square meters. All land is collective housing land. Table 2-8 presents the details. Two (2) out of 27 small businesses have been closed down.
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Table 2-7: Residential Buildings to Be Demolished
House Earth Temporary HHs Population Housing Land Area Building Brick-concrete Brick-wood -wood Buildings Village Group Area HH person m2 mu m2 m2 m2 m2 m2 1 4 18 2,214 3.32 1,356.7 1,057 0 0 300 2 1 4 567 0.85 312 312 0 0 0 5 0 0 0 0.00 0 0 0 0 0 Bailin 6 and 7 39 119 25,840 38.74 7,397 7,277 120 0 0 8 11 50 6,030 9.04 2,162 763 873 526 10 5 13 4,130 6.19 2,873 2,873 0 0 0 12 23 101 14,441 21.66 8,060 6,851 1,209 0 0 Beiershipu Xieheping 20 88 12,093 18.13 6,852.1 6,852.1 0 0 0 Donghe Shilipu 10 43 6,947 10.42 4,510 3,833.5 676.5 0 0 Xiershipu Baozihe 8 36 10,138 15.20 1,206.6 1,206.6 0 0 0 Total 121 472 82,399 123.55 34,729 31,025 2879 526 300
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Table 2-8: Affected Small Businesses
Area of Number of Area of Part Operation Annual Average Business Land Employees Full Time Total Village Houses Time Status Revenue Wage Name Occupation Male Female (m2) (m2) person person person person person CNY10,000 CNY/MM Ximing 53 53 1 1 2 2 Operating 14.4 1,800 Coal Plant 1,964 1,178 1 1 2 0 2 Operating 10.8 1,800 Jinlin 65 65 2 2 2 Operating 16 2,000 supermacket Mill A 113 113 1 1 1 Operating 1.7 1,200 Mill B 85 85 1 1 1 Operating 1.4 1,000 Welding 34 34 1 1 1 1 2 Operating 3.8 2,200 Plant Nongjiale 78 78 1 2 2 1 3 Operating 8 900 restauraunt Wangjin 24 24 1 1 1 1 2 Operating 7.2 500 Grocery Bailin Daliy 32 32 1 1 1 Operating 8 1,100 Grocery Post Office 18 18 1 1 1 Operating 14 800 Noodles 30 30 2 1 1 2 Operating 9 650 factory China 20 20 1 1 1 1 2 Operating 12 700 Mobile provender 50 50 1 1 1 1 2 Operating 21 1,300 mill Waste 428 60 1 1 1 1 2 Operating 22 1,500 Recycle Steel 380 120 4 1 2 3 5 Operating 30 1,300 wholesale
15 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Area of Number of Area of Part Operation Annual Average Business Land Employees Full Time Total Village Houses Time Status Revenue Wage Name Occupation Male Female (m2) (m2) person person person person person CNY10,000 CNY/MM Yangji Oil 80 80 1 2 1 2 3 Operating 12 1,000 Mill Flour Mill 260 110 1 3 1 3 4 Operating 23 800 Xinyu Oil 104 104 1 2 1 2 3 Operating 20 1,000 Tianyi 22 22 2 1 1 2 Operating 12 1,500 Grocery Shang shoe 10 10 1 1 1 Operating 1 70 shop Flour shop 20 20 1 1 1 Operating 6 100 Zhenghua 40 40 1 1 2 2 Operating 12 1,800 ceramics Starch Closed 2,562 1,588 0 Factory down Shipalipu Closed 1,409 859 0 Flour Mill down Shulan 60 60 2 2 2 Operating 13.6 1,700 Grocery Lvyintang 563 109 1 1 1 1 2 Operating 17 2,000 Silk noodles Meimei store 24 24 1 1 1 Operating 8 1,000 Total 8,525 4,986 20 31 32 19 51 303.9
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2.5.3 Affected Temporary Buildings
38. There are 300 square meters of temporary buildings in total, which are included into the total affected building area. DMG will compensate these temporary buildings according to the relevant compensation policy of Dingxi City. In the affected region there are no households whose buildings are all temporary buildings. All temporary buildings are attachments to the main houses.
2.5.4 Affected Attachments
39. The attachments affected by the Project include 81 poles, 8 electricity transformers, and 2012 trees, 320 phone relocation and 52 Internet cable users. The details are presented in Table 2-9.
Table2-9: Affected Attachments
Item Quantity Poles 81 Transformers 8 Trees 2012 Phone 320 Cable user 52
2.6 Affected Vulnerable Groups
2.6.1 Identification of Affected Vulnerable Groups
40. Vulnerable groups refer to persons who are easy to be hurt and difficult to adapt to the changes brought by the project construction. Vulnerable groups are mainly divided as follows:
(xxx) Lonely elder: the single elder who is over 65 years old and without a person fulfilling the statutory duty of maintenance. (xxxi) Single-parent family: the head of the family is single and has underage child. (xxxii) Orphan: the children without parents and younger than 16 years old. (xxxiii) Poor family: the urban families under the minimum living guarantee line (MLGL), and rural poor households that have been specially determined. (xxxiv) The disabled: the persons, in psychology, physiology or body constitution, having some tissue or function lost or off-normal, or the ability of participating in some activity in the normal way lost totally or partially (subject to holding the Disabled Person Certificate of the People’s Republic of China). And (xxxv) Other families having special difficulties. 41. The determination of vulnerable groups is carried out in accordance with relevant policies and regulations, and results of the field survey. In the implementation process, the
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RO will confirm it through door-to-door interviews, neighboring interviews and proving of community resident committee.
42. After the investigation and confirmation, it is not found that ethnic minority families will be affected by the Project.
2.6.2 Affected Families of Vulnerable Groups
43. According to the survey, there are 32 vulnerable families with 107 members to be affected by the Project (8% of the AHs). The families have members suffering from diseases, or have disabled persons, or have no or few incomes. These 32 vulnerable families include: 17 low income, 2 disabled, 2 elder living alone, and 11 single parents. Their distribution and family status is presented in Table 2-10. Four of them need to be relocated, while others are affected by land acquisition.
Table 2-10: Affected Vulnerable Families
Type HHs Persons Village Group No. HHs Affected by Bailin 1 3 House Bailin 2 2 House Single parent 11 69 Bailin 5 3 Farmland Beiershipu Xieheping 3 Farmland Bailin 5 5 Farmland Bailin 6 3 Farmland Low income 17 30 Bailin 10 5 House Bailin 12 4 House Bailin 7 1 Farmland Disabled 2 6 Bailin 8 1 Farmland Bailin 1 1 Farmland Alone elder 2 2 Xiershipu Puzihe 1 Farmland Total 32 107 32
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III. SOCIO-ECONOMIC SURVEY
3.1 GENERAL INTRODUCTION OF SOCIO-ECONOMIC DEVELOPMENT OF THE AFFECTED REGIONS
3.1.1 Population
44. Dingxi City is located in the middle of Gansu Province, with altitude of 1,640-3,941 meters and annual precipitation of 300-500mm. The city consists of one (1) district and six (6) counties, which are Anding District, and counties of Tongwei, Longxi, Weiyuan, Lintao, Zhang and Min. The total population in 2010 was 2.94 million. The total land area is 20,330 km2. There are 0.47 million people living Anding District, the Project Area. More details are presented in Table 3-1.
Table 3-1: Population of District and Counties of Dingxi (2009)
Population Land Area Total Population Urban Population Areas density (km2) (10,000 persons) (10,000 persons) (person/km2) Dingxi City 20,330 294.13 40.71 144.68 Anding District 4,225 47.08 10.55 111.43 Tongwei County 2,899 45.8 5.22 157.99 Longxi County 2,657 48.66 7.84 183.14 Weiyuan County 2,034 34.78 3.4 170.99 Lintao County 2,851 54.2 6.42 190.11 Zhang County 2,164 19.2 2.03 88.72 Min County 3,500 44.41 5.25 126.89
Source:Dingxi Statistical Yearbook 2010
3.1.2 Socio-economic Development of Anding District
45. Anding District administrates 2 street administrative offices, 19 townships. The net income per capita of rural resident in Dingxi and Anding in 2009 were CNY2,380 and CNY2,397, respectively. The disposable income per capita of urban resident in Dingxi and Anding were CNY9,858. More details are presented in Table3-2.
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Table3-2: Economic indicators of Dingxi City and Anding County in 2010 Dingxi City Anding County year-on-year year-on-year Proportion unit value value increase (%) increase (%) in Dingxi (%) Population 10,000 294.13 — 47.08 — GDP 10,000 1,319,394 10.3 270,873 10.4 20.53 Net income of rural CNY 2,380 11.4 2,397 11.3 — resident Disposable income CNY 9,858 8.66 9,858 8.7 — of urban resident
Source: Dingxi Socioeconomic Statistical Yearbook 2010
46. Anding District is the seat of DMG, and the city’s political, economic and cultural center. Anding District was named “Potato Hometown in China” in 2001.
47. Anding District is rich in labor forces. Of all 0.47 million population, there are 0.28 million labors, 28% of which are above junior-high-school level.
3.2 GENERAL SITUATION OF AFFECTED VILLAGES
48. The Project affects 11 village groups and four (4) villages in Fengxiang Town. In 2009, income per capita of rural residents of Fengxiang Town was CNY6,597, of which agricultural incomes accounted for 42.3%. Rural population accounted for 97% of the general population in the town. More details are presented in Table3-3.
Table 3-3: General Situation of Fengxiang Town
Item Value Community/village 27 Area (square kilometer) 40.83 Household (HH) 11,007 Population (person) 46,135 Male (person) 23,739 Female (person) 22,396 Rural Population (person) 44,688 Proportion of Rural population (%) 97 Rural Labors (person) 23,150 Male Labors (person) 11,716 Farmland (mu) 133,177 Per Capita Farmland (mu/person) 2.98 Per capita income (CNY) 6,597 49. The Project affects four (4) villages of Bailin, Donghe, Beiershilipu and Xiershipu of Fengxiang Town. Per capita farmland in these four villages is 3.16 mu, 1.78 mu, 4.06 mu and 5.1 mu for Bailin, Donghe, Beiershilipu and Xiershipu, respectively. Agricultural income accounts for 42% of total income in average, while non-agricultural income accounts for 58%. Most of non-agricultural income is from salary work out of villages. The general situation of affected villages is presented in Table 3-4.
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Table 3-4: General Socioeconomic Situation of the Affected Villages
Per Agricultural Wage Other Popu- Total Income Agricultural Account Wage Account Other Farmland HHs Capita Income Income Income lation Revenue Per HH Income for Income for Income Village Farmland Per HH Per HH per HH mu HH person mu/person CNY10,000 CNY10,000 CNY10,000 % CNY10,000 CNY10,000 % CNY10,000 CNY10,000 CNY10,000 Bailin 7,118.1 5412,256 3.16 1,026.2 1.90 422.9 41.2 0.78 564.2 55.0 1.04 39.1 0.07 Donghe 2,607.1 2781,462 1.78 712.3 2.56 293.6 41.2 1.06 410.2 57.6 1.48 8.5 0.03 Beiershilipu 3,914.3 231 964 4.06 421.3 1.75 182.6 43.3 0.76 232.8 55.3 0.97 5.9 0.02 Xiershipu 6,832.8 3361,339 5.10 1,032.1 3.07 432.1 41.9 1.29 588.3 57.0 1.75 11.7 0.03
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3.3 Sample Survey
50. In order to understand more about the basic information of the affected residents, and to analyze the impacts of the Project on local people, the DUCIAM conducted a sample survey of affected HHs in affected villages.
3.3.1 Sample Selection
51. 119 households were selected, which account for 30% of total affected households. Two (2) sampling villages are selected, which account for 50% of total affected villages.119 sample questionnaires were issued, actual questionnaires were surveyed and 108 were valid. The samples are presented in Table 3-5.
Table 3-5: Distribution of Sampling Households
Sampling Proportion Sampling HHsAffected HHs Proportion Town Villages
% HHs HHs % Fengxiang 2 50 119 398 29.9 Total 2 50 119 398 29.9
3.3.2 Basic Characteristics of Sampling Households
52. 448 persons or 108 HHs were surveyed. The average family size was 4.1 persons. Per HHs farmland in Bailin and Xirershipu villages were 7.74 mu and 7.83 mu, respectively. More population information is presented in Table 3-6-1. More agricultural and assets information is presented in Table 3-6-2. Income and expenditure information is presented in Table 3-6-3. The willingness of compensation for LAR is presented in Table 3-6-4. Legal residence right of affected HHs is presented in Table 3-7.
Table 3-6-1: Population and Residential Situation of the Sampling HHs
Bailin Xiershipu Type Unit Total Per HH Total Per HH HH basic data Samples HH 105 1 3 1 1.Population person 436 4.15 12 4 of which：Males person 227 2.16 7 2.33 ≤18years person 121 1.15 4 1.33 ≥65years person 132 1.26 3 1 2.Labors（18-60years） person 183 1.74 4 1.33 3.Area of house m2 37,820 360.19 812 270.67 4.Ethnic Minorities HH 0 0 0 0 HH 16 1 5. Low income HHs person 64 1
22 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Bailin Xiershipu Type Unit Total Per HH Total Per HH HH 2 0 6.Disabled HHs person 3 0 HH 2 0 7.Alone elders person 2 0
Source: The IA and the RP preparation agency (similarly hereinafter)
Note：108 sampling HHs, family size is 4.1, average house area is 357.7 m2。 Table 3-6-2: Agricultural Production and Assets of Sampling HHs
Bailin Xiershipu Type Unit Total Per HH Total Per HH I. Agriculture 1.farmland mu 812.5 7.74 23.5 7.83 (i) irrigated land mu 812.5 7.74 23.5 7.83 (ii) dry land mu 0 0 0 0 (iii) wasteland mu 0 0 0 0 2.Crops mu (i) grain crops mu 723.2 6.89 18.5 6.17 (ii) fruits mu 32 0.3 1 0.33 (iii) vegetables mu 6.6 0.06 3.5 1.17 (iv) other mu 50.7 0.48 0.5 0.17 II. Family Assets 1.Electrical Appliances (i) TV set 115 1.1 7 2.30 (ii) refrigerator 72 0.69 2 0.67 (iii) washer 90 0.86 2 0.67 (iv) other 42 0.4 3 1 2.Viechles (i) van (ii) car 1 0.01 (iii) tractor 49 0.47 (iv) motorcycle 59 0.56 2 0.67 (v) other
Notes：108 sampling HHs with farmland per HH is 7.7mu.
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Table 3-6-3: Family Income and Expenditure of Sampling HHs
Bailin Xiershipu Type Per Per Per Total Total Per HH HH Capita Capita 10,000 I. Annual revenue 200.7 1.91 0.46 6.95 2.32 0.58 CNY 10,000 1.Wage 113.88 1.08 0.26 2.09 0.83 0.17 CNY 10,000 2.Agricultural 84 0.8 0.19 4.46 1.49 0.37 CNY 10,000 3.Lease 1.6 0.02 0.004 CNY 4.Self employment 10,000 1.1 0.01 0.003 business CNY 10,000 5.Poverty allowance 0.12 CNY 10,000 6.Other CNY II. Agricultural CNY/mu 5,428 3,145 Income Of which：1.grain crops CNY/mu 903 962 2.Fruits CNY/mu 2,152 2,132 3.Vegetables CNY/mu 6,321 7,605 4.Other CNY/mu 2,821 2,923 III. Annual 10,000 166.7 1.59 0.38 9.7 2.23 0.81 expenditure CNY 10,000 1. Daily life 106.1 1.01 0.24 6.2 1.07 0.52 CNY 10,000 2.Housing 17.2 0.16 0.04 1.1 0.37 0.09 CNY 10,000 3. Education 10.7 0.1 0.02 0.6 0.2 0.05 CNY 10,000 4.Medical service 4.3 0.04 0.01 0.3 0.1 0.03 CNY 10,000 5. Other 28.4 0.27 0.07 1.5 0.5 0.13 CNY
Note:108 sampling HHs with agricultural income Per HH is CNY7,800, accounting for 39.7% of total income.
24 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Table 3-6-4: Sampling HHs’ Willingness to Use Compensation
Bailin Xiershipu Type Unit Total Total 1. Replied to “Method of Compensation for HH 105 3 House” (i) Replacement of the existing residential area % 76.9 46.2 with the same size (ii) Rebuild new house % 15.4 46.2 (iii)Purchase new house % 7.7 7.7 2. Replied to “Use of LAR compensation” HH 105 3 (i) Invest in Agriculture % 3.3 0.8 (ii) Run business % 0 0.4 (iii) Self employment business % 18.3 13 (iv) Deposit % 11.7 18.6 (v) Purchase or build new house % 45.8 31.5 (vi) Daily consuming % 10.8 22.4 (vii) Purchase social insurance % 5 6.5 (viii) Other % 5 6.9
53. According to the survey for Willingness of LAR compensation, most of the surveyed HHs accepted the government’s offer to build them new houses; in Bailin village this figure is 76.9%. The HHs tend to rebuild their houses by using the monetary compensation; in Bailin village, this figure is 45%.
Table 3-7: Residential Right of Sampling HHs
Type HHs HHs Proportion HHs or persons Total HHs 108 100% 448 Of which registered 108 100% 448 Unregistered 0 0% 0 Not confirmed 0 0% － Family size － － 4.1
54. Since the proportion of vulnerable households is relatively little, in order to have a more precise understanding of affected vulnerable families, a specifically enlarged sample survey has been conducted. There were 24 vulnerable families being surveyed, which accounted for 22.2% of the total samples. Among them, there were 17 low-income HHs, which accounted for 15.74% of the total samples; 2 disabled HHs accounted for 1.85%; 2 alone elders HHs accounted for 1.85; 3 single-parent HHs accounted for 2.78%. More details are presented in Tables 3-8-1 to 3-8-2.
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Table 3-8-1: The Situation of Vulnerable Group
Type HHs Percentage Population Low-income 17 15.74% 65 Disabled 2 1.85% 3 Alone elders 2 1.85% 2 Single-parent 3 2.78% 8
Table3-8-2: Vulnerable Groups’ Willingness to Use Compensation fund
Type Bailin Xiershipu 1. Replied to “Method of Compensation for House” HH 14 3 (i) Replacement of the existing residential area with 78.6 66.7 the same size % (ii) Rebuild new house % 7.1 0 (iii) Purchase new house % 14.3 33.3 2. Replied to “Use of LAR Compensation” HH 14 3 (i) Invest in Agriculture % 0 0 (ii) Run business % 0 0 (iii) Self employment business % 7.1 0 (iv) Deposit into bank % 35.7 33.3 (v) Purchase or build new house % 28.6 0 (vi) Daily consuming % 7.1 33.3 (vii) Purchase social insurance % 7.1 33.3 (viii) Other % 14.3 0
55. In the survey, most of the interviewees were the heads of the HHs or their spouses. More details are presented in Table 3-9.
Table 3-9: The Relation between Interviewees and the Head of HHs
Identification Persons Percentage Head of HHs 58 53.70 Spouse 33 30.56 Children 5 4.63 Nephew or Niece 3 2.78 Grandchildren 1 0.93 Siblings 2 1.85 Son or Daughter in Law 4 3.70 Parents in Law 2 1.85 Total 108 100.00
56. 234 males accounted for 52.2% of total population in sampling HHs. Average duration of education of the persons in the sampling HHs was 7.8 years (males: 9.4 years,
26 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component females: 6.5 years);192 persons or 42.9% were over 36 years old. More details are presented in Table 3-10.
Table 3-10: Age, Gender and Education of Sample Group
Male Female Total Age Years of Quantity Proportion Education Quantity Proportion Quantity Proportion Education Education years person % year person % year person % year <=18 57 24.36 10 35 16.36 9 92 20.54 9.6 19-25 22 9.40 11.8 20 9.35 10.6 42 9.38 11.2 26-35 28 11.97 10.01 32 14.95 9.2 60 13.39 10.25 36-45 46 19.66 8.6 45 21.03 8.1 91 20.31 8.4 46-55 33 14.10 9.8 32 14.95 7.9 65 14.51 8.7 56-65 24 10.26 8.3 30 14.02 5.6 54 12.05 6.9 >=66 24 10.26 5.1 20 9.35 3 44 9.82 4.2 Total 234 100.00 9.4 214 100.00 6.5 448 100.00 7.8
3.3.3 Income Situation of Affected Households
57. The average total annual income per HH of sampling HHs were CNY21,500 and 26,200, respectively in 2009 and 2010. The average annual expenditure per HH were CNY19,600 and 20,300, respectively, in 2009 and 2010. Respectively, 64.97 and 64.14% of the surveyed HHs had their average annual income per capita between CNY1,000 to 5,000. About 5% were lower than CNY1,000 per capita. 20% of the surveyed HHs had their average annual income per capita between CNY 5,000-10,000. More details and expenditure distribution are presented in Table 3-11.
Table 3-11: Income and Expenditure distribution in 2009 and 2010
Income Proportion (%) Expenditure Proportion (%) Index Unit 2009 2010 2009 2010 ≤1,000 CNY 5.49 5.06 1.69 2.11 1,000-3,000 CNY 40.09 34.17 26.16 16.87 3,000-5,000 CNY 24.89 29.96 34.60 29.96 5,000-7,000 CNY 11.39 12.66 12.66 25.32 7,000-10,000 CNY 13.50 11.81 12.66 12.66 10,000-20,000 CNY 2.53 4.22 10.13 12.66 ≥20,000 CNY 2.11 2.11 2.11 0.42
58. The average total annual expenditure per capita were mainly between CNY1,000 to 5,000, accounted for 60.76 and 46.84%, respectively in 2009 and 2010. 2% of the sampling HHs were lower than CNY1,000. 12.66 and 25.32% of the surveyed HHs had their annual expenditure per capita between CNY 5,000-7,000. About 10% of the HHs’ annual expenditure per capita was between CNY 10,000 -20,000.
27 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
59. According to the average income data in 2010 of the sampling survey, 41% of their income was from agriculture, 56% from wage income, 0.5% self-business and 0.3% from property income.
60. In the two sampling villages, since they are living in the urban suburbs, the wage income accounted for more than agricultural income with urbanization of Dingxi City. The neighborhood of the Project area has been developing rapidly in the past few years. The land has been acquired constantly. The ratio of agricultural income to total income has been shrinking partly due to the constant reduce of average farmland per HH. The income structure of sampling HHs is presented in Table 3-12.
Table3-12: Income Structure
Town Fengxiang Village Unit Bailin Xiershipu Sampling HHs HH 105 3 Total income CNY10,000 200.7 6.95 Wage income CNY10,000 113.88 2.09 Proportion % 56.74 30.07 Agricultural income CNY10,000 84 4.46 Proportion % 41.85 41.07 Property rent CNY10,000 1.6 Proportion % 0.8 Other income CNY10,000 1.1 Proportion % 0.55 Poverty Allowance CNY10,000 0.12 Proportion % 0.06
3.3.4 Expenditure Structure of Affected Households
61. Considering that big goods purchase will consume the savings of many years - like housing, decoration, medical and education cost, the household expenditure is divided into two groups; one is daily expenditure; and another is other expenditure. The expenditure structure is presented in Table 3-13. Total expenditure includes daily expenditure, housing, medical service, education and other non-daily expenditures. Daily expenditure includes foods, cigarette/alcohol/tea, laundry, clothes, water and electricity, energy, TV and phone, transportation, festival and private expenditure - in total ten items. In general, daily expenditure accounts for more than 60% of total expenditure, which indicates that provision of food depends on purchases in market rather than self-production, and therefore rural residents share the same life style with their urban counterparts.
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Table 3-13 Expenditure Structure (2010)
Village Bailin Xiershipu Per HH Percentage Per HH Percentage Item CNY % CNY % Daily Expenditure 6,700 40.9 7,000 32.4 Agricultural 3,500 21.3 3,700 17.1 production Housing/ 1,600 9.8 3,700 17.1 decoration Education cost 1,500 9.1 1,200 5.6 Medical cost 400 2.4 1,000 4.6 Other 2,700 16.5 5,000 23.1 Total 16,400 100.0 21,600 100.0
Note: Education Expenditure includes accommodations of students
3.3.5 Building Structure
62. In 108 sampling HHs, houses for self-use accounted for 83.33%, for rent accounted for 2.78%, for both accounted for 13.89%. More details are presented in Table 3-14.
Table 3-14: Use of Housing
HHs Proportion Use HH % Self use 90 83.33 Rent 3 2.78 Self use and rent 15 13.89 Total 108 100.00
63. Total area of 108 sampling HHs’ houses is 38,092 square meters, averagely 352 m2 per HH and 85 m2 per capita. In all houses, 85.5% are brick-concrete, 9.3% are brick-wood, 4.8% are earth-wood. Based on present price, they evaluated their house of CNY900 to 1,000 per m2.. In the survey, 69.2% of the sampling HHs would like to be compensated by new housing; 30.8% would like cash.
3.3.6 Land Characteristics
64. In all samples, there are 836 mu of irrigated farmland, all of which are 34.4 mu or 4.1% of greenhouses, 12.55 mu or 1.5% of cypress, 4.35 mu or 0.52% of apricot seedling. In all farmlands, grain crops account for 88.7%, vegetables account for 3.9%, fruit trees account for 0.52%. More details are presented in Table 3-15.
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Table 3-15: Planting Type of Affected Land Area Proportion Income Type mu % CNY/mu Grain crops 741.7 88.72 905.5 Vegetables 33 3.95 6,766 Fruit trees 10.1 1.21 2,151.2 Other 51.2 6.12 2,826 Total 836 100.0
3.3.7 Impacts after LAR
65. The income loss for the affected HHs with land loss less than 10% will be between 1.44 to 2.73% (percentage of agricultural income loss in total income). The income loss for the affected HHs with land loss between 10 to 30% will be 2.6%-5.7%. The income loss for the affected HHs with land loss between 30-70% will be 5.7-14.4%. Averagely, the proportion of land acquisition is 17.4%, while income loss proportion will be 6.6%. 26 affected households’ income loss will be more than 10%. Impacts after LAR are presented in Table 3-16; and impacts of different LA proportions are presented in Table 3-17.
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Table 3-16: Impacts after LAR
Proportion Agricultural Income per of Affected Farmland Acquired Proportion Income Income per APs Capita Agricultural HHs before LAR Land of LA Loss Village Group Capita Income CNY/person CNY/person % HH person mu mu % % 1 6,952.78 2,776 39.9 15 72 140.70 22.84 16.23 6.5 2 6,289.19 2,454 39.0 40 185 412.10 44.74 10.86 4.2 5 10,626.67 4,618 43.5 26 120 296.60 70.54 23.78 10.3 Bailin 6,7 8,501.80 2,993 35.2 159 668 1811.10 304.9 16.83 5.9 8 5,522.37 2,196 39.8 16 76 189.80 34.2 18.02 7.2 10 6,314.07 2,521 39.9 30 135 231.70 38.36 16.56 6.6 12 7,855.56 3,267 41.6 2 9 20.30 3.73 18.37 7.6 Beiershipu Xieheping 10,515.38 4,823 45.9 3 13 19.50 2.55 13.08 6.0 Donghe Shilipu 8,176.92 2,921 35.7 17 78 125.40 36.7 29.27 10.5 Xiershipu Baozihe 9,288.89 3,622 39.0 15 63 132.50 30.5 23.02 9.0 Total 7,882.00 2,990 37.9 323 1,419 3,379.7 589.016 17.43 6.6
Note: The loss means agricultural loss due to farmland reduction.
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Table 3-17: Impacts of different LA proportion
<10% 10-30% 30-70% Affected Proportion Income Affected Proportion Income Affected Proportion Income Village Group Households of LA Loss Households of LA Loss Households of LA Loss HH % % HH % % HH % % 1 2 8.04 2.63 13 17.5 5.7 0 0 0 2 21 6.65 2.28 16 11.4 3.9 3 36.9 12.6 5 0 0 0 19 18.7 2.9 7 37.2 5.7 Bailin 6 and 7 32 8.42 1.68 98 13.7 2.7 29 36.7 7.3 8 1 6.91 2.50 13 15.5 5.6 2 39.8 14.4 10 7 8.96 2.73 20 16.1 4.9 3 36.6 11.1 12 0 0 0 2 18.4 4.8 0 0 0 Beiershipu Xieheping 1 8.73 1.51 2 15.2 2.6 0 0 0 Donghe Shilipu 3 8.28 1.44 12 29.7 5.2 2 56.3 9.8 Xiershipu Baozihe 0 0 0 14 22.0 3.8 1 37.5 6.5 Total 67 7.87 1.83 209 15.7 3.6 47 37.6 8.7
32 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
3.3.8 Affected People’s Basic Understandings on LAR
i. Basic Understanding on Social-Economic Development in Project Area
66. Most of the surveyed people were not satisfied with their present incomes. 70.52% of the interviewees were not satisfied with their incomes and their family’s incomes. 71.37% of the interviewees thought their incomes were lower than their friends’ or relatives. 81.54% of the interviewees considered their incomes haven’t reached their expectations. More details are presented in Table 3-18.
Table 3-18: Opinions on Current Living Standards of Sampling HHs
Satisfaction Compared to Compared to Level of HH Happiness one’s own Friends Options Income Options Expectation % % % % 1. Very 24.79 2.97 1. Much lower 38.46 42.06 dissatisfied 2. Dissatisfied 45.73 28.81 2. A bit lower 32.91 39.48 3. Fair 16.67 48.31 3.Fair 23.93 12.02 4. Satisfied 11.97 16.10 4. A bit higher 4.27 4.72 5. Satisfied very 0.85 4.24 5.Much higher 0.43 1.72 much
67. The surveyed people were satisfied with current social-economic development, housing and transportation situation. However, they are dissatisfied with their own and their family members’ job opportunities, employment environment and present occupations. They considered that the development emphasis of the Project should focus on the following five aspects: (i) employment improvement, (ii) residential housing construction, (iii) road network construction, (iv) urban area improvement and (v) urbanization of suburb. It indicates that government and the general public share the idea of “road network construction will improve regional development”. Satisfaction of the project environment is presented in Table 3-19, ranking of social-economic dissatisfaction is presented in Table 3-20, while assessment of development emphasis in Anding District is presented in Table 3-21.
Table 3-19: Satisfaction of Project Environment
Very Satisfied Dissatisfied Fair Satisfied Compared to Other Urban Dissatisfied Very Much Areas in Dingxi City % % % % % Social-economic situation 6.38 20.85 27.23 40.00 5.53 Job opportunities 18.14 45.57 23.63 12.24 0.42 Employment environment 16.03 44.73 25.32 13.92 0.00 Rural transportation 7.59 19.83 30.38 37.55 4.64 My occupation 11.02 28.81 36.02 20.76 3.39 My house 7.59 5.49 18.57 45.15 23.21
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Table 3-20: Ranking of Social-economic Dissatisfaction
Percentage Dissatisfaction Ranking % Undeveloped economy and service industry; Less job 26.13 1 opportunities Inconvenient transportation; poor road network 9.15 6 Undeveloped commerce, inconvenient shopping 18.02 3 Little contact with other cities, 13.93 4 Low speed development, great regional disparity 11.70 5 Low income, hard to do business 19.16 2 Other 1.91 7
Table 3-21: Assessment of Development Emphasis in Anding District
Development Emphasis Importance Ranking Residential housing construction 8.23 2 Road construction 9.13 1 Urban area improvement 7.03 6 Urbanization of suburb 7.38 5 Commerce development 8.04 3 Employment improvement 7.89 4 Pollution reduction 6.65 8 Public facilities improvement 6.89 7
Note: Importance is divided in to 10 levels, 0 is the least important, and 10 is the most important. ii. Assessment of Project Impact
68. 87.34% of the surveyed people considered that the economy and society will develop rapidly after the infrastructures are improved. The potential impact of urban transformation improvement in the project area is presented in Table 3-22. The interviewees considered that the Project will largely improve the transportation and living environment, and also contribute to self-development, employment, and education for children. Meanwhile, their income and living standard will be increased, but their housing, life style and habits might be affected negatively.
69. 26.68% of the surveyed people considered that LAR will affect their housing conditions. In general, their housing conditions have been improved due to the renovation in recent years. They reserve their views about LAR, and are concerned a bit. Especially the farmers over middle age, they are not used to living in apartments. They expect that the relocation buildings will be as spacious as their old houses with residence in front yard and breeding area in back yard. More details are presented in Table 3-22.
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Table 3-22: Assessment of Project Impact
Advantageous No Disadvantageous Don’t Advantageous Disadvantageous Option Very Much Change Very Much know % % % % % % 1. to housing 16.26 22.09 12.77 10.51 16.17 22.20 conditions 2. to living 4.24 36.95 23.31 18.39 10.53 6.59 environment 3.. to job 3.39 29.49 30.93 7.95 7.83 20.41 opportunities 4.to income 2.95 18.66 40.81 13.41 12.78 11.39 5. to live style and 4.23 6.75 33.33 31.22 15.61 8.86 customer 6. to family 4.23 6.75 65.27 4.14 5.06 14.55 relationship 7. to education for 2.95 29.83 40.93 5.61 4.44 16.24 children 8. to transportation 21.75 39.83 24.15 4.71 3.51 6.05 9. to living standard 5.49 23.55 34.18 16.94 4.66 15.18 10. to self and family future 2.95 15.19 36.22 6.88 6.24 32.52 development
70. 56 or 51.85% of interviewees considered that LAR will improve their living standard; 17 or 15.74% of interviewees considered LAR will not affect their living standard; and 8 or 7.41% them considered LAR will decrease their living standard. The middle aged or the older with low education level, shared the notion that LAR will affect them disadvantageously. This inevitably leads to the conclusion that living standard will be decreased without skill and land. More details are presented in Table 3-23.
Table 3-23: Opinions on Impact of LAR
Persons Percentage Impact person % 1. increase living standard very much 56 51.9 2. decrease living standard very much 8 7.4 3. not much 17 15.7 4. no change 14 13.0 5. no idea 13 12.0 Total 108 100
iii. The Channel and Extent of the Understanding of the Project
71. 71.62% of the surveyed people learned that their houses and lands would be acquired through earlier investigation, pre-implementation preparation and LAR survey. About 60% of them had a rudimentary knowledge of the road improvement plan. More than 60% of them knew about some local LAR policies. In the period of implement, the DUCIAM, DMG and relative towns and communities promoted people’s understanding. It indicates in
35 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Table 3-24 that compensation rate, employment, and relocation are mainly concentrated by APs. Medical service and pension rank 5th and 6th. LAR ranks the fourth. After relocation, they will keep enjoying the security policies like medical service and pension.
Table 3-24: Ranking the demands of LAR Policies
LAR Policies Degree of Concern Ranking 1.Pension 8.2 6 2.Medical Service 8.9 5 3.Minimum Social Safeguard 8.1 7 4.Employment Placement 9.1 4 5.House Compensation 9.6 2 6.Land Compensation 9.8 1 7.Relocation 9.5 3
72. Generally, APs expect a good relocation policy. 70% of the interviewees believed the government will take their benefits into account. In order words, they trust the government. 32.6% of the surveyed people held the view that the Project would honor the local government with solving the APs’ housing and living problems. 18.4% of the interviewees doubted there might be problems during the period of Project implement. Still, they have faith in the project implement and relocation policies.
3.3.9 IMPACT ON ETHNIC MINORITIES AND GENDER
73. According to the survey, there were no ethnic minorities involved. Accordingly, there is no impact on ethnic minorities in this sub-project.
74. As for the impact on relocation, the residents will obtain better dwelling conditions. For the women bearing most of labor services of the families, the improvement of dwelling conditions and environment may reduce their labor burden and lessen the impact of unfavorable environments. In the social survey for the impact on gender, the males and females were both concerned about the problem of fairly compensation and timely compensation, especially the necessary help of rebuilding their houses. Compared with the males, the females showed more concern about employment, education of the children, subsidies and separation from children and relatives.
75. As the Project is an urban development project, the APs don’t have to migrate to places far from their villages. The concerns of women about separation from their children and relatives do not exist. The different views of different genders are presented in Table 3-25.
36 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Table 3-25: Gender Analysis
Items Male Female Addressed Major No-major Major No-major Justice of compensation yes yes Timely compensation yes yes Start a new transaction yes yes Reset for the cultivation yes yes of the land Loss of income yes yes Future employment yes yes Children's education yes yes Subsidies during the yes yes reset period Separation of children yes yes and relatives
3.4 ASSESSMENT OF SOCIAL IMPACT
76. For the APs by land acquisition: They live in the urban suburbs. Along with the progress of urbanization, a few farmers in Fengxiang Town have become urban residents in 2010. For the affected people, agricultural income accounted for 40% of their total income. Since no APs lost their all lands, the land loss effects are limited. The relatively high compensation from the Project will help them create a novel income opportunity in non-agricultural fields and increase their income level.
77. For the APs by relocation: The APs by relocation are farmers. According to Anding District Urbanization Plan, their villages will be urbanized gradually. The villagers will live together, which indicates that their old social relation will remain. In order to help these people adapt the urbanization process, the local government will provide employment training and urban life guide service.
78. Women: In the Project area, women have the same right with men. There is no limitation, disparities or discrimination. Women and men make family decisions after consultation with each other. In recent years, all levels of Women's Federation have held kinds of free training for women including new agricultural technology, catering, service industry. A large number of women benefited from the training. The Project will not affect women adversely. From the employment and economic development of view, the status of women will be increased after the Project’s accomplishment.
79. Vulnerable Groups: the project area is located in the urban suburbs. There are very few poor people involved. According to relevant policies, the poor and other vulnerable groups will be taken care of. The relocation policies have taken into account vulnerable groups’ needs, and will ensure the improvement of their lives. Some special measures will offer vulnerable groups priority.
37 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
IV. LEGAL AND POLICY FRAMEWORK
4.1 GENERAL
80. The preparation and implementation of resettlement for this Project follow the laws and regulations promulgated by the People’s Republic of China (PRC) and Gansu Province, and also meet the requirements of ADB’s relevant policies. The adopted unit rates of compensation standards and rehabilitation measures in the RP will also follow them during resettlement implementation. After detailed survey and measures, the RP will be updated in terms of final asset inventory and third-party assessment, and be submitted to ADB for review prior to award of civil works contracts.
4.2 POLICY BASIS
4.2.1 Relevant Laws and Provisions Enacted by the Central Government
81. The RP for this Project follows the laws and regulations promulgated by the PRC, including:
(xxxvi) The Law of Land Administration of the PRC implemented in January 1999, and the revision implemented on August 28, 2004; (xxxvii) The Rural Land Contracting Law of the PRC implemented since March 1, 2003; (xxxviii) Law of the PRC on Urban Real Estate Administration taking effect on January 1, 1995; (xxxix) Regulations on Urban House Relocation and Compensation on state-owned land taking effect on January 21, 2011; (xl) Guiding Opinions on Appraisal of Urban House Relocation taking effect on January 1, 2004; (xli) Law of the PRC on Urban Real Estate Administration taking effect on January 1, 1995; (xlii) Decisions on Deepening the Reform and Intensifying Land Administration issued by the State Council on October 21, 2004; (xliii) Circular of the State Council on Intensifying the Land Control issued on August 31, 2006; (xliv) Real Right Law of the PRC taking effect on October 1, 2007; and (xlv) Provisions of the PRC on the Disclosure of Government Information taking effect on May 1, 2008.
4.2.2 Regulations and Policies Enacted by the People’s Government of Gansu Province
82. The RP for this Project follow the laws and regulations promulgated by Gansu Province, including:
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(xlvi) Implementation Measures for the Land Administration Law of PRC in Gansu Province promulgated on September 2, 1999, revised and effective since March 30, 2002; (xlvii) Opinion of Gansu Provincial Government on Deepening Reform and Tightening Land Administration (Gansu Provincial Government Decree 48 of 2005) Promulgated in July 2005; (xlviii) Notice of Delivering the “Operating Procedures of the Minimum Standard of Living Security in Gansu Province” (Gansu Provincial Government Decree 36 of 2009); and (xlix) Gansu Province Implementation Details for Cultivated Land Occupation Tax (revised in October 1997).
4.2.3 Regulations and Policies Enacted by the DMG
83. The RP for this Project follow the laws and regulations promulgated by Dingxi City, including: Regulation on Urban Housing and Relocation Administration taking effect on November 1, 2004.
4.2.4 ADB’s Policies on Involuntary Resettlement
84. The compilation of the RP and the implementation of resettlement work for the Project will be in accordance with the ADB’s Safeguard Policy Statement (June 2009). The implementation of resettlement will strictly follow this policy, and its approval will be obtained from ADB prior to any change. If any significant changes in the project detailed design must be made, the Project Resettlement Office will discuss with the APs, and submit a final RP to ADB for review and concurrence.
4.3 SUMMARY OF MAIN LAWS, REGULATIONS AND POLICIES
4.3.1 Summary of Relevant National and Provincial Laws and Regulations
1. Provisions on land ownership and land-use right
85. The PRC implements a socialist public ownership, i.e. an ownership by the whole people and ownerships by collectives of land. Land in urban districts shall be owned by the State. Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by peasants including land for building houses, land and hills allowed to be retained by peasants. (Article 2 and 8 of the Law of Land Administration of the PRC)
86. In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, houses owned by entities and individuals or other realties according to the statutory power limit and procedures. When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees, placement allowance, compensations for the above-ground fixtures of the lands and seedlings and other fees, arrange for social security fees for the farmers with land acquired, guarantee their livelihood ,and protect their lawful rights and interests. When requisitioning
39 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component the houses owned by entities and individuals or other realties, it is required to compensate for demolishment and relocation in accordance with law and protect the lawful rights and interests of the owners of the acquired assets. When requisitioning the individuals' residential houses, it is required to guarantee the housing conditions of the owners of the acquired houses. (Article 42 of the Real Right Law of the PRC)
87. The women and men have equal rights to contract rural farmland. The legal rights and interests of women must be protected; any organization or individual cannot alienate or infringe on their rights of contracted management of land. During the period of contract, the contractees shall not take back or adjust the land. (Articles 6, 26 and 27 of the Law of the PRC on Land Contract in Rural Areas)
2. Provisions on compensation standard of land acquisition
88. For requisitioning land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land acquired by the per capital land occupied of the unit whose land is acquired. The resettlement fees for each agricultural person to be resettled shall be 4~6 times the average annual output value of the three years preceding the acquisition of the cultivated land. But the maximum resettlement fee per hectare of land acquired shall not exceed 15 times of the average annual output value of the two years prior to the requisition. (Article 47 of the Law of Land Administration of the PRC)
89. The local people’s governments at and above county level shall take effective measures to make sure the living level of farmers whose farmland is acquired won’t be decreased for land acquisition. It is required to, in accordance with law and in full amount, pay land compensation fees, placement allowance, compensations for the above-ground fixtures of the lands and seedlings and other fees. The people’s governments of provinces, autonomous regions, municipalities who provide farmers for land compensation fees and placement allowance according to current laws and regulations but can’t keep their original living standard and can’t afford the social security fee of farmers who lose farmland due to land acquisition shall be approved to increase placement allowance. If the sum of land compensation fees and placement allowance reaches the regulated upper limit but can’t keep the original living standard of farmers whose farmland is acquired, the local governments may use the income from the compensated use of the SOL for compensation. Provinces, autonomous regions and municipalities shall establish and promulgate the uniform compensation standards by annual output value or district-based comprehensive land price. The acquired land of the same level shall be compensated for the same price. The National Key Construction Projects shall take the land acquisition fee in full amount into rough calculation. (Article 12 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
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3. Provisions on resettlement approaches of farmers whose farmland is acquired
90. People’s governments at and above county level shall formulate concrete measures to guarantee the long-term means of living of farmers whose farmland is acquired. For projects with stable earnings, farmers may become a shareholder through legally approved right to use construction land. Within planned urban areas, the local people’s governments shall bring farmers who lose farmland due to land acquisition into the urban employment system and establish a social security system. Outside the planned urban areas, to requisition collectively-owned land, the local governments shall provide necessary farmland for farmers whose farmland is acquired within the local administrative area or arrange corresponding jobs; and make resettlement in host community for farmers without land and basic living conditions. (Article 13 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
91. The farmers whose farmland is acquired may select the following resettlement approaches: (1) Placement on agricultural production. The acquisition of collectively-owned land outside the planned urban area should be made through rural collective mobile land, the land contractors voluntarily returned, added farmland due to land circulation and land development and arrangement, firstly making sure the farmers whose farmland is acquired have necessary farmland to continue agricultural production. (2) Placement on re-employment. Conditions shall be created in an active manner to provide free labor-skill training and arrange jobs for the farmers whose farmland is acquired. Under the same condition, the priority of employment should be given to farmers whose farmland is acquired by requisitioning units. For the acquisition of farmers’ collectively-owned land within the planned urban area, farmers who lose farmland due to land acquisition should be brought into the urban employment system with the social security system established. (3) Placement on shares dividends. For the land with long-term stable earnings at project sites, on a voluntary basis of farmers, after negotiation with requisitioning units, acquired rural collective economic organizations may buy shares by compensation allowance or convert the right of use of construction land into shares. By signing contract with rural collective economic organizations, farmers get returns through preference shares. (4) Resettlement in Host Community. The farmers who lose farmland due to land acquisition but can’t be provided with a basic living condition, after taking advices of acquired rural collective economic organizations and farmers, may be arranged by governments in uniform to make resettlement in Host Community. (Article 2 of Guiding Opinions on Improving Land Acquisition Compensation and Resettlement System)
4. Provisions on transparency of land acquisition information
92. During land acquisition, it is required to protect the farmers’ right of use of collectively-owned land and right to operate contracted land. Before applying for approval of land acquisition, it is required to inform the farmers whose farmland is acquired of the purpose, location, compensation rate and placement approaches of land to be acquired. The investigation result on condition of land to be acquired should be confirmed by acquired rural collective economic organizations and farmers; if necessary, related departments of Ministry
41 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component of Land and Resources should organize public hearings according to related regulations. Related documents known and confirmed by farmers whose farmland is acquired shall be submitted for approval of land acquisition. It is required to accelerate establishing and improving conciliation and arbitration mechanism on disputes in LAR, to protect legal rights of farmers and land users whose farmland is acquired. Approved land acquisition, if no special condition, should be declared publically. (Article 14 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
93. The people’s governments of provinces, autonomous regions, and municipalities should prepare approaches on distributing land compensation fees inside rural collective economic organizations based on the principle of mainly using land compensation fees for farmers whose farmland is acquired. The acquired rural collective economic organizations should disclose the incomings and outgoings and distribution of land compensation fees to the members of the organizations to receive supervision. The agricultural department, civil administration department, and other departments should enhance the supervision on distribution and use of land compensation fee. (Article 15 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
94. Administrative organs should disclose government information promptly and correctly. In case of finding any false and incomplete information that affects or may affect social stability and disturb the order of social control, administrative organs should issue correct government information within the responsibility range to clarify. (Article 6 of Provisions of the PRC on the Disclosure of Government Information)
95. Administrative organs should be active in disclosing government information in ways easily known by the masses, such as government bulletin, government website, news conference, newspapers, radio, TV, etc. (Article 15 of Provisions of the PRC on the Disclosure of Government Information)
96. Governments at all levels should establish spots for consulting government information, and prepare accessory facilities to provide convenience for citizens, juridical persons and other organizations. Administrative organs may set up public reference rooms, file acquisition spots, information publicity fields, and electronic information screens to disclose government information. Administrative organs should promptly offer disclosed government information to the National Achieves and public libraries. (Article 16 of Provisions of the PRC on the Disclosure of Government Information)
5. Provisions on house relocation
97. Regulations on Urban House Relocation and Compensation on state-owned land provides that:
Article 11:
98. Municipal and County Governments will in time publish the situations of public comments and modification according to the public comments.
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99. When the majority of the relocatees find relocation program does not comply with the provisions during the house acquisition due to the reconstruction of old city, hearings with representatives of displaced persons will be held by the Municipal and County Government; and the relocation program be modified according to the hearings.
Article 12:
100. Before the decisions of house acquisition were made, Municipal and County Government will conduct a social stability risk assessment according to relevant regulations. If the sum of acquired houses rises above a certain level, the decision will be made through government executive meeting. Before the decision is made, compensation fund will be transferred fully to a special account, and earmarking.
Article 13:
101. After the decisions of house acquisition have been made, Municipals and County Government will post a public notice in which relocation and compensation plan, administrative review, administrative litigations should be included.
102. Extensive publicity should be given by Municipals, County Government and resettlement department. The disposal of state-owned land will be reclaimed while the house is being acquired.
Article 19:
103. The compensation for acquired house will not be lower than the market price of similar property before the decisions of house acquisition were made. The value of the acquired house shall be evaluated by qualified real estate assessment institutions according to the regulation of housing assessment.
104. Any individual who has objections to the housing assessment, may request re-evaluation. Any individual, who has objections to the re-evaluation, may request Housing Assessment Committee an accreditation.
105. Housing Acquisition and Assessment Measures are formulated by Urban and Rural Housing Department of State Council. In the process of formulation, it is necessary to solicit comments and suggestions from the public general.
Article 20:
106. Real estate assessment organs will be chosen by owners of the acquired houses. If the negotiation among the owners failed, majority vote or random selection will be used. Specific measures will be formulated by the governments of provinces, autonomous regions and municipalities directly under the Central Government
107. Real estate organs will assess the acquired houses independently, objectively and publicly. Institutes and individuals may not intervene.
Article 21:
108. Relocation compensation may be monetary compensation or exchange of house
43 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component property rights. If exchange of house property will be directed by owners of the acquired houses, municipal and county government will provide houses for exchange, and calculate and sort out righteously the price difference between the exchange house and the acquired house with the owners of the acquired houses.
109. In the re-construction of old city, If the owners of the acquired houses opt to exchange house property in re-constructed areas, Municipal and County Government will provide houses for exchange in re-constructed areas or nearby.
4.3.2 Abstracts of related regulations and rules of Gansu Province
110. Land compensation and resettlement subsidy of cultivated land will follow the provisions of the Land Administration Law (Article 47). The land compensation and resettlement subsidy for other land areas (non-farmland) and attachments as well as green crops will follow the following standard. (i)Land compensation: the compensation for the acquired land areas for township village enterprises, public facilities, and community services should be 2 to 4 times of the annual average output value (AAOV) of the cultivated land for the past three years. The compensation for housing plot should follow 3 to 5 times of the AAOV of the cultivated land in the village. The compensations for waste land and unused land should follow 2 times of the AAOV of the cultivated land in the village. (ii)Resettlement Subsidy: The resettlement subsidy for the acquired land areas for township village enterprises, public facilities, community services, and housing plots should be based on the number of persons requiring economic rehabilitation, which will be based on dividing the acquired land areas and per capita land holding in the affected village. For each person who needs economic rehabilitation, the resettlement subsidy will be set at 2 to 3 times of the AAOV. However, such a resettlement subsidy should not exceed 7 times of the AAOV. For acquired waste land and unused land, no resettlement subsidy should be provided. (iii) Attachment compensation: The attachment compensation should be based on the replacement price of the constructional work. The seedlings subsidy will be set at 4 times the cost of planting the same tree; as for fruit trees in bearing, the subsidy will be set at 4 to 6 times of the AAOV. Timber tree compensation will be based on the local price of the timber. Subsidies for farmland acquisition with sand surface will be set at 2 to 3 times of the AAOV three years ago. And (iv) Green Crop Compensation: for average crops the compensation will be based on the average annual productive value. For land areas with no green crops planted, the compensation will be based on the amount of input made. (Implementation Regulation of Land Administration Law for Gansu Province, Article 24)
111. The compensation rates for acquired farmland and demolished structures for infrastructure projects. Land compensation and resettlement subsidy will follow the following standards: (i) For villages with per capita land above one mu, the land compensation for each mu of farmland will be based on 6 to 8 times of the AAOV in the past three years, and the resettlement subsidy will be based on 4 to 6 times of the AAOV. (ii) For villages with per capita farmland between 0.4 mu and 1 mu, the land compensation for each mu of farmland will be based on 8 to 10 times of the AAOV, and the resettlement subsidy will be based on 6 to 10 times of the AAOV. (iii) For village with per capita farmland below 0.4 mu, the land
44 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component compensation and resettlement subsidy for each mu of farmland will be set as no more than 25 times of the AAOV. Article 9: the land compensation and resettlement subsidy for other land, green crops, and c other attachments will follow the provision of Implementation Regulation of Land Administration Law for Gansu Province. (Method of Land Acquisition for Large Infrastructure Projects in Gansu)
112. Expropriation of rural collective land, with the average arable land above 1 mu, the total of land compensation and resettlement subsidies should not be less than 16 times of the AAOV; with the average arable land above 0.5 mu but below 1 mu, the compensation should not be less than 22 times of the AAOV; with the average arable land below 0.5 mu, the compensation should be 30 times of the AAOV. (The Suggestions of Gansu Provincial People’s Government on Deepening Reform and Strengthening Land Management, 48# issue (2005)
4.3.3 ADB’s Relevant Policies on Involuntary Resettlement
113. ADB’s Safeguard Policy Statement (June 2009) provides systematic guiding policies and operation instructions for the resettlement of its loan projects.
114. The objectives of involuntary resettlement by ADB are:
(l) If possible, involuntary resettlement should be avoided. (li) If resettlement is unavoidable, all feasible options should be explored and the scope of resettlement should be as small as possible. (lii) ensure that the displaced persons have the same economic and social conditions before and after the project. (liii) Improve the living standard of displaced poor and other vulnerable groups. 115. The principles of involuntary resettlement by ADB consists of
(liv) 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. (lv) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment 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. (lvi) 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
45 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
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. (lvii) 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. (lviii) 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. (lix) 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. (lx) 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. (lxi) 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. (lxii) 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. (lxiii) 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. (lxiv) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (lxv) 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.
4.3.4 Comparison of ADB’s Involuntary Resettlement Policies with the PRC’s LAR Policies
116. Generally speaking, there are many similarities between the ADB’s involuntary
46 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component resettlement policies and the PRC’s LAR policies, which include:
(lxvi) Both of them attach an importance to avoiding or reducing resettlement during the planning and design stage of a project; (lxvii) Both of them attach an importance to the restoration and improvement of the livelihood of APs; (lxviii) Both of them attach an importance to the openness and transparency of the resettlement policies; (lxix) Both of them attach an importance to the participation and awareness of the public during resettlement; (lxx) Both of them require that the formulation and implementation of the resettlement compensation standards must be based on the law and according to the law. 117. However, there are still some differences in some aspects between ADB’s involuntary resettlement policies and the PRC’s LAR policies, which include:
(lxxi) ADB attaches more importance to the planning prior to the implementation of resettlement, and it requires that a feasible RP must be compiled; (lxxii) The ADB’s resettlement policies require that during resettlement, all losses of all APs must be compensated according to replacement costs, including those people having no legal land ownership. However, the LAR policies of the PRC provide a different compensation policy to unlicensed buildings. (lxxiii) ADB attaches more importance to the special care extended to the vulnerable people during resettlement; and (lxxiv) ADB attaches more importance to monitoring and checking during resettlement. 118. Based on the above analysis, during the preparation for resettlement, this Project takes full account of the relevant policies of ADB and takes the following measures to meet the demands of ADB:
(lxxv) The preparation of the Project must be based on concrete socio-economic survey and physical survey, and the RP must be prepared in details; (lxxvi) Special care must be given to vulnerable people during resettlement implementation; (lxxvii) Make compensation to non-registered buildings constructed before the cut-off time, based on replacement value of structures; (lxxviii) Establish internal and external monitoring systems for resettlement. 119. With the above measures, the ADB’s resettlement policies and the PRC’s LAR policies will be seamlessly bridged and the smooth implementation of resettlement of the Project will be guaranteed.
4.4 TARGET OF RESETTLEMENT
120. During the resettlement preparation and implementation, the following targets shall be strive for:
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(lxxix) Minimizing land acquisition and house demolishment. Minimizing impact on local life and production. (lxxx) The RP should be compiled based on LAR compensation standards, for the purpose of improving or resuming original local life and production standard. (lxxxi) Production development compensation should be offered to increase working opportunities in the secondary and tertiary industries. (lxxxii) Encouraging APs’ participation in the RP.
4.5 COMPENSATION CONDITIONS
121. Following APs and organizations are entitled to receive the compensation: (i) persons whose houses are to be demolished; (ii) persons indirectly affected; (iii) persons whose lands are to be acquired; and (iv) affected organizations.
122. All people affected by land acquisition and house demolishment are entitled to receive compensation based on their actual losses which happens before the cut of date (31 December 2010) when the project redline was determined and the social and physical survey was conducted. Lands cultivated and houses built after the deadline will not be compensated.
4.6 COMPENSATION PRINCIPLES
123. Compensation shall be provided to people or agencies affected due to the Project implementation. The compensation shall be implemented in accordance with following principles:
(lxxxiii) Based on a detailed survey, negotiations on compensation with the APs should be conducted. (lxxxiv) All APs and affected stores, whether licensed or not, should be taken into consideration. (lxxxv) In case the original life standard cannot be resumed, new working opportunities should be made available. (lxxxvi) Affected vulnerable groups should receive the priority consideration in compensation, movement, and employment. (lxxxvii) All APs should be informed about rights, compensation standard, rehabilitation plan and project schedule. (lxxxviii) Monitoring and evaluation (M&E) are required to deal with relevant issues. (lxxxix) According to ADB resettlement policies, compensation for acquired houses, land and other properties shall be calculated according to full replacement cost based on market prices. The calculation of full replacement cost will be based on fair market value, transaction costs, accrued interests, transition and restoration costs and other potentially reasonable costs. Families affected by demolition will be given preferential treatment when they buy the relocated houses provided by the government. (xc) The purpose of project construction is to promote urban development in the future. Therefore, the local farmers will lose part of their lands due to this project; but they might lose all their land if the city expands in the future. ADB’s Safeguard Policy Statement (June 2009) requires the borrowers to consider the
48 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
future impact of involuntary resettlement. Considering that the farmers are likely to lose all their lands, a livelihood restoration plan will be designed for them. (xci) All affected shops/enterprises (licensed or not), shall obtain compensation for loss of earnings according to full replacement cost. Their livelihood will also be restored or improved. (xcii) The compensation and restoration measures will make sure the living standard of vulnerable families shall be improved.
4.7 COMPENSATION STANDARDS
4.7.1 Land Compensation Standards
124. Compensation standards are set up according to relative laws and regulations of the PRC, Gansu Provincial Government, DMG and ADB’s policies. Rural collective land acquisition compensation includes land compensation fees, resettlement fees, compensation for ground attachments; young crops fee (Article 47 of Land Law). Compensation standards are presented in Table 4-1.
Table 4-1: Compensation Standards for LA
Type CNY/ m2 CNY/mu Recipient Farmland 60 40,020 Land Contractor (AH) Green Corn fee 3 2,001 Land Contractor (AH)
Rural housing plots 45 30,015 Village Holders of the right to Construction Land 45 30,015 the use (state-owned) Holders of the right to Wasteland 45 30,015 the use (collective)
4.7.2 House Compensation
125. The compensation standards for replacement housing in rural areas based on replacement costs are presented in Table 4-2. The house values are divided into three groups. Monetary compensation for moving cost to relocated HHs will be provided at the standard of CNY2,400 per HH; in addition, temporary resettlement subsidy will be provided at CNY40 per capita per month (present renting market: CNY10/m2) for 12 months transition period. Standard of residential housing site will be 135 square meter per HH. Compensation standards for attachments are presented in Table 4-3; and tree compensation standards are presented in Table 4-4.
Table 4-2: Compensation Standard of Housing
Type Unit Replacement Price Note Brick-concrete 1st class CNY/ m2 765 to 459 Brick-concrete 2nd class CNY/ m2 669 to 402
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Type Unit Replacement Price Note Brick-concrete 3rd class CNY/ m2 606 to 364 Brick-wood 1st class CNY/ m2 606 to 364 Brick-wood 2nd class CNY/ m2 552 to 325 Brick-wood 3rd class CNY/ m2 462 to 277 Earth-wood 1st class CNY/ m2 510 to 307 Earth-wood 2nd class CNY/ m2 415 to 249 Earth-wood 3rd class CNY/ m2 351 to 210 Simple 1st CNY/ m2 256 to 153 Simple 2nd CNY/ m2 190 to 114 Simple 3rd CNY/ m2 128 to 78 Business Suspended CNY/ m2 15 In total six months Renter CNY/person month 40 In total 12 months Moving Allowances HH 2400 In total 12 months (if resettlement is not Temporary Transition CNY/person month 40 arranged in 12 Allowances months, the transition will be extended)
Table 4-3: Attachments Compensation
Item Unit Price（CNY） Note Brick-concrete gate m2 500-3,000 Brick-wood gate m2 1,800 Earth-wood gate m2 500 Simple gate 500 Brick wall m2 80 Concrete floor m2 30 Double brick bed 100 Single kitchen 20 Single stove 20 Double stove 30 Treble stove 40 pool m2 211 Brick-concrete m2 80-260 vegetable cellar Water pipe m 30-50 Brick floor m2 15 Trench m2 100 Telephone 8 Cable 116
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Table 4-4: Tree Compensation
Compensation Standard Diameter of Tree CNY Each Tree Less than 5 cm 10 6-10 cm 20 11-15 cm 40 16-20 cm 60 21-25 cm 80 26-30 cm 100 31-35 cm 300 36-40 cm 350 41-45 cm 500 46-50 cm 600 More than 51 cm 1,000
4.7.3 Compensation for Loss of Business Operation
126. According the regulation of DMG and the survey, operation or business suspended due to non-residential demolishment is compensated by CNY15 per square meter per month. The above affected businesses have enough time to look for new premises because they will be noticed in advance. They will receive the compensation for one month.
4.7.4 Compensation for Demolition of Temporary Structures
127. The compensation policy of the temporary structures is CNY100 per square meter. The temporary structures are those built by villagers not used for living but for storage purposes without any approval by local administration institutions, and attached to their main houses. According to ADB’s safeguard policy, the structures will be compensated based on their replacement costs. According to the house assessment agencies and local practice, CNY100 per square meter is sufficient to cover the replacement cost of such temporary structures.
4.7.5 Temporary Land Occupation 128. Existing construction land or wasteland on the project construction sites will be occupied if necessary in order to reduce farmland occupation. However, if any farmland is used temporarily for the project construction, the compensation will be provided to APs. The compensation standard is CNY3,400 per mu for one year occupation. The cost of land restoration will be included in civil work contract of each subproject.
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4.8 Entitlement Matrix
Type of APs Entitled Persons Resettlement and Compensation Standards Implementation unit Losses Compensation Policy House to be Rural residential 472 persons or The monetary compensation The standards for housing replacement cost are PRO, Resettlement demolished houses 121 HHs in 9 will be given to housing as follows: CNY 364-765 per square meter for office of Town, Village groups owners. The relocation will be brick-concrete structure; CNY277-606 per committee. conducted before house square meter for brick-wood structure; CNY demolition. 210-510 per square meter for brick-earth-wood Municipal Land Relocated house site will be structure; CNY 78-256 per square meter for Resource Bureau will coordinated by village simple structure. issue certificate for committee without charge. new land usage after The definite housing compensation is the houses are built. determined on the basis of individual assessment. The removers pay the relocation HHs and housing tenants the compensation for relocation: CNY40/person per month, in total 12months. The standard of housing site land for building houses in villages is 135 m2 / household. Rental houses 54 persons or 18 The tenants have priority to Tenants will receive compensation of PRO, Resettlement for living HHs lease, to be compensated; CNY40/person per month, for 12months if they office of Town, Village The tenants will obtain can’t find new places before house demolition committee. appropriate rights according housing lease agreement Self-employed 27small (i) The relocated people The standards for housing replacement cost are PRO, Relative HHs businesses with a are compensated according as follows: CNY 364-765 per square meter for department of total building area to the house compensation brick-concrete structure; CNY277-606 per Township of 4,986 square standard; square meter for brick-wood structure; CNY Government, meters (ii) Individual proprietors 210-510 per square meter for brick-earth-wood Resettlement office of are compensated for losses structure; CNY 78-256 per square meter for Town, Village from production suspension simple structure. The definite housing committee. and cessation of business compensation is determined on the basis of according to construction individual assessment. The land is areas; compensated in CNY 45 per square meter.
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Type of APs Entitled Persons Resettlement and Compensation Standards Implementation unit Losses Compensation Policy (iii) Property owners will be Compensation for production suspension and provided with relocation and cessation of business will be CNY15 /square transition fees. meter. Construction land of 8,525 square meters (iv) Lessees are will be provided to relocate small businesses. compensated for losses from production suspension and cessation Collectively- 11 Groups of 1,149persons or (i) There is no land Farmland: CNY60/square meter; PRO, Resettlement owned 4 Villages 323 HHs adjustment in all affected Seedling: CNY3/square meter; office of Town, Village farmland of villages. Non-farmland: CNY45/square meter. committee. 589.02mu, (ii) The compensation for 100% of the compensation for contracted housing of the acquired land is set farmland. Residential land and wasteland will be 123.54 mu, according to land acquisition paid to affected village committees. and compensation standards. wasteland of (iii) The compensation for 214.01 mu above-ground attachments belongs to its owner.
Temporary Rural HHs Will survey during The monetary compensation Based on average annual output: CNY3,400/mu PRO, Resettlement land implementation will be given according to the The cost of land restoration will be included in office of Town, Village actual useful years during the civil work contract. committee. project construction. Trees Owners The villagers, The monetary compensation Trees of economic value: CNY10-1,000 each PRO, Resettlement villages or other or transplant fee will be given office of Town, Village institutes to all APs committee. according to the entitlement Other Owners The villagers, The monetary compensation Cattle pen: CNY400//square meter; PRO, Relative Agricultural villages or other will be given according to Agricultural production building: CNY700/square department of Production institutes replacement price. meter. Water Cellar: CNY 2,000/set; The Township Facilities according to the monetary compensation will be given according Government, entitlement to replacement price. Methane tank: Resettlement office of CNY4,500/set (two holes); Ammonia tank: CNY Town, Village 300/cubic meter committee.
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Type of APs Entitled Persons Resettlement and Compensation Standards Implementation unit Losses Compensation Policy Vulnerable Low-income 78persons from PRO, Relative Groups HHs(less than 24 HHs (1) Helps on relocation will be Setting up a fund of CNY 30,000 to help the department of per capita given to vulnerable HHs vulnerable groups. Every relocated HH that lives Township CNY1,000 per through village committees. below the MLGL/poverty line will get a living Government, year in rural (2) Village committees take subsidy of CNY 1,000. Resettlement office of area; HH with at the responsibility of offering Town, Village least one transitional houses to committee. disabled；Senior vulnerable HHs if transitional Citizen HHs; period exists. Single-parent (3) HHs
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V. PUBLIC PARTICIPATION AND CONSULTATION
129. In the decision process of the planning, design and implementation of the Project, The DUCIAM and Dingxi Housing Demolition Company (DHDC) took the opportunity of socioeconomic surveys and social effect evaluation to propagandize the background information of the Project in various ways, made consultations with all kinds of APs and negotiated about the common concerns. The public participation and consultation provide a basis for the improvement of the RP.
5.1 PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES PERFORMED
130. As to all significant topics for discussion involved in the planning stage of resettlement, the DUCIAM has organized design organizations, consultant organizations, local ROs and affected population to disclose information and conduct public consultation in various ways. Main disclosure and consultation activities so far are shown in Table 5-1.
Table 5-1: Main Activities of Resettlement Information Disclosure and Consultation
Content of No. of No. Time Disclosure and Participant Organizer Participant Consultation Shanghai Municipal Engineering Optimization of Design Institute, Gansu Taohe Civil 2009.8－ 1 project design Engineering Design &Consulting 25 DUCIAM 2010.2 scheme company, Affected Villages and Representatives of APs Shanghai Municipal Engineering Design Institute, National Statistics 2010.12 Bureau Dingxi Investigation Team, 3 Amount of LAR 250 DUCIAM －2011.3 Gansu Taohe Civil Engineering Design &Consulting company, Affected Businesses and Villages Shanghai Municipal Engineering Design Institute, National Statistics Bureau Dingxi Investigation Team, Compensation 2010.12 Gansu Taohe Civil Engineering 4 rate for land 40 DUCIAM －2011.3 Design &Consulting company, Local requisition villages, groups, Affected Businesses and Villages. Representatives of APs Shanghai Municipal Engineering Design Institute, Gansu Taohe Civil Engineering Design &Consulting 2010.12 Compensation 5 company, National Statistics Bureau 118 DUCIAM －2011.2 rate for houses Dingxi Investigation Team, Affected Institutions and Enterprises, Affected Villages and Representatives of APs
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Shanghai Municipal Engineering Design Institute, Gansu Taohe Civil 2010.12 Social effect of Engineering Design &Consulting 6 250 DUCIAM －2011.2 the project company, Resettlement Consultants, APs, Affected Institutions and Enterprises, DUCIGC, Resettlement Consultants, Resettlement 2010.12 Affected Institutions and Enterprises, 7 mode and 70 DUCIAM －2011.1 Gansu Taohe Civil Engineering desire Design &Consulting company, APs. 2010.12 Resettlement 8 DUCIGC, Affected Businesses. 70 DUCIAM －2011.2 policies Negotiation on DUCIGC, Gansu Taohe Civil 2010.12 9 resettlement Engineering Design &Consulting 25 DUCIAM —2011.3 locations company, APs. DUCIGC, Gansu Taohe Civil Resettlement of 2010. 12 Engineering Design &Consulting 10 enterprises and 27 DUCIAM －2011.3 company, Affected Institutions and institutions Enterprises.
5.2 FEEDBACK ON PUBLIC PARTICIPATION AND CONSULTATION
131. From December 2010 to March 2011, the RP preparation agency and the National Statistics Bureau Dingxi Investigation Team generalized and summarized the opinions and advices put forward by them, timely fed back to engineering design organizations, and fully considered and absorbed these opinions and advices when formulating the RP. Feedback on public participation and negotiation up to now is shown in Table 5-2.
Table 5-2: Feedback on Public Participation and Consultation
Reasons and Results Measures for Improvement Item Problems
Try to avoid or reduce the compact districts of houses passed through in the design of the project. Project design should try to implement on the current base, reduce scale of land acquisition and house Land It makes residents lose Road project will relocation. requisition original houses, affecting demolish some and their daily life. houses. First Phase of Jiaotong Rd.: based relocation on the comparative selection of part ‘K1+160~K2+18’,the sideline of road is guaranteed to outside the surrounding wall of Bailin Primary School
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Determine the affected scope as soon as possible and inform affected population of them. So relocated HHs can build new houses and tenants can arrange their living in Most residents, advance. particularly For example, one household in peasants, haven’t 5’She’ of Bailin Village eventually received relevant Relocated HHs and understood the land acquisition of information of the tenants will be affected his housing sit and farmland with the project through and might be able to timely explanation of village committee. formal channels, arrange their living especially At the same time, it is advised that regarding definite relevant information of the project LAR time. should be widely spread to give affected population profound understanding and sufficient knowledge in a palpable manner, such as broadcast, television, local drama, song, regular meeting, etc.
The masses are The compensation and The resettlement divisions should concerned about allocation of the funds are disseminate relevant compensation the compensation related to living support of rate before the construction and and allocation of relocated HHs. make the masses well-informed. the funds.
It is advised that strict institutional Compensati and financial disclosure should be on funds implemented, such as disclosure of Some residents worry that compensation rate, measurement Allocation mode of compensation funds won’t size, evaluation grade, etc. After the compensation be allocated fully or will be determination of compensation funds. held back. funds, they should be posted for disclosure and subject to the participation and supervision of affected population. Compensation funds are directly allocated to the peasants in the form of bankbooks.
The project construction will cause damage to original power and communication facilities (e.g. wire stands, Try to reduce damages to existing transformers and public facilities; maintain damaged The construction of communication public facilities or change their Public the Project will transmission towers) to courses in the process of facilities and cause damage to some extent. And water construction to avoid unnecessary environment infrastructure to supply facilities and conflicts. Try to repair and rebuild different extents. access roads of some damaged public facilities as well as residents and enterprises power and communication facilities. are also involved, which exerts negative influence to production and residents’ living.
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Because traffic on roads Construct green belts at both sides causes a lot of noise, of the road during the project Noise pollution normal work and rest of construction; in special road section, the residents living near to sound-insulated wall may be set to roads will be affected. reduce noise.
Some auxiliary It is advised to build traffic lights in Auxiliary Traffic facilities for facilities are to be places where the population is facilities crossing the road. established. dense.
To hand out resettlement manuals and establish channels for complaints and feedback, for Let displaced persons instance, hot line for complaints and Let displaced share project benefits and suggestion boxes. To set up a Mass persons take part promote the enthusiasm of consultative system. To hold as participation in each cycle of the local governments at all many as possible consultation project. levels and the masses. meetings participated by project office, street offices, and representatives of villagers’ committees and displaced persons.
5.3 CONSULTATION PLAN WITH AFFECTED PEOPLE
132. With the continual advance of the preparation and construction of the Project, the DUCIAM shall carry out further consultation activities. Main contents of consultation include:
(xciii) Concrete opinions of APs on the engineering design. Before the construction, the DUCIAM shall inform the APs along the lines of the design information and the specific effects of the project. At the beginning of the construction, the DUCIAM will implement exploratory survey along the lines and determine the concrete positions and sizes and so on of structures. For places with which the masses aren’t very satisfied, the DUCIAM will organize the design department again to revise the design on the premise that engineering standards are met. (xciv) Arrangement of compensation for relocated households and payment procedures. (xcv) Measures of enterprises and institutions for avoiding being affected and recovering. (xcvi) How to rehabilitate electricity and water supply functions affected during the construction period. And (xcvii) Other problems concerned by displaced persons. 133. See Table 5-3 for time arrangement for further consultation meetings of ROs at all levels and APs. According to work arrangement of the DUCIAM, district and street administrative offices, villages (communities) will hold consultation meetings and report relevant situations to the Resettlement Division. Besides participating in the consultation activities organized by the DUCIAM, monitoring departments also should hold meetings on other monitoring problems and collect the complaints and suggestions of affected people, and then provide monitoring information to land acquisition departments at all levels.
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Table 5-3: Time Arrangement for Consultative Meetings with APs
Content Time Attendees Comments on engineering January 2011- DUCIAM, design department, independent design November 2011 monitoring institution Resettlement mode and concrete February 2011- DUCIAM, design department, independent implementation plan August 2011 monitoring institution The whole period of Rehabilitation of electricity and DUCIAM, Affected villages, independent project water supply monitoring institution implementation The whole period of Problems occurred during the DUCIAM, Affected villages, independent project project implementation monitoring institution implementation The whole period of Collection of suggestions and project Independent monitoring institution, DUCIAM complaints implementation
5.4 METHODS OF CONSULTATION OF APs DURING PROJECT IMPLEMENTATION
5.4.1 Direct Meeting
(xcviii) APs’ meeting Meetings with representatives of APs or village cadres should be held to collect their key problems and ideas for which the opinions from local government and RO should be obtained. (xcix) Affected enterprises and institutions consultation meeting For relocation site, compensation ratio, etc. concerning enterprises, institutions and small businesses, consensus should be reached with their legal persons or representatives through consultation. (c) Consultation meeting on town-level land acquisition Consultation meeting on LAR should be organized jointly by subcomponent ROs and held separately. Organize APs to visit the resettlement location and auxiliary facilities for the convenience of their selections. And collect their opinions to improve the RP. After the meeting, relevant personnel should visit APs and the latter should sign Resettlement Compensation Agreement through full negotiation. 5.4.2 Indirect Consultation
134. APs may reflect their complaints, ideas and suggestions to village (community) committee and resettlement and monitoring departments at all levels. The ROs should feedback relevant handling ideas.
5.5 INFORMATION DISCLOSURE
135. In order to let all APs understand in time and thoroughly the resettlement policy and implementation of the project so that resettlement can be carried out openly, fairly and transparently, resettlement agencies at all levels adoptted the following measures:
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(ci) Before March 31, 2012, the resettlement policies and standards will be published in Dingxi Daily or other media; (cii) Each affected village/community should disclose its situation of APs, compensation rates, resettlement measures, and complaint and appeal channels in public. (ciii) Before March 31, 2012, the RP for the Project will be available at the public libraries or other public places of affected areas, to which all APs may refer at any moment; (civ) Provide one Resettlement Information Booklet for each household affected before March 31, 2012. 136. The following will be listed in detail in the Resettlement Information Booklet: the situations of various affected families, proper compensation policy and compensation rates, project progress, procedures for solving dissatisfactions and complaints of displaced persons. The booklet will be issued to APs after the RP is approved by the DMG and ADB, and its pattern is as shown in APPENDIX I. The RP will be posted on ADB Website in compliance with the ADB’s Safeguard Policy Statement after approved by the DMG, and reviewed by ADB.
137. The various types of compensation standards listed in this RP, which are based on the field investigations, the laws of PRC and regulations of Gansu Province and the ADB’s Safeguard Policy Statement, aiming to rehabilitate and improve the APs’ life in the short term, are developed after the consultation of the affected enterprises and institutions, local inhabitants and local government. These standards take the full consideration of the various implementing construction projects and the operability of the future construction process.
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VI. IMPLEMENTATION PLAN FOR RESETTLEMENT AND REHABILITATION
6.1 OBJECTIVES AND PRINCIPLES
6.1.1 Objectives of resettlement and rehabilitation
138. In accordance with the policies on involuntary resettlement of ADB and the requirements of relevant national laws and regulations, the overall objective of the resettlement of the Project is to rehabilitate as soon as possible and improve as much as possible the living conditions and production of affected population and enterprises and public institutions. The concrete objectives are as follows:
(cv) Affected households will obtain compensation calculated by replacement cost, and the area, structure and living environment of their reconstructed houses may reach and exceed the levels prior to relocation; (cvi) All kinds of attachments to the ground affected are compensated by replacement cost; (cvii) Public buildings and special facilities are compensated by replacement cost and may be rehabilitated to their original status; (cviii) After reconstruction of enterprises, their production scale and capability as well as employment of employees will not be affected. No labor force in affected enterprises will lose their jobs permanently; (cix) Public facilities and environment of affected communities will be rehabilitated to their original status and even improved; (cx) Farmers whose land is acquired will be properly allocated compensation, and their incomes will be guaranteed and increased by improving production conditions. No farmers will lose their livelihoods permanently due to land acquisition. (cxi) With full consideration of land loss completely due to the new district construction, concrete social security measures should be applied.
6.1.2 Principles of Resettlement and Rehabilitation
139. Following principles shall be adopted during the resettlement and rehabilitation implementation.
(cxii) APs will participate in the whole process of resettlement. For issues including compensation rates of houses and facilities, selection of sites of resettlement, schedule of relocation, schedule of rehabilitation, fund disbursement, and measures for rehabilitation of production and operation, APs or their representatives must be involved and consulted with to reach an agreement. Symposia of representatives and consultation meetings of affected residents or affected villagers will be held. (cxiii) All compensation will be completely and directly given to the APs.
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Set up special account for compensation fund to keep any unit, individual or villagers’ committee (community) (including every district, township and street) from retaining compensation fund. (cxiv) Compensation for houses, special facilities and attachments to the ground will be calculated by replacement cost. The amount of compensation shall not be retained, depreciated or levied taxes. The compensation obtained by property owners must be calculated by the publicized rates. All the property of originally built structures shall belong to property owners. There shall be no depreciation of property values based on age. The residual value of surplus material left after relocation shall not be deducted from compensation. Taxes for re-registering land, property and other fees will either be waived or will be paid by the IA. (cxv) Help and care will be offered to vulnerable groups. Vulnerable families should be given priority in selection of resettlement housing, offer of information on resettlement housing, supply of low-rent housing, and purchase price of affordable housing; and in employment opportunities created in the process of project implementation, distribution of service networks at resettlement sites, etc. (cxvi) Compensation for acquired houses, land and other properties shall be calculated according to full replacement cost. The calculation of full replacement cost will be based on fair market value, transaction cost, accrued interest, transition and restoration cost and other potential reasonable costs. Affected families due to demolition will be given preferential treatment when they buy the relocated houses provided by the government. (cxvii) The purpose of the Project is to promote urban development in the future. Therefore, the local farmers will lose part of their lands because of the Project at this time but will experience future city expansion and lose more land. ADB’s Safeguard Policy Statement (June 2009) requires the borrowers to consider the future impact of involuntary resettlement. Considering that the farmers are likely to lose all lands in future due to the urbanization of the project city, a livelihood restoration plan will be designed for them that emphasizes non-farm activities. Meanwhile, the farmers who lose all lands will be considered as urban households without employment (for such a household, the DMG will offer at least one job for the family, transfer them from rural residents to urban residents, and provide urban minimum living safeguard system to them.), and be offered necessary training and priority to be employed. (cxviii) All affected shops/enterprises (licensed or not) shall obtain compensation for loss of earnings according to full replacement cost. Their livelihood will also be restored or improved. The compensation and restoration measures will make sure the living standard of vulnerable families shall be improved.
6.2 THE RELOCATEES’ WILLINGNESS OF RESETTLEMENT
140. In order to ensure the process of resettlement and establish a procedure of public participation and consultation for APs, the DUCIAM conducted the investigation, workshop, and hearings with relocatees in terms of compensation policies, housing site selections and their willingness and advice. The relocatees’ willingness of resettlement include as below:
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(cxix) Most of the rural relocatees wish to rebuild houses on their own contracted land, with help from village committee. The area of each HHs’ housing site is 135 square meters. Their original houses and lands will be compensated. The relocation will be conducted before house demolition. It is confirmed that there are house sites for relocation in affected villages. (cxx) Some of the relocatees who chose resettlement housing wish to increase the proportion of small apartment. The resettlement housing design has been updated in accordance with their needs and suggestions. (cxxi) Some of the relocatees would like move into urban resettlement housing. (cxxii) During the implementation period, if some affected families need to buy houses in the city, they may purchase commercial residential buildings in the real estate market after being compensated at replacement price.
6.3 THE RESETTLEMENT OF RURAL HOUSEHOLDS
141. The APs may build their houses in their villages, purchase commercial residential apartments, or relocate to the resettlement housing area. The detailed relocation plan is shown below:
(cxxiii) Groups 1 and 2 in Bailin Village: the APs will be relocated within the same groups. There are five (5) HHs, in total 650 square meters (or 0.97 mu). (cxxiv) Groups 6, 7, 8, 10 and 12 in Bailin Village; Berershilipu and Xieheping Group: the APs will be relocated in Beiershilipu (DUCIAM and local government will provide housing sites with necessary infrastructures, and the APs will build houses themselves). There are 98 HHs, in total 19,208 square meters (or 28.798mu; land occupation of infrastructure has been calculated in). Considering the relocation is close to where the APs currently live, they have agreed on this arrangement. (cxxv) Shilipu and Bozhihe groups: 18 HHs in total will be relocated in government subsidized housing units at the price of CNY1,880 per square meter. It’s affordable to purchase such apartments for APs since the area of their demolished houses are big. For instance, one of the APs has a house of 170 square meters, they can afford to buy a subsidized housing unit of 69.2 square meters according to the compensation standard. (cxxvi) Local government promised that all affected 24 poor households will have their replacement houses. 142. For affected households (and small businesses) who are required to resettle in other places, housing land will be provided freely. The DUCIAM will work with municipal land administrative bureau, planning bureau and district government to determine lands for resettlement. Affected households (and small businesses) will build their houses according to unique planning and design. The municipal administrative bureau will issue certificate for the new housing land after buildings completion. The DUCIAM and local government will be responsible for completion of basic site construction and infrastructures such as roads, supply water and electricity, etc. for new relocation places. The affected households will be easy to build their houses. According to local construction cost of brick-concrete structures of about CNY 500 per square meter, the compensation is sufficient for building new houses even though affected households need to hire some labors for house construction.
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143. Rural relocation plan is shown in Table 6-1.
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Table 6-1: Resettlement Plan of Affected Rural Residents
Self-constructed Relocation Housing Subsidized Housing HHs Population Housing Village Group Resettlement Sites HHs Housing Area HHs Housing Area HHs Price HH person HH m2 HH m2 HH CNY/ m2 1 4 18 Self-constructed 4 520 2 1 4 Self-constructed 1 130 5 0 0 none Bailin 6,7 39 119 Resettle in Beiershilipu 39 7,644 8 11 50 Resettle in Beiershilipu 11 2,156 10 5 13 Resettle in Beiershilipu 5 980 12 23 101 Resettle in Beiershilipu 23 4,508 Beiershipu Xieheping 20 88 Resettle in Beiershilipu 20 3,920 Donghe Shilipu 10 43 Subsidized housing 10 1,880 Xiershi Bozhihe 8 36 Subsidized housing 8 1,880 Total 121 472 5 650 98 19,208 18 1,880
Note: Collective resettlement in Beiershilipu has been approved by APs. It will be good for the resettlement housing construction.
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6.4 RESETTLEMENT AND REHABILITATION OF AFFECTED SMALL BUSINESSES
144. There are 27 small enterprises or businesses affected scattered in the Project area. According the field survey, there are two kinds of businesses afefected. The first group includes non-commercial facilities and buildings, such as lavatories, power distribution rooms, and idle buildings. These buildings will be either compensated monetarily or rebuilt during the construction period. The second group includes production and business enterprises or self-operated stores. New premises will be found with the assistance of the local government and the new shops arranged before relocation for them. They will have no losses on relocation with the relocation subsidy. It’s easy to find new premises since most of the affected businesses are small-scale (relocation first, demolition later). Among the 27 small businesses, the Starch Factory and Shibalipu Flour Factory have been closed down. These two factories have agreed that they will allow the road pass through after the compensation and removal of the properties.
145. According the above analysis, house demolition has minor effects on business activities. Enterprises and employees don’t suffer any loss. The relocatees will obtain relocation subsides. The standard of subsidies are determined by Dingxi Price Bureau (market price has been considered too) and used for compensating equipment move and installation. The relocatees’ income will not be lowered. DPMO will help APs obtain house sites for relocation and production, and ensure the entire process.
146. Eighteen out of 27 businesses will reopen in their native places, two (2) out of 27 will dispose their assets, seven (7) out of 27 will be restored in Beiershilipu (will have new premises, after full consultation). A total house land of 8,525 square meters will be acquired. Most of affected small businesses are self-employed shops and they will be relocated on their residential lands, which are provided by the Project. The coal plant will be moved to Beiershilipu and the same area of housing land of 1,964 square meters will be provided. The compensation for housing land is at CNY45 per square meters. The restoration plan for affected businesses is presented in Table 6-2.
Table 6-2: Restoration Plan for Small Businesses
Area of Restoration Plan Area of Number of House In Native Housing Village Unit Houses Employees Move to Lands Places Area m2 m2 person m2 Building Ximing 53 53 2 new houses Coal Plant 1,963.67 1,178.2 2 Beiershlipu 1,963.67 Building Bailin Jinlin Store 64.8 64.8 2 new houses Building Mill A 112.5 112.5 1 new houses Mill B 84.8 84.8 1 Building
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Area of Restoration Plan Area of Number of House In Native Housing Village Unit Houses Employees Move to Lands Places Area m2 m2 person m2 new houses Building Welding Plant 34 34 2 new houses Building Nongjiale 78 78 3 new restauraunt houses Building Wangjin 24 24 2 new Grocery houses Building Daliy Grocery 32 32 1 new houses Building Post Office 18 18 1 new houses
Noodles 30 30 2 Beiershlipu 30 factory
China Mobile 20 20 2 Beiershlipu 20
provender 50 50 2 Beiershlipu 50 mill
Building Waste 428 60 2 new Recycle houses Bailin Steel 380 120 5 Beiershlipu 380 wholesale Building Yangji Oil Mill 80 80 3 new houses Flour Mill 260 110 4 Beiershlipu 260 Building Xinyu Oil 104 104 3 new houses Building Tianyi 22 22 2 new Grocery houses Shang shoe 10 10 1 Beiershlipu 10 shop Building Flour shop 20 20 1 new houses Building Zhenghua 40 40 2 new ceramics houses Starch 2,561.5 1,588.13 0 Disposal
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Area of Restoration Plan Area of Number of House In Native Housing Village Unit Houses Employees Move to Lands Places Area m2 m2 person m2 Factory of assets Shipalipu Disposal 1,408.5 859.18 0 Flour Mill of assets Building Shulan 60 60 2 new Grocery houses Building Lvyintang Silk 562.5 109.3 2 new noodles houses Building Meimei store 24 24 1 new Bailin houses Total 8,525.27 4,986 51 2,713.67
Note：Restoration in Beiershilipu has been consulted with the affected businesses. New premises will be provided. There are residents living in new resettlement community as a market for restored businesses.
6.5 RESETTLEMENT PLAN OF BEIERSHIPU
147. DPMO is in charge of the land acquisition and infrastructure development in Beiershipu. Ninety eight HHs and seven (7) small businesses will be relocated in Beiershipu; accordingly, the occupation of land will be 41.58mu. The resettlement community is located near the village committee. APs may build their houses after infrastructure development is accomplished. The schedule of the resettlement is presented in Table 6-3.
Table 6-3: Schedule of Construction of Resettlement Site in Beiershipu
Action Time Complete detailed design, get approval, and start June 2012 tender invitation Mobilize infrastructure construction July 2012 Complete necessary facility September 2012 APs start to build houses October 2012
6.6 REHABILITATION OF LIVING CONDITIONS OF FARMERS AFFECTED BY LAND ACQUISITION
6.6.1 The Overall Plan
148. Resettlement plan fully reflects the participatory approaches and concepts. Resettlement policies are as follows: to respect the wishes of the APs and to maintain their existing production and life traditions. According to the survey and consultation with local APs, the APs are provided with the monetary compensation which can be used to improve existing agricultural conditions, such as expansion of irrigation systems, or invest in other
68 Gansu Urban Infrastructure Development and Wetland Protection Project sidelines or non-agricultural production activities.
149. The resettlement and restoration principals, which are formulated from the policies as follows:
(cxxvii) The resettlement plan is based on physical indicators of land acquisition and demolition and the compensation for land acquisition and subsidy criteria. (cxxviii) Resettlement, combined with regional development, resource development, economic development and environmental protection, reflects the sustainability of the development of local economy and the affected farmers. Taking into account the local natural and socio-economic conditions, practical RP should be formulated to restore and develop production, and create basic conditions for long-term sustainable development. (cxxix) Resettlement plan should be formulated in accordance with the "benefit production and facilitate life" principle. (cxxx) Considerate fully and broadly, handle the relationship of the state, collectives, and individuals correctly. (cxxxi) The APs gradually meet or exceed the original standard of living by way of making full use of local natural resources, increasing technologic investment, improving agricultural production. 150. According to APs’ advice and suggestions, combined with the actual situation of the affected areas, the basic recovery plan is determined as follows:
(cxxxii) APs are resettled in the village so that they can keep the original way of life and production as well as social relationship, recover and improve their production and income levels after land acquisition, and enhance the initiative and adaptation in living and production. (cxxxiii) The households affected by land acquisition can get land compensation and resettlement fees.
6.6.2 The RP for APs’ production
151. In the project impact survey and resettlement planning process, by using participatory methods of work, the resettlement planning group held meetings with the leaders of the affected town and villages involved and consulted with representatives on proposed compensation policies and rehabilitation measures.
152. In the process of land acquisition, the land administration department will distribute the request for proposals, which regulates the standards of land compensation and resettlement fees and hold resettlement compensation hearings. The DUCIAM will handle land acquisition procedures under the regulations. After the land acquisition application is approved, Dingxi City Land Resources Bureau will handle the land acquisition procedures. Dingxi City Land Resources Bureau will sign the land acquisition agreement with affected villages after it is approved and publicized by affected villages.
153. Impact of land acquisition varies from village to village. Therefore, the rehabilitation plan should be based on the degree of impact, the availability of remaining land resources and the will of the affected staff. In order to increase the APs’ income, the following measures
69 Gansu Urban Infrastructure Development and Wetland Protection Project will be adopted: develop characteristic agriculture along with traditional agriculture to increase unit output; improve labor export; rent out excess houses; increase employment in private workshops or processing Industry; and develop Industry and trade. Theoretically, APs can save the compensation into commercial banks to earn interests, which is higher than their loss due to land acquisitions based on annual agricultural production, see Annex I in details. On other hand, they can improve their income though change planting structure or develop non-farm businesses, as presented in Annex I. They should have such opportunity because they live near urban areas and industry zone of Dingxi City. The DPMO with support by Dingxi Municipal Government will provide relevant training for APs to improve their employment skill of APs as presented in Section 6.7.
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6.6.3 Social Pension Insurance of the Landless Farmers
154. Gansu Provincial Government issued “Pension Insurance Method of Farmers Whose Land Is Acquired of Gansu Province”, and Dingxi Municipal Government will implement the Method in the Project. The method covers partial land acquisition and complete land acquisition. Farmers who lose their land more than 20% are qualified to participate in the pension insurance system. Farmers will pay 40% of the insurance and local government will pay 60%, see Annex II for details.
6.7 TRAINING FOR FARMERS AFFECTED BY LAND ACQUISITION
155. The project area is in the nearby suburbs of Dingxi City. Many farmers in this area have lost their farmlands due to the urbanization. In the future, there will be more farmers losing farmland. The training may help farmers affected by land acquisition improve their employability in cities. Survey and workshops indicate that most of the farmers in employment age would like to learn some work skills if they don’t have to pay much. According to the survey data, approximately 9,000 farmers (one third are women) have such demand for training. In accordance with “Employment and Reemployment Fund Management in Gansu Province” (Gansu Financing Decree 103 of 2006), qualified training institutions may apply for occupational subsidy once (Expenses for training can be remitted). Labor section and other relative sections appoint training institutions and training courses. Before the training courses start, the contents of the training courses (including training program, students, training duration and training methods) will be submitted to labor and financing department. Qualified training institutions may apply for training subsidies after the training. The subsidies are usually set at CNY300-400 per person. According to relative policies, the Project will offer employment training and urban life guide to all affected farmers. Restoration training will help them obtain more job opportunities and improve their income level and living standard. In 2010, 4,100 farmers were trained in Anding District, including about 2,000 farmers whose land was acquired. Main contents of training included: skill training such as computer operation, building construction, and service industry. The training is combined with the future development of Dingxi New Urban Area and local industrial parks, and increase skill of APs to work in manufacture industry such as the basic skill required by Dingxi Gaoqiang Screw Co., Dingxi Jinrong Piston Co., and Dingxi Jindadi Potato Development Co., etc. Dingxi Social Safeguard Bureau provides employment information to APs freely and APs can find jobs suitable for them. The training has created many job opportunities to the farmers. Accordingly, their living standard and quality have been improved.
156. Anding District Government will provide such training program to farmers affected by the Project. Affected farmers will have opportunity to get skill training during the project implementation. Anding District Government will provide different training courses to affected farmers combining local development of industrial or service sectors, and labor needs. The PMO will hold meeting with affected farmers with assistance of local governments to understand demand of the affect farmers in skill development. All training courses will be free
71 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component to affected farmers. The Project has prepared a training plan for farmers who will be affected by the Project as presented in Table 6-9. Affected farmers will be trained to improve their skills for rehabilitation according to their real needs and levels affected by the Project. The training can mitigate negative impacts to the farmers due to land acquisition, and promote their rehabilitation, at least recovery to their original living conditions. Two family members at least (one male and one female if possible) each affected household will be trained.
Table 6-9: Training Plan for Affected Farmers
Number of Budget No. Skill Participants (CNY10,000) (person) 1 Potato and wheat planting 350 5.5 2 Chinese medicine (herb) planting 250 8.5 3 Small business 250 5.5 4 Happy Farmers restaurants 210 21 5 Vehicle drive 30 3.5 6 Skills for different industrial sectors To be decided 35.5435 Total +1090 79.5435
6.8 SOCIAL SAFEGUARD FOR AFFECTED POOR AND VULNERABLE GROUPS
157. Minimum Living Security (MLS): Minimum Living Security Line of rural residents in Anding District is CNY1,000 per capita per year. For individual whose annual income under the line, the MLS will make up for their annual income to CNY1,000. MLSL of rural residents in Fengxiang Town is divided into four levels of 107, 77, 62 and 30 CNY per month, respectively. MLSL of urban residents in Anding District is CNY230 per capita per month. For individual whose annual income under the line, the MLS will make up for their monthly income to CNY230.
158. Medical Insurance for Low-income: Urban low income HHs in Anding District enjoy medical insurance worth CNY100 per capita each year (CNY10 paid by individuals, CNY90 by government). Rural residents covered by MLS enjoy CNY70 medical insurance (CNY20 paid by individuals, CNY50 paid by government). All rural low-income households’ insurance premiums are paid by government (from a medical assistance fund in rural areas).
159. Affordable housing and low-rent housing system: HHs without housing, housing hardship HHs and HHs with housing lower than 16 square meters, are given the priority to purchase affordable housing and rent low-rent housing. The price of 50 square meters apartment is worth CNY65, 000 (affordable housing unit price is CNY1,300 per square meter). These kinds of HHs can purchase affordable housing.
160. The social security system has been established after years of efforts in Anding District. On the basis of social security system, APs’ basic life need and dwelling demand will be satisfied.
161. Special Provisions for Affected Vulnerable Households: The RO and village
72 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component committees will provide special supports for vulnerable people who will be affected by the Project.
(cxxxiv) The villager committee will offer laborers to help vulnerable families in resettlement. (cxxxv) The villagers committee will arrange transition houses for vulnerable families if needed. (cxxxvi) The families of vulnerable groups have priority in selecting housing area, house type and location of collectively re-constructed houses. (cxxxvii) For houses suitable for small business in relocation site, the vulnerable families are given priority to rent them. (cxxxviii) A total of CNY 30,000 is set up as the supporting fund of vulnerable group and other households who need special assistance. (cxxxix) CNY 1,000 will be disbursed to each family who live under the MLGL as a one time living subsidy.
6.9 REHABILITATION OF SPECIAL FACILITIES
162. The special facilities affected by the Project mainly are electric and telecommunication facilities, for which the resettlement agency will pay compensation by replacement costs on the basis of full consultation with power and telecommunication departments. These facilities will be rehabilitated and reconstructed before land acquisition is implemented, so as to ensure the normal production and livelihood of local population.
6.10 SCHEDULE OF RESETTLEMENT AND REHABILITATION
163. The civil engineering of this Project is planned to be commenced in October 2012. The final RP shall be submitted to ADB for review and approval before May 2012. In order to guarantee that affected population and organizations will be properly resettled, land acquisition will be finished prior to civil engineering. See Table 6-10 for the schedule of all kinds of resettlement activities.
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Table 6-10: Schedule of Resettlement Activities
Activities 2011 2012 2013 2014 2015 2016 I II III IV 1 2 3 4 5 6 7 8 9 10 11 12 I II III IV I II III IV I II III IV I II III IV Project Procedure Strategy decision and Project Approval Feasibility study preparation and approval Preliminary design and detailed design Bidding and contract signing Preliminary preparation of civil work
Civil work construction Civil work completion and check Land Acquisition and Resettlement Preparation Land use approval Identify the scope of LAR Conduct socioeconomic survey Conduct measurement survey of AP Establishment of cut-off date Determine compensation standards Prepare the RP Identify and confirm poor and vulnerable AP Finalize compensation/resettlement strategies Institutional setup and training Land Acquisition and Resettlement Implementation Hold mobilization meetings and publicize policies Announce public notification Negotiate and sign contracts Disburse compensation payment & acquire land Construction of infrastructure & houses
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House demolition notification Size of housing chosen Allocation of housing unit Decision of payment scheme Relocation timing Final move to the new resettlement site Grievance redress after each stage & agreement Demolition of existing houses after the move to new site Livelihood and Income Restoration Employment of AP in the Project construction Implementation of measures to increase income of AP New skill training Institution, enterprise and shop rehabilitation M&E Establish internal monitoring system & formats Engage monitoring agency Approve TOR by ADB Training of resettlement staff Monitor LAR activities Monitor income restoration programs
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VII. BUDGET AND MANAGEMENT OF RESETTLEMENT
7.1 COMPOSITION OF RESETTLEMENT FUND
164. The resettlement budget of this component are mainly composed of six parts, i.e. (i) land acquisition compensation, (ii) relocation compensation, (iii) specialized compensation for rehabilitation and conversion, (iv) administrative cost, (v) other relevant cost and (vi) contingency budget.
7.1.1 Land acquisition compensation
165. Land acquisition compensation is calculated according to the compensation standards of Dingxi. Refer to Table 4-1 for more details. In addition, relative taxes include (i) fee for using new construction land, (ii) fee for land creation, (iii) farmland acquisition tax, and (iv) land acquisition administrative fee, as presented in Table 7-1.
Table 7-1 Other Costs for Land Acquisition
Name Category Unit Standard Farmland Class I CNY/m2 20 Fee for land creation Farmland Class II CNY/m2 15 Other Farmland CNY/m2 2 to 10 Fee for using new Anding District CNY/m2 24 construction land
Farmland acquisition CNY/mu 20,800 tax
Land acquisition Based on cost of land % 4.0 administrative fee acquisition
7.1.2 Relocation compensation
166. Relocation compensation includes:
(cxl) Compensation for rural private houses This is calculated according to floor space and compensation rates of rural private houses. House prices will be calculated by estimating the replacement cost. The compensation for land acquisition of resettlement is CNY30,000/mu; Infrastructure construction fee is CNY18,000/HH (The compensation here is evaluated based on previous project experiences. The compensation and fee will be paid by the DUCIAM.). (cxli) Compensation for affected buildings of enterprises This is calculated according to the type and floor space of buildings to be relocated of enterprises and public institutions. House prices will be calculated by estimating the
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replacement cost. Meanwhile, bonuses, moving allowances, transition allowances, construction allowances and relative moving allowances will be compensated.
7.1.3 Specialized compensation for rehabilitation and conversion
167. The ground attachments, compensation and public facilities for private households the self-employed households and shops are calculated according to the actual number of survey. According to the survey, 81 poles, 8 transformers, 2,012 trees in Project area will be refunded. The compensation details are presented in Table 7-2.
7.1.4 Administrative cost
168. Administrative cost is 2% of compensation for houses relocation and specialized compensation. It is mainly used for preparation prior to resettlement and the office cost and administrative cost during implementation of the resettlement. Specifically, it is composed of purchase of office products, employee salary, transportation, communication, travel and so on.
7.1.5 Other relevant costs
169. Some other costs incurred during the preparation and implementation of resettlement includes survey and design research expenses, training fees, reclamation costs, new construction land compensation fees for new vegetable field development fund, tax, food regulation fund, land acquisition and management fees.
7.1.6 Contingency cost
170. Contingency cost includes basic contingency and price contingency, which will be 5% and 10% of the basic cost respectively.
7.2 RESETTLEMENT BUDGET
171. According to the compensation rates and statistical data of all kinds of affected items, the total resettlement fund of the ADB financed project – Dingxi Urban Infrastructure Development Component is about CNY 141,184,445. See Table 7-2 for detailed fund budget. The component is planned to complete within five (5) years. The investment plan is presented in Table 7-3. The composition of the budget is listed in Table 7-4.
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Table 7-2: Resettlement Budget of the Project
Standard Amount Item Unit Quantity (CNY) (CNY) 1. Land
Compensation Farmland mu 42,021 589.02 24,751,220 Construction mu 30,015 123.54 3,708,053 Land Type Waste Land mu 30,015 214.01 6,423,503 State-owned mu 50,000 62.00 3,100,000 Resettlement mu 42,021 41.58 1,747,233 sites Subtotal 1030.15 39,730,009 2. Housing
Compensation Brick-concrete m2 765 31,024.80 23,733,972 Brick-wood m2 606 2,878.50 1,744,371 Earth-wood m2 510 526.00 268,260 Temporary m2 200 299.70 59,940 Bonus m2 150 34,729.00 5,209,350 Rural Moving HH 2,400 121 290,400 Const Transition person/year 480 472 226,560 Telephone HH 8 320 2,560 Cable HH 116 52 6,032 Field mu 30,000 28.80 864,000 Resettlement Construction Site Infrastructure HH 18,000 98 1,764,000 Brick-concrete m2 765 4985.91 3,814,221 Brick-wood m2 606 0 0 Earth-wood m2 510 0 0 Small Enterprises and Temporary m2 200 0 0 Business 2 Bonus m 100 4,985.91 498,591 Suspend loss m2 15 4,985.91 74,789 Moving HH 2,400 27 64,800 Field mu 30,000 12.78 383,400 Resettlement Construction site Infrastructure HH 18,000 27 486,000 Subtotal 39,491,246 3. Specialized
compensation Pole 1,000 81 81,000
Transformer 5,000 8 40,000
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Standard Amount Item Unit Quantity (CNY) (CNY) Tree 100 2,012 201,200 Subtotal 322,200 1,2,3 Subtotal 79,543,455 House 4. Administrative Relocation 2% 1,590,869 Cost Administration Cost
Monitoring Cost 1.0% 795,435 Training Cost 1.0% 795,435 for APs Land use fees mu 10,672 968.15 10,332,097 Land development mu 6,670 968.15 6,457,561 fund fee Arable land mu 20,800 968.15 20,137,520 occupation tax 5. Other fees and taxes Survey design and evaluate mu 1334 968.15 1,291,512 cost costs Land Acquisition 4.00% 1,589,200 Administrative cost Temporary Land mu 3,400 60.00 204,000 Occupation Vulnerable HH 1,000 32 32,000 Groups Fund Subtotal 41,634,759 1 -5 Subtotal 122,769,083 6. Contingency
cost Basic 5% 6,138,454 Price 10% 12,276,908 Subtotal 18,415,362 Total 141,184,445
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Table 7-3: Investment Plan
Year 2012 2013 2014 2015 2016 Total Proportions 0.45 0.35 0.1 0.05 0.05 1 Amount (CNY) 63,533,000 49,414,556 14,118,444 7,059,222 7,059,222 141,184,445
Table 7-4: Proportion of Cost Analysis
Quantities (CNY) Proportions (%) Land Compensation 39,730,009 28.1 Houses Compensation 3,949,1246 28.0 Specialized Compensation 322,200 0.2 Administrative Costs 1,590,869 1.1 Other Costs (including survey and external monitoring and 41,634,759 29.5 evaluation) Contingency 18,415,362 13.0 Total 141,184,445 100.0
7.3 ALLOCATION AND PAYMENT OF RESETTLEMENT FUND
7.3.1 Resettlement fund receivers
172. The resettlement fund of this project will be allocated to different receivers according to the property rights of affected items. See Table 7-5 for details. For the sake of full and timely payment of compensation to affected people and organizations, the roles of independent monitoring organization, internal monitoring organization and national auditing body will be given full play to, and intermediate links will be minimized for paying the resettlement fund in a simple and convenient way.
Table 7-5: Resettlement Fund Receivers
Compensation Expense Category Receiver CNY
Cultivated land Affected HHs 24,751,220
Construction land Collective committees 3,708,053
Wasteland Collective committees 6,423,503
State-owned land User of the land 3,100,000 Collective relocation land for resettlement Collective committees sites 1,747,233
House demolition Affected HHs 31,541,445
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Compensation Expense Category Receiver CNY Affected HHs and Collective site construction collective committees 864,000
Collective site infrastructure Contractors 1,764,000
Small businesses Owners of the businesses 5,321,801
Special recovery compensation Affected HHs 322,200 Survey and Monitoring M&E cost Agency 795,435
Training cost Trainees 795,435
Fee for land use Land resources bureau 10,332,097
Fee for land development fund Land resources bureau 6,457,561
Arable land occupation tax Land resources bureau 20,137,520 Survey and Assess Survey design and evaluate cost costs Agency 1,291,512
Land Acquisition Administrative cost Land resources bureau 1,589,200
Temporary land occupation Land holders 204,000
Vulnerable Groups Fund Vulnerable Groups 32,000
Administrative cost for housing Management departments 1,590,869
Contingency 18,415,362
Total 141,184,445
7.3.2 Source and flow of resettlement fund
173. The resettlement fund of the Project is raised by the DUCIAM. The fund will be directly paid through special accounts to receivers.
7.4 PAYMENT, MANAGEMENT AND MONITORING OF RESETTLEMENT FUND
7.4.1 Payment of resettlement fund
174. The payment of resettlement fund will be implemented in conformity with the following principles:
(cxlii) All the expenses related to land acquisition will be counted in the total construction budget estimate. Subcomponent implementing agencies should review the respective compensation fees and apply for payment approval of the
81 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
DUCIAM will directly pay compensation fees through special accounts to relevant organizations and personnel; (cxliii) The specified banks should directly pay all kinds of compensation fees in the form of bankbooks to affected families before relocation is implemented; and (cxliv) Land compensation should be paid before land acquisition is implemented.
7.4.2 Management and monitoring of resettlement fund
175. The payment of resettlement fund must be implemented in strict accordance with relevant laws and regulations of the state on LAR as well as the policies in the RP, and should not be lower or less than the compensation rates and range stipulated in the plan.
176. Each component office should report monthly construction scheduling to the DUCIAM. The component offices should submit reviewed payment reports with signatures of principals in charge to the DUCIAM for payment. The company will disburse construction progress payment accordingly, and will give payment to affected objects directly. Each component office is responsible for supervising the use of payment.
177. Each component office should examine and approve land compensation, housing compensation, compensation for attachments, compensation for physical relocation (including indoor facilities), moving allowances, transition allowances, rewards for ahead-of-schedule relocation, and losses of small businessmen and of enterprises and public institutions.
178. The DUCIAM will engage accounting organizations to conduct regular internal check of use of resettlement fund of ROs.
179. The financial department and auditing department of Dingxi City are entitled to monitor and audit the use of the special fund.
180. The external monitor will carry out special follow-up monitoring of the payment of compensation for affected families and enterprises and public institutions.
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VIII. RESETTLEMENT ORGANIZATIONS
8.1 ORGANIZATIONAL STRUCTURE
181. In order to implement the resettlement of the Project well, all levels of relevant governments of Dingxi City guarantee the preparation of the Project and the smooth progress of resettlement by establishing and strengthening relevant organizations. Since January, 2010, the organizations with definite responsibilities for resettlement of the Project have been set up. The main organizations concerned include:
(cxlv) Anding District Resettlement Leading Group (cxlvi) Foreign Load Office of Dingxi Finance Bureau (cxlvii) Dingxi Urban Construction & Investment and Asset Management Ltd Co., (Dingxi ADB Project Management Office) (cxlviii) Anding Urban Construction Bureau (cxlix) Dingxi Land Resources Administration Bureau, Anding Branch (cl) Anding Urban Housing Demolishment Office (cli) Township Resettlement Group (clii) Village Committee Resettlement Group (cliii) Independent External Monitoring and Evaluation Institution 182. See Figure 8-1 for the structure of resettlement organizations.
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Figure 8-1 Resettlement Organizations for the Project
DMG
Anding District Dingxi Finance Dingxi ADB PMO Dingxi Land Dingxi Housing & Government Bureau Resource Bureau Construction Bureau
Land Housing & Fengxiang Resource Construction Bureau Government Bureau
Project Resettlement Office
Village Committees
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8.2 RESPONSIBILITIES OF ORGANIZATIONS
8.2.1 Resettlement Leading Group
183. Resettlement Leading Group consists of: Dingxi Municipal Development and Reform Committee, Anding District Government, Anding Development and Reform Bureau, Anding Urban Construction Bureau, Dingxi Land Resources Bureau Anding Branch, Anding Environment Protection Bureau and other relative organizations. The main duty of this Group is to reinforce the Project leadership to ensure the smooth implement of land acquisition and resettlement. The Group is in charge of resettlement policy formulation and relationship coordination.
8.2.2 Foreign Load Office of Dingxi Finance Bureau
184. As the project owner, it is responsible for submitting all plans and reporting work pertinent to resettlement to national, provincial and municipal departments for approval and comments. ¾ Be responsible for raising resettlement fund, and ¾ Be liable for payment of resettlement fund.
8.2.3 DUCIAM (Dingxi ADB Project Management Office)
¾ Entrusting resettlement consultation institutions to make preliminary preparations for resettlement ¾ Coordinating consultation and other organizations during the preparation of the project ¾ Applying to relevant department for land planning license and land use and construction license ¾ Coordinating with relevant departments to work out policies of the RP ¾ Aligning the progress of project construction with the RP ¾ Coordinating work of relevant organizations ¾ Organizing detailed resettlement survey of subcomponents and updating RP based on final design ¾ Implementing subcomponent resettlement ¾ Determining and submitting subcomponent resettlement fund plans ¾ Tracing and supervising the practical payment of subcomponent resettlement fund ¾ Dealing with grievance and appeals of displaced persons in the process of resettlement ¾ Coordinating with independent monitoring organization ¾ Collecting and sorting out all kinds of information needed for internal monitoring report ¾ Submitting subcomponent resettlement files
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¾ Receiving the ADB ROrs for inspection together with the Resettlement Division
8.2.4 Anding Urban Construction Bureau
185. Main duties are: ¾ Coordinating with Resettlement Office, formulating and Implementing resettlement plan ¾ Organizing public benefit discussion and advocating resettlement policies ¾ Coordinating to deal with land acquisition and resettlement ¾ Managing and monitoring resettlement fund ¾ Dealing with problems and conflicts in process of implement ¾ Coordinating with internal and external inspection institutions ¾ Writing process reports and submitting to DPMO
8.2.5 Dingxi Land Resources Administration Bureau, Anding Branch
186. Responsible for rural land acquisition. Its main duties are: ¾ Determining affected areas and analyzing social and economic situations ¾ Making resettlement plans and cooperating implements ¾ Organizing public benefit discussions and advocating resettlement policies ¾ Carrying out matters relating to land acquisition ¾ Monitoring the payment of resettlement ¾ Training the personnel in villages ¾ Monitoring resettlement work in the street committee and the village(s) ¾ Dealing with conflicts and problems in process of implement ¾ Carrying out internal and external inspection activities ¾ Drawing up process reports and submitting to PMO
8.2.6 Anding Urban Housing Demolishment Office
¾ Implementing first-phase preparations for resettlement together with resettlement consulting organizations ¾ Setting forth all the policies of the RP ¾ Training persons in charge of resettlement of subcomponents ¾ Reporting resettlement progress to DUCIAM ¾ Reporting work of communication and coordination with other departments ¾ Verifying resettlement fund plans of subcomponents ¾ Submitting resettlement fund plan to DUCIAM and supervising the payment of fund ¾ Directing and supervising the implementation of subcomponent resettlement ¾ Managing data file on resettlement
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¾ Carrying out internal monitoring of resettlement ¾ Dealing with grievance and appeals of displaced persons in the process of resettlement ¾ Communicating with independent organization in the process of resettlement implementation
8.2.7 Township Resettlement Group
187. The Group consists of personnel from township government; land administrative bureau, police office and village committee. The leaders of township government are in charge. Its main duties are: ¾ Participating in project research and giving assistance to make resettlement plans ¾ Organizing public participation and advocating resettlement policies ¾ Carrying out, inspecting, monitoring and recording all resettlement activities arranged by street committees ¾ Responsible for compensation payment and management ¾ Reporting land acquisition and resettlement process to Land Bureau and Resettlement Office ¾ Dealing with conflicts and problems in process of implement ¾ Managing the fund and activities for vulnerable groups
8.2.8 Village Committee Resettlement Group
188. Most members of the village committee resettlement group will contribute to settling resettlement issues. Their duties are: ¾ Participating in social-economic and project impact research ¾ Organizing public discussion and advocating resettlement policies ¾ Issuing compensation to land users ¾ Conveying APs’ comments and proposals to monitoring institutions ¾ Dealing with comments and complains ¾ Reporting implement process to monitoring institutions ¾ Helping vulnerable households
8.2.9 External monitoring organization
189. During the implementation of the RP, the external monitoring organization is responsible for external monitoring of resettlement and for submitting resettlement progress reports and supervision reports to project resettlement office (PRO) of the DUCIAM and the DPMO. The responsibilities of this organization are described in detail in the chapter concerning external monitoring.
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8.3 PERSONNEL AND FACILITIES OF RESETTLEMENT ORGANIZATIONS AT ALL LEVELS
190. There are five personnel in the PRO. They are very capable of implementing organization and coordination, have rich experience in resettlement, and are skillful in using computers. All subcomponents resettlement organizations are also composed of high-quality and experienced personnel, and therefore can completely meet the requirements of resettlement. See Table 8-1 for personnel roster. See Tables 8-2 and 8-3 for personnel and facilities of subcomponent resettlement organizations at all levels.
Table 8-1: Personnel of ROs at All Levels
Resettlement Organization Person in Charge Personnel Dingxi Foreign Loan Office Xue, Ling 2 DUCIAM He, Zhigeng 6 Anding Urban Housing Demolishment Dong 12 Office Independent external monitoring To be determined before RP implementation institution
Table 8-2: Arrangement of Personnel of Resettlement Organizations at All Levels
Total Resettlement number of Personnel and qualification Work duration organizations personnel Personnel who are proficient in December, 2010 - Dingxi Foreign Loan foreign languages, computer and 2 completion of Office engineering technology and resettlement familiar with resettlement policies The person in charge has five December, 2010 - years of resettlement experience, DUCIAM 6 completion of college degree education resettlement background Long-term experience in similar December, 2010 - Anding Urban work, with an educational completion of Housing 12 background of undergraduate or resettlement Demolishment Office above level. assessment Long-term experience in similar February 2012 - Independent external work, with an educational completion of 5 monitoring institutions background of undergraduate or assessment of above level. resettlement
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Table 8-3: Facilities of Resettlement Organizations at All Levels
Computer Camera Organization Vehicle (set) Office (m2) (set) (set) Dingxi Foreign Loan Office 1 1 1 50 DUCIAM 3 2 1 100 Anding Urban Housing Demolishment Office 4 2 2 360 Based on the requirements of bidding document Independent external monitoring institutions outlines
8.4 MEASURES FOR INSTITUTIONAL STRENGTHENING
191. In order to implement the RP successfully, guarantee the interests of affected population, and satisfy the overall project schedule, DUCIAM will take the following measures to strengthen the capabilities of the organizations and improve efficiency. (cliv) Leadership responsibility system: Responsible leaders of district governments will organize relevant departments including development and reform commissions to form a strong leading group. (clv) Arrangement of high-quality personnel: Personnel of resettlement organizations at all levels should have the idea of considering the overall situation, good grasp of policies and professional abilities, especially experience in mass work. (clvi) Determination of responsibilities: To determine the responsibilities of ROs at all levels according to the requirements of ADB and relevant national laws and regulations. (clvii) Training of resettlement personnel: To give regular training on resettlement policies and information management to resettlement personnel according to actual needs. (clviii) Supervision by the public: All the resettlement information will be released to the public for supervision. (clix) Provincial RO will hold irregular resettlement report meetings and issue relevant briefings to all districts. (clx) Project office will provide necessary vehicles and office facilities for resettlement organizations at all levels to meet their needs. 192. See Table 8-4 for plan of reinforcement and training of organizations in future. Table 8-4: Schedule of Operational Training of Resettlement Organizations in Future
Training No. Content Trainee Date organization To learn and investigate Personnel of experiences in resettlement resettlement division 1 DUCIAM 2011- 2012 of ADB financed projects of and subcomponent other provinces ROs Personnel of External Monitor Resettlement policies of resettlement division 2 March 2012 ADB and subcomponent ROs
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Training No. Content Trainee Date organization Personnel of The latest change of External Monitor resettlement division 3 resettlement policies of the March 2012 and subcomponent state ROs Personnel of Experiences and lessons of resettlement division 4 DUCIAM May 2012 resettlement of other places and subcomponent ROs Personnel of Foreign Computer operation and 5 DUCIAM Loan Office and May 2012 data processing subcomponent ROs Work process and policies Street (township) of resettlement of the Asian 6 DUCIAM ROs, village-level March 2012 Development Bank resettlement groups Financed Project
Resettlement policies and Street (township) 7 DUCIAM practices ROs, village-level June 2012 resettlement groups
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IX. COMPLAINTS AND APPEALS
193. To ensure the complaints of displaced persons can be handled smoothly and rapidly, the resettlement division of the DUCIAM will establish a transparent and feasible collecting and handling procedure of dissatisfaction and complaints to deal with such issues objectively and efficiently.
9.1 METHODS OF COLLECTING DISSATISFACTION AND COMPLAINTS
194. Methods of collecting dissatisfaction and complaints consist of: (clxi) The report of local RO, which includes complaints of the masses, the progress of resettlement, working measures and existing problems. (clxii) The construction log faxed to the Owner by the construction organizer, which shows whether and how the masses affect the construction. (clxiii) The site inspection of the DUCIAM, during which the problems relating to the LAR may be found. (clxiv) Relevant information provided by the independent monitoring organization. (clxv) Letters and visits of the displaced persons. (clxvi) Information provided by the workstation of the Owner. (clxvii) Relevant problems found by auditor and discipline inspection departments. (clxviii) Information on payment of land compensation shown on the fund transfer list provided by the bank. (clxix) Specific survey of internal monitoring agency.
9.2 PROCEDURE OF COMPLAINING AND APPEALING
195. The Procedures of complaining and appealing are as follows: Phase 1 The displaced persons give their oral or written complaints to the village (community) committee or local RO. In case of oral complaint, the village (community) committee or local RO must keep a written record and give a clear reply within 2 weeks. If it is a big issue that shall be submitted to the superior RO, the village (community) committee or local RO shall try to get the comments of the superior RO within 2 weeks. Phase 2 If the reply given in the Stage 1 fails in satisfying the complainer, the complainer may appeal to the district RO within 1 month after receiving the decision of Stage 1. The district RO shall make a decision on the appeal within 3 weeks. Phase 3 If the complainer is dissatisfied with the decision of the district RO, he or she may appeal to the PMO RO or DUCIAM within 4 weeks after receiving the reply of stage 2. The PMO RO will give its comment within 4 weeks. If there are no agreements, administrative arbitration can be implemented.
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Phase 4 If the complainer is still dissatisfied with the reply of Phase 3, he or she may appeal to civil court within 15 days after receiving the reply.
9.3 PRINCIPLES OF HANDLING COMPLAINTS
196. The ROs at various levels must carry out site survey on the complaints of the masses, collect their opinions and negotiate with them patiently, in accordance with the principles and standards stipulated in the rules and regulations of the state and the RP, and give comments objectively and reasonably. The RO shall report those problems that cannot be handled on its own to the superior RO timely and assist the latter in carrying out relevant survey. 197. If the RO of the previous stage fails in giving a reply within the specified period to the complaint, the complainer has the right of appeal. 198. During the resettlement, some special complaints and appeals of women may appear; therefore the project office plans to hire at least one (1) female employee for each resettlement team to deal with women’s complaints. The local governmental and non-governmental organizations, such as the Bureau of Civil Affairs and the Women's Association will supervise the resettlement to ensure the rights and interests of the displaced persons, especially that of affected women.
9.4 CONTENTS AND WAYS OF REPLYING TO COMPLAINTS
9.4.1 Replies to complaints
199. Replies to complaints are as follows: (clxx) Brief description of the complaint; (clxxi) The result of survey; (clxxii) The principles and standards stipulated in the rules and regulations of the state and the RP; and (clxxiii) Comments on handling the complaint and its basis.
9.4.2 Ways of replying complaints
200. Ways of replying complaints are: (clxxiv) As to the individual complaint, written reply shall be sent to the complainer directly. (clxxv) As to the common complaint, the reply shall be announced in the village (community) meeting or shall be notified to the village or community in the form of formal document. (clxxvi) Whatever way of replying is adopted, the replay shall be sent to the corresponding RO of the complainer.
9.5 RECORDS OF COMPLAINTS AND APPEALS AND RELEVANT FEEDBACK
201. During the implementation of the RP, the DUCIAM shall keep a record of complaints
92 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component and the results of handling and submit a monthly written report to the DUCIAM, which will carry out a regular inspection on the record of complaints handling. 202. To keep a complete record of the complaints of the displaced persons and the handling of relevant issues, the DUCIAM has designed a record form for this purpose, shown as Table 9-1.
Table 9-1: Record Form of Complaints and Appeals on the Resettlement
Acceptor: Time: Place: Planned Complainer Content Demanded solution Actual handling solution
Complainer Recorder
(Signature) (signature) Remarks: 1. The recorder shall register the actual complaint and demand of the complainer. 2. The complaining shall not be disturbed or hindered by any factor. 3. The planned solution shall be notified to the complainer in the specified period.
9.6 CONTACT INFORMATION FOR COMPLAINTS AND APPEALS
203. The ROs of the districts shall arrange the principals to collect and receive the complaints and appeals of the displaced persons. See Table 9-2 for their names, office addresses, and telephone numbers. Complaints can also be sent directly to ADB (see table 9-2) if the local grievance redress mechanism is not addressing their concerns. ADB will contact Gansu Provincial PMO to deal with complains or send officials to investigate and deal with complains. If an AP believes that ADB has not complied with their policy and this has lead to harm, APs may also submit a complaint in accordance with ADB’s Accountability Mechanism (AM)2. AM will start investigation process to deal with complains.
Table 9-2: Information of Organizations and Persons for Receiving Complaints and Appeals of Displaced Persons
Contact Organization Address Telephone person Dingxi Foreign Loan Office Xue, Ling Dingxi Finance Bureau 13830278083 12 Gongyuan Rd. Anding DUCIGC He, Zhigeng 18215239828 District, Dingxi City Dingxi Urban Housing 28 Fengan Rd. Anding Dong 18909323889 Demolishment Office District, Dingxi City
2 Before submitting a complaint to the Accountability Mechanism, affected people should make a good faith effort to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism. For further information see: http://www.adb.org/Accountability-Mechanism/default.asp.
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ADB +(63) 2-632-6224 6 ADB Avenue ADB Staff R. Mamatkulov Mandaluyong City 1550 +(86)10-8573-0909 Metro Manila, Philippines
9.7 BUDGET FOR COMPLAINTS AND APPEALS MANAGEMENT
204. The cost for managing complains and appeals during the Project implementation is included into the administration budget of the resettlement plan.
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X. RESETTLEMENT MONITORING
205. Based on resettlement plan, the resettlement monitoring will constantly investigating, inspecting, monitoring and evaluating resettlement activities.
10.1 INTERNAL MONITORING
10.1.1 Purpose and principles
206. The internal monitoring indicates the continuous internal monitoring on the implementation of the RP carried out by the Owner and the ROs throughout the management system. It aims at obtaining the accurate progress of resettlement timely and integrally, finding and solving problems and providing the basis of decision-making for the smooth implementation of resettlement. 207. The purpose of internal monitoring provides a criteria and guidance for the internal monitoring of resettlement carried out by the project Owner, the executive agencies of resettlement and the organizations relating to the resettlement to ensure that the implementation of resettlement complies with the RP and the resettlement M&E are carried out orderly, normally and efficiently, therefore the relevant organizations may get to know the implementation of the resettlement timely and the problems occurred may be found and eliminated early. 208. The principles of internal monitoring include: to update RP, establish and update resettlement database, to collect data and analyze information accurately to ensure the accuracy of the results of monitoring, to conduct scientific and objective evaluation on the implementation of the RP justly and to submit report to the project Owner and the ADB in semi-annually to keep them informed of the progress of the project and able to make scientific decision. 209. The function of internal monitoring: The internal monitoring is an important integral part of the internal management of the project; it directs to mastering the implementation of resettlement; through the establishment and use of resettlement information management system, the progress of the implementation of the resettlement and the data and information of the relevant funds and quality are collected, analyzed and shared and the existing and potential problems and the causes may be found and the measures and suggestions on solving the problems may be proposed. 210. The internal monitoring of the resettlement shall be conducted by the Owner and the ROs and the Owner shall submit the internal monitoring report to the ADB semi-annually.
10.1.2 Procedure of internal monitoring
211. The internal monitoring can be divided into two phases, namely, preparation phase and implementation phase. The preparation phase begins at project identification period, through project preparation, project pre-assessment and project assessment, finally ends at
95 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component project approval period of the project cycle. The implementation phase begins at the implementation of the resettlement and ends at the achievement of the aim of resettlement. 1. Preparation stage of internal monitoring 212. The Owner and the local government shall establish the ROs at the early period of project preparation. The Owner shall establish an internal monitoring system for resettlement with capable personnel specialized in resettlement to ensure the provision of complete and objective information and data, which also contributes to the involvement of the organizations of other fields. The internal M&E of the resettlement shall be arranged in the project preparation period. 213. Preparations of the Owner include: (clxxvii) To organize the trainings on the resettlement policy of the ADB and relevant experiences, national resettlement policy, the design of the RP, resettlement implementation and the M&E of resettlement for the staff of the Owner and the ROs; (clxxviii) To invite professional agency and professionals who will assist in the design of the RP as early as possible; to organize socioeconomic survey; to design the RP with the help of the professional agency and professionals; and (clxxix) To establish resettlement information management system with the help of the professional agency and professionals. 214. Preparations of the resettlement agency include: (clxxx) To sign the detailed resettlement implementation contract with the Owner; (clxxxi) To establish the ROs at various levels and arrange necessary personnel for them; (clxxxii) To organize resettlement staff trainings; to carry out socioeconomic survey and the design of the RP together with the Owner and the professional agency it invited; and (clxxxiii) To establish the resettlement information management system. 2. Implementation stage of internal monitoring 215. During the implementation stage, the district RO shall submit the information on resettlement implementation and up-to-date record of relevant activities to the RO to ensure the follow-up monitoring of the resettlement. The RO will carry out regular inspection on the ROs at town (street) level and village (community) level and verify the progress of resettlement reported by them. 216. During the implementation stage of the internal monitoring, the Owner shall, (clxxxiv) In accordance with the RP, preside over the internal monitoring of the resettlement; (clxxxv) Submit a detailed internal monitoring report to the ADB every half a year; and (clxxxvi) Update the statistics of the resettlement implementation in time and complete the resettlement information management system.
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10.1.3 Contents of internal monitoring
217. Generally, the internal monitoring shall include the followings: (clxxxvii) Organization: The establishment and assignment of resettlement DUCIAM and relevant organizations and their personnel assignment and capability development; (clxxxviii) Resettlement policy and compensation rate: The design and implementation of resettlement policy; the actual implementation of compensation rates of various losses caused by the resettlement (permanent land acquisition, temporary land occupation, house relocation, store relocation, the relocation of public institution and enterprise and the relocation of specific facility) and specific identification of whether the rates in the RP is implemented and the causes of any changes occurred; (clxxxix) Progress of relocation and resettlement: The general schedule and the yearly schedule, the progress of personnel assignment of the resettlement agency, the progress of land acquisition and temporary occupation, the progress of adjustment, acquisition (or transfer) and assignment of the land of resettlement area (including land for production, residential building and public facility), the progress of house relocation, the progress of the construction of resettlement house, the progress of the moving of displaced persons, the progress of production development project, the progress of the construction of public facility, the progress of the recovery, removal and reconstruction of specific facilities, the progress of the removal and reconstruction of industrial and mineral enterprises and public institutions, the progress of the employment-related action and the progress of other resettlement activities. The sample form of the internal monitoring report on the progress of LAR is shown as Table 10-1; (cxc) Resettlement budget and implementation: The amount and time of payment of resettlement fund to various levels, the use and management of resettlement fund of ROs at various levels, the amount and time of payment of compensation fund to the proprietor of affected property (house) and the proprietor (village and group) and the user of affected land, the use and management of compensation fund of the collective land at village level, the supervision and audit of the use of fund. The sample form of the internal monitoring report on the progress of the use of compensation fund is shown as Table 10-2; (cxci) Production and employment resettlement of displaced persons: The main measures for the resettlement of rural displace persons, the number of persons, the employment resettlement of the staff of displaced enterprises, the resettlement of vulnerable groups (household of women, household of old persons and the disabled), the recovery of the land occupied temporarily and the effect of resettlement; (cxcii) Reconstruction of displaced houses and living resettlement: the means and areas of the resettlement of rural displaced persons, the way of house reconstruction, the three accesses and one leveling of the residential area, the payment of compensation fund, the relocation of the matching public facilities (water supply, power supply, road and business area); (cxciii) The reconstruction of the enterprises and public institutions and various specific facilities (power supply, water supply, communication, traffic and pipelines);
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(cxciv) Complaint, appeal, public involvement, negotiation, information publicity and independent monitoring: The channel, procedure and responsible organization of complaining and appealing, the main complaints and appeals and their handling, main content and means of public involvement and negotiation, the effect of public involvement and negotiation, resettlement information brochure and information publicity, the activities and effect of independent monitoring organization; (cxcv) Handling of the relevant issues stated in the inspection memorandum of the ADB; and (cxcvi) Existing problems and solutions.
10.1.4 Methods of internal monitoring
218. The internal monitoring, as the from top to bottom monitoring on the implementation of the resettlement within the resettlement system, shall establish standard, smooth, from top to bottom resettlement information management system among the Owner and ROs at various levels and follow up the progress of resettlement in various districts. The ROs at various levels shall report the progress of resettlement and the information about the compensation fund and the effect of resettlement from the bottom to top analyze and handle relevant issues through the information management system. 219. The RO of the DUCIAM has established a complete information management system, which can save and manage various data and information relating to the implementation of project comprehensively, timely and accurately. 220. The following methods of internal monitoring may be adopted for this project in accordance with the implementation status of the project: (i) Standard report forms The Owner shall, in accordance with the requirements of resettlement implementation, design uniform report forms, which show the progress of appropriation of resettlement fund and the progress of LAR. The report forms shall be submitted at every end of month from lower level to superior level, through which the Owner can master the progress of the project. (ii) Regular and irregular communication The ROs at all levels shall discuss the problems occurred in the resettlement and communicate relevant information and propose their comments on handling these problems by a variety of means. (iii) Regular coordination meeting At the beginning of every month, the resettlement division of the DUCIAM will convene resettlement coordination meeting and the staff of district RO shall report the progress of the implementation and existing problems, communicate the working experience and seek for the solution of the problems. (iv) Inspection The resettlement division of the DUCIAM will carry out routine inspection and specific inspection on the ROs of lower levels and field survey, handle resettlement problems on site and verify the progress of the resettlement and the implementation of resettlement policy.
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(v) Information communication with independent monitoring organization The Owner and the local ROs shall keep in touch with the independent monitoring organization and take their findings and comments as the basis of internal monitoring. (vi) Resettlement MIS The RO of the DUCIAM will create a resettlement MIS for the project to store all relevant information. The data and information of the resettlement MIS will be updated during the RP implementation to ensure effective supervision on the resettlement.
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Table 10-1: Land acquisition and resettlement progress
Organization:______Date: ______/____/______(Y/M/D)
Accumulated Planned Completed Resettlement activity Unit completed % amount amount amount Permanent land acquisition mu Temporary land occupation mu House relocation m2 Including: Private house m2 Store m2 Premise of enterprise and m2
public institution Ten Land compensation thousand CNY Ten Payment of house thousand relocation fee CNY Reconstruction of m2
residential house Reconstruction of store m2 Reconstruction of premise m2 of enterprise and public institution Filled by: Signature of Person in Charge: Seal:
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Table 10-2: Progress of using the compensation fund
_____ District_____ Town (Street) ______Village (Community) Date /____/___ (Y/ M/ D)
Amount Compensati Accumulate Brief Qty require on acquired d acquired Affected organization descripti % (organi d in the report Compensati on zation) (CNY) period (CNY) on (CNY)
Village
Village collective (Community)1 Household
Village
Village collective (Community)2 Household
Store
Enterprise and public
institution
Public facility
Filled by: Signature of Person in Charge: Seal:
10.1.5 Internal monitoring agency and personnel assignment
221. The personnel of resettlement agency relating to internal monitoring are shown in Table 10-3.
Table 10-3: Personnel of internal monitoring in resettlement agency
Number of standing Number of personnel in peak Resettlement agency personnel period Resettlement office of the Dingxi 2 3 Urban Investment Company Dingxi Housing Demolishment 3 4 Company Village committee (community) 1 3
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10.1.6 Responsibility of internal monitoring agency
(cxcvii) Establish office; train the workers to survey impacted areas; (cxcviii) Invite independent monitoring agency; (cxcix) In the beginning, instruct the survey of the investigation agency; (cc) Train the workers of subcomponent RO; (cci) Supervise and check the consistence between resettlement policies and the RP; and (ccii) Supervise the information of APs and prepare resettlement handbooks. 222. For the problems discovered in internal monitoring, the RO of the DUCIAM will provide timely improvement measures.
10.1.7 Cycle of internal monitoring and reporting
223. The internal monitoring is a continuous process and its overall monitoring activity shall be carried out at least once a quarter and its frequency will be increased during the key period of the relocation of the displaced persons. 224. During the preparation period of the project, the internal monitoring agency will make regular and irregular report, combining with the inspection of the ADB. The format of the report will be determined in accordance with the requirements of ADB and different projects and stages. After the implementation begins, the district RO is required to make brief monthly report and detailed quarterly, half-yearly and yearly report for major changes and progress of subprojects and make brief quarterly report and detailed half-yearly and yearly report for minor changes and progress of subprojects. Specific report shall be made according to the requirement of project management. After the implementation of the project, a final report shall be made. The internal monitoring report shall be submitted to the DMG at the same level, the RO at superior level and the Owner by the ROs at various levels. And the Owner shall submit an internal monitoring report to ADB every half a year.
10.2 EXTERNAL MONITORING
225. In accordance with the relevant requirements of ADB, an external agency will committed to undertake the external monitoring of the resettlement of the Project upon the comparison of the resettlement division of the DUCIAM and it will monitor and evaluate the resettlement and recovery activities to ensure the resettlement is implemented in conformity to the RP.
10.2.1 Purpose of external monitoring
226. In the external M&E, the resettlement evaluation shall be made by a firm or institute independent of the governmental department. Its purpose is to inspect the implementation of the RP from a broad and long-term view, to monitor and evaluate whether the aims of land acquisition, resettlement and relocation are reached, to propose comments and suggestions and to take remedial measures and follow up their implementation and effects to ensure the
102 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component result of the resettlement. 227. The external monitoring shall follow up the LAR to monitor and evaluate the followings: (cciii) Whether the relevant rules and regulation of the state are observed in the resettlement; (cciv) Whether relevant policies on involuntary resettlement of ADB are observed in the resettlement; (ccv) Whether carry out the Resettlement Plan strictly; and (ccvi) Whether the living conditions of the affected population are improved or recovered.
10.2.2 External monitor and personnel
228. To carry out the external monitoring of this project successfully, an independent monitor will be recruited by the DPMO. The following factors have been taken into consideration for the selection of team members for resettlement monitoring. (ccvii) The independent monitoring personnel shall have the experience of similar work and abundant experience in socioeconomic survey; understand the involuntary resettlement policies of ADB, master relevant rules and laws of the state and local government on the resettlement. (ccviii) They shall be industrious and capable of carrying out social survey and research independently and have communication ability. (ccix) Some female staff shall be assigned according to a certain proportion.
10.2.3 Assignments of the external monitor
229. The external monitor shall undertake the followings: (ccx) Before the resettlement, the living standard baseline survey shall be carried out to master the basic living and production conditions of the displaced persons. (ccxi) In the process of the resettlement, the external monitor shall follow up and monitor the implementation of the resettlement, collect the comments and complaints of the displaced persons and report them to the resettlement division of the DUCIAM and local RO timely. And the external monitor shall submit monitoring report to the resettlement division of the DUCIAM and ADB. (ccxii) The external monitor shall investigate the living and production conditions of the displaced persons all the time and evaluate the resettlement activities and relevant measures. (ccxiii) Upon survey, research and discussion with the displaced persons, the external monitor shall propose constructive comments to the resettlement division of the RO of the DUCIAM and local RO to ensure the smooth implementation of the resettlement and fast recovery of the living and production conditions of the displaced persons.
10.2.4 Means and procedures of external monitoring
230. The external monitor will adopt the following means to carry out the monitoring of
103 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component resettlement. (ccxiv) On the basis of the detail survey and measure, the external monitoring organization will set up a database for the displaced persons and carry out door-to-door interview constantly. The external monitoring organization will fully make use of the information acquired through socioeconomic survey and the resettlement information management system of the project management office, carry out dynamic management on the basic conditions of the displaced households, and get to know the relevant information of the displaced persons all the time. According to the information shown in the database, the monitoring personnel will visit the displaced persons, get to know the progress of the resettlement, collect their complaints and suggestions, and inform them relevant policies of the state, relevant requirements of ADB and the information on the construction of the project. (ccxv) In the area affected population concentrated, workshops should be organized from time to time in order to collect APs’ comments on major issues (ccxvi) Field survey. The staff of the external monitoring organization shall visit the resettlement area regularly and irregularly and observe the resettlement on site. (ccxvii) Survey on individual case. The monitoring personnel shall put emphasis on the special case occurred in the resettlement, analyze the causes of the problems, work out solutions and propose suggestions. (ccxviii) Questionnaire. The monitoring staff shall carry out sampling survey on the recovery of the living and production conditions of the displaced persons and the comments on the resettlement and analyze the result in time to solve the existing problems. And the resettlement work of the next year may be carried out with reference to the results of the survey and the solutions of the problems occurred.
10.2.5 Contents of independent monitoring
i. Resettlement monitoring of the affected enterprises and public institutions 231. The independent monitor shall follow up the resettlement of the enterprises and public institutions through phone call and the study on individual case. The followings will be most concerned about: (ccxix) Whether the time of land acquisition and the resettlement is arranged reasonably; (ccxx) Whether the losses of the affected enterprises are compensated; (ccxxi) Whether the staff of the enterprises are resettled properly; (ccxxii) Whether the production of the enterprises is resumed in time; and (ccxxiii) Whether the affected enterprise transfer their loss to their staff. ii. The resettlement of displaced persons 232. Rural residential houses are involved in this project. The resettlement of displaced persons is the emphasis of the independent monitoring. As to these displaced persons, the followings are the main concerns of the independent monitoring organization:
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(ccxxiv) Whether the compensation rates of houses and other attachments to the ground are determined in accordance with the replacement cost principle; (ccxxv) Whether the compensation is paid with full amount and in time; (ccxxvi) Construction and distribution of relocation houses; (ccxxvii) Whether the time of relocation is arranged reasonably; (ccxxviii) Whether the transition allowances and moving cost are paid; (ccxxix) Whether the physical losses are fully compensated; (ccxxx) Whether the infrastructure (including water, power and heat supply and roads) of the new resettlement area is completed and who is responsible for it; and (ccxxxi) Whether it is convenient to go to hospital and school from the new resettlement area. iii. Monitoring of land acquisition 233. In accordance with the features of the land acquisition of this project, the external monitoring on the land acquisition and production resettlement shall be focused on the followings: (ccxxxii) Whether the compensation rates of various lands are determined in accordance with relevant laws of the state; (ccxxxiii) Whether the transfer procedure of land compensation fund can ensure the affected village and group to acquire their deserved amount; (ccxxxiv) Whether the amount of land acquired, compensation rate, compensation amount are publicized in the village and by which means they are publicized; (ccxxxv) Whether a definite and feasible plan is made for the collective use of land compensation; (ccxxxvi) Whether the plan of the use of land compensation is designed after the collection of the comments of related villagers and how the use plan is finally determined; and (ccxxxvii) How the benefit brought by land compensation is distributed and how the actual economic benefit of the displaced persons is guaranteed. iv. Monitoring of ROs 234. Capable, specialized and efficient ROs may assure the success of resettlement. The monitoring on the operation of ROs is an important part of independent monitoring. The means of monitoring are mainly visits to the ROs and the inspection on the working data and record. The main content of monitoring on ROs includes: (ccxxxviii) Whether the personnel structure of the ROs at various levels meets the requirements of the resettlement; (ccxxxix) Whether necessary working conditions are provided for the ROs at various levels; (ccxl) Whether the quality of resettlement personnel meets the requirements of the resettlement; (ccxli) The resettlement staff training; and (ccxlii) The internal data and information management of the ROs.
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v. The resettlement of vulnerable groups 235. The vulnerable groups shall be given special attention not only by the ROs but also by the independent monitoring organization. The independent monitoring organization shall follow up and monitor the resettlement of vulnerable groups by means of door-to-door interview, questionnaire, individual case analysis and the main indicators of monitoring include: (ccxliii) Which preferential policies are enjoyed by vulnerable groups in the resettlement; (ccxliv) Whether the affected poor household in the urban area can afford a new house and have their living standards improved; (ccxlv) Whether special requirements of affected women have been fully considered in the design of resettlement measures; (ccxlvi) Whether vulnerable groups, especially women, can acquire employment opportunity relating to the project and how many vulnerable persons are employed in the construction of the project; and (ccxlvii) Whether there is a female staff member in each RO to deal with the affairs of women. vi. The living standard baseline survey of displaced persons 236. Before the formal commencement of the resettlement, the independent monitoring organization shall collect the basic information for the resettlement of the Project upon sampling survey. Structured questionnaires are adopted for the sampling survey. Cluster sampling shall be carried out, taking all the affected households involved in the socioeconomic survey at the preparation phase of the project as the sample bank. The sampling proportion for living standard baseline survey is determined to be 10 -20%. 237. The living standard baseline survey of the affected households covers: family structure, production conditions, gross floor area of the houses, annual income of the household, employment structure, annual expenditure of the household, traffic conditions, water supply, power supply and heat supply conditions, living environment, subjective appraisal of production and living conditions. vii. The effect of resettlement 238. After the implementation of the resettlement, the external monitoring organization will follow up and monitor the effect of the resettlement continuously. 239. The external monitoring organization will investigate the affected households half a year after the resettlement. The follow-up survey is similar to the living standard baseline survey of the affected households, adopting sampling survey by means of structured questionnaires, to show the impact of resettlement on the production and living of the persons investigated. And the effect of resettlement shall be evaluated on the basis of the follow-up survey. 240. The principle of the selection of samples of the follow-up survey is the same as that of living standard baseline survey. The external monitoring organization shall try to investigate the objects of living standard baseline survey. After the living standard baseline
106 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component survey, the independent monitoring personnel shall establish the database of the samples of the survey, which will be the basis of the follow-up survey. As to the survey objects that it is hard to investigate again due to various reasons, they shall be replaced by similar affected households in the same community after referring to the information bank established upon the earlier socioeconomic survey. 241. The contents of the follow-up survey shall be consistent with those of living standard baseline survey, so as to carry out comparison analysis of the production and living conditions of the affected households before and after the resettlement. Meanwhile, the subjective comments on the resettlement of the displaced persons shall be collected and they will be referred to in the evaluation of the effect of the resettlement.
10.2.6 Reporting system for independent monitoring
242. The external monitor shall make external monitoring report in written form based on the information acquired through observation and survey. The two purposes of reporting: one is to report the progress of the resettlement and existing problems objectively to the DPMO and the Owner and the other is to evaluate the social and economic effects of the resettlement, propose constructive comments and suggestions to improve and perfect the resettlement. 243. The external monitor shall submit reports to the DPMO and the Owner and ADB as planned schedule in Table 10-4, and the periods of reporting are confirmed as follows: (ccxlviii) Conduct a survey on the AP’s living standards and situation and submit a resettlement baseline report at the very beginning of resettlement implementation; (ccxlix) Conduct investigations and submit a monitoring and evaluation report every six months in February 28th and August 31st, respectively until LAR including house relocation activities are completed; (ccl) Conduct two annual evaluations and submit reports to verify the resettlement has restored the livelihoods, incomes and living standards of APs, (ccli) Prepare and submit a resettlement completion report to the DPMO and the Owner after completion of resettlement of all subprojects. Table 10-4: Schedule Plan of Report Submission
Report Number Submission Date
External Monitoring Report No.1 31 August 2012
External Monitoring Report No.2 28 February 2013
External Monitoring Report No.3 31 August 2013
External Monitoring Report No.4 28 February 2014
External Monitoring Report No.5 28 February 2015
External Monitoring Report No.6 28 February 2016
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244. A monitoring report shall at least include the followings: (i) monitoring objects; (ii) the progress of the resettlement; (iii) main findings of the independent monitoring organization; (iv) main existing problems; and (v) basic appraisal, comments and suggestions of independent monitoring organization. 245. The external monitor shall submit the report both in English and in Chinese to the DPMO and ADB. Before submitting, the external monitoring organization shall inform relevant personnel of the RO of the contents of the report and collect their comments and they shall communicate with each other on the contents and the form of the report.
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Annex I. Rehabilitation Plan of AP’s Production
The annual interest of land compensation fees will exceed the loss of annual income. The return analysis without risk of the APs is presented in Table AI-1. In fact, APs can’t save all compensation into banks because they need the compensation for improving agricultural structures or opening other small businesses. Therefore, the analysis is only a demonstration of replacement value.
Table AI-1: Return Analysis of APs
Area Interest Interest Village Group Loss Compensation Acquired from Bank Minus Loss mu CNY CNY CNY CNY 1 22.84 22,835 959,550 28,786 5,951 2 44.74 44,740 1,880,020 56,401 11,661 5 70.54 70,540 2,964,161 88,925 18,385 Bailin 6,7 304.86 30,4861 12,810,580 384,317 79,456 8 34.20 34,200 1,437,101 43,113 8,913 10 38.36 38,360 1,611,926 48,358 9,998 12 3.73 3,730 156,738 4,702 972 Beiershipu Xieheping 2.55 2,550 107,154 3,215 665 Donghe Shilipu 36.70 36,700 1,542,171 46,265 9,565 Xiershi Bozhihe 30.50 30,500 1,281,641 38,449 7,949 Total 589.02 589,016 24,751,041 742,531 153,515
Note：Annual income loss is based on CNY1,000 per mu and annual interest income is based on interest rate of 3.0% per year.
Compensation Standard for farmland is CNY40,020 per mu. Based on the annual interest rate of 3.0%, the annual return of the farmland compensation is CNY1,200.6, higher than annual income from each mu of farmland (CNY1,000). Namely, the interest of the compensation can offset the land loss. Moreover, the project construction will attract more investments and create more job opportunities. Through the project training program, the competitiveness of the APs will be enhanced. Assumed that one individual works six (6) months each year, the total income can be CNY12,000. Their excess house may be rented out with the improvement of the transportation. Assumed that the rent is CNY 150-200 each room, the annual rent income will be CNY1,800 to 2,400.
Among total 323 affected households, 67 households will lose less than 10% of their land holding, averaging 7.87%; 209 households will lose 10 to 30% of land holding, averaging losing 15.69%; and 47 households will lose 30 to 70% of land holding, averaging losing 37.55%. The HHs with land loss less than 10% can decide their own restoration. Their compensation can be deposited in bank to gain interest without any risk. More detailed analysis on remaining 256 HHs with land loss between 10%-70% is presented in Tables AI-2 to 3.
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246. As presented in Table AI-2, average land loss proportion of 256 households (land loss is more than 10% of their contracted farmland.) is 19.87%; and average farmland per capita is reduced from 0.22 mu to 0.51 mu. According to the consultation, economic restoration measures should be adopted as follows: (i) grow economic crops instead of grain crops, for example, plant potato or herbs instead of wheat; (ii) engage in non-agriculture, such as small enterprises or restaurant; (iii) obtain interest from compensation. Production restoration program is presented in Tables AI-3 and AI-4; input/output is presented in Table AI-4. As presented in Tables AI-3 and AI-4, the net income after compensation and resettlement is higher remarkably than the income before resettlement.
(cclii) Restoration measures for the 209 HHs with land loss between 10 to 30% 247. Deposit part of the compensation fees in bank (CNY40, 020/mu); grow 306 mu of potato, 22 mu of herb, 1,509 mu of wheat; run nine (9) farm restaurants; rent out 10 shops. The total input will be CNY3,726,477, while its output will be about CNY41,414,042. In addition, the bank interest will be about 327,854. The total income will be CNY4,462,896. Compare to the income before LA, the income increased by CNY736,420.
(ccliii) Restoration measures for the 47 HHs with land loss between 30 to 70% 248. Deposit part of the compensation fees in the bank (CNY40, 020/mu); grow 75 mu of potato, 15.5mu of herb, 230.6 mu of wheat; run 6 farm restaurants; rent out 3 shops. The total input will be CNY1,548,764, while its output will be about CNY1,603,190. In addition, the bank interest will be about 323,369. The total income will be CNY1,926,559. Compare to the income before LA, the income increased by CNY736,420. Compare to the income before LA, the income increased by CNY377,795.
249. In the process of resettlement implementation, the APs’ willingness will be respected. External monitoring institution will monitor the income restoration.
Table AI-2: Impact of Affected Households (land loss>10%)
Farmland Remaining HH Population Labor LA Proportion Village Group before LA Farmland HH person person mu mu % mu 1 13 56 29 122.30 21.40 17.5 100.90 2 19 82 43 198.50 30.54 15.39 167.96 5 26 112 58 296.60 70.54 23.78 226.06 Bailin 6,7 127 546 284 1,48.70 274.36 18.94 1,174.34 8 15 65 34 177.50 33.35 18.79 144.15 10 23 99 52 179.60 33.69 18.76 145.91 12 2 9 5 20.30 3.73 18.37 16.57 Beiershipu Xieheping 2 9 5 13.20 2.00 15.15 11.20 Donghe Shilipu 14 60 31 103.90 34.40 33.11 69.50 Xiershi Bozhihe 15 65 34 132.50 30.50 23.02 102.00
110 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Farmland Remaining HH Population Labor LA Proportion Village Group before LA Farmland HH person person mu mu % mu Total 1,103 575 2,693 531 19.72 2,162.00
Table AI-2: (1) Restoration and Income Estimates of Affected Households
(land loss between 10 to 30%)
Affected Present Land Plantation Compensation Village Group HHs Farmland Acquired Income HH mu mu CNY CNY 1 13 122.3 21.4 122,300 897,358 2 16 167.3 19.0 167,300 800,080 5 19 215.4 40.3 215,400 1,695,127 Bailin 6,7 98 1,118.5 153.1 1,118,500 6,431,793 8 13 153.2 23.7 153,200 994,620 10 20 156.4 25.2 156,400 1,058,509 12 2 20.3 3.7 20,300 156,738 Beiershipu Xieheping 2 13.2 2.0 13,200 84,042 Donghe Shilipu 12 88.6 26.3 88,600 1,105,152 Xiershi Bozhihe 14 123.7 27.2 123,700 1,142,971 Total 209 2,178.9 341.9 2,178,900 14,366,390
Note: Compensation = Acquired Land Area X Compensation Standard
Table AI-2: (2) Restoration and Income Estimates of Affected Households
(land loss between 10 to 30%)
Affected Farm Potato Herb Wheat Shop Village Group HHs Restaurant HH mu mu mu HH HH 1 13 10.0 0.0 90.9 0 0 2 16 15.0 0.0 133.3 0 0 5 19 14.0 0.0 161.1 3 4 Bailin 6,7 98 160.0 20.0 785.4 5 6 8 13 28.0 1.0 100.5 1 0 10 20 35.0 1.0 95.2 0 0 12 2 5.0 0.0 11.6 0 0 Beiershipu Xieheping 2 5.0 0.0 6.2 0 0 Donghe Shilipu 12 20.0 0.0 42.3 0 0 Xiershi Bozhihe 14 14.0 0.0 82.5 0 0
111 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Affected Farm Potato Herb Wheat Shop Village Group HHs Restaurant HH mu mu mu HH HH Total 209 306.00 22.00 1,509.0 9 10
Table AI-2: (3) Restoration and Income Estimates of Affected Households
(land loss between 10-30%)
Net Income Difference Affected Total Interest Total of after and HHs Input Income Income Village Group Plantation before LA HH CNY CNY CNY CNY CNY 1 13 46,461 105,420 25,526 130,946 84,485 2 16 68,349 155,080 21,952 177,032 108,683 5 19 1,176,563 1,172,858 18,216 1,191,074 14,511 Bailin 6,7 98 2,069,689 2,112,970 130,863 2,243,833 174,144 8 13 208,096 234,056 23,595 257,651 49,555 10 20 66,256 154,170 29,767 183,937 117,681 12 2 8,320 18,860 4,453 23,313 14,993 Beiershipu Xieheping 2 5,941 13,460 2,343 15,803 9,862 Donghe Shilipu 12 31,473 71,340 32,210 103,550 72,077 Xiershi Bozhihe 14 45,329 102,828 32,929 135,757 90,428 Total 209 3,726,477 4,141,042 321,854 4,462,896 736,420
Note: (i) Plantation net income = area of farmland multiples net income each mu (see Table 6-8); (ii) Interest income = one-year interest of compensation fund after deducting the investment for plantation X 3.0%)
Table AI-3: (1) Restoration and Income Estimates of Affected Households
(land loss between 30 to 70%)
Affected Present Land Plantation Compensation Village Group HHs Farmland Acquired Income HH mu mu CNY CNY 1 0 0.00 0 0 0 2 3 31.20 11.5 31,200 483,242 5 7 81.20 30.2 81,200 1,269,034 Bailin 6,7 29 330.20 121.3 330,200 5,097,147 8 2 24.30 9.7 24,300 406,763 10 3 23.20 8.5 23,200 357,179 12 0 0.00 0.0 0 0 Beiershipu Xieheping 0 0.00 0.0 0 0
112 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Donghe Shilipu 2 15.30 8.6 15,300 362,221 Xiershi Bozhihe 1 8.80 3.3 8,800 138,669 Total 47 514.20 193.1 514,200 8,114,255
Table AI-3: (2) Restoration and Income Estimates of Affected Households
(land loss between 30 to 70%)
Affected Farm Potato Herb Wheat Shop Village Group HHs Restaurant HH mu mu mu HH HH 1 0 0.0 0.0 0.0 0 0 2 3 7.0 1.0 11.7 0 0 5 7 14.0 1.0 36.0 0 0 Bailin 6,7 29 50.0 52 106.9 5 2 8 2 2.0 12.6 2.1 1 1 10 3 2.0 1.0 11.7 0 0 12 0 0.0 0.0 0.0 0 0 Beiershipu Xieheping 0 0.0 0.0 0.0 0 0 Donghe Shilipu 2 0.0 0.0 6.7 0 0 Xiershi Bozhihe 1 0.0 0.0 5.5 0 0 Total 47 75 15.5 230.6 6 3
Table AI-3: (3) Restoration and Income Estimates of Affected Households
(land loss between 30 to 70%)
Net Income Difference Affected Total Interest Total She of after and Village HHs Input Income Income Plantation before LA HH CNY CNY CNY CNY CNY
1 0 0 0 0 0 0
2 3 11,498 30,014 14,152 44,166 32,668
5 7 26,696 64,478 37,270 101,748 75,052
Bailin 6,7 29 1,183,389 1,196,550 119,104 1,315,654 132,265
8 2 313,519 277,194 127,511 404,705 91,186
10 3 8,288 22,754 10,467 33,221 24,933
12 0 0 0 0 0 0
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Beiershipu Xieheping 0 0 0 0 0 0
Donghe Shilipu 2 2,951 6,700 10,778 17,478 14,527
Xiershi Bozhihe 1 2,423 5,500 4,087 9,587 7,164 Total 47 1,548,764 1,603,190 323,369 1,926,559 377,795
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Table AI-4: Input and Output Analysis – Unit Input Cost and Output Income
Potato Herbs Wheat Farm restaurant or shops Building Square Seeds CNY/mu 180 Seedlings CNY/mu 500 Sow CNY/mu 45 80 Houses meters Organic CNY/mu 140 Organic Fertilizer CNY/mu 600 Fertilizer CNY/mu 115 Seats Person50 Fertilizer Employees CNY/mu 222 chemical fertilizer CNY/mu 100 Seeds CNY/mu 13.5 Initial Input Building Input Other CNY/mu 100 Insecticide CNY/mu 100 Irrigates CNY/mu 88 CNY 64,000 Houses Total CNY/mu 642 Employees CNY/mu 300 Insecticide CNY/mu 66 Decoration CNY 80,000 Other Input CNY/mu 250 Harvest CNY/mu 73 Total CNY 144,000 Annual Subtotal CNY/mu 1,850 Other CNY/mu 40 apportioned CNY 57,600 cost Output kg/mu 1,710 Subtotal CNY/mu 440.5 Attendance% 65 Turnover Price CNY/kg 0.80 Output kg/mu 100 Output 500g/mu 1,200 CNY 1,000 per day Cost per Output CNY/mu 1,368 Price CNY/kg 100 Price CNY/500g 1.2 CNY 610 day Output Net Net return One season 726 Output CNY/mu 10,000 Output CNY/500g 1,440 CNY 390 Income per day Annual Net Income CNY/mu 1,452 Net Income CNY/mu 8,150 Net Income CNY/mu 1,000 CNY 142,350 Income Net Income CNY 84,750
Note: Annual cost allocation is based on period of operation
115 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Annex II. Social Pension Insurance of the Landless Farmers
Anding District Government (ADG) will provide social pension insurance for villagers who lose their contracted land due to local urban infrastructure development. The detail measures include as follows. (i) ADG is responsible for providing the pension insurance for landless villagers uniformly, while different government divisions of labor safeguard, land resource, finance and agriculture is responsible for the work according to this own duties. (ii) Villagers who lose their land totally shall be enrolled into the basic pension insurance system as same as urban residents. Their pension insurance will be provided in methods same to urban residents. (iii) Farmers whose acquired farmland is more than 80% of their total contracted land are considered as complete land losers. These farmers shall return their remaining contracted land to village committees and become urban residents. They shall be transformed from rural residency registration (rural Hu Kou) into urban residency registration (urban Hu Kou) and enrolled into the basic pension insurance system as same as urban residents with a unified account opened specially for the pension insurance system. They will not receive any extra compensation for the remaining farmland when they return it back to the village collectives. (iv) Farmers who sign the second round of land contract with village committees and over 16 years of age when the land is acquired shall participate in social pension insurance if the acquired land accounts for over 20% and less than equal to or 80% of their total contracted land. They are considered as partial land losers and shall have entirely-owned pension insurance account, which will be combined with the rural pension insurance system. (v) Farmers whose acquired land is less than 20% of their total contracted land will not be taken into the pension system temporarily. When they are involved in land acquisition in future, the total amount of lost land can be accumulatively calculated. (vi) Farmers whose acquired land is over 80%, but their living still can be supported by remaining land, can enroll into voluntarily the pension insurance as partial land losers. The cost of the landless farmers’ pension is paid by the individuals and the government, taking an approach of a lump sum paid in the land acquisition process, for which individuals pay 40%, subtracting from the land compensation fees and resettlement fees, and the government takes 60%. For state key construction sites, the government’s part comes from the income of selling the land. The expenditure shall be taken into land acquisition costs. Procedures to apply for the pension insurance include (i) village economic organizations and a village collective committee will discuss and check the application for the pension insurance required by APs; (ii) town governments or street administrative offices will publish the application and report it to relevant safeguard agencies of county or district governments; (iii) the social insurance agency in counties and districts will determine the amount of
116 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component pension insurance that APs should pay; (iv) relevant land administrative agencies will inspect the application and process the cost for the insurance; (v) the government financial department will set up special pension fund accounts for APs and conduct special management.
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APPENDIX I RESETTLEMENT INFORMATION BOOKLET
The ADB Financed Dingxi Urban Infrastructure Development Project
Resettlement Information Booklet
Respected：______
Asian Development Bank (ADB) Financed Dingxi Urban Infrastructure Development Project (Project) will cover the place your family/working unit is located in, and this booklet is hereby issued in order to let you understand the general situation of the project, relevant land relocation policy of the country and affected family/working unit.
I. General situation of the project
Dingxi Urban Infrastructure Development consists of four components: (i) Road network (6 new roads and one expanded road); (ii) Bridge; (iii) Rainwater and sewage; (iv) Attachments, as presented in Table 1. The Project civil construction plans to start August 2012 and expect to be completed in November 2016.
Table 1: Project Roads
Width of Red Width of Length Name of Road Starting & End of Road Line Landscape Belt (m) (m) (m) From north Zhengfu Road to Jiaotong Road 4,035.30 40 16 Nanba Road (South to North) From north Zhengfu Road to Xihuan Road 3,857.40 36 16 Nanba Road(S to N) Xincheng Avenue From north Zhengfu Road to 1,414.90 52 16 and Bridge Beier Road(S to N) Xihuan Road to Xingcheng South Beian Road 791.90 18 16 Avenue(W to E) Middle Beian Xihuan Road to Xingcheng 769.10 18 16 Road Avenue(W to E) Xihuan Road to Xingcheng North Beian Road 735.40 18 16 Avenue(W to E) North Zhengfu Road to North Dingxi Road 1,721.40 18 16 Xihuang Road(S to N) Total 13,325.40
II. Laws and regulations and compensation rates in regard to land acquisition
(1) Major laws and regulations
118 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
(ccliv) The Law of Land Administration of the PRC (cclv) Regulations on the Implementation of the Land Administration Law of the PRC (cclvi) Property Rights Law of the PRC (cclvii) The Suggestions of Gansu Provincial People’s Government on Deepening Reform and Tightening Land Management (cclviii) Method of Land Acquisition for Large Infrastructure Projects in Gansu (cclix) House Demolition Management Regulations of Dingxi City (cclx) ADB Safeguard Policy Statement (2) Compensation policies on LAR for the Project
Category Compensation rate Young crop and ground attachments on collectively-owned land are I. Land acquisition compensated to the proprietor according to actual loss. compensation The farmland: CNY 60/ m2. Seedling; CNY 3/ m2; non-farmland: CNY 45 / m2. Compensation standards for residential real estate are : Brick-concrete: CNY364-765/m2 Brick-wood: CNY2773-606/m2 Brick-earth-wood: CNY210-510/m2 II. House Simple shed: CNY100/m2 compensation Specific compensation will be evaluated by field survey. Transmit subside: CNY40/person month; in total 12 month; Moving allowance: CNY2,400/HH. Rural housing site: CNY135/HH
These compensation standards are formulated on the basis of survey and investigation and in accordance with the laws and regulations of the PRC as well as the operational policy of involuntary resettlement by ADB, in order to restore and improve the standards of living of affected population after resettlement as soon as possible.
III. Resettlement Plans and Strategies
Farmers to be affected by land acquisition will be compensated by Dingxi ADB Project Management Office (Dingxi PMO) according to the compensation standards in Section II. Affected land will be measured by the third party with supervision of Anding District National Land Administrative Bureau and villager committees and affected farmers. Amount of land compensation will be based on measures. There will be no land adjustment and reassignment in affected villagers. All of affected farmers will be compensated in cash. After signing agreement for the land acquisition, the cash will be deposited into farmers’ bank account directly. Then the land will be acquired and used by the Project. Dingxi PMO will work with local government to provide relevant training program to affected farmers for improving their agricultural production and income.
119 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
Farmers to be affected by house demolition will be compensated by Dingxi PMO according to the compensation standards in Section II. The house structures and quality will be evaluated and construction area of houses will be measured by an independent agency with supervision of village committees and affected farmers. Affected farmers have three options to receive the compensation: (i) in cash to buy apartment; (ii) in cash to build a new house by self; and (iii) with new apartment built by local government.
IV. Planned resettlement and project implementation schedule
Item Time Land acquisition and relocation announcement January 2012 Compensation payment July 2012 Land acquisition and relocation August 2012 – September 2013 Moving into new houses Before September 2013 Project construction August 2012 – November 2016
V. Rights and obligations of affected population
(1) Rights of affected people They should obtain compensations completely according to the above compensation rates and may reflect their ideas and suggestions to the ROs of villagers’ committees/communities, towns/streets, districts and the city.
(2) Procedure of Complaining and Appealing The Procedures of complaining and appealing are as follows: Phase 1 The displaced persons give their oral or written complaints to the village (community) committee or local RO. In case of oral complaint, the village (community) committee or local RO must keep a written record and give a clear reply within 2 weeks. If it is a big issue that shall be submitted to the superior RO, the village (community) committee or local RO shall try to get the comments of the superior RO within 2 weeks. Phase 2 If the reply given in the Stage 1 fails in satisfying the complainer, the complainer may appeal to the district RO within 1 month after receiving the decision of Stage 1. The district RO shall make a decision on the appeal within 3 weeks. Phase 3 If the complainer is dissatisfied with the decision of the district RO, he or she may appeal to the PMO RO or DUCIAM within 4 weeks after receiving the reply of stage 2. The PMO RO will give its comment within 4 weeks. If there are no agreements, administrative arbitration can be implemented.
120 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
The ROs of the districts shall arrange the principals to collect and receive the complaints and appeals of the displaced persons. See for their names, office addresses, and telephone numbers below. Complaints can also be sent directly to ADB if the local grievance redress mechanism is not addressing their concerns. ADB will contact Gansu Provincial PMO to deal with complains or send officials to investigate and deal with complains. If an AP believes that ADB has not complied with their policy and this has lead to harm, APs may also submit a complaint in accordance with ADB’s Accountability Mechanism (AM) 3 . AM will start investigation process to deal with complains.
Information of Organizations and Persons for Receiving Complaints and Appeals of Displaced Persons
Contact Organization Address Telephone person Dingxi Foreign Loan Office Xue, Ling Dingxi Finance Bureau 13830278083 12 Gongyuan Rd. Anding DUCIGC He, Zhigeng 18215239828 District, Dingxi City Dingxi Urban Housing 28 Fengan Rd. Anding Dong 18909323889 Demolishment Office District, Dingxi City ADB +(63) 2-632-6224 6ADB Avenue ADB Staff R. Mamatkulov Mandaluyong City 1550 +(86)10-8573-0909 Metro Manila, Philippines
(3) Obligations of affected population (cclxi) They should actively cooperate with project construction. (cclxii) New buildings should not be set up within the range of survey after December 31, 2010, or there will be no compensation. (cclxiii) They should demolish the buildings within the range of land for transportation.
VI. Assistance to vulnerable households
Vulnerable households will be given the following assistance:
(cclxiv) Financial assistance. In the process of relocation, villages/communities should offer some subsidiaries to them. (cclxv) Assistance in labor service. Villages/communities give assistance to labor force responsible for relocation. (cclxvi) Vulnerable households should have priority to select locations for building reconstruction and reallocated farmland.
3 Before submitting a complaint to the Accountability Mechanism, affected people should make a good faith effort to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism. For further information see: http://www.adb.org/Accountability-Mechanism/default.asp.
121 Gansu Urban Infrastructure Development and Wetland Protection Project Dingxi Component
VII. Land acquisition and relocation agencies
(cclxvii) Municipal agency Resettlement Office of the DUCIAM or Dingxi ADB Project Management Office Address: 12 Gongyuan Rd. Anding District, Dingxi City Postcode: 741000
Tel：0932-8235237
Independent External Monitor Address: TBD Tel: TBD
VIII. Booklet clarifications
The DUCIAM or Dingxi ADB Project Management Office can be contact for clarifications.
Thank you for your support to this Project!
Dingxi ADB Project Management Office Dingxi Urban Construction & Investment and Asset Management Ltd Co.
December 2011
122 Gansu Urban Infrastructure Development and Supplementary Appendix 9 Wetland Protection Project (TA 7609-PRC) Final Report
Supplementary Appendix 9 Zhangye Subproject Resettlement Plan
GANSU URBAN INFRASTRUCTURE DEVELOPMENT AND WETLAND PROTECTION PROJECT
Zhangye Urban Infrastructure Development Component
(ADB Project No: P44020)
RESETTLEMENT PLAN
Zhangye Ganzhou District Foreign Loan Management Committee
2 April 2012
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Abbreviation
ADB Asian Development Bank
AV Administrative Village
HH Households
Mu Chinese measurement unit for land area（1mu =0.0667 ha）
AH Project Affected Household
AP Project Affected Person
PMO ADB Financed Zhangye Project Management Office
PRO Project Resettlement Office under ZGDFLMC
RMB Ren Min Bi——the unit of Chinese currency
RP Resettlement Plan
SES Social economic survey
Twp Township
ZGDFLMC Zhangye Ganzhou District Foreign Loan Management Committee
¥ The abbreviation for China yuan, CNY
Note： all abbreviations were explained in the text, here only introduces important part.
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
ENDORSEMENT LETTER OF RESETTLEMENT PLAN
Asian Development Bank:
The Resettlement Plan (hereinafter referred to as RP) of the Zhangye Urban Infrastructure Development Component of ADB Financed Gansu Urban Infrastructure Development and Wetland Protection Project (the Project) is prepared and compiled in accordance with relevant resettlement regulations of ADB Safeguard Policy Statement and relevant laws and legislations of the China Government. During implementation of the Project, we will strictly abide by this RP.
Date: March 2012
Signature:
Director:
Zhangye Ganzhou District Foreign Loan Management Committee
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
TABLE OF CONTENTS
ZHANGYE GANZHOU DISTRICT FOREIGN LOAN MANAGEMENT COMMITTEE ...... I ABBREVIATION ...... I EXECUTIVE SUMMARY ...... 1
E1. DESCRIPTION OF THE PROJECT AND LAND ACQUISITION AND RESETTLEMENT IMPACTS ...... 1
E2. RESETTLEMENT PRINCIPLES AND ENTITLEMENTS ...... 1
E3. PUBLIC PARTICIPATION AND GRIEVANCE ...... 2
E4. RESETTLEMENT AND LIVELIHOOD REHABILITATION ...... 2
E5. INSTITUTIONAL ARRANGEMENT ...... 2
E6. COST AND SCHEDULE ...... 3
E7. MONITORING AND EVALUATION ...... 3 I. PROJECT OVERVIEW ...... 4
1.1 INTRODUCTION OF ZHANGYE CITY ...... 4
1.2 PROJECT CONTENTS ...... 4
1.3 AFFECTED REGIONS ...... 7
1.4 MEASURES TO MITIGATE IMPACTS ...... 10 1.4.1 Measures Adopted at the Project Design Stage ...... 10 1.4.2 Measures to Be Adopted during LAR ...... 11 1.4.3 Measures to Be Adopted during Construction ...... 11
1.5 PREPARATION AND PROGRESS OF THE PROJECT ...... 11
1.6 OWNERSHIP OF THE PROJECT ...... 12 II. PROJECT IMPACT ANALYSIS ...... 13
2.1 DEFINITION OF PROJECT IMPACT ...... 13
2.2 PROJECT IMPACT SURVEY ...... 14
2.3 PROJECT IMPACTS ...... 15
2.4 IMPACTS OF LAND ACQUISITION ...... 15 2.4.1 Land Acquisition ...... 15 2.4.2 Temporary Land Occupation ...... 33
2.5 AFFECTED BUILDINGS ...... 33 2.5.1 Affected Residential Buildings ...... 33
i Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
2.5.2 Affected Buildings of Enterprises and Institutions ...... 36 2.5.3 Affected Temporary Buildings ...... 39 2.5.4 Affected Attachments on the Buildings ...... 39
2.6 AFFECTED VULNERABLE GROUPS ...... 39 2.6.1 Identification of Affected Vulnerable Groups ...... 39 2.6.2 Affected Families of Vulnerable Groups ...... 40 III. ANALYSIS ON SOCIO-ECONOMIC CONDITIONS ...... 41
3.1 GENERAL INTRODUCTION OF SOCIO-ECONOMIC DEVELOPMENT OF THE AFFECTED REGIONS ...... 41 3.1.1 Zhangye City ...... 41 3.1.2 General Socioeconomic Situation of Ganzhou ...... 41
3.2 GENERAL SITUATION OF AFFECTED VILLAGES ...... 42
3.3 SAMPLE SURVEY ...... 43 3.3.1 Selection of sample households ...... 43 3.3.2 Basic situation of sample households ...... 43 3.3.3 Income situation of APs ...... 48 3.3.4 Expenditure situation of APs ...... 49 3.3.5 House Use of Sample Households ...... 51 3.3.6 Land Feature of Project Area ...... 51 3.3.7 Land Acquisition Impact Analysis ...... 52 3.3.8 APs’ Basic Understanding of land acquisition and housing demolition ...... 59
3.4 CONCLUSIONS ...... 62 IV. LEGAL AND POLICY FRAMEWORK ...... 64 4.1 GENERAL...... 64
4.2 POLICY BASIS ...... 64
4.2.1 Relevant Laws and Provisions Enacted by the Central Government ...... 64 4.2.2 Regulations and Policies Enacted by the People’s Government of Gansu Province and Zhangye City ...... 64
4.2.3 ADB’s Policies on Involuntary Resettlement ...... 65
4.3 SUMMARY OF MAIN LAWS, REGULATIONS AND POLICIES ...... 65 4.3.1 Summary of Relevant National and Provincial Laws and Regulations ...... 65 4.3.2 Abstracts of related regulations and rules of Gansu Province ...... 69 4.3.3 ADB’s Relevant Policies on Involuntary Resettlement ...... 70
ii Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
4.3.4 Comparison of ADB’s involuntary resettlement policies with the PRC’s LAR policies 71
4.4 TARGET OF RESETTLEMENT ...... 72
4.5 COMPENSATION CONDITIONS ...... 73
4.6 COMPENSATION PRINCIPLES ...... 73
4.7 COMPENSATION STANDARDS ...... 74 4.7.1 Land Compensation Standards ...... 74 4.7.2 Compensation on House Demolition ...... 75 4.7.3 Compensation for Business Operation ...... 77 4.7.4 Compensation for Temporal Houses ...... 77
4.8 ENTITLEMENT MATRIX ...... 78 V. PUBLIC PARTICIPATION AND CONSULTATION ...... 81
5.1 PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES PERFORMED ...... 81
5.2 FEEDBACK ON PUBLIC PARTICIPATION AND CONSULTATION ...... 82
5.3 CONSULTATION PLAN WITH AFFECTED POPULATION ...... 83
5.4 METHODS OF CONSULTATION OF AFFECTED POPULATION DURING PROJECT IMPLEMENTATION ...... 84 5.4.1 Direct Meeting ...... 84 5.4.2 Indirect Consultation ...... 85
5.5 INFORMATION DISCLOSURE ...... 85 VI. IMPLEMENTATION PLAN FOR RESETTLEMENT AND REHABILITATION ...... 86
6.1 OBJECTIVES AND PRINCIPLES ...... 86 6.1.1 Objectives of resettlement and rehabilitation ...... 86 6.1.2 Principles of Resettlement and Rehabilitation ...... 86
6.2 THE RELOCATEES’ WILLINGNESS OF RESETTLEMENT ...... 87
6.4 RESETTLEMENT AND REHABILITATION OF AFFECTED HOUSEHOLD ENTERPRISES AND INSTITUTIONS ...... 94
6.5 REHABILITATION OF THE LIVELIHOOD CONDITIONS OF FARMERS AFFECTED BY LAND ACQUISITION ...... 98 6.5.1 The Overall plan ...... 98 6.5.2 Rehabilitation measures for APs’ production ...... 99
6.6 TRAINING FOR FARMERS WHO WILL LOSE THEIR LAND ...... 102
6.7 RESETTLEMENT AND REHABILITATION OF AFFECTED VULNERABLE GROUPS .. 104
6.8 SPECIALIZED FACILITIES FOR RECOVERY ...... 105
6.9 FUTURE CITY DEVELOPMENT AFTER THE RESETTLEMENT OF FARMERS ...... 105
iii Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
6.10 SCHEDULE OF RESETTLEMENT AND REHABILITATION ...... 107 VII. BUDGET AND MANAGEMENT OF RESETTLEMENT ...... 111
7.1 COMPOSITION OF RESETTLEMENT FUND ...... 111 7.1.1 Land acquisition compensation ...... 111 7.1.2 House relocation compensation ...... 111 7.1.3 Specialized compensation for rehabilitation and conversion ...... 111 7.1.4 Administrative cost ...... 111 7.1.5 Other relevant costs for resettlement ...... 112 7.1.6 Contingency cost ...... 112
7.2 RESETTLEMENT BUDGET ...... 112
7.3 RESETTLEMENT FUND RECEIVERS AND CAPITAL FLOW ...... 115 7.3.1 Resettlement fund receivers ...... 115 7.3.2 Source and flow of resettlement fund ...... 115
7.4 PAYMENT, MANAGEMENT AND MONITORING OF RESETTLEMENT FUND ...... 116 7.4.1 Payment of resettlement fund ...... 116 7.4.2 Management and monitoring of resettlement fund ...... 116 VIII. RESETTLEMENT ORGANIZATIONS ...... 117
8.1 ORGANIZATIONAL STRUCTURE ...... 117
8.2 RESPONSIBILITIES OF ORGANIZATIONS ...... 118 8.2.1 Ganzhou District Government, Zhangye City (ZGDFLMC) ...... 118 8.2.2 ZGDFLMC and its Resettlement Division ...... 118 8.2.3 Ganzhou District Land Resource Bureau ...... 119 8.2.4 Xindun Town (Changan Village) Government ...... 119 8.2.5 Related Village Committees ...... 120 8.2.6 External Monitoring Organization ...... 120
8.3 PERSONNEL AND FACILITIES OF RESETTLEMENT ORGANIZATIONS AT ALL LEVELS ...... 121
8.4 MEASURES FOR INSTITUTIONAL STRENGTHENING ...... 122 IX. COMPLAINTS AND APPEALS ...... 124
9.1 METHODS OF COLLECTING COMPLAINTS ...... 124
9.2 PROCEDURE OF COMPLAINING AND APPEALING ...... 124 Phase 1 124 Phase 2 124 Phase 3 124
iv Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Phase 4 125
9.3 PRINCIPLES OF HANDLING COMPLAINTS ...... 125
9.4 CONTENTS AND WAYS OF REPLYING TO COMPLAINTS ...... 125 9.4.1 Contents of replies to complaints ...... 125 9.4.2 Ways of replying complaints ...... 125
9.5 RECORDS OF COMPLAINTS AND APPEALS AND RELEVANT FEEDBACK ...... 126
9.6 CONTACT INFORMATION FOR EXPRESSING COMPLAINTS AND APPEALS ...... 126
9.7 BUDGET FOR SOLVING COMPLAINTS AND APPEALS ...... 127 X. RESETTLEMENT MONITORING ...... 128
10.1 INTERNAL MONITORING ...... 128 10.1.1 Purpose and principles ...... 128 10.1.2 Procedure of internal monitoring ...... 128 10.1.3 Contents of internal monitoring ...... 130 10.1.4 Methods of internal monitoring ...... 131 10.1.5 Internal monitoring agencies and staff arrangement ...... 134 10.1.6 Responsibility of internal monitoring agencies ...... 134 10.1.7 Cycle of internal monitoring and reporting ...... 135
10.2 EXTERNAL MONITORING ...... 135 10.2.1 Purpose of external monitoring ...... 135 10.2.2 External monitoring organization and monitoring personnel ...... 136 10.2.3 Responsibilities of the external monitoring organization ...... 136 10.2.4 Means and procedures of external monitoring ...... 136 10.2.5 Contents of independent monitoring ...... 137 10.2.6 Reporting system for independent monitoring ...... 140 APPENDIX I RESETTLEMENT INFORMATION BOOKLET ...... 151
I. GENERAL SITUATION OF THE PROJECT ...... 151
II. LAWS AND REGULATIONS AND COMPENSATION RATES IN REGARD TO LAND ACQUISITION ...... 151
III. PREDICTED IMPLEMENTATION TIME ...... 152
IV. RIGHTS AND OBLIGATIONS OF AFFECTED POPULATION ...... 152
V. ASSISTANCE TO VULNERABLE HOUSEHOLDS ...... 154
VI. LAND ACQUISITION AND RELOCATION AGENCIES ...... 154
VII. RIGHT TO INTERPRET THE BOOKLET ...... 155 APPENDIX II COMPENSATION STANDARDS FOR LAND ACQUISITION IN URBAN PLANNING AREA IN ZHANGYE CITY
v Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
vi Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
EXECUTIVE SUMMARY
E1. DESCRIPTION OF THE PROJECT AND LAND ACQUISITION AND RESETTLEMENT IMPACTS
1. The Zhangye Urban Infrastructure Development Component (the Project) of ADB Financed Gansu Urban Infrastructure Development and Wetland Protection Project consists of four components including: (i) Urban Road Construction (21 new roads with 45.163 km length in total); (ii) Wastewater and Stormwater Pipeline Construction along Roads; (iii) A Water Supply Plant (80,000 ton per day) and Pipeline Construction; and (iv) Road Ancillary works.
2. The Project will affect fifty one (51) groups of twelve (12) village committees in one (1) town of Ganzhou District of Zhangye City. In total, 2,697.6 mu of land will be acquired permanently, while 60 mu of land will be occupied temporarily. Among the permanently acquired land, 2,231.36 mu of land is cultivated land, 386.8 mu of land is housing site land and 79.5 mu of land is institutional or unit land. 5,058 persons from 1,377 households in total will be directly affected due to land acquisition. The area of residential housing to be demolished is 166,407 square meters, affecting 2,055 persons from 577 households. 24 household enterprises with 9,707 square meters will be demolished, too. Due to remaining land will be adjusted and reassigned to all villagers after the land acquisition, in fact, all 3,004 households of 51 groups will be affected by the land acquisition.
E2. RESETTLEMENT PRINCIPLES AND ENTITLEMENTS
3. The RP was prepared in compliance with the Land Administration Law of the People’s Republic of China (2004) and was also based on local policies regarding land acquisition and resettlement (LAR) in Gansu Province and Zhangye City, and ADB’s Safeguard Policy Statement (June 2009). Based on consultation with the local governments and affected persons (APs) and general practices in the project area, Zhangye Ganzhou District Foreign Loan Management Committee (ZGDFLMC), the implementing agency (IA), has adopted a set of resettlement principles and an entitlement matrix has been prepared for the Project. Compensation for land acquisition, residential housing, and nonresidential buildings (shops and enterprises) will be paid to the APs. For the land acquisition, compensation fees include land compensation, a resettlement subsidy, and a compensation for crops and trees. All house buildings will be paid compensation for housing site land, structure replacement and other relocation allowance, while house attachments built by the households will be compensated for structure replacement cost. The compensation payments will be in cash according to the appraised value of the land and fixed property assets. Compensation for crops, trees, other facilities, and temporary impacts will be paid directly to the APs. Income losses resulting from reduced production and/or sales and wages caused by the Project will be assessed and compensated in cash.
1 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
E3. PUBLIC PARTICIPATION AND GRIEVANCE
4. From December 2010 to July 2011, a series of consultation activities were carried out with the APs, resettlement communities (RCs), institutions and enterprises, and other project stakeholders. The APs have participated in the preparation of the RP through the measurement and socioeconomic surveys, and community meetings. Their concerns and comments have been integrated into the RP. Further consultations will be held during the implementation of the RP. A grievance procedure has been established for the APs to redress their LAR issues, including four channels: (i) RCs or local resettlement offices (ROs), (ii) ROs of subprojects; (iii) ZGDFLMC; and (iv) taking legal action to the people’s court.
E4. RESETTLEMENT AND LIVELIHOOD REHABILITATION
5. To minimize the resettlement impacts to APs and restore their living standards, detailed programs of restoration and relocation have been arranged in the RP. Based on the socioeconomic survey and analysis of the affected households, and local experiences in relocation and resettlement of similar projects, measures for resettlement and income restoration have been prepared. These measures include monetary compensation, land reassignment within the group, unified resettlement housing, provision of economically affordable housing, distribution of living expense subsidy to the APs, employment creation by Zhangye Ganzhou Human Resource and Social Welfare Bureau, skill training for the APs, employment of APs prior to others under the same condition during the construction so that they can gain incomes.
6. About 2,697.6 mu of village collectively-owned land will be compensated in cash based on the type of land loss. After being compensated, the affected groups will reorganize and reassign the remaining land to all villagers within each affected group. 577 households affected by house demolition will be relocated together in new community. About 24 small enterprises/businesses will suffer demolition impacts. They will be compensated for their lost assets, and relocation and transitional allowance will be paid to them. 69 employees will be affected but not suffer from income losses.
E5. INSTITUTIONAL ARRANGEMENT
7. ZGDFLMC will assume the overall responsibility for the implementation of LAR, including the planning, implementation, financing, and reporting of LAR. It will also take the primary responsibility for the resettlement consultation, implementation, and timely delivery of entitlements. To ensure smooth implementation, the staff in charge of LAR will undertake training on resettlement implementation organized by ZGDFLMC. The resettlement implementation schedule has been prepared based on the preparation and construction timetable. The RP will be finalized based on the final design and detailed measurement survey and be submitted to ADB for review and approval prior to award of civil works contracts.
2 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
E6. COST AND SCHEDULE
8. The total budget for LAR of the Component is about CNY249.768 million. It is anticipated that the LAR will start in July 2012 and be completed by the end of May 2016.
E7. MONITORING AND EVALUATION
9. A detailed plan for both the internal and external monitoring and evaluation (M&E) is included in the RP. The Zhangye Project Management Office of Infrastructure Construction and Wetland Reservation (ZPMO) will submit an internal monitoring report semi-annually to ADB. Furthermore, the ZPMO will employ an external resettlement monitoring institute or firm to investigate resettlement implementation and prepare external monitoring reports. The first monitoring report will be submitted in June 2012. After that and until project completion, semi-annual monitoring reports will be prepared and submitted for ADB’s review. After completion of the LAR, annual monitoring reports will be submitted to ADB for two years.
3 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
I. PROJECT OVERVIEW
1.1 INTRODUCTION OF ZHANGYE CITY
10. Zhangye City is located in the middle of Hexi Corridor, Gansu Province. Wuwei and Jinchang cities are on its east, while Jiuquan and Jiayuguan cities are on its west. The south part of Zhangye borders with Qinghai Province and its north part is bordered with Inner Mongolia. Zhangye City consists of Ganzhou District, and five counties of Linze, Gaotai, Shandan, Minle, and Sunan Yugur Minority Autonomous County, with a total area of approximately 42,400 km2 and a total population of approximately 1.3 million in 2010. It has 93 townships or towns and 904 administrative villages.
11. Ganzhou District is located in the middle of Zhangye City, with a total area of 3,692 km2 and a total population of 0.52 million which includes 0.191 million urban residents and 0.329 million rural people. It is the location of Zhangye Municipal Government.
12. In 2010, the total production value of Ganzhou District is CNY9.346 billion, including the contribution of primary industry accounts for 26.4%, secondary industry accounts for 32.1% and tertiary industry accounts for 41.5%. Ganzhou District has 2,007 village groups, 245 village administrative committees, and 19 townships or towns. In 2010, the area of cultivated land in Ganzhou District was 764.1 thousand mu, and the production of crop is 371,711.6 tons and the net income per villager was CNY5,862.
1.2 PROJECT CONTENTS
13. The Project mainly constructs (i) 21 new roads and bridges which has a total length of 46.04 km; (ii) a water supply plant (80,000 tons/day capacity) with pipelines of 5.51 km from a water source to the water supply plant. The 21 new roads will be constructed Xindun Town in the northwest of Zhangye City, which require permanent land acquisition. The new water supply plant will be built in Group 7 of Suijiasi village in the area east to the wall of Xindun Gas Station, west to the west road of Xindun Town Court, north to the provincial 213 Road and south to a cultivated land. The length from south to north is about 100 m and the length from east to west is 180 m. The total area of planning land is 1.7 hectares (25.5mu). The water pipelines will be installed under the existing roads, so there is no additional land acquisition and resettlement.
4 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
5 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Table 1-1: Contents of the Project
No. Road Road Length Width of Red Road Rank Land Area (m) Line (m) (mu) Roads and Bridges Subproject North 3rd Ring 1 2,464.8 60 Main Road 221.8 Road North Linze 2 3,169.7 48 Main Road 228.2 Road 3 Huota Road 2,837.8 48 Main Road 204.3 North 2nd Ring 4 5,955.7 45 Main Road 402.0 Road 5 Zhaowu Road 2,853.8 45 Main Road 192.6 6 Juyan Road 1,799.5 45 Main Road 121.6 7 Xuanhua Road 1,088.6 45 Main Road 73.5 South 3rd Ring 8 3,113.7 45 Main Road 210.3 Road 9 Gaotai Road 1,885.2 40 Minor Road 113.1 10 Yonggu Road 1,094.8 30 Minor Road 49.4 11 Minle Road 3,680.7 30 Minor Road 165.6 12 Xuefu Road 1,841.3 30 Minor Road 83.4 13 Sunan Road 1,365.3 30 Minor Road 61.4 North Xincheng 14 1,172.2 30 Minor Road 92.2 Road,
South Xincheng 1 15 873.7 30 Minor Road 0.0 Road, 16 Liaoquan Road 1,954.6 30 Minor Road 88.1 West Minghai 17 1,100.2 30 Minor Road 111.3 Road East Minghai 18 1,370.2 30 Minor Road 0.02 Road 19 Banqiao Road 1,684.1 30 Minor Road 75.9 20 Yongkang Road 1,770.3 25 Branch 66.4 21 Wulan Road 2,960.7 25 Branch 111.1 Water Supply Subproject Water Supply Plant 80,000 tons/day 25.5 Total 2,697.6
Note: 1. The land required for South Xincheng Road is included into the total land for North Xincheng Road. It means that 92.2 mu cover both South Xincheng Road and North Xincheng Road.
2. The land required for East Minghai Road is included into the total land for West Minghai Road. It means that 111.3 mu cover both East Minghai Road and West Minghai Road.
14. The civil work of the Project plans to start from December 2012 and is expected to be
6 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component completed in June 2016. The LAR will start in July 2012 and end in May 2016.
1.3 AFFECTED REGIONS
15. The Project will permanently acquire a total of 2,697.6 mu, all collectively-owned land, affecting 51 groups of 12 villages in Ganzhou District of Zhangye City. 5,058 farmers from 1,377 households will be affected directly by the land acquisition. No stated-owned land will be acquired. A total structure area of 176,115 square meters (including residential houses of 166,407 square meters, and household enterprise buildings of 9,708 square meters) will be demolished. It will affect 2,055 persons from 577 households (all of them are affected by land acquisition as the same time), and 69 employees of 24 household businesses. In fact, all farmers in the affected 51 groups are affected by the Project because the remaining land in the groups will be organized and reassigned to all farmers after the land acquisition. Therefore, the APs should include 10,845 persons from 3,004 households of 51 groups in 12 villages. The detailed information on land acquisition and house demolition, and affected households and persons is presented in Table 1-2 and Table 1-3.
Table1-2: Summary Land Acquisition, House Demolition and APs
Project Unit Quantity Comment Land Acquisition State-owned Land mu 0 Collectively-owned Land mu 2,697.6 Subtotal mu 2,697.6 House Demolition Residential Housing m2 166,407 Household enterprises m2 9,708 Subtotal m2 176,115 Households and People Affected Affected by Land Acquisition Directly HH 1,377 person 5,058 Affected after Land Reassignment within The affected 51 groups will HH 3,004 51 Groups organize and reassign remaining land to all person 10,845 farmers after the land acquisition. Affected by Residential House All HHs are affected by HH 577 Demolition land acquisition too. person 2,055 Affected by Structure Demolition of HH 24 private businesses employee 69
7 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Table1-3: Breakdown of Land Acquisition, House Demolition and APs
Affected by Residential Affected by Business or Name Affected by Land Acquisition Subtotal Total House Demolition House Demolition emplo mu HH person m2 HH person HH person m2 HH mu m2 HH person yee North 3rd Ring 221.83 159 567 4,826 14 48 159 567 30 1 1 221.83 4,856 160 568 Road North Linze 228.23 110 395 0 0 0 110 395 0 0 0 228.23 0 110 395 Road Huota Road 204.32 76 275 0 0 0 76 275 0 5 0 204.32 0 81 275 North 2nd Ring 402.00 126 454 16,477 46 167 126 454 7,207 0 42 402.00 23,684 126 496 Road Zhaowu Road 192.63 84 295 1,494 4 12 84 295 0 0 0 192.63 1,494 84 295 Juyan Road 121.57 51 179 3,335 9 30 51 179 34 1 1 121.57 3,369 52 180 Xuanhua Road 73.48 33 115 739 2 7 33 115 0 0 0 73.48 739 33 115 South 3rd Ring 210.27 56 197 33,422 90 326 56 197 30 1 1 210.27 33,452 57 198 Road Gaotai Road 113.11 47 167 17,725 54 206 47 167 1,636 4 7 113.11 19,361 51 174 Yonggu Road 49.37 43 168 7,318 27 101 43 168 32 1 1 49.37 7,350 44 169 Minle Road 165.63 148 511 13,792 67 241 148 511 38 1 1 165.63 13,830 149 512 Xuefu Road 83.36 63 243 8,036 33 120 63 243 544 5 10 83.36 8,580 68 253 Sunan Road 61.44 55 221 810 3 10 55 221 0 0 0 61.44 810 55 221 North Xincheng 92.15 67 251 1,632 6 23 67 251 28 1 1 92.15 1,660 68 252 Road South Xincheng Included in North Xincheng Road Road Liaoquan Road 88.06 48 183 9,885 40 132 48 183 35 1 1 88.06 9,920 49 184 West Minghai 111.27 68 271 10,234 40 128 68 271 26 1 1 111.27 10,260 69 272 Road East Minghai Included in West Minghai Road
8 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Affected by Residential Affected by Business or Name Affected by Land Acquisition Subtotal Total House Demolition House Demolition emplo mu HH person m2 HH person HH person m2 HH mu m2 HH person yee Road Banqiao Road 75.88 42 164 14,960 58 198 42 164 30 1 1 75.88 14,990 43 165 Yongkang 66.38 34 135 13,290 52 201 34 135 0 0 0 66.38 13,290 34 135 Road Wulan Road 111.13 56 222 8,432 32 105 56 222 38 1 1 111.13 8,470 57 223 Water Plant 25.50 11 45 0 0 0 11 45 0 0 0 25.50 0 11 45 Total 2,697.61 1,377 5,058166,407 577 2,055 1,377 5,058 9,707.55 24 69 2,697.61 176,115 1,401 5,127
9 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
1.4 MEASURES TO MITIGATE IMPACTS
16. Resettlement has been considered as a key part during the planning and implementing of the Component. With full consideration of construction costs, social impact, environmental impact and other factors, efforts should be made to minimize the impact of the resettlement.
1.4.1 Measures Adopted at the Project Design Stage
17. At the planning and design stage, for the purpose of minimizing the negative impact of project construction on local society and economy, the ZPMO held many joint meetings, with attendance of the consulting units and design institutes, to discuss how to optimize the design program and minimize the negative social and economic impact of the resettlement.
18. At the design stage, the principles concluded for realizing project optimization and minimizing the impact of resettlement are described as below:
¾ First, carry out project optimization and comparative selection, examine closely the impact of project construction on local society and economy in as many aspects as possible, and try to occupy vacant land and minimize the occupation of cultivated land if land occupation is unavoidable. ¾ Second, minimize relocation if it is unavoidable, and regard it as a key indicator for program optimization and comparative selection. Meanwhile, reasonable space is to be reserved for the connection of this Project with other municipal facilities. ¾ Third, give full consideration to the resettlement and try to minimize LAR during the comparative selection among different design programs. 19. In order to minimize APs, the ZPMO has taken different measures to avoid or reduce the influence of resettlement. If the influence cannot be avoided, the ZPMO will help APs recover their working and living conditions by compensation and taking other measures.
20. During the comparison of the different designs of the Project, the finally affected area is shown in Table1-4. Through project optimization, 162.40 mu of land is no longer acquired and 528 persons are no longer affected. The details are shown in Table1-4.
Table 1-4: Changes of Land Acquisition and Resettlement After Design Optimization
Initial Second Final Changes Item Unit Proposal Proposal Proposal Land Acquisition mu 2,860 2,750 2,697.6 -162.4 Households Affected by Land HH 1,470 1,413 1,377 -93 Acquisition Persons Affected person 5,586 5,356 5,058 -528 by Land
Housing 2 m 180,025 178,325 176,115 -3910 Demolition Households HH 600 590 577 -23
10 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Affected by Demolition Persons Affected person 2,340 2,306 2,055 -285 by Demolition Household HH 30 28 24 -6 enterprises
1.4.2 Measures to Be Adopted during LAR
21. In the event that the LAR is unavoidable, in order to mitigate the local impacts of the project construction, the measures to be taken are as follows:
(i) Conduct an in-depth analysis of the local socio-economic status, and prepare a feasible RP to ensure that the displaced persons would not be adversely impacted due to the implementation of the Project. (ii) Encourage the participation and supervision of the public and listen to opinions and advice from the affected population. (iii) Strengthen internal and external monitoring, establish highly efficient feedback mechanism and channels, and minimize the period for processing information to ensure the timely solution of problems occurring in the construction. Notify displaced persons in advance, arrange sites for relocation, compensate the losses of displaced persons, minimize the idling period, and provide jobs for employees of affected enterprises. (iv) During the relocation, get help and support from local governmental authorities to ensure the smooth implementation of resettlement, and to reduce the pressure and loss of displaced persons and institutions.
1.4.3 Measures to Be Adopted during Construction
22. The following measures are to be adopted during the construction to mitigate impact:
(i) Reasonably prepare construction plan and arrange traffic organization design, and minimize the impact of construction on the surrounding environment and traffic order. When excavating, all the factors shall be taken into full consideration. The excavation, laying pipelines and backfilling shall be finished in the shortest time possible. For road crossing road with heavy traffic, the construction shall not be carried out in rush hours (for example the construction is carried out during the night to ensure smooth traffic flow in the day). It is forbidden to destroy existing pipelines. Warning signs, signals and leading marks shall be set up for vehicles and pedestrians. After the completion of the construction, the site shall be cleared and opened to the traffic. (ii) Dredged spoil shall be timely carried out. (iii) In the area within 200 meter away from residences of the civilians, the construction is forbidden from 10 pm to 8 am. (iv) The construction unit shall timely contact with the local environmental sanitation department to clear and clean the wastes in the construction sites.
1.5 PREPARATION AND PROGRESS OF THE PROJECT
23. According to the need of the preparation for resettlement work, a cut-off date for any
11 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component construction in the affected areas of all components was set as May 31, 2011. The PMO noticed the village committees and then the VCs noticed to APs during the survey in May and July 2011. The construction status at the deadline is taken as the reference for resettlement survey. The RP of the Project is prepared according to the inventory of the properties affected by LAR, socioeconomic investigation of the APs, and data of the technical feasibility study report.
1.6 Ownership of the Project
24. The executing agency of the Project is the Ganzhou District Government, while the ZPMO, established in Zhangye Ganzhou District Foreign Loan Management Committee (ZGDFLMC), on behalf of the Ganzhou District Government, is responsible for management of the project implementation. The ZGDFLMC as implementing agency of the Project is responsible for implementation of roads and water supply components.
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II. PROJECT IMPACT ANALYSIS
2.1 DEFINITION OF PROJECT IMPACT
25. A physical survey scope of the project impact is determined according to the project planning scope provided by the design institute. It consists of vehicle roads, non-motorized vehicle lanes, pavement, greenbelts, sidewalks and water plant. Because the Project is still under the optimization design, the design institute may carry out the optimization design accordingly; therefore, the data on LAR in this RP may be further adjusted. The ZGDFLMC will modify and finalize the RP according to the actual impact data. The LAR will start from May 2012. The EIA was approved by Gansu Province EPB on 29 November 2011 and FSR was approved by Gansu Province DRC on 31 December 2011.
26. The Project impact is defined as follows:
(i) Permanent land acquisition: all varieties of cultivated land and uncultivated land to be used permanently within the red line range of the Project. Cultivated land mainly includes dry land, vegetable land and so on; uncultivated land mainly includes waste land, housing site and so on. (ii) Temporary land acquisition: all varieties of land to be used temporarily during construction period, which can be recovered after construction. (iii) Demolished buildings: all buildings within the red line range of the Project, mainly including framework-structure houses, brick-concrete houses, brick-wood houses, simple houses, etc. According to the proprietary rights of the buildings, they may be classified as residential buildings and buildings of enterprises and institutions. According to the purposes of the buildings, they may be classified as private dwelling, houses used by enterprises and institutions, and shops, etc. (iv) Affected attachments to the ground: attachments to the ground within the red line range of the Project (e.g., toilets, storage, simple structures for poultry and livestock, etc.). (v) Affected public facilities: public service facilities within the range of project effect. (vi) Affected households: any household with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (vii) Affected communities: any community with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (viii) Affected enterprises and institutions: any enterprise or institution with land, buildings and attachments to the ground within the red line range of the project or affected directly by the Project. (ix) APs: all members of the affected households and affected enterprises and institutions. (x) Affected labors: labors working in the affected shops, enterprises or institutions or engaging in agricultural production on the land for acquisition.
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(xi) Affected leaseholders: all persons leasing affected buildings for living or business operation based on the contracts. (xii) Vulnerable groups: vulnerable groups are those who are more severely impacted by a project than others due to their poverty, gender, ethnicity, religion, language, lack of ownership or title to land, etc., and social groups amongst the affected households or businesses that are easy to be harmed, lack capability of responding to social changes, and stand in the unfavorable status due to their weak social participation capability, social security, disability, poverty and others, mainly including solitary and widowed elder, female single-parent family, orphan, poor family, handicapped person and patient, and etc. (xiii) Unregistered structures: any structures built in the project area without official approval according to relevant regulatory procedures.
2.2 PROJECT IMPACT SURVEY
27. According to the area of land acquisition determined in the FSR, ZPMO conducted the impact survey which includes the number of APs, houses, land and other facilities among the related counties, towns and villages. The survey is a part of the preliminary design of the Project. If the data of the construction drawing is quite different from the preliminary design prior to award of civil contract , the RP must be updated.
28. In order to analyze the social influence and make a feasible RP, ZPMO conducted the social and economic survey of affected districts, villages, groups and households from May 2011 to July 2011. Social and economic conditions can be known from the statistical data. 160 households from four (4) villages were visited during the households sampling survey. The purpose of social and economic survey is as follows: (i) have a basic knowledge of social and economic conditions and development plan of the affected area. This start with collecting the information and data from local government, the department of statistic and the department of agriculture, which include GDP, gross agricultural product, per capita income, agricultural by-product, different pricing index, agricultural planting mode, area of cultivated land, yield of every mu, conditions of cultivated land and annual statistical report; (ii) clearly know the potential influence of land acquisition and housing demolition according to each village’s annual statistical report and sampling survey on affected households; and (ii) provide partial basic data for the monitoring and evaluation (M&E) of resettlement during the implement of the Project.
29. The resettlement survey is divided into three parts as follows:
(i) Literature survey
(a) Statistics of social economy of Zhangye City and the project area; (b) Local laws and regulations related to LAR of the state, Gansu Province and Zhangye City. (ii) Social and economic background survey
(a) Survey of basic circumstances of the affected families and vulnerable families in the area affected by the Project;
14 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
(b) Public opinions and suggestions; and (c) Survey of basic circumstances of the affected villages’ population, labor force, industrial structure and cultivated land, etc. (iii) Survey of affected objects in LAR
(a) Circumstance of land acquisition: location, category and area; (b) Demolished buildings and other attachments to the land: location, category, quantity and property rights; (c) Category and quantity of various public facilities; and (d) Basic circumstances and affected situation of household enterprises. 30. Based on the survey and consultation with the village committees, representatives of affected households, and local relevant government departments, May 31, 2011 is set as cut-off date of existing physical status in affected areas. Village committees announced the potential project construction and affected area to villagers, and told them relevant regulations. Any addition of new structures will not be counted into compensation.
2.3 PROJECT IMPACTS
31. The land acquisition will affect 51 groups of 12 villages in Xindun Town, Ganzhou District. The area of house structure to be demolished is 176,115 square meters. Among this, the area of rural villagers’ houses demolished is 166,407 square meters, affecting 2,055 persons from 577 households, while the area of household enterprise buildings demolished is 9,708 square meters, affecting 24 households, 69 employees. The area of acquired land is 2,697.6 mu (2,231.36 mu are cultivated land, 386.8 mu are housing site land, 79.5 mu are institutional lands and there is no state-owned land). 5,013 persons from 1,366 households are affected by land acquisition. 51 groups in 12 villages have 10,845 persons from 3,004 households in total, who are all APs, because land will be readjusted and reassigned within all groups after the land acquisition. It is estimated that 60 mu of temporary land will be used during the construction.
2.4 IMPACTS OF LAND ACQUISITION
2.4.1 Land Acquisition
32. According to the impact survey and statistical results, the total area of land to be acquired for the Project is 2,697.6 mu, which includes 2,231.36 mu of cultivated land, 386.8 mu of housing sites, and 79.5 mu of institutions or agencies. The detailed information is shown in Table 2-1.
Table 2-1: Land Acquisition by the Component Unit: mu
State-owned No. Road Rural Land Land Housing Instituti Cultivated Site on Subtotal Total Land Land Land
15 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
State-owned No. Road Rural Land Land Housing Instituti Cultivated Site on Subtotal Total Land Land Land North Third Ring 1 0 210.1 11.64 0.1 221.8 221.8 Road 2 North Linze Road 0 192.0 36.23 228.2 228.2 3 Huota Road 0 196.1 8.23 204.3 204.3 North Second Ring 4 0 321.0 59.67 21.33 402.0 402.0 Road 5 Zhaowu Road 0 189.5 3.10 192.6 192.6 6 Juyan Road 0 115.0 6.47 0.1 121.6 121.6 7 Xuanhua Road 0 72.4 1.05 73.5 73.5 South Third Ring 8 0 129.2 80.96 0.1 210.3 210.3 Road 9 Gaotai Road 0 65.4 41.68 6 113.1 113.1 10 Yonggu Road 0 29.3 20.02 0.1 49.4 49.4 11 Minle Road 0 133.9 25.46 6.27 165.6 165.6 12 Xuefu Road 0 63.1 19.80 0.5 83.4 83.4 13 Sunan Road 0 59.6 1.80 61.4 61.4 North Xincheng 14 0 88.1 4.00 0.1 92.2 92.2 Road South Xincheng 15 0 0.0 0.0 Road 16 Liaoquan Road 0 68.0 20.00 0.1 88.1 88.1 17 West Minghai Road 0 90.2 21.00 0.1 111.3 111.3 18 East Minghai Road 0 0.0 0.0 19 Banqiao Road 0 47.2 28.60 0.1 75.9 75.9 20 Yongkang Road 0 40.1 26.24 66.4 66.4 21 Wulan Road 0 95.7 15.30 0.1 111.1 111.1 The Third Water 22 0 25.5 0.00 0 25.5 25.5 Plant Total 0 2,231.36 386.79 79.46 2,697.6 2,697.6
33. Land acquisition will affect 51 groups of 12 villages, as shown in Table 2-2.
34. 2,697.6 mu of cultivated land are acquired for the Project, which directly affects 5,058 persons from 1,377 households. The households have cultivated land 7,394.71 mu of land in total, therefore, the land acquisition ratio is 30.2%. The basic conditions of affected households are shown in Table 2-3. The total area of cultivated land of all households in 51 groups is 14,745 mu. There are total 10,845 persons from 3,004 households in 51 groups, whose per capita income is CNY 5,760. These households are all affected households because the remaining land will be readjusted and reassigned after the land acquisition. The
16 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component details are shown in Table 2-4.
17 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Component
Table 2-2: Groups and Villages Affected by Land Acquisition
No. Component Name No. of Village Name of Villages No. of Groups 1 North Third Ring Road 3 Beiguan, Liuquan, Baita 9 2 Linze North Road 3 Qingsong, Nanhua, Xiguan 4 3 Huota Road 1 Qingsong 6 Xiguan, Nanhua, Baita, Beiguan, Zhangye Chemical Industry 4 North Second Ring Road 4 7 Company and chemical fertilizer plant and so on. 5 Zhaowu Road 2 Xiguan, Nanhua 7 6 Juyan Road 2 Beiguan, Liuguan 3 7 Xuanhua Road 2 Nanazha, Huaer 3 8 South Third Ring Road 5 Chengerzha, Huaer, Bayi 11 9 Gaotai Road 2 Qingsong, Nanhua 4 10 Yonggu Road 2 Qingsong, Huaer 3 11 Minle Road 3 Qingsong, Xiguan, Nanzha 8 12 Xuefu Road 3 Liuquan, Beiguan, Baita 4 13 Sunan Road 1 Nanhua 4 14 North Xincheng Road 3 Nanhua, Xiguan, Qingsong 5 15 South Xincheng Road Included in North Xincheng Road 16 Liaoquan Road 2 Qingsong, Xiguan 4 17 West Minghai Road 2 Nanhua, Xiguan 6 18 East Minghai Road Included in West Minghai Road 19 Banqiao Road 1 Beiguan 3 20 Yongkang Road 1 Liuquan 3 21 Wulan Road 2 Nanhua, Xiguan 2 22 The Third Water Plant 2 Chengerzha, Suijiasi 2
18 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-3: Basic Conditions of Directly Affected Households
Total Cultivated Land Total Total Agricultural Village Groups Households Male Female Cultivated Land Acquisition Population Laborers Laborers Land Acquisition Ratio Group No. HH person person person person person mu mu % Beiguan 1 35 132 70 62 64 56 103.35 47.73 46.2 2 14 49 28 21 29 19 34.6 33.48 96.8 3 15 58 34 24 29 21 54.73 15.65 28.6 4 28 104 58 46 59 38 77.2 50.2 65.0 5 12 45 22 23 26 20 31.2 10.68 34.2 6 3 12 7 5 9 6 16 4.42 27.6 7 55 200 115 85 127 75 226.3 63.33 28.0 Xiguan 1 4 14 8 6 8 5 28 11.5 41.1 3 14 54 30 24 28 20 44.49 9.78 22.0 5 39 146 77 69 80 54 114.22 65.93 57.7 6 47 166 92 74 109 75 214.7 77.12 35.9 7 62 226 126 100 149 106 245.80 129.40 52.6 8 54 216 116 100 113 105 308.63 74.71 24.2 9 30 120 64 56 62 57 151.44 20.97 13.8 Nanzha 1 4 13 8 5 7 5 23.00 10.05 43.7 2 4 12 7 5 7 5 36.57 9.81 26.8 3 2 7 4 3 4 3 14.90 3.45 23.2 4 17 65 38 27 32 29 95.72 15.40 16.1 8 3 11 6 5 7 5 20.00 8.92 44.6 9 9 31 17 14 20 14 56.60 21.20 37.5
19 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Total Cultivated Land Total Total Agricultural Village Groups Households Male Female Cultivated Land Acquisition Population Laborers Laborers Land Acquisition Ratio Group No. HH person person person person person mu mu % Nanhua 5 5 18 10 8 12 7 31.55 12.90 40.9 6 27 104 60 46 60 48 184.07 46.24 25.1 7 112 432 237 194 225 191 595.40 181.80 30.5 8 59 222 126 96 138 95 514.49 157.32 30.6 9 70 268 146 122 127 93 645.75 89.60 13.9 10 41 153 83 70 96 64 312.60 89.06 28.5 11 40 142 78 64 86 52 240.50 68.88 28.6 Qingsong 1 9 33 18 15 21 14 67.50 19.23 28.5 2 34 122 69 53 65 53 191.03 68.81 36.0 3 16 60 34 26 32 21 101.80 29.48 29.0 4 85 295 168 127 188 138 427.00 124.87 29.2 5 31 107 56 52 54 47 210.64 24.71 11.7 6 56 170 89 81 105 77 226.25 70.66 31.2 7 11 39 21 18 24 15 66.30 28.65 43.2 8 15 56 32 24 33 22 120.90 33.48 27.7 Liuquan 1 27 97 54 43 62 45 102.00 34.79 34.1 2 38 151 83 68 83 68 182.80 50.15 27.4 3 68 244 136 108 156 104 242.38 105.36 43.5 5 4 16 9 7 11 7 26.74 11.10 41.5 6 31 109 61 48 78 51 220.60 40.87 18.5 Baita 5 30 107 59 48 73 44 134.00 43.38 32.4 6 22 80 45 35 51 29 84.98 33.18 39.0
20 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Total Cultivated Land Total Total Agricultural Village Groups Households Male Female Cultivated Land Acquisition Population Laborers Laborers Land Acquisition Ratio Group No. HH person person person person person mu mu % Xindun 6 19 76 41 35 41 32 132.05 22.15 16.8 Chengerzha 1 19 67 36 31 41 29 96.75 42.00 43.4 2 14 49 28 21 27 17 88.80 30.30 34.1 5 13 46 25 21 27 18 64.00 32.20 50.3 7 8 34 18 16 21 15 55.56 20.30 36.5 Huaer 3 9 34 19 15 17 15 55.85 6.35 11.4 5 7 23 13 10 12 8 31.77 14.71 46.3 Bayi 7 3 12 7 5 7 4 32.60 10.00 30.7 Suijiasi 7 3 11 6 5 7 4 10.60 5.10 48.1 Total 1377 5058 2794 2266 2949 2145 7394.71 2231.36 30.2
Table 2-4: The Overall Cultivated Land and Per Capita Income of Each Village
Total Total Agricultural Cultivated Households Male Female Per Capita Income Population Laborers Laborers Land Village group HH person person person person person mu CNY Beiguan 1 85 310 158 152 196 96 251 6,540 2 97 339 174 165 243 107 210 5,786 3 64 232 119 113 160 62 234 5,743 4 53 208 106 102 145 67 146 5,812 5 53 215 110 105 145 68 208 5,803 6 42 146 75 71 105 48 137 5,689 7 79 300 154 146 205 80 257 5,721
21 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Total Total Agricultural Cultivated Households Male Female Per Capita Income Population Laborers Laborers Land Village group HH person person person person person mu CNY Xiguan 1 78 221 113 108 195 86 211 5,813 3 73 314 161 153 181 88 232 5,780 5 70 231 118 113 175 71 205 5,818 6 57 195 100 95 143 63 298 5,856 7 65 216 111 105 163 67 299 5,813 8 56 228 116 112 140 85 320 5,700 9 64 230 117 113 139 89 323 5,690 Nanzha 1 32 123 63 60 80 48 184 5,680 2 28 109 55 54 57 35 256 5,730 3 32 125 64 61 80 46 239 5,700 4 46 163 83 80 107 63 259 5,710 8 36 113 57 56 90 55 240 5,710 9 34 107 55 52 85 47 214 5,660 Nanhua 5 68 231 118 113 80 64 366 5,755 6 60 214 109 105 57 60 409 5,781 7 55 158 81 77 80 61 328 5,722 8 43 144 74 70 107 49 375 5,781 9 62 226 116 110 90 103 568 5,780 10 41 148 76 72 85 56 369 5,723 11 70 201 103 98 168 87 421 5,774 Qingsong 1 67 240 123 117 168 71 391 5,781 2 73 231 118 113 160 70 372 5,744 3 57 252 129 123 154 60 323 5,813
22 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Total Total Agricultural Cultivated Households Male Female Per Capita Income Population Laborers Laborers Land Village group HH person person person person person mu CNY 4 61 222 114 108 153 65 347 5,687 5 39 184 94 90 93 60 265 5,680 6 80 272 140 132 200 74 324 5,711 7 58 223 114 109 145 57 265 5,724 8 33 195 100 95 130 98 242 5,660 Liuquan 1 77 271 138 133 192 78 298 5,812 2 88 352 180 172 239 103 424 5,798 3 102 399 204 195 255 110 418 5,687 5 74 226 116 110 185 74 363 5,734 6 64 247 127 120 160 67 409 5,725 Baita 5 57 215 110 105 142 63 208 5,822 6 115 413 212 201 286 127 280 5,793 Xindun 6 40 134 69 65 107 69 278 5,740 Chengerzha 1 54 187 96 91 135 86 275 5,700 2 55 189 97 92 135 92 349 5,750 5 54 189 97 92 135 85 226 5,720 7 40 153 78 75 109 76 250 5,650 Huaer 3 52 134 68 66 107 69 278 5,750 5 39 119 61 58 97 57 177 5,670 Bayi 7 47 224 114 110 150 88 307 5,710 Suijiasi 7 35 127 64 63 86 54 117 5,680 Total 3,004 10,845 5,549 5,296 7,224 3,704 14,745
23 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
35. The affected collectively-owned land has an impact on 10,845 persons from 3,004 households and the average land loss within the 51 groups is 15.1%. Among them, 1,259 households or 41.9% have the ratio less than 10%; and 1,459 households or 48.6% will have their land loss between 10 and 30%; 231 households or 7.7% have their land loss between 30 and 50%; and 55 households will have their land loss between 50 and 70%. Before land acquisition, every household has 4.91 mu of cultivated land in average, and per capita cultivated land is 1.36 mu. After land acquisition, every household has 4.17 mu of cultivated land, and per capita cultivated land is 1.15 mu. The change of cultivated land before and after the land acquisition can be seen in Table 2-5. Ratio distribution is shown in Table 2-6.
24 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-5: Cultivated Lands Before and After Land Acquisition
Households Population Ratio Distribution Total Cultivated Land Village Groups Cultivated Land Acquisition <10% 10%-30% 30%-50% 50%-70% Subtotal Land Acquisition Ratio group mu mu % HH person HH HH HH HH HH Beiguan 1 251 47.73 19.0 85 310 85 85 2 210 33.48 15.9 97 339 97 97 3 234 15.65 6.7 64 232 64 64 4 146 50.20 34.4 53 208 53 53 5 208 10.68 5.1 53 215 53 53 6 137 4.42 3.2 42 146 42 42 7 257 63.33 24.6 79 300 79 79 Xiguan 1 211 11.50 5.5 78 221 78 78 3 232 9.78 4.2 73 314 73 73 5 205 65.93 32.2 70 231 70 70 6 298 77.12 25.9 57 195 57 57 7 299 129.40 43.3 65 216 65 65 8 320 74.71 23.3 56 228 56 56 9 323 20.97 6.5 64 230 64 64 Nanzha 1 184 10.05 5.5 32 123 32 32 2 256 9.81 3.8 28 109 28 28 3 239 3.45 1.4 32 125 32 32 4 259 15.40 5.9 46 163 46 46 8 240 8.92 3.7 36 113 36 36
25 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Households Population Ratio Distribution Total Cultivated Land Village Groups Cultivated Land Acquisition <10% 10%-30% 30%-50% 50%-70% Subtotal Land Acquisition Ratio group mu mu % HH person HH HH HH HH HH 9 214 21.20 9.9 34 107 34 34 Nanhua 5 366 12.90 3.5 68 231 68 68 6 409 46.24 11.3 60 214 60 60 7 328 181.80 55.4 55 158 55 55 8 375 157.32 42.0 43 144 43 43 9 568 89.60 15.8 62 226 62 62 10 369 89.06 24.1 41 148 41 41 11 421 68.88 16.4 70 201 70 70 Qingsong 1 391 19.23 4.9 67 240 67 67 2 372 68.81 18.5 73 231 73 73 3 323 29.48 9.1 57 252 57 57 4 347 124.87 36.0 61 222 61 61 5 265 24.71 9.3 39 184 39 39 6 324 70.66 21.8 80 272 80 80 7 265 28.65 10.8 58 223 58 58 8 242 33.48 13.8 33 195 33 33 Liuquan 1 298 34.79 11.7 77 271 77 77 2 424 50.15 11.8 88 352 88 88 3 418 105.36 25.2 102 399 102 102 5 363 11.10 3.1 74 226 74 74 6 409 40.87 10.0 64 247 64 64
26 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Households Population Ratio Distribution Total Cultivated Land Village Groups Cultivated Land Acquisition <10% 10%-30% 30%-50% 50%-70% Subtotal Land Acquisition Ratio group mu mu % HH person HH HH HH HH HH Baita 5 208 43.38 20.9 57 215 57 57 6 280 33.18 11.9 115 413 115 115 Xindun 6 278 22.15 8.0 40 134 40 40 Chengerzha 1 275 42.00 15.3 54 187 54 54 2 349 30.30 8.7 55 189 55 55 5 226 32.20 14.2 54 189 54 54 7 250 20.30 8.1 40 153 40 40 Huaer 3 278 6.35 2.3 52 134 52 52 5 177 14.71 8.3 39 119 39 39 Bayi 7 307 10.00 3.3 47 224 47 47 Suijiasi 7 117 5.10 4.4 35 127 35 35 Total 14,745 2,231.36 15.1 3,004 10,845 1,259 1,459 231 55 3,004
27 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-6: Distribution of Impacts of Land Acquisition on Households
<10% 10%-30% 30%-50% 50%-70% Subtotal No. of Groups 25 21 4 1 51 - Percentage 49.0% 41.2% 7.8% 2.0% 100.0% Households 1,259 1,459 231 55 3,004 - Percentage 41.9% 48.6% 7.7% 1.8% 100.0% Persons 4,558 5,330 799 158 10,845 - Percentage 42.0% 49.1% 7.4% 1.5% 100.0%
36. According to the impacts of land acquisition on households, the changes of cultivated land are shown in Table 2-7 to Table 2-10. For 1,259 households who have their land loss less than 10%, their cultivated land is 6,610 mu and every household has 5.3 mu of cultivated land before land acquisition. The remaining cultivated land is 6,220.92 mu and every household has 4.94 mu of cultivated land after the land acquisition.
37. For 1,459 households who have their land loss between 10 and 30%, their cultivated land is 6,782 mu and every household has 4.6 mu of cultivated land before land acquisition. The remaining cultivated land is 5,524.32 mu and every household has 3.79 mu of cultivated land after the land acquisition.
38. For 231 households who have their land loss between 30 and 50%, their cultivated land is 1,025 mu and every household has 4.44 mu of cultivated land before land acquisition. The remaining cultivated land is 622 mu and every household has 2.69 mu of cultivated land after the land acquisition.
39. For 55 households who have their land loss between 50 and 70%, their cultivated land is 328 mu and every household has 5.96 mu of cultivated land before land acquisition. The remaining cultivated land is 146.20 mu and every household has 2.66 mu of cultivated land after the land acquisition.
28 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-7: Cultivated Lands Before and After Land Acquisition of Households Whose Lands Are Acquired Less Than 10%
Before Affected Affected Before Land After Land Before Land After Land After Land Village Groups Land Households Persons Acquisition Acquisition Acquisition Acquisition Acquisition Acquisition group HH person mu mu mu/HH mu/HH mu/person mu/person Beiguan 3 64 232 234 224.35 3.7 3.51 1.0 1.0 5 53 215 208 197.32 3.9 3.72 1.0 0.9 6 42 146 137 132.58 3.3 3.16 0.9 0.9 Xiguan 1 78 221 211 199.5 2.7 2.56 1.0 0.9 3 73 314 232 223.62 3.2 3.06 0.7 0.7 9 64 230 323 302.03 5.0 4.72 1.4 1.3 Nanzha 1 32 123 184 173.95 5.8 5.44 1.5 1.4 2 28 109 256 246.19 9.1 8.79 2.3 2.3 3 32 125 239 235.55 7.5 7.36 1.9 1.9 4 46 163 259 243.6 5.6 5.30 1.6 1.5 8 36 113 240 231.08 6.7 6.42 2.1 2.0 9 34 107 214 192.8 6.3 5.67 2.0 1.8 Nanhua 5 68 231 366 353.1 5.4 5.19 1.6 1.5 Qingsong 1 67 240 391 371.77 5.8 5.55 1.6 1.5 3 57 252 323 293.52 5.7 5.15 1.3 1.2 5 39 184 265 240.29 6.8 6.16 1.4 1.3 Liuquan 5 74 226 363 351.9 4.9 4.76 1.6 1.6 6 64 247 409 380.6 6.4 5.95 1.7 1.5 Xindun 6 40 134 278 255.85 7.0 6.40 2.1 1.9 Chengerzha 2 55 189 349 318.7 6.3 5.79 1.8 1.7 7 40 153 250 229.7 6.3 5.74 1.6 1.5
29 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Before Affected Affected Before Land After Land Before Land After Land After Land Village Groups Land Households Persons Acquisition Acquisition Acquisition Acquisition Acquisition Acquisition group HH person mu mu mu/HH mu/HH mu/person mu/person Huaer 3 52 134 278 271.65 5.3 5.22 2.1 2.0 5 39 119 177 162.29 4.5 4.16 1.5 1.4 Bayi 7 47 224 307 297 6.5 6.32 1.4 1.3 Suijiasi 7 35 127 117 111.8 3.3 3.19 0.9 0.9 Total 1,259 4,558 6,610 6,220.92 5.3 4.94 1.5 1.4
Table 2-8: Cultivated Lands Before and After Land Acquisition of Households Whose Lands Are Acquired Between 10% and 30%
Affected Affected Before Land After Land Before Land After Land Before Land After Land Village Groups Households Persons Acquisition Acquisition Acquisition Acquisition Acquisition Acquisition group HH person mu mu mu/HH mu/HH mu/person mu/person Beiguan 1 85 310 251 203.27 3.0 2.39 0.8 0.7 2 97 339 210 176.52 2.2 1.82 0.6 0.5 7 79 300 257 193.67 3.3 2.45 0.9 0.6 Xiguan 6 57 195 298 220.88 5.2 3.88 1.5 1.1 8 56 228 320 245.29 5.7 4.38 1.4 1.1 Nanhua 6 60 214 409 362.76 6.8 6.05 1.9 1.7 9 62 226 568 478.4 9.2 7.72 2.5 2.1 10 41 148 369 279.94 9.0 6.83 2.5 1.9 11 70 201 421 352.12 6.0 5.03 2.1 1.8 Qingsong 2 73 231 372 303.19 5.1 4.15 1.6 1.3 4 61 222 347 222.13 5.7 3.64 1.6 1.0
30 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Affected Affected Before Land After Land Before Land After Land Before Land After Land Village Groups Households Persons Acquisition Acquisition Acquisition Acquisition Acquisition Acquisition group HH person mu mu mu/HH mu/HH mu/person mu/person 6 80 272 324 253.34 4.1 3.17 1.2 0.9 7 58 223 265 236.35 4.6 4.08 1.2 1.1 8 33 195 242 208.52 7.3 6.32 1.2 1.1 Liuquan 1 77 271 298 263.21 3.9 3.42 1.1 1.0 2 88 352 424 373.85 4.8 4.25 1.2 1.1 3 102 399 418 312.64 4.1 3.07 1.0 0.8 Baita 5 57 215 208 164.62 3.6 2.89 1.0 0.8 6 115 413 280 246.82 2.4 2.15 0.7 0.6 Chengerzha 1 54 187 275 233 5.1 4.31 1.5 1.2 5 54 189 226 193.8 4.2 3.59 1.2 1.0 Total 1,459 5,330 6782 5,524.32 4.6 3.79 1.3 1.0
31 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-9: Cultivated Lands Before and After Land Acquisition of Households Whose Lands Are Acquired Between 30% and 50%
Affected Affected Before land After land Before land After land Before land After land Village Groups households persons acquisition acquisition acquisition acquisition acquisition acquisition group HH person mu mu mu/HH mu/HH mu/person mu/person Beiguan 4 53 208 146.00 95.80 2.75 1.81 0.70 0.46 Xinguan 5 70 231 205.00 139.07 2.93 1.99 0.89 0.60 7 65 216 299.00 169.60 4.60 2.61 1.38 0.79 Nanhua 8 43 144 375.00 217.68 8.72 5.06 2.60 1.51 Total 231 799 1,025 622 4.44 2.69 1.28 0.78
Table 2-10: Cultivated Lands Before and After Land Acquisition of Households Whose Lands Are Acquired Between 50% and 70%
Affected Affected Before Land After Land Before Land After Land Before Land After Land Village Groups Households Persons Acquisition Acquisition Acquisition Acquisition Acquisition Acquisition group HH person mu mu mu/HH mu/HH mu/person mu/person Nanhua 7 55 158.00 328.00 146.20 5.96 2.66 2.08 0.93 Total 55 158.00 328.00 146.20 5.96 2.66 2.08 0.93
32 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
40. 48.7% of affected adults (whose age is 18 and above) are engaging in agricultural work, 39.9% work as self-employed workers or temporary workers so than they have stable incomes, and 12% have other occupations. APs’ age, education and occupation are shown in Table 2-11.
Table 2-11: Age, Education and Occupation of APs
Characteristic Value Proportion Item Indicator (person) (%) 0-17 3,058 28.2 18-35 2,777 25.6 Age Composition 35-60 3,790 34.9 Over 60 1,220 11.2 Total 10,845 100.0 Illiteracy 89 1.1 Primary School 2,246 28.8 Education Junior Middle School 5,379 69.1
College 73 0.9 Total 7,787 100.0 Mainly Agricultural 3,698 51.2 Work Non-agricultural Work 717 9.9 Urban Factory or 358 5.0 Enterprise Occupation Working Outside 659 9.1 Construction 918 12.7 Other 874 12.1 Total 7,224 100.0
2.4.2 Temporary Land Occupation
41. The Component will occupy 60 mu of temporary land. The sites and the ownership of the land to be occupied will be determined when the project construction is commenced. Taking cost into consideration, the waste land will be selected as the temporary land for the Project.
2.5 AFFECTED BUILDINGS
2.5.1 Affected Residential Buildings
42. According to the survey, the total area of residential housing to be demolished for the Project is 166,407 square meters, affecting 2,055 persons from 577 households of rural residents. Table 2-12 presents the details of the buildings to be demolished. The residents affected by demolition are from 577 households, accounting for 19.2% of the households in the 51 village groups.
33 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
34 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-12: Affected Residential Buildings
Brick- Brick- Brick- Simple Temporary Village Groups Households Population earth Total concrete wood structures buildings -wood HH person m2 m2 m2 m2 m2 m2 Beiguan 1 20 75 0 216 4,960 80 0 5,256 2 4 13 0 82 1,277 22 0 1,381 3 13 45 0 100 2,960 80 0 3,140 4 20 71 0 125 5,839 164 0 6,128 5 43 144 0 450 9,740 240 0 10,430 Xiguan 6 26 82 0 120 6,275 95 0 6,490 7 10 34 0 0 2,645 75 0 2,720 8 49 177 0 312 9,990 635 35 10,972 9 14 47 0 110 1,660 470 10 2,250 Nanzha 4 4 17 0 0 630 40 0 670 8 2 7 0 0 710 29 0 739 Nanhua 6 3 10 0 0 795 15 0 810 7 35 118 0 683.5 8,841 496 0 10,021 8 8 33 0 234 2,504 145 0 2,883 9 60 219 0 1,829 16,622 674 19 19,144 10 10 35 0 217 2,755 82 0 3,054 Qingsong 2 40 132 0 245 9,390 150 0 9,785 3 27 101 0 188 6,940 140 0 7,268 Liuquan 1 30 113 0 0 7,320 75 5 7,400 2 16 66 0 0 4,185 80 5 4,270 3 6 22 0 120 1,455 40 5 1,620 Baita 5 14 48 0 697 3,953 176 0 4,826 6 33 120 0 1,926 10,014 3545 0 12,295 Chengerz 1 24 740 1,042 7,461 426 40 8,969 ha 2 22 79 0 1,123 6,426 396 24 7,969 5 22 85 0 1,235 6,311 427 20 7,993 Huaer 5 10 43 0 585 2,842 240 0 3,667 Bayi 7 12 45 0 645.0 3,334 263 15 4,257 Total 28 577 2,055 0 12,285 147,834 6,110 178 166,407
35 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-13: Analysis of Residential Buildings to Be Demolished
Area of Total Affected Affected Households Buildings Proportion Population Households Population Demolished Village Group HH person m2 HH person ％ Beiguan 1 85 310 5,256 20 75 23.5 2 97 339 1,381 4 13 4.1 3 64 232 3,140 13 45 20.3 4 53 208 6,128 20 71 37.7 5 53 215 10,430 43 144 81.1 Xiguan 6 57 195 6,490 26 82 45.6 7 65 216 2,720 10 34 15.4 8 56 228 10,972 49 177 87.5 9 64 230 2,250 14 47 21.9 Nanzha 4 46 163 670 4 17 8.7 8 36 113 739 2 7 5.6 Nanhua 6 60 214 810 3 10 5.0 7 55 158 10,021 35 118 63.6 8 43 144 2,883 8 33 18.6 9 62 226 19,144 60 219 96.8 10 41 148 3,054 10 35 24.4 Qingsong 2 73 231 9,785 40 132 54.8 3 57 252 7,268 27 101 47.4 Liuquan 1 77 271 7,400 30 113 39.0 2 88 352 4,270 16 66 18.2 3 102 399 1,620 6 22 5.9 Baita 5 57 215 4,826 14 48 24.6 6 115 413 12,295 33 120 28.7 Chengerzha 1 54 187 8,969 24 74 44.4 2 55 189 7,969 22 79 40.0 5 54 189 7,993 22 85 40.7 Huaer 5 39 119 3,667 10 43 25.6 Bayi 7 47 224 4,257 12 45 25.5 Total 2,929 10,565 166,407 577 2,055 19.7
2.5.2 Affected Buildings of Enterprises and Institutions
43. The Project will affect 24 household enterprises and 69 employees. The total building area to be affected is 9,708 square meters, and land area is 16,803 square meters. Table 2-14 presents the details of the affected household enterprises or small businesses.
36 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 2-14: Affected Small Enterprises or Businesses and Institutions
Housing Area Property Land Full-time Part-time Operating Annual Name Male Female Subtotal Total Salary Owner Area Worker Worker Situation Income Brick-con Brick- Total crete wood area CNY / Road m2 m2 m2 m2 person person person person person person CNY month North Third Small Shop Private 36 30 30 1 1 1 1 Operating 16,000 700 Ring Road North Second Small Shop Private 25 20 20 1 1 1 1 Operating 18,000 800 Ring Road Restaurant Private 46 40 40 1 2 3 1 2 3 Operating 40,000 1,200 Department Private 38 33 33 1 1 1 1 Operating 20,000 700 Store Chemical Fertilizer State 11559 1254 80 1334 10 4 14 10 4 14 Shut down Plant Younong Chemical State 2668 5433 347 5780 15 8 23 10 13 23 Shut down Plant Yanju Small Shop Private 36 34 34 1 1 1 1 Operating 15,000 600 Marketing Department Private 32 30 30 1 1 1 1 Operating 16,000 650 South Third of Tabacco Ring Road and Alcohol Gaotai Small Shop Private 40 36 36 1 1 1 1 Operating 18,000 700 Flour Processing Private 685 680 680 1 1 1 1 Operating 50,000 15,000 Plant Nanhua
Village 870 860 860 2 1 3 1 2 3 Committee Collective Village 62 60 60 1 1 2 1 1 2 Operating 30,000 1500
37 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Housing Area Property Land Full-time Part-time Operating Annual Name Male Female Subtotal Total Salary Owner Area Worker Worker Situation Income Brick-con Brick- Total crete wood area CNY / Road m2 m2 m2 m2 person person person person person person CNY month Health Collective Center Yonggu Small Shop Private 35 32 32 1 1 1 1 Operating 16,000 700 Department Private 40 38 38 1 1 1 1 Operating 14,000 600 Minle Store Xuefu Small Shop Private 38 35 35 1 1 1 1 Operating 12,000 500 Shop Private 36 34 34 1 1 1 1 Operating 17,000 700 Barbershop Private 34 33 33 1 1 1 1 Operating 36,000 1,800 Supermarket Private 85 82 82 2 2 1 1 2 Operating 68,000 1,300 Beiguan
Village 266 360 360 3 2 5 3 2 5 Collective Committee Xincheng Small Shop Private 32 28 28 1 1 1 1 Operating 15,000 600 North Marketing Private 38 35 35 1 1 1 1 Operating 13,000 500 Liaoquan Department Minghai Small Shop Private 30 26 26 1 1 1 1 Operating 13,000 500 West Banqiao Small Shop Private 32 30 30 1 1 1 1 Operating 14,000 600 Marketing Private 40 38 38 1 1 1 1 Operating 12,000 400 Wulan Department Total 16,803 6,687 3,021 9,708 34 35 69 44 25 69 0
38 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
2.5.3 Affected Temporary Buildings
44. There are 1,558.12 square meters of temporary buildings. In the affected area there are no households whose buildings are all temporary buildings. These are simple structures/attachments which are unregistered and includes storages, toilets, etc. and not residential house.
2.5.4 Affected Attachments on the Buildings
45. The attachments affected by the Project include 3,956 square meters of heating brick beds, 21,842 square meters of cement floor, 5,925 meters of cable, 8,110 meters of fence, 519 poles and 54,310 trees. The details are presented in Table 2-15.
Table 2-15: Affected Attachments
Item Unit Quantity Heating Brick Bed m2 3,956 Water Cellar set 534 Gate set 1,075 Soil Cellar set 217 Greenhouse m2 5,288 Cement floor m2 21,842 Chimney 1,875 Telephone HH 577 TV HH 577 Wideband HH 160 Wire km 16.81 Telephone Wire km 20.24 Cable m 5,925 Fence m 8,110 Trees (non-fruit bearing) 54,310 Pole 519
2.6 Affected Vulnerable Groups
2.6.1 Identification of Affected Vulnerable Groups
46. Vulnerable groups refer to persons who are easy to be hurt and difficult to adapt to the changes brought by the project construction. Vulnerable groups are mainly divided as follows:
(i) Lonely elder: the single elder who is over 65 years old and without a person fulfilling the statutory duty of maintenance. (ii) Single-parent family: the head of the family is single and has underage child.
39 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
(iii) Orphan: the children without parents and younger than 16 years old. (iv) Poor family: the urban families under the minimum living guarantee line (MLGL), and rural poor households that have been specially determined. (v) The disabled: the persons, in psychology, physiology or body constitution, having some tissue or function lost or off-normal, or the ability of participating in some activity in the normal way lost totally or partially (subject to holding the Disabled Person Certificate of the People’s Republic of China). And (vi) Other families having special difficulties. 47. The determination of vulnerable groups is carried out in accordance with relevant policies and regulations, and results of the field survey. In the implementation process, the RO will confirm it through door-to-door interviews, neighboring interviews and proving of community resident committee.
48. After the investigation and confirmation, it is found that no ethnic minority families will be affected by the Project.
2.6.2 Affected Families of Vulnerable Groups
49. According to the socio-economic survey, there are 28 vulnerable families to be affected by the Project, including 12 households whose land is acquired and 16 households whose houses are demolished. The 28 vulnerable families account for 0.95% of total affected families. The details are presented in Table 2-16.
Table 2-16: Affected Vulnerable Families
Affected by Land Affected by Demolition Type Total Acquisition Only Only Beiguan 2 4 6 Baita 3 3 Xiguan 1 4 5 Nanhua 2 2 Qingsong 2 2 4 Liuguan 3 3 6 Huaer 2 2 Total 12 16 28
40 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
III. ANALYSIS ON SOCIO-ECONOMIC CONDITIONS
3.1 GENERAL INTRODUCTION OF SOCIO-ECONOMIC DEVELOPMENT OF THE AFFECTED REGIONS
3.1.1 Zhangye City
50. Zhangye, located in the central of Gansu Corridor, Gansu Province, China, is the fourth largest city in Gansu. Zhangye has jurisdiction of one district and five counties, including Ganzhou District, and Linze, Gaotai, Shandan, Minyue and Sunan Yugu Autonomous County, with a total of 904 villages in 93 towns. Zhangye has a total area of 41,924 square kilometers and a population of 1.3 million (2010). People in Zhangye are mainly Han, and there are other 26 ethnic minorities, such as Muslim, Yugur, Tibetans, and Mongolians.
51. Ganzhou District has area of 4,240 square kilometers and population of 0.520 million. Population of each county in 2009 is presented in Table 3-1.
Table 3-1: Populations of Each County in 2009
Permanent Non-agricultural Population County Land area population population density (km2) (10,000 persons) (10,000 persons) (person/km2) Shandan 4,950 19.93 6.95 40.3 Minyue 2,918 10.25 3.52 35.1 Ganzhou 4,240 52.04 19.11 140.5 Linze 2,729 14.80 2.38 54.2 Gaotai 4,462 15.87 2.66 35.6 Sunan 20,706 3.66 1.14 1.8 Total 39,456 116.38 35.76 29.5
Source: Zhangye Socioeconomic Statistical Yearbook 2009
3.1.2 General Socioeconomic Situation of Ganzhou
52. Ganzhou District is the location of Zhangye Municipal Government. In 2009, GDP of Ganzhou is 2.71 billion yuan, accounting for 20.53% of total GDP of Zhangye; its primary, secondary and tertiary industries have the GDP ratio of 30.9:31.7:37.4.
53. Per-capita net income of rural residents in Zhangye and Ganzhou is 5,380, and 5,261 yuan, respectively. Per capita disposable income of urban residents in Zhangye and Ganzhou is 9,858 and 10,153 yuan, respectively. The basic socio-economic characteristics of Ganzhou District and Zhangye City are presented in Table 3-2.
41 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 3-2: Basic Socio-economic Characteristics of Ganzhou District and Zhangye City
Ganzhou Zhangye District Ratio Increase Increase Unit Amount Amount account for rate rate Zhangye (10,000 Population 130.83 — 52.04 — persons) Gross value of (10,000 1,319,394 10.3 270,873 10.4 20.53 production yuan) Per-capita net income yuan 5,380 11.4 5,261 10.5 — of rural residents Per capita disposable income of urban yuan 9,858 8.66 10,153 9 — residents
Source: Zhangye Socioeconomic Statistical Yearbook 2009 54. There are 2007 village groups of 245 village administrative committees in 18 towns, and with a population of 520,431 in Ganzhou District, and rural residents are account for 63% of total population. The administrative institution of Ganzhou is shown in Table 3-3.
Table 3-3: Administrative Institution of Ganzhou
Item Unit Amount Town No. 18 Village No. 245 Villager group No. 2,007 Population Person 520,431 Male Person 252,937 Female Person 191,076 Rural person 327,582 Rural residents % 63% Cultivated land Mu 734,743 Per capita land mu/ person 2.24 Per capita net income yuan/ person 5,261
3.2 GENERAL SITUATION OF AFFECTED VILLAGES
55. According to the survey, the Project will affect 51 groups of 12 villages in Xindun town of Ganzhou District. Per capita net income in Xindun is 5,761 yuan. Total affected area and affected area per capita is shown in Table 3-4.
42 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 3-4: General Situation of Affected Village
Cultivated Land Total Cultivated Land per Village Total people area household capita mu HH person mu/person Beiguan 1,372 473 1,726 0.79 Xiguan 2,391 645 2,294 1.04 Nanzha 1,988 365 1,321 1.50 Nanhua 4,726 702 2,265 2.09 Qingsong 2,287 435 1,624 1.41 Liuquan 2,867 604 2,200 1.30 Baita 2,082 600 2,249 0.93 Xindun 1,369 275 909 1.51 Chengerzha 2,003 346 1,177 1.70 Huaer 1,713 427 1,461 1.17 Bayi 2,940 730 2,560 1.15 Suijiasi 7 117 35 127 0.92 groups
3.3 SAMPLE SURVEY
56. To get further awareness of the basic situation of households in project area, and to analysis the impact on local residents, ZPMO has carried out a socio-economic sample survey from May and July 2011.
3.3.1 Selection of sample households
57. 160 valid sample households are accounting for 11.7% of the 1,366 directly affected households. 4 sample villages are accounting for 36.3% of the 12 affected villages. The amount of sample households is presented in Table 3-5. Selection of sample villages and households were consulted with the local town committee to ensure the sample representative and reasonable before conducted the sample survey.
Table 3-5: Amount of Sample Households
Sample Sample Affected Town Proportion Proportion village households households No. % HH HH % Xindun 4 36.3 160 1,366 11.7
3.3.2 Basic situation of sample households
58. 160 sample households have a total population of 666, with an average of 4.2 persons per household. Cultivated land per capita in Baita Village is 0.97 mu, 0.87 mu in Beiguan, 1.41 mu in Nanhua, and 0.98 mu in Liuquan village. The socio-economic situation of sample households is presented in Table 3-6, and the legitimate residence right of all
43 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project affected households is shown in Table 3-7. All of the surveyed persons are registered in the affected villages. In fact, all affected households and enterprises are registered in the affected villages.
44 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Table 3-6: Socio-economic Situation of Sample Households
Item Unit Baita Beiguan Nanhua Liuquan Total Group 5 1 8 3 HH 30 30 50 50 160 Total population person 107 132 222 205 666 Gender Male person 70 116 96 92 374 female person 37 16 126 113 292 Age 0-17 person 23 27 44 39 133 18-35 person 32 45 78 69 224 35-60 person 46 56 83 78 263 Over 60 person 6 4 17 19 46 Labor Total person 66 92 129 136 423 agricultural person 20 34 30 43 127 Non-agricultural person 18 14 13 14 59 Township enterprises person 6 13 8 13 40 Migrant workers person 12 18 27 30 87 construction person 4 6 10 8 28 Other person 6 7 41 28 82 Ethnic minority HH 0 0 0 0 0 Vulnerable groups Low-income families HH 1 2 1 5 9 person 4 7 4 13 28 Families with disabled Hh 1 1 2 person 3 2 5 Aged people with no family HH 1 2 1 1 5 person 1 2 1 1 5 Agriculture 1.cultivated land mu 103.35 114.26 312.6 191.03 2. cultivated income yuan/mu 600-1200 600-1200 600-1200 600-1200
45 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Item Unit Baita Beiguan Nanhua Liuquan Total wheat yuan/mu 1000 1000 1000 1000 corn yuan/mu 600 600 600 600 vegetables yuan/mu 4000 4000 4000 4000 other yuan/mu 1300 1300 1300 1300 Family property Housing area m2/ HH 230 210 240 230 1.electric equipment (1) television set 43 36 52 50 (2) refrigerator/freezer set 20 22 26 30 (3) washing machine set 28 27 46 48 (4) other unit 3 7 8 11 2.transport/agricultural motor (1) van set 7 6 8 9 (2) car set 2 5 1 3 (3) tractor set 12 10 28 19 (4) motorbike set 30 33 45 43 (5) other set 16 12 20 24 Annual income salary 10,000yuan 13.3 12.3 23 23.5 72.1 operation income 10,000yuan 126 123.2 205.1 205.2 659.5 property 10,000yuan 0.34 0.42 0.63 0.64 2.03 transferred 10,000yuan 2.9 3 4.5 4.6 15 total 10,000yuan 142.54 138.92 233.23 233.94 748.63 Expense operation expense 10,000yuan 68.2 67.8 115 113 364 fixed assets 10,000yuan 1.5 1.49 2.6 2.5 7.9 tax 10,000yuan 0.025 0.025 0.042 0.042 0.14 living expense 10,000yuan 53.2 53.1 88.6 88.3 283.7 property 10,000yuan 0.27 0.35 0.43 0.45 1.36 transferred 10,000yuan 4.85 4.72 8.35 8.21 26.42
46 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Item Unit Baita Beiguan Nanhua Liuquan Total total 10,000yuan 128.045 127.485 215.022 212.502 683.54 Land acquisition 1. ”compensation for land” HH 30 30 50 50 160 compensation Change the land in group, distribute HH 24 25 45 45 139 compensation No change of land, give the HH 6 5 5 4 20 compensation fee to APs 2. “way to compensate for housing” HH 30 30 50 50 160 (1) property exchange HH 28 27 45 42 142 (2) construct houses with land HH 1 1 3 3 8 distributed by government (3) buy houses with the HH 1 2 2 5 10 compensation fee 3. “use of land acquisition fee” HH 30 30 50 50 160 (1)agricultural production HH 25 24 40 40 129 (2)operation enterprise HH 25 25 25 27 102 (3)have business HH 3 6 12 16 37 (4)deposit in bank HH 25 25 45 13 108 (5)buy new house or decoration HH 13 12 16 14 55 (6) Subsidy for daily expenses HH 12 12 13 17 54 (7) Purchase of social insurance HH 15 13 14 15 57 (8)other HH 6 7 8 9 30
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Table 3-7: Survey of Legitimate Residence Right of Sample Households
Item households Proportion Person in household Total households 160 100.00% 666 Registered 160 100.00% 666 Non-registered 0 0.00% 0 Not confirmed 0 0.00% － Household person in － － 4.16 average
59. 341 males are in sample households, which is account for 51.2%. The average education time in sample households is 6.065 years. For age distribution, 18-35 year-olds is main, which has a population of 278, account for 41.74% of the total survey population. Age, sex and educational of the sample population are shown in Table 3-8.
Table 3-8: Age, Sex and Education of Sample Population
Male Female Total Age No. Proportion Education No. proportion Education No. Proportion Education person % Year person % year person % year 0-17 69 10.36 6 67 10.06 6 136 20.42 6 18-35 142 21.32 8 136 20.42 7 278 41.74 7.5 35-60 100 15.02 5 94 14.11 5 194 29.13 5 Over 30 4.50 3 28 4.20 2 58 8.71 2.5 60 Total 341 51.20 325 48.80 666 100.00
3.3.3 Income situation of APs
60. In 2010, income per capita of the sample households is11,240 yuan, and 46,789 yuan per household. Expenditure per capita is 10,263 yuan, and 42,721 yuan per household. In the project area, the average annual income per household is mainly 40,000-60,000 yuan, accounting for 52.5% of the total number of sample households. About 5.6% of households have an average annual income per household of 6,000 to 20,000 yuan; 23.7% of households have an average annual income per household over 60,000 yuan. Gross income and consumption expenditure per sample household in 2010 are presented in Table 3-9.
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Table 3-9: Income and Consumption Expenditure per Sample Household
Index unit Income distribution Expenditure distribution Range in yuan year 2010 2010 6,000-2,0000 HH 9 9 2,0000-4,0000 HH 29 29 4,0000-5,0000 HH 42 43 5,0000-60,000 HH 42 42 60,000-70,000 HH 22 23 ≥70,000 HH 16 14 total HH 160 160 Average in person yuan/person 11,240 10,265 Average in household yuan/HH 46,789 42,721
61. The analysis on the data of the income per household shows 41.2% from agricultural production; 46.9% from work on secondary and tertiary industries (manufacturing, construction, and services, etc.); full-time work income is 9.6%; property income 0.27%; and transferred income 2.00%. Income structure of sample households is shown in Table 3-10. Considered average family operation/production expense of 53.3% in Table 3-11, average net income of the sampling households is about CNY5,770 per capita.
Table 3-10: Incomes and Their Sources of All Sampling Families in 2010
Village Unit Baita Beiguan Nanhua Liuquan Total Amount of sample HH 30 30 50 50 160 1) Salary work 10,000yuan 13.3 12.3 23 23.5 72.1 income Proportion % 9.3 8.9 9.9 10.0 9.6 2) Industry and other 10,000yuan 66.0 68.3 108.8 108.3 351.4 Proportion % 46.30 49.18 46.64 46.28 46.93 3) Agriculture, 10,000yuan 60.0 54.9 96.3 96.9 308.1 forestry and other Proportion % 42.10 39.50 41.30 41.43 41.16 4) Property 10,000yuan 0.34 0.42 0.63 0.64 2.03 Proportion % 0.24 0.30 0.27 0.27 0.27 5) Transferred 10,000yuan 2.9 3 4.5 4.6 15 Proportion % 2.03 2.16 1.93 1.97 2.00 Total 10,000yuan 142.54 138.92 233.23 233.94 748.63
3.3.4 Expenditure situation of APs
62. For the expenditure structure of sample households in 2010, the expenditure on family operation accounted for 53.3%, ranking the first; and that on living consumption
49 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project accounted for 41.46%, ranking the second. Then the transferred expenditure (such as giving) accounted for 3.83%. The expenditure on purchasing fixed assets accounted for 1.18%, tax for 0.02%, and property for 0.22%. The details are presented in Table 3-11.
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Table 3-11: Expenditures and Their Structure of All Sampling Families in 2010
Village Unit Baita Beiguan Nanhua Liuquan Total Amount HH 30 30 50 50 160 1) Family operation/ 10,000yuan 68.2 67.8 115 113 364 production costs Proportion % 53.3 53.2 53.5 53.2 53.3 2) Fixed assts 10,000yuan 1.5 1.49 2.6 2.5 8.1 Proportion % 1.17 1.17 1.21 1.18 1.18 3) Tax 10,000yuan 0.025 0.025 0.042 0.042 0.1 Proportion % 0.02 0.02 0.02 0.02 0.02 4) Living 10,000yuan 53.2 53.1 88.6 88.3 283.2 Consummation Proportion % 41.55 41.65 41.21 41.55 41.46 5) Property 10,000yuan 0.27 0.35 0.43 0.45 1.50 Proportion % 0.21 0.27 0.20 0.21 0.22 6) Transferred 10,000yuan 4.85 4.72 8.35 8.21 26.13 Proportion % 3.79 3.70 3.88 3.86 3.83 Total 10,000yuan 128.05 127.49 215.02 212.50 683.05
3.3.5 House Use of Sample Households
63. In the 4 sample villages, the majority of 160 sample households is permanent residents. All housing use situation is shown in Table 3-12. Most of that is used by owners, accounted for 90.63%; and 9 houses are rented, 6 have both use, accounted for 3.75%.
Table 3-12: House Use Situations of Sample Households
Use households proportion HH % Use by owner 145 90.63% Rent 9 5.63% Both 6 3.75% Total 160 100%
3.3.6 Land Feature of Project Area
64. 160 sample households have a total of 836 mu cultivated land, which is all irrigated land. 741.7 mu of the land is used to grow food crops, accounted for 88.72%, 33 mu for vegetable, accounted for 3.95%, 10.1 mu for fruit trees, accounted for 1.21%, and 51.2 mu is used to grow others, which accounted for 16.12%. The details are presented in Table 3-13.
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Table 3-13: Land Planting of Project Area
Type Area Proportion mu % Food crops 741.7 88.72 Vegetable 33 3.95 Fruit trees 10.1 1.21 Other 51.2 6.12 Total 836 100
3.3.7 Land Acquisition Impact Analysis
65. According to the sample survey, the proportion of agricultural income in affected area is 41.16%, which is the same to results of all affected households based on village statistics.
66. The smallest land acquisition proportion is 1.44%, the largest is 55%, and the average is 15%. The smallest income loss proportion is 0.59%, the largest is 23%, and the average is 6%. The details are shown in Table 3-14.
67. Land acquisition impact is divided into four grades (<10%，10%-30%，30%-50%， 50%-70%) to analyze respectively. The impact on household income are presented in Table 3-15.
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Table 3-14: Land Acquisition Impact Analysis
Agricultural Income Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group income per capita income affected of APs before acquisition acquisition proportion proportion proportion yuan yuan/person % HH person mu mu % % Beiguan 1 6,540 2,692 41.16 85 310 251 47.73 19.02 7.83 2 5,786 2,382 41.16 97 339 210 33.48 15.94 6.56 3 5,743 2,364 41.16 64 232 234 15.65 6.69 2.75 4 5,812 2,392 41.16 53 208 146 50.20 34.38 14.15 5 5,803 2,389 41.16 53 215 208 10.68 5.13 2.11 6 5,689 2,342 41.16 42 146 137 4.42 3.23 1.33 7 5,721 2,355 41.16 79 300 257 63.33 24.64 10.14 Xiguan 1 5,813 2,393 41.16 78 221 211 11.50 5.45 2.24 3 5,780 2,379 41.16 73 314 232 9.78 4.22 1.74 5 5,818 2,395 41.16 70 231 205 65.93 32.16 13.24 6 5,856 2,410 41.16 57 195 298 77.12 25.88 10.65 7 5,813 2,393 41.16 65 216 299 129.40 43.28 17.81 8 5,700 2,346 41.16 56 228 320 74.71 23.35 9.61 9 5,690 2,342 41.16 64 230 323 20.97 6.49 2.67 Nanzha 1 5,680 2,338 41.16 32 123 184 10.05 5.46 2.25 2 5,730 2,358 41.16 28 109 256 9.81 3.83 1.58 3 5,700 2,346 41.16 32 125 239 3.45 1.44 0.59 4 5,710 2,350 41.16 46 163 259 15.40 5.95 2.45 8 5,710 2,350 41.16 36 113 240 8.92 3.72 1.53 9 5,660 2,330 41.16 34 107 214 21.20 9.91 4.08 Nanhua 5 5,755 2,369 41.16 68 231 366 12.90 3.52 1.45
53 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Agricultural Income Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group income per capita income affected of APs before acquisition acquisition proportion proportion proportion yuan yuan/person % HH person mu mu % % 6 5,781 2,379 41.16 60 214 409 46.24 11.31 4.65 7 5,722 2,355 41.16 55 158 328 181.80 55.43 22.81 8 5,781 2,379 41.16 43 144 375 157.32 41.95 17.27 9 5,780 2,379 41.16 62 226 568 89.60 15.77 6.49 10 5,723 2,356 41.16 41 148 369 89.06 24.14 9.93 11 5,774 2,377 41.16 70 201 421 68.88 16.36 6.73 Qingsong 1 5,781 2,379 41.16 67 240 391 19.23 4.92 2.02 2 5,744 2,364 41.16 73 231 372 68.81 18.50 7.61 3 5,813 2,393 41.16 57 252 323 29.48 9.13 3.76 4 5,687 2,341 41.16 61 222 347 124.87 35.99 14.81 5 5,680 2,338 41.16 39 184 265 24.71 9.32 3.84 6 5,711 2,351 41.16 80 272 324 70.66 21.81 8.98 7 5,724 2,356 41.16 58 223 265 28.65 10.81 4.45 8 5,660 2,330 41.16 33 195 242 33.48 13.83 5.69 Liuquan 1 5,812 2,392 41.16 77 271 298 34.79 11.67 4.81 2 5,798 2,386 41.16 88 352 424 50.15 11.83 4.87 3 5,687 2,341 41.16 102 399 418 105.36 25.21 10.37 5 5,734 2,360 41.16 74 226 363 11.10 3.06 1.26 6 5,725 2,356 41.16 64 247 409 40.87 9.99 4.11 Baita 5 5,822 2,396 41.16 57 215 208 43.38 20.86 8.58 6 5,793 2,384 41.16 115 413 280 33.18 11.85 4.88 Xindun 6 5,740 2,363 41.16 40 134 278 22.15 7.97 3.28
54 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Agricultural Income Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group income per capita income affected of APs before acquisition acquisition proportion proportion proportion yuan yuan/person % HH person mu mu % % Chengzh 1 41.16 42.00 15.27 6.29 a 5,700 2,346 54 187 275 2 5,750 2,367 41.16 55 189 349 30.30 8.68 3.57 5 5,720 2,354 41.16 54 189 226 32.20 14.25 5.86 7 5,650 2,326 41.16 40 153 250 20.30 8.12 3.34 Huaer 3 5,750 2,367 41.16 52 134 278 6.35 2.28 0.94 5 5,670 2,334 41.16 39 119 177 14.71 8.31 3.42 Bayi 7 5,710 2,350 41.16 47 224 307 10.00 3.26 1.34 Suijiasi 7 5,680 2,338 41.16 35 127 117 5.10 4.36 1.79 Total 41.16 3,004 10,845 14,745 2,231 15.13 6.23
Table 3-15-1: Income Loss for Households Losing Less Than 10% of Farmland
Income Agricultural Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group per income income proportion affected of APs before acquisition acquisition proportion proportion capita yuan yuan/person % HH person mu mu % % 3 5,743 2,364 41.16 64 232 234.00 9.65 4.12 1.70 5 5,803 2,389 41.16 53 215 208.00 10.68 5.13 2.11 6 5,689 2,342 41.16 42 146 137.00 4.42 3.23 1.33 Xiguan 1 5,813 2,393 41.16 78 221 211.00 11.5 5.45 2.24 3 5,780 2,379 41.16 73 314 232.00 8.38 3.61 1.49 9 5,690 2,342 41.16 64 230 323.00 20.97 6.49 2.67 Nanzha 1 5,680 2,338 41.16 32 123 184.00 10.05 5.46 2.25
55 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Income Agricultural Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group per income income proportion affected of APs before acquisition acquisition proportion proportion capita yuan yuan/person % HH person mu mu % % 2 5,730 2,358 41.16 28 109 256.00 9.81 3.83 1.58 3 5,700 2,346 41.16 32 125 239.00 3.45 1.44 0.59 4 5,710 2,350 41.16 46 163 259.00 15.4 5.95 2.45 8 5,710 2,350 41.16 36 113 240.00 8.92 3.72 1.53 9 5,660 2,330 41.16 34 107 214.00 21.2 9.91 4.08 Nanhua 5 5,755 2,369 41.16 68 231 366.00 12.9 3.52 1.45 Qingsong 1 5,781 2,379 41.16 67 240 391.00 19.23 4.92 2.02 3 5,813 2,393 41.16 57 252 323.00 29.48 9.13 3.76 5 5,680 2,338 41.16 39 184 265.00 24.71 9.32 3.84 5 5,734 2,360 41.16 74 226 363.00 11.1 3.06 1.26 6 5,725 2,356 41.16 64 247 409.00 28.4 6.94 2.86 Xindun 6 5,740 2,363 41.16 40 134 278.00 22.15 7.97 3.28 Chengerz 2 5,750 2,367 41.16 55 189 349.00 30.3 8.68 3.57 ha 7 5,650 2,326 41.16 40 153 250.00 20.3 8.12 3.34 Huaer 3 5,750 2,367 41.16 52 134 278.00 6.35 2.28 0.94 5 5,670 2,334 41.16 39 119 177.00 14.71 8.31 3.42 Bayi 7 5,710 2,350 41.16 47 224 307.00 10 3.26 1.34 Suijiasi 7 5,680 2,338 41.16 35 127 117.00 5.2 4.44 1.83 Total 1,259 4,558 6,610 389.08 5.89 2.42
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Table 3-15-2: Income Loss for Households Losing between 10% and 30% of Farmland
Income Agricultural Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group per income income proportion affected of APs before acquisition acquisition proportion proportion capita yuan yuan/person % HH person mu mu % % Beiguan 1 6,540 2,692 41.16 85 310 251.00 47.73 19.02 7.83 2 5,786 2,382 41.16 97 339 210.00 33.48 15.94 6.56 7 5,721 2,355 41.16 79 300 257.00 63.33 24.64 10.14 6 5,856 2,410 41.16 57 195 298.00 77.12 25.88 10.65 8 5,700 2,346 41.16 56 228 320.00 74.71 23.35 9.61 6 5,781 2,379 41.16 60 214 409.00 46.24 11.31 4.65 9 5,780 2,379 41.16 62 226 568.00 89.6 15.77 6.49 10 5,723 2,356 41.16 41 148 369.00 89.06 24.14 9.93 11 5,774 2,377 41.16 70 201 421.00 68.88 16.36 6.73 2 5,744 2,364 41.16 73 231 372.00 68.81 18.50 7.61 4 5,687 2,341 41.16 61 222 347.00 124.87 35.99 14.81 6 5,711 2,351 41.16 80 272 324.00 70.66 21.81 8.98 7 5,724 2,356 41.16 58 223 265.00 28.65 10.81 4.45 8 5,660 2,330 41.16 33 195 242.00 33.48 13.83 5.69 Liuquan 1 5,812 2,392 41.16 77 271 298.00 34.79 11.67 4.81 2 5,798 2,386 41.16 88 352 424.00 50.15 11.83 4.87 3 5,687 2,341 41.16 102 399 418.00 105.36 25.21 10.37 Baita 5 5,822 2,396 41.16 57 215 208.00 43.38 20.86 8.58 6 5,793 2,384 41.16 115 413 280.00 33.18 11.85 4.88 Chengerz 1 5,700 2,346 41.16 54 187 275.00 42 15.27 6.29 ha
57 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Income Agricultural Agricultural Households Amount Cultivated land Land Land acquisition Income loss Village Group per income income proportion affected of APs before acquisition acquisition proportion proportion capita yuan yuan/person % HH person mu mu % % 5 5,720 2,354 41.16 54 189 226.00 32.2 14.25 5.86 Total 41.16 1,459 5,330 6,782 1,257.68 18.54 7.63
Table 3-15-3: Income Loss for Households Losing between 30% and 50% of Farmland
Income Land Agricultural Agricultural Households Amount Cultivated land Land Income loss Village Group per acquisition income income proportion affected of APs before acquisition acquisition proportion capita proportion yuan yuan/person % HH person mu mu % % Beiguan 4 5,812 2,392 41.16 53 208 146.00 50.2 34.38 14.15 Xiguan 5 5,818 2,395 41.16 70 231 205.00 65.93 32.16 13.24 Xiguan 7 5,813 2,393 41.16 65 216 299.00 129.4 43.28 17.81
8 41.16 157.32 41.95 17.27 Nanhua 5,781 2,379 43 144 375.00 Total 41.16 231 799 1,025.00 402.85 39.30 16.18
Table 3-15-4: Income Loss for Households Losing between 50% and 70% of Farmland
Income Land Agricultural Agricultural Households Amount Cultivated land Land Income loss Village Group per acquisition income income proportion affected of APs before acquisition acquisition proportion capita proportion yuan yuan/person % HH person mu mu % %
7 41.16 181.8 55.43 22.81 Nanhua 5,722 2,355 55 158 328.00 Total 41.16 55 158 328.00 181.8 55.43 22.81
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3.3.8 APs’ Basic Understanding of land acquisition and housing demolition
(1) Basic Understanding of Socio-economic Development Situation in Project Area
68. Among the APs interviewed, APs that are satisfied with their current income accounted for more than 60% of the total. And there are a lot of people expect to earn more than the current income. About 75% of APs think that their family income are almost equal to their expectation, and also similar with the income of surrounding friends’. However, nearly 15% of APs are not satisfied with their household income. 13% believe that their income is lower than that of their relevant’ or friends’. 4% think it's far less than their income expectations. Family conditions surveyed households are presented in Table 3-16.
Table 3-16: Family Conditions of Sample Households
Satisfaction to Compare to Compare to Item Happiness Item family income friends expectation 1.very dissatisfied 4% 3% 1. very low 3% 4% 2. not satisfied 2% 2% 2. a bit low 10% 11% 3. just so so 30% 25% 3. more or less 75% 73% 4. satisfied 60% 63% 4. a bit high 6% 6% 5. Very satisfied 4% 7% 5. very high 6% 6%
69. APs interviewed are basically satisfied with socio-economic development of the project area, housing conditions, and traffic conditions, employment opportunities for themselves and their families and employment environment. But less than 10% of APs are dissatisfied. Other 35% APs think there is greater space for improvement of socio-economic development. APs think the problems in economic development situation of the project area are mainly shown from: low level of development of economic, commerce and services, fewer employment opportunities, transportation and shopping is not convenient, poor infrastructure such as roads, less contact with other urban areas, information exchange is not smooth and other aspects. Based on this understanding, they believe that at this stage the focus of the project area development should be on the following nine aspects: (i) housing construction; (ii) road construction; (iii) urban overall transformation; (iv) speed up the construction of rural suburbs; (v) speed up the commercial development; (vi) improve employment opportunity; (vii) reduce pollution and improve the urban environment; and (viii) increase public cultural facilities, expand public entertainment and sports space. To conclude, road construction can promote the area develop ability, which is not only agreed by government, but also by the residents from project area. Satisfaction remarks with the project area are presented in Table 3-17. The dissatisfaction of project area socio-economic development ranking is shown in Table 3-18.
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Table 3-17: Satisfaction Remarks with the Project Area
Aspects dissatisfied Proportion Ranking 1) low level of development of economic, commerce and services, 25% 1 fewer employment opportunities 2) transportation is not convenient, poor infrastructure such as 22% 2 roads 3) low level of development of commerce , shopping is not 18% 3 convenient 4) less contact with other urban areas, information exchange is 16% 4 not smooth 5) big development difference with other cities 8% 5 6) low level of income in suburbs, and the profit is low 6% 6 7) other 5% 7
Table 3-18: Dissatisfaction of Project Area Socio-economic Development Ranking
Compare with other Not Just so Very Very dissatisfied Satisfied district in Zhangye satisfied so satisfied Socio-economic 4% 3% 35% 35% 23% development Employment opportunity 3% 4% 33% 33% 27% Employment environment 3% 4% 36% 32% 25% Rural transportation 4% 3% 31% 33% 29% Employment 5% 3% 33% 35% 24% Housing 6% 3% 34% 36% 21%
(2) Evaluation on Project Impact
70. About 64% of APs interviewed believe that after the improvement of all aspects of infrastructure, the socio-economic situation of project area can develop rapidly. Table 3-12 shows APs’ views on how urban transportation improvement impacts on housing condition, living condition, lifestyle and habits, family relationships, children's education, traffic, life quality improvement and family future development. From the evaluation, APs interviewed overall agreed on the project implementation. They believe the project can greatly improve the transportation condition and living environment; the project can promote household economic development, employment opportunities and children's education; and the project has little impact on income and living quality promotion; but, housing, and lifestyle and habits will be changed to a certain extent.
71. About 4% of APs interviewed believe resettlement has a negative impact on housing conditions. Housing sites are scattered in the project area; most houses are constructed by farmers themselves. The majority farmers expect the unified housing resettlement. Some vulnerable groups, such as middle-aged farmers hold don’t like the resettlement because of long-term living habits and health condition. But they are still willing to cooperate. Local governments will assist them in moving to new apartments, and offer them priority to select apartments considering their habits and health conditions. The details are shown in Table
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3-19.
Table 3-19: Evaluation to Project Impact
Very Very No A few Lots of No Item profitable helpful change disadvantages disadvantages Reply 1 housing condition 4% 65% 14% 2% 2% 13% 2 living environment 5% 63% 13% 3% 4% 12% 3. employment opportunity 4% 64% 12% 1% 2% 17% 4income 5% 63% 16% 2% 1% 13% 5 lifestyle and habits 4% 62% 14% 2% 3% 15% 6 family relationship 3% 61% 14% 4% 4% 14% 7 children’s education 6% 63% 13% 3% 3% 12% 8 transportation 5% 63% 14% 4% 3% 11% 9 living quality improvement 5% 61% 16% 2% 2% 14% 10 future development of 4% 64% 14% 3% 2% 13% APs
72. Among 100 APs interviewed, 25 individuals believe that housing demolition and land acquisition can significantly improve their living standard. 2 individuals believe that housing demolition and land acquisition don’t have impact on their living standard, which accounted for 5%. 50 individuals believe that the project will have some impact on land loss and housing but it will not have a significant impact on their living standard. Middle-aged or aged people, who commonly have less education, believe the project has disadvantage for them. To conclude, if people don’t have special skills, they can’t well adapt to the new lifestyle; if don’t have land, the employment and income can’t be well protected, and the life quality will decrease. Impact of land acquisition and housing demolition is presented in Table 3-20.
Table 3-20: Impact of Land Acquisition and House Demolition
Impact of land acquisition and house demolition HH Proportion 1 Significant impact, improve living standard 25 25% 2 Significant impact, decrease level of living standard 5 5% 3 Some impact，not significant on living standard 50 50% 4. No big change，no impact on current life 5 5% 5. No reply 15 15% Total 100 100%
(3) Extent and Ways to Know the Project
73. About 60% of APs interviewed know their houses or land is in the demolition or acquisition list through pre-project survey, implementing advocacy, and research and activities of resettlement planning. 58% have a preliminary understanding of the plan of road reconstruction project. More than 80% have learned some of the local resettlement policies. Research, distributing leaflets, community outreach, searching for comments on resettlement program and announcements or publicity all improved the understanding of
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APs. During implementation of the Project, announcements and publicity of ZPMO and relevant towns, communities will play an important role in helping APs understand the project. Table 3-21 shows APs most expect to know more about policies and standards of land compensation and housing compensation, resettlement location. Concern for labor placement is the fourth priority and for health care and pension are fifth and sixth.
Table 3-21: Expectation To Understand Relevant Policies
Policies and ways on compensation for housing demolition Rank 1) Aged people security 6 2) Health care 5 3) Minimum social security 7 4) Labor placement 4 5) Standard and rate of housing compensation 2 6) Standard and rate of land acquisition compensation 1 7) Site of resettlement 3
74. Overall, APs expect a good resettlement policy. All of the APs expect the government to formulate a good policy. Land acquisition and house demolition have deep relationship with living conditions and development of APs in future, so APs are mostly concerned on policy of resettlement. More than 75% of APs interviewed believe that the government will consider their interests. They expect to get good placement policy from the government, and they basically trust the government. Some people are optimistic on resettlement policy given by the government.
3.4 Conclusions
75. According to the survey and analysis above, the following points can be concluded.
(i) Project has a good basis to meet the needs of social and economic development. The traffic and construction environment have lagged far behind from overall development need of Zhangye City and Ganzhou District. Further urban construction will contribute to the development of logistics and business in project area and the surrounding areas, which can further promote employment and standards of production and living. (ii) Project has a good public awareness foundation. APs have a good overview on the project and they are well aware of and positive with the social, economic and environmental effects of the project in the future, which is helpful when APs cooperate with the smooth implementation of the project. (iii) Project has a good policy basis. According to the features of regional economic and social development, the relevant government departments increase the advocacy efforts on the project and its related policy, which has achieved good results that not only help the APs understand the objectives and significance of project implementation, but also reduce concerns for the project negative impact on the society and their interests. In formulating relevant programs of compensation, resettlement and reconstruction, the government emphasized on learning the past experience, and integrated it into the current project to making the policies and programs of compensation and resettlement. The
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government effectively took the interests of APs into account, which built a good policy foundation for the implementation of the project. (iv) The survey showed APs are urgent to know more details of project implementation plans, so it is necessary to give them systematic, targeted project publicity, which not only can promote the knowledge of the project through regular channels, then eliminate the concerns arising because of misunderstanding, but also can help them understand the project, then complement the smooth implementation of the project. 76. As the demolition involves the vital interests of APs, therefore, how to balance the interests of all parties to conclude the best compensation plan, and to do the appropriate work after resettlement are one of the keys to make the resettlement plan.
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IV. LEGAL AND POLICY FRAMEWORK
4.1 GENERAL
77. The preparation and implementation of resettlement for this Project follow the laws and regulations promulgated by the People’s Republic of China (PRC) and Gansu Province, and also meet the requirements of ADB’s relevant policies. The adopted unit rates of compensation standards and rehabilitation measures in the RP will also follow them during resettlement implementation. After detailed survey and measures, the RP will be finalized based on a full census, final asset inventory and valuation, and final budget, and be submitted to ADB for review and concurrence prior to award of civil works contracts.
4.2 POLICY BASIS
4.2.1 Relevant Laws and Provisions Enacted by the Central Government
78. The RP for the Project follows the laws and regulations promulgated by the PRC, including:
(i) The Law of Land Administration of the PRC implemented in January 1999, and the revision implemented on August 28, 2004; (ii) The Rural Land Contracting Law of the PRC implemented since March 1, 2003; (iii) Law of the PRC on Urban Real Estate Administration taking effect on January 1, 1995; (iv) Regulations on the Administration of Urban House Relocation taking effect on January 21, 2011; (v) Guiding Opinions on Appraisal of Urban House Relocation taking effect on January 1, 2004; (vi) Decisions on Deepening the Reform and Intensifying Land Administration issued by the State Council on October 21; (vii) Circular of the State Council on Intensifying the Land Control issued on August 31, 2006; (viii) Property Right Law of the PRC taking effect on October 1, 2007; and (ix) Provisions of the PRC on the Disclosure of Government Information taking effect on May 1, 2008.
4.2.2 Regulations and Policies Enacted by the People’s Government of Gansu Province and Zhangye City
79. The RP for the Project follows the regulations promulgated by Gansu Province, including:
(i) Implementation Measures for the Land Administration Law of PRC in Gansu Province promulgated on September 2, 1999, revised and effective since March 30, 2002;
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(ii) Opinion of Gansu Provincial Government on Deepening Reform and Tightening Land Administration (Gansu Provincial Government Decree 48 of 2005) Promulgated in July 2005; (iii) Notice of Delivering the “Operating Procedures of the Minimum Standard of Living Security in Gansu Province” (Gansu Provincial Government Decree 36 of 2009); (iv) Notice on Land Compensation Based on District Comprehensive Price and Annual Agricultural Production Price (Gansu Province Government Document No.88, November 2, 2009); (v) Gansu Province Implementation Details for Cultivated Land Occupation Tax (revised in October 1997); and (vi) Compensation Standards for Land Acquisition in Urban Planning Area in Zhangye City (Zhangye Municipal Government Document No.46, March 2010)
4.2.3 ADB’s Policies on Involuntary Resettlement
80. The compilation of the RP and the implementation of resettlement work for the Project will be in accordance with the ADB’s Safeguard Policy Statement (June 2009). The implementation of resettlement for this Project will strictly follow the ADB policy requirements, and approval will be obtained from ADB prior to any change to this RP. The current RP is a draft which needs to be finalized based on detailed design and detailed measurement surveys, prior to award of civil works contracts. During implementation, if any significant changes must be made, the Project Resettlement Office will discuss with the APs, and submit an updated RP to ADB.
(i) ADB’s “Safeguard Policy Statement” June 2009; (ii) ADB’s policies on Indigenous Peoples, Poverty Reduction, and Gender and Development.
4.3 SUMMARY OF MAIN LAWS, REGULATIONS AND POLICIES
4.3.1 Summary of Relevant National and Provincial Laws and Regulations
(1) Provisions on land ownership and land-use right
81. The PRC implements a socialist public ownership, i.e. an ownership by the whole people and ownerships by collectives of land. Land in urban districts shall be owned by the State. Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by peasants including land for building houses, land and hills allowed to be retained by peasants. (Article 2 and 8 of the Law of Land Administration of the PRC)
82. In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, houses owned by entities and individuals or other realties according to the statutory power limit and procedures. When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees, placement allowance, compensations for the above-ground fixtures of the lands and seedlings and other fees, arrange for social security fees for the farmers with land acquired,
65 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project guarantee their livelihood ,and protect their lawful rights and interests. When requisitioning the houses owned by entities and individuals or other realties, it is required to compensate for demolishment and relocation in accordance with law and protect the lawful rights and interests of the owners of the acquired assets. When requisitioning the individuals' residential houses, it is required to guarantee the housing conditions of the owners of the acquired houses. (Article 42 of the Real Right Law of the PRC)
83. The women and men have equal rights to contract rural farmland. The legal rights and interests of women must be protected; any organization or individual cannot alienate or infringe on their rights of contracted management of land. During the period of contract, the contractees shall not take back or adjust the land. (Articles 6, 26 and 27 of the Law of the PRC on Land Contract in Rural Areas)
(2) Provisions on compensation standard of land acquisition
84. For requisitioning land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land acquired by the per capital land occupied of the unit whose land is acquired. The resettlement fees for each agricultural person to be resettled shall be 4~6 times the average annual output value of the three years preceding the acquisition of the cultivated land. But the maximum resettlement fee per hectare of land acquired shall not exceed 15 times of the average annual output value of the two years prior to the requisition. (Article 47 of the Law of Land Administration of the PRC)
85. The local people’s governments at and above county level shall take effective measures to make sure the living level of farmers whose farmland is acquired won’t be decreased for land acquisition. It is required to, in accordance with law and in full amount, pay land compensation fees, placement allowance, compensations for the above-ground fixtures of the lands and seedlings and other fees. The people’s governments of provinces, autonomous regions, municipalities who provide farmers for land compensation fees and placement allowance according to current laws and regulations but can’t keep their original living standard and can’t afford the social security fee of farmers who lose farmland due to land acquisition shall be approved to increase placement allowance. If the sum of land compensation fees and placement allowance reaches the regulated upper limit but can’t keep the original living standard of farmers whose farmland is acquired, the local governments may use the income from the compensated use of the SOL for compensation. Provinces, autonomous regions and municipalities shall establish and promulgate the uniform compensation standards by annual output value or district-based comprehensive land price. The acquired land of the same level shall be compensated for the same price. The National Key Construction Projects shall take the land acquisition fee in full amount into rough calculation. (Article 12 of Decisions on Deepening the Reform and Intensifying
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Land Administration by the State Council)
(3) Provisions on resettlement approaches of farmers whose farmland is acquired
86. People’s governments at and above county level shall formulate concrete measures to guarantee the long-term means of living of farmers whose farmland is acquired. For projects with stable earnings, farmers may become a shareholder through legally approved right to use construction land. Within planned urban areas, the local people’s governments shall bring farmers who lose farmland due to land acquisition into the urban employment system and establish a social security system. Outside the planned urban areas, to requisition collectively-owned land, the local governments shall provide necessary farmland for farmers whose farmland is acquired within the local administrative area or arrange corresponding jobs; and make resettlement in host community for farmers without land and basic living conditions. (Article 13 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
87. The farmers whose farmland is acquired may select the following resettlement approaches: (1) Placement on agricultural production. The acquisition of collectively-owned land outside the planned urban area should be made through rural collective mobile land, the land contractors voluntarily returned, added farmland due to land circulation and land development and arrangement, firstly making sure the farmers whose farmland is acquired have necessary farmland to continue agricultural production. (2) Placement on re-employment. Conditions shall be created in an active manner to provide free labor-skill training and arrange jobs for the farmers whose farmland is acquired. Under the same condition, the priority of employment should be given to farmers whose farmland is acquired by requisitioning units. For the acquisition of farmers’ collectively-owned land within the planned urban area, farmers who lose farmland due to land acquisition should be brought into the urban employment system with the social security system established. (3) Placement on shares dividends. For the land with long-term stable earnings at project sites, on a voluntary basis of farmers, after negotiation with requisitioning units, acquired rural collective economic organizations may buy shares by compensation allowance or convert the right of use of construction land into shares. By signing contract with rural collective economic organizations, farmers get returns through preference shares. (4) Resettlement in Host Community. The farmers who lose farmland due to land acquisition but can’t be provided with a basic living condition, after taking advices of acquired rural collective economic organizations and farmers, may be arranged by governments in uniform to make resettlement in Host Community. (Article 2 of Guiding Opinions on Improving Land Acquisition Compensation and Resettlement System)
(4) Provisions on transparency of land acquisition information
88. During land acquisition, it is required to protect the farmers’ right of use of collectively-owned land and right to operate contracted land. Before applying for approval of land acquisition, it is required to inform the farmers whose farmland is acquired of the purpose, location, compensation rate and placement approaches of land to be acquired. The
67 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project investigation result on condition of land to be acquired should be confirmed by acquired rural collective economic organizations and farmers; if necessary, related departments of Ministry of Land and Resources should organize public hearings according to related regulations. Related documents known and confirmed by farmers whose farmland is acquired shall be submitted for approval of land acquisition. It is required to accelerate establishing and improving conciliation and arbitration mechanism on disputes in LAR, to protect legal rights of farmers and land users whose farmland is acquired. Approved land acquisition, if no special condition, should be declared publically. (Article 14 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
89. The people’s governments of provinces, autonomous regions, and municipalities should prepare approaches on distributing land compensation fees inside rural collective economic organizations based on the principle of mainly using land compensation fees for farmers whose farmland is acquired. The acquired rural collective economic organizations should disclose the incomings and outgoings and distribution of land compensation fees to the members of the organizations to receive supervision. The agricultural department, civil administration department, and other departments should enhance the supervision on distribution and use of land compensation fee. (Article 15 of Decisions on Deepening the Reform and Intensifying Land Administration by the State Council)
90. Administrative organs should disclose government information promptly and correctly. In case of finding any false and incomplete information that affects or may affect social stability and disturb the order of social control, administrative organs should issue correct government information within the responsibility range to clarify. (Article 6 of Provisions of the PRC on the Disclosure of Government Information)
91. Administrative organs should be active in disclosing government information in ways easily known by the masses, such as government bulletin, government website, news conference, newspapers, radio, TV, etc. (Article 15 of Provisions of the PRC on the Disclosure of Government Information)
92. Governments at all levels should establish spots for consulting government information, and prepare accessory facilities to provide convenience for citizens, juridical persons and other organizations. Administrative organs may set up public reference rooms, file acquisition spots, information publicity fields, and electronic information screens to disclose government information. Administrative organs should promptly offer disclosed government information to the National Achieves and public libraries. (Article 16 of Provisions of the PRC on the Disclosure of Government Information)
(5) Provisions on house relocation and housing site administration
93. Relocation compensation may be monetary compensation or exchange of house property right. Relocation households may choose the relocation compensation methods. The amount of money compensation will be determined by the appraisal price of the real estate market according to the location, usage, building area of the relocation house. (Article 23 and 24 of Regulations on the Administration of Urban House Relocation)
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4.3.2 Abstracts of related regulations and rules of Gansu Province
94. Land compensation and resettlement subsidy of cultivated land will follow the provisions of the Land Administration Law (Article 47). The land compensation and resettlement subsidy for other land areas (non-farmland) and attachments as well as green crops will follow the following standard. Land compensation: the compensation for the acquired land areas for township village enterprises, public facilities, and community services should be 2 to 4 times of the annual average output value (AAOV) of the cultivated land for the past three years. The compensation for housing plot should follow 3 to 5 times of the AAOV of the cultivated land in the village. The compensations for waste land and unused land should follow 2 times of the AAOV of the cultivated land in the village. Resettlement Subsidy: The resettlement subsidy for the acquired land areas for township village enterprises, public facilities, community services, and housing plots should be based on the number of persons requiring economic rehabilitation, which will be based on dividing the acquired land areas and per capita land holding in the affected village. For each person who needs economic rehabilitation, the resettlement subsidy will be set at 2 to 3 times of the AAOV. However, such a resettlement subsidy should not exceed 7 times of the AAOV. For acquired waste land and unused land, no resettlement subsidy should be provided. Green Crop Compensation: for average crops the compensation will be based on the average annual productive value. For land areas with no green crops planted, the compensation will be based on the amount of input made. (Implementation Regulation of Land Administration Law for Gansu Province, Article 24)
95. The decree specifies a series of compensation rates for acquired farmland and demolished structures for state sponsored large infrastructure projects. In article 8, it specifies that land compensation and resettlement subsidy for large infrastructure projects will follow the following standards: For villages with per capita land above one mu, the land compensation for each mu of farmland will be based on 6 to 8 times of the AAOV in the past three years, and the resettlement subsidy will be based on 4 to 6 times of the AAOV. For villages with per capita farmland between 0.4 mu and 1 mu, the land compensation for each mu of farmland will be based on 8 to 10 times of the AAOV, and the resettlement subsidy will be based on 6 to 10 times of the AAOV. This provision is not applicable for this Project. For village with per capita farmland below 0.4 mu, the land compensation and resettlement subsidy for each mu of farmland will be set as no more than 25 times of the AAOV. Article 9: the land compensation and resettlement subsidy for other land, green crops, and c other attachments will follow the provision of Implementation Regulation of Land Administration Law for Gansu Province. (Method of Land Acquisition for Large Infrastructure Projects in Gansu)
96. Expropriation of rural collective land, with the average arable land above 1 mu, the total of land compensation and resettlement subsidies should not be less than 16 times of the AAOV; with the average arable land above 0.5 mu but below 1 mu, the compensation should not be less than 22 times of the AAOV; with the average arable land below 0.5 mu, the compensation should be 30 times of the AAOV. (The Suggestions of Gansu Provincial People’s Government on Deepening Reform and Strengthening Land Management,
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48# issue (2005))
4.3.3 ADB’s Relevant Policies on Involuntary Resettlement
97. ADB’s Safeguard Policy Statement (June 2009) provides systematic guiding policies and operation instructions for the resettlement of its loan projects.
98. The objectives and principles of involuntary resettlement by ADB are:
(i) If possible, involuntary resettlement should be avoided. (ii) If resettlement is unavoidable, all feasible options should be explored and the scope of resettlement should be as small as possible. (iii) Ensure that the displaced persons have the same economic and social conditions before and after the project. (iv) Improve the living standard of displaced poor and other vulnerable groups. 99. The principles of involuntary resettlement by ADB consists of
(i) 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. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment 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. (iii) 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. (iv) 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.
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(v) 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. (vi) 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. (vii) 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. (viii) 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. (ix) 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. (x) 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. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) 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.
4.3.4 Comparison of ADB’s involuntary resettlement policies with the PRC’s LAR policies
100. Generally speaking, there are many similarities between the ADB’s involuntary resettlement policies and the PRC’s LAR policies, which include:
(i) Both of them attach an importance to avoiding or reducing resettlement during the planning and design stage of a project; (ii) Both of them attach an importance to the restoration and improvement of the livelihood of APs; (iii) Both of them attach an importance to the openness and transparency of the resettlement policies; (iv) Both of them attach an importance to the participation and awareness of the public during resettlement;
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(v) Both of them require that the formulation and implementation of the resettlement compensation standards must be based on the law and according to the law. 101. However, there are still some differences in some aspects between ADB’s involuntary resettlement policies and the PRC’s LAR policies, which include:
(i) ADB attaches more importance to the planning prior to the implementation of resettlement, and it requires that a feasible RP must be compiled; (ii) The ADB’s resettlement policies require that during resettlement, all losses of all APs must be compensated according to replacement costs, including those people having no legal land ownership. However, the LAR policies of the PRC provide a different compensation policy to unlicensed buildings. (iii) ADB attaches more importance to the special care extended to the vulnerable people during resettlement; and (iv) ADB attaches more importance to monitoring and checking during resettlement, including the use of a professional monitor that is independent from the implementing agencies and design institute. 102. Based on the above analysis, during the preparation for resettlement, this Project takes full account of the relevant policies of ADB and takes the following measures to meet the demands of ADB:
(i) The preparation of the Project must be based on concrete socio-economic survey and physical survey, and the RP must be prepared in details; (ii) Special care must be given to vulnerable people during resettlement implementation; (iii) Make compensation to illegal buildings constructed before the cut-off time, taking the buildings as temporary buildings; (iv) Establish internal and external monitoring systems for resettlement. 103. With the above measures, the ADB’s resettlement policies and the PRC’s LAR policies will be compatible and will facilitate the smooth implementation of resettlement of the Project.
4.4 TARGET OF RESETTLEMENT
104. During the resettlement preparation and implementation, the following targets shall be striving for:
(i) Minimizing land acquisition and house demolishment. Minimizing impact on local life and production. (ii) The RP should be compiled based on LAR compensation standards, for the purpose of improving or resuming original local life and production standard. (iii) Production development compensation should be offered to increase working opportunities in the secondary and tertiary industries. (iv) Encouraging APs’ participation in the RP planning, implementation and monitoring.
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4.5 COMPENSATION CONDITIONS
105. The following APs and organizations are entitled to receive the compensation: (i) persons whose houses are to be demolished; (ii) persons indirectly affected; (iii) persons whose lands are to be acquired; and (iv) affected enterprises and institutions.
106. All people affected by land acquisition and house demolishment are entitled to receive compensation based on their actual losses of assets which existed before the date (cut-off date: May 31, 2011) when project design or project engineering survey was finished. Lands reclaimed newly and houses built newly after the cut-off date, and any land improvement or planting of trees after signed land acquisition agreement will not be compensated.
4.6 COMPENSATION PRINCIPLES
107. The compensation shall be implemented in accordance with following principles:
(i) Based on detailed measurement survey, a negotiation on housing and attachments compensation with the APs should be conducted. (ii) All APs and affected stores, no matter with licensed or not, should be taken into consideration. (iii) In case that the original livelihood cannot be resumed, new working opportunities should be offered. (iv) Affected vulnerable groups should be the prior consideration in compensation, movement, and employment. (v) All APs should be informed about the right, compensation standard, rehabilitation plan and project schedule. (vi) Supervision, monitoring and evaluation (M&E) are required to deal with relevant implementation issues. (vii) Compensation for acquired houses, land and other properties shall be calculated according to full replacement cost. The calculation of full replacement cost will be based on fair market value, transaction cost, accrued interest, transition and restoration cost and other potential reasonable costs, without deduction for age depreciation or salvaged materials. Affected families due to demolition will be given preferential treatment when they buy the relocated houses provided by the government. (viii) The purpose of project construction is to promote urban development in the future. Therefore, the local farmers will lose part of their lands because of the Project at this time but will experience future city expansion and lose more land. ADB’s Safeguard Policy Statement (June 2009) requires the borrowers to evaluate the future impact of involuntary resettlement. Considering that the farmers are likely to eventually lose all lands, a livelihood restoration plan will be designed for them. The ZMG promises that similar compensation standards will be adopted when the land of families is acquired in the same village due to future expansion of the city. (ix) All affected shops/enterprises (licensed or not), regardless of forced relocation or not, shall obtain compensation for loss of earnings according to full replacement cost. Their livelihood will also be restored or improved.
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(x) The compensation and restoration measures will make sure the living standard of vulnerable families shall be improved.
4.7 COMPENSATION STANDARDS
4.7.1 Land Compensation Standards
108. Compensation standards are set up according to relative laws and regulations of the PRC, Gansu Provincial Government, ZMG and ADB. Rural collective land acquisition compensation includes land compensation fees, resettlement fees, compensation for ground attachments, young crops fee and taxes. The details of land compensation are presented in Table 4-1. According to “Notice on Issuing Comprehensive Land Prices Based on Different Regions and Unified Annual Production Value Standards” of Gansu Province (November 2009), the compensation standard was made. The AAOV is CNY 1,200 to 1,399.6 per mu, while the compensation is 16 times of the AAOV, e.g. CNY 21,000 to 22,000 per mu, which include land compensation fees and resettlement fees.
109. According to “Compensation Standards for Land Acquisition in Urban Planning Area in Zhangye City” (Zhangye Municipal Government Document No.46, March 2010), the compensation standard for cultivated land, collective construction and housing land is CNY21,000 to 22,000; waste land is CNY4,000.
These rates are fixed according to the local economic and social development indicators and the GDP estimates of income level of farmers, collected through repeated surveys. Based on these results in March 2010, ZMG determined the land acquisition compensation standards of the urban planning area. If during project implementation, Zhangye Municipal government (ZMG) adjusts and improves the land compensation standards, ZMG will issue the documents with improved standards again and new compensation will be implemented.
Table 4-1: Land Acquisition Compensation Standards
Item Yuan/mu Receivers Cultivated land 21,000-22,000 All Villagers in Groups Young crops fee 800 Land Contractor (farmer)
Compensation for land used for Person who has right to use the 21,000-22,000 new construction of housing and land roads, Waste land 4,000 Person/group with user right Land using fees 10,672 National land department Land reclamation fees 4,000 National land department Tax of occupation of cultivated land 20,800 National land department Survey and assessment fees 1,334 Assessment unit Administrative cost of land 2% of land acquisition cost Local land bureaus
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4.7.2 Compensation on House Demolition
(1) Rural residential housing
110. The compensation standards for house demolition in rural areas are presented in Table 4-2. To demolish the residential houses, subsidy of resettlement should be paid to cover the cost of moving expenses. APs who resettle once and permanently should be paid for resettlement subsidy once. APs who resettle temporarily should be paid for resettlement subsidy twice. Resettlement subsidy is calculated on the basis of house demolition area. If the area of the house demolished is below 140 square meters, the subsidy is 400 yuan/household; if above 140 square meters, the subsidy is 3 yuan/square meter. An award of CNY 3,000/household is paid to the APs who sign agreements and move within a stipulated time period. Transition subsidy of CNY 200/month/household is paid for 6 months to cover temporary accommodation costs during the period when new housing is under construction. Compensation standard for ground attachments is shown in Table 4-3. Compensation standard for trees is shown in Table 4-4.
Table 4-2: Compensation Standards for House Demolition
No. Structure Unit Price (yuan) Remark Brick-concrete house 1 with more than 2 m2 800 floors Brick-concrete house 2 m2 500 only one floor 3 Brick-wood m2 350 4 Brick-earth-wood m2 300 5 Earth-wood m2 220
Simple structure for 2 6 m 50 stuff storage, etc.
Table 4-3: Compensation Standard for Ground Attachment
No. Structure Unit Price (yuan) Remark 1 Brick wall m2 200 2 Earth-wall m2 80 3 Brick floor m2 30 4 Cement floor m2 50 5 Asphalt road surface m2 30 6 Standard shed m2 80 7 Temporary shed m2 50 8 Brick toilet set 200 9 Earth toilet set 100 10 Septic tank set 1,500
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No. Structure Unit Price (yuan) Remark 11 Running water well set 150 12 Seepage well set 150 13 Pumped well set 150 14 Telephone set 50 15 Cctv HH 350 16 Rain shed set 300 17 Brick cellar set 300 18 Earth cellar set 200 19 Grave set 800 20 U channel m 50 21 Fence m 10 22 Earth-wood house for melon set 500 23 Brick-concrete well house m2 400 24 Motor pumped well set 60,000-80,000 25 Big dug well set 5,000 26 Tank set 300 27 Culvert m 30 28 Low-pressure tube m 30 29 Observation well set 150 30 Bolt set 150 31 Running water tube m 15 32 Sluice set 100 33 Bridge set 100 34 Electric pole set 150 35 Distribution box for electricity set 200 36 Line in earth m 15 37 Power cable m 50 38 Power supporting set 1,000 39 Ammeter box set 200 40 AD blank set 100 41 Iron fence set 100 42 Iron door set 160 43 Cement pole set 20 44 Protection fence m 100 45 Water tank set 400 46 Sun power set 500 47 Iron house m2 300
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Table 4-4: Compensation Standard for Trees
Type Unit Compensation rate Sapling yuan/tree 1.5 Young tree yuan/tree 5 Auxiliary material yuan/tree 14 Timber purling yuan/tree 20 Beam material yuan/tree 100 Fruit trees with fruit yuan/tree 200 Fruit trees without fruit yuan/tree 50 Young fruit trees yuan/tree 5 Grape yuan/tree 100 Trees for view yuan/tree 60 Young crop Yuan/mu 800 Alfalfa Yuan/mu 1,000 Leek planted in small piece of land Yuan/mu 1,200 Leek in big scale Yuan/mu 8,000 Leek in greenhouse Yuan/mu 16,000 High power greenhouse yuan/m2 37.5 2 generation greenhouse yuan/m2 24
4.7.3 Compensation for Business Operation
111. According to the survey and regulations of the ZMG, for the shutdown, semi-shutdown, pending operation, semi-pending operation of the non-residential buildings caused by the demolition, the compensation shall be provided once at CNY 2,000 per month if building area is less than 100 square meters, and at CNY 25 per month square meter for building area is between 100~200 square meters, and at CNY 30 per month square meter for building area is above 200 square meters. As mentioned, all affected enterprises are small business and they will have enough time to find new places to operate their business before their building demolition.
4.7.4 Compensation for Temporal Houses
112. The compensation policy of the temporal houses is CNY 100 per square meter. The temporal houses are those built by villagers not used for living but for storage purposes without any approval by local administration institutions, and attached to their main houses. According to ADB’s safeguard policy, the structures will be compensated based on their replacement costs. According to the house assessment agencies and local practice, CNY 100 per square meter is sufficient to cover the replacement cost of such temporary structures.
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4.8 Entitlement Matrix
Affected Implementing Type of Losses Entitled Persons Resettlement and Compensation Policy Compensation Standards objects Units Standard cost of house replacement is: Brick-concrete 500-800 yuan/m2, brick-wood 350 yuan/ m2, brick-wood-earth 300 yuan/ m2. Wood-earth 220 yuan/ m2. Details of compensation based on assessment of housing quality. Monetary compensation should be given to All non-registered and temporal the owners of houses. New resettlement structures should be compensated in 100 2 28 groups, 577 houses should be built before the old ones yuan/m . PRO, Town RO, House demolition Rural APs households, and demolished. Village committees are in Transition fees are 200 village 2,055 persons yuan/month/household, and paid for 6 committees charge of building the resettlement houses, months. and APs buy them at a price equal to cost Resettlement subsidy: if the area of the (materials and labor costs only). house demolished is below 140 square meters, the subsidy is 400 yuan/household; if above 140 square meters, the subsidy is 3 yuan/square meter. The encourage fee is 3,000 yuan/household.
Not sure until House tenants get corresponding rights Get the moving compensation and PRO, Town RO, detail survey according to the rent contract. They should Tenant transition fees with the same standard village during be helped when finding new house to rent above committees implementation and get relevant information in advance.
(1) APs are compensated according to the Standard cost of house replacement is: PRO, District 19 Private and 2 24 Units, a total of compensation standard; (2) Business Brick-concrete 500-800 yuan/sq.meter, Relevant state 9,708 square owners are compensated for the shutdown brick-wood 350 yuan/ sq.meter, Department,
businesses and meters; 68 according to the building construction area. brick-wood-earth 300 yuan/ sq.meter. Town RO, 3 institutions employees (3)Owners are given the moving fees and Wood-earth 220 yuan/ sq.meter. village transition fees; (4) Tenants are Compensation for shutdown is CNY 25 committees
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Affected Implementing Type of Losses Entitled Persons Resettlement and Compensation Policy Compensation Standards objects Units compensated for shutdown. (5) Employees per sq.meter month. will be compensated for wages during Wages are 400 -1,800 yuan/month shutdown period. (6) First floor of relocated buildings as small business space is provided for APs selection. (1) Affected group should get the land and resettlement compensation, which should be distributed equally according to the 3,004 amount of registered people in the group. Cultivated land: CNY 21,000 / mu- CNY households, The compensation for the acquired land is 22,000/mu, young plant: CNY 800/ mu, PRO, Town RO, Collectively- 51 groups of 12 10,845 persons1, set according to land acquisition construction and housing land: CNY village owned land villages and 2,697.6 mu of compensation standards. (2) The 21,000 / mu- CNY 22,000/mu, waste committees cultivated land compensation for young crops belongs to land: CNY 4,000/mu. its owner. (3) Rehabilitation measures should be provided to ensure income restoration. Depend on actual The monetary compensation will be given The compensation standard：CNY PRO, Town RO, Temporary land Rural families survey in according to the actual useful year during 1,200-CNY 1,399 per mu for one year will village occupation implementation the project construction. be given to cultivated land contractors. committees Villagers, villages, and other PRO, Town RO, Giving compensation for lost assets or Attachments Owners agencies Details are in Table 4-3. village transplanting fees to the owner of trees according to the committees ownership Other facilities Villagers, villages, The compensation is determined on the The compensation is determined on the PRO, District Owners and special items and other basis of the replacement cost. basis of the replacement cost. Details are Relevant
1 The directly affected persons are 5,058 in 1,377 households. Since land will be readjusted within the group, the number of entitled persons is equal to the total number of villagers in the 51 groups.
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Affected Implementing Type of Losses Entitled Persons Resettlement and Compensation Policy Compensation Standards objects Units agencies in Table 4-4. Department, according to the Town RO, ownership village committees Low-income families, including persons who (1) Help on relocation will be given to have an annual vulnerable HHs through village PRO, District income less committees. Setting up a fund of CNY 30,000 to help Relevant Vulnerable than CNY 1000; (2) Village committees take the the vulnerable groups. Every relocated Department, groups families with at 28 households responsibility of offering transitional houses HH with MLGL will receive a living Town RO, least one to vulnerable HHs if transitional period subsidy of CNY 1,000. village disabled; exists. committees families with (3) Vulnerable households will have priority only aged for replacement farmland. people; families with single parent
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V. PUBLIC PARTICIPATION AND CONSULTATION
113. In the decision process of the planning, design and implementation of the Project, the ZGDFLMC and ZPMO took the opportunities of socioeconomic surveys and social effect evaluation to propagandize the background information of the Project in various ways, made consultations with all kinds of APs and discussed their common concerns. The public participation and consultation provided a basis for the improvement of the RP.
5.1 PUBLIC PARTICIPATION AND CONSULTATION ACTIVITIES PERFORMED
114. As to all significant topics for discussion involved in the planning stage of resettlement, PO has organized design organizations, consultant organizations, local ROs and affected population to disclose information and conduct public consultation in various ways. Main disclosure and consultation activities so far are shown in Table 5-1. Most APs agreed to the current compensation standards and land readjustment.
Table 5-1: Main Activities of Resettlement Information Disclosure and Consultation
Content of No. of No. Time Disclosure and Participants Organizer Participants Consultation 1 2010.8 － Optimization of CSCEC AECOM Consultants Co. Ltd, 35 GDFLMC 2011.2 project design Ganzhou District of Foreign Loans scheme Management Committee (GDFLMC), Representatives from local villages groups and AP. 3 2011.3－ Amount of LAR GDFLMC, Affected Enterprises and 150 GDFLMC 2011.5 impacts Institutions, Affected Villages 4 2011.3－ Compensation GDFLMC, Representatives from local 38 GDFLMC 2011.5 rate for land villages groups and AP. requisition 5 2011.3－ Compensation GDFLMC, Affected Enterprises and 120 GDFLMC 2011.5 rate for houses Institutions, Representatives of AP 6 2011.3－ Social effect of GDFLMC, Resettlement Counseling 130 GDFLMC 2011.7 the project Experts Group, AP, Affected Enterprises and Institutions 7 2011.3－ Resettlement GDFLMC, Resettlement Counseling 65 GDFLMC 2011.7 mode and desire Experts Group, AP 8 2011.3－ Resettlement GDFLMC. Affected Enterprises and 65 GDFLMC 2011.7 policies Institutions.
9 2011.3— Negotiation on GDFLMC, AP. 35 GDFLMC 2011.7 resettlement locations2
2 The negotiation of resettlement locations have taken place and all new housing will be constructed in the original villages of the APs
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Content of No. of No. Time Disclosure and Participants Organizer Participants Consultation Resettlement of GDFLMC. Affected Enterprises and GDFLMC 2011.3－ 10 enterprises and Institutions. 30 2011.7 institutions
5.2 FEEDBACK ON PUBLIC PARTICIPATION AND CONSULTATION
115. From May to July 2011, the GDFLMC carried out socioeconomic surveys for affected population, generalized and summarized the opinions and advices put forward by them, timely fed back to engineering design organizations, and fully considered and absorbed these opinions and advices when formulating the RP. Feedback on public participation and negotiation up to now is shown in Table 5-2.
Table 5-2: Feedback on Public Participation and Consultation
Item Problems Reasons and Results Measures for Improvement Land The road project will It makes residents lose Try to avoid or reduce the compact requisition demolish some original houses, affecting districts of houses passed through in and houses. their daily life. the design of the project. Project relocation design should try to implement on the current base, reduce scale of land acquisition and house relocation Most of APs haven’t Relocated HHs and tenants Determine the affected scope as soon received relevant will be affected and might as possible and inform affected information of the be able to arrange their own population of them timely,so relocated project through living timely. HHs can build new houses timely and formal channels, tenants can arrange their living in especially for advance. definite LAR time. At the same time, it is advised that relevant information of the project should be widely spread to give affected population profound understanding and sufficient knowledge in popular ways, such as broadcast, television, local drama, song, regular meeting, etc. Compen- The masses are The compensation and The resettlement divisions should sation concerned about allocation of the funds are disseminate relevant compensation funds the compensation related to living support of rate before the construction and make and allocation of the relocated HHs. the masses well-informed. funds. Allocation mode of Some residents worry that It is advised that strict institutional and compensation compensation funds won’t financial disclosure should be funds. be allocated fully or will be implemented, such as disclosure of held back. compensation rate, measurement size, evaluation grade, etc. After the determination of compensation funds, they should be posted for disclosure and subject to the participation and supervision of affected population. House compensation is directly allocated to the peasants in the form of
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Item Problems Reasons and Results Measures for Improvement bankbooks. Land compensation is disbursed to village groups first, and then to affected households equally after farmland readjustment. Village collective or groups will not retain any compensation for farmland. Public The construction of The project construction will Try to reduce damages to existing facilities the Project will cause damage to original public facilities; maintain damaged and cause damage to power and communication public facilities or change their courses environ- infrastructure to facilities (e.g. wire stands, in the process of construction to avoid ment different extents. transformers and unnecessary conflicts. Try to repair and communication rebuild damaged public facilities as transmission towers) to well as power and communication some extent. Water supply facilities. facilities and access roads of some residents and enterprises are also involved, which exerts negative influence to production and residents’ living. Noise pollution Because traffic on roads Construct green belts at both sides of causes a lot of noise, the road during the project normal work and rest of the construction; in special road section, residents living near to sound-insulated wall may be set to roads will be affected. reduce noise. Auxiliary Some auxiliary Traffic facilities for crossing It is advised to build pedestrian bridges facilities facilities are to be the road. or underground passages in places established. where there are schools or the population is dense. Mass Let APs take part in Let APs share project To hand out resettlement manuals and participati each cycle of the benefits and promote the establish channels for complaints and on project. enthusiasm of local feedback, for instance, hot line for governments at all levels complaints and suggestion boxes. To and the masses. set up a consultative system. To hold as many as possible consultation meetings participated by project office, street offices, and representatives of villagers’ committees and APs.
5.3 CONSULTATION PLAN WITH AFFECTED POPULATION
116. With the continual advance of the preparation and construction of the Component, GDFLMC shall carry out further negotiation activities. Main contents of negotiation include:
¾ Concrete opinions of APs on the engineering design. Before the construction, GDFLMC shall inform the APs along the lines of the design information and the specific effects of the project. At the beginning of the construction, GDFLMC will implement exploratory survey along the lines and determine the concrete positions and sizes and so on of structures. For places with which the masses aren’t very satisfied, GDFLMC will organize the design department again to revise the design on the premise that engineering standards are met. ¾ Arrangement of compensation for relocated households and payment procedures.
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¾ Measures of enterprises and institutions for avoiding being affected and recovering. ¾ How to rehabilitate electricity and water supply functions affected during the construction period. And ¾ Other problems concerned by APs. 117. See Table 5-3 for time arrangement for further consultation meetings of ROs at all levels and APs. According to work arrangement of the Resettlement Division, district and street offices, villages (communities) will hold consultation meetings and report relevant situations to the Resettlement Division. Besides participating in the consultation activities organized by the Resettlement Division, monitoring departments also should hold meetings on other monitoring problems and collect the complaints and suggestions of APs, and then provide monitoring information to land acquisition departments at all levels.
Table 5-3: Time Arrangement for Consultative Meetings with APs
Content Time Attendees GDFLMC, design department, independent July 2011- Comments on engineering design monitoring institution and representatives of November, 2011 APs GDFLMC, design department, independent Resettlement mode and concrete July 2011- monitoring institution and representatives of implementation plan November, 2011 APs The whole period of GDFLMC, Affected villages, independent Rehabilitation of electricity and project monitoring institution and representatives of water supply implementation APs The whole period of Resettle offices at all levels and independent Problems occurred during the project monitoring institution, Affected villages and project implementation implementation representatives of APs The whole period of Collection of suggestions and ZGDFLMC, and independent monitoring project complaints institution implementation
5.4 METHODS OF CONSULTATION OF AFFECTED POPULATION DURING PROJECT IMPLEMENTATION
5.4.1 Direct Meeting
(i) APs meeting Meetings with representatives of APs or village cadres should be held to collect their key problems and ideas for which the opinions from local government and RO should be obtained.
(ii) Affected enterprises and institutions consultative meeting For relocation site, compensation ratio, etc. concerning enterprises and institutions, consensus should be reached with their legal persons or representatives through negotiations.
(iii) Consultation meeting on district-level land acquisition
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Consultation meeting on LAR should be organized jointly by subcomponent ROs and held separately. Organize APs to visit the resettlement location and auxiliary facilities for the convenience of their selections. And collect their opinions to improve the RP. After the meeting, relevant personnel should visit APs and the latter should sign Resettlement Compensation Agreement through full negotiation.
5.4.2 Indirect Consultation
118. APs may reflect their complaints, ideas and suggestions to village (community) committee and resettlement and monitoring departments at all levels. The ROs should feedback relevant handling ideas.
5.5 INFORMATION DISCLOSURE
119. In order to let all APs understand in time and thoroughly the resettlement policy and implementation of the project so that resettlement can be carried out openly, fairly and transparently, resettlement agencies at all levels will adopt the following measures:
(i) Before April 30, 2012, the resettlement policy and standard will be published in Zhangye Newspaper or other media; (ii) Each affected village/community should disclose its situation of affected population, compensation rates, resettlement measures, and complaint and appeal channels, and so on in the presence of cadres of village/community, or in other public places; (iii) the RP for the Project will be available at the PO, to which all displaced population may refer at any moment; (iv) Provide one Resettlement Information Booklet for each household affected before April 30, 2012. 120. The following will be listed in detail in the Resettlement Information Booklet: the situations of various affected families, proper compensation policy and compensation rates, project progress, procedures for solving dissatisfactions and complaints of APs. The booklet will be issued to AP after the RP is approved by the ZGG and ADB, and its pattern is as shown in APPENDIX I. The RP will be posted on ADB Website in compliance with the ADB’s Safeguard Policy Statement (June 2009) after approved by the ZGG, and reviewed by ADB.
121. The various types of compensation standards listed in this RP, which are based on the profound investigations, the laws and regulations of Gansu Province and PRC and the ADB’s Safeguard Policy Statement (June 2009), aiming to rehabilitate and improve the AP life in the short term, are developed after the consultation of the affected enterprises and institutions, local inhabitants and local government. These standards take the full consideration of the various implementing construction projects and the operability of the future construction process.
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VI. IMPLEMENTATION PLAN FOR RESETTLEMENT AND REHABILITATION
6.1 OBJECTIVES AND PRINCIPLES
6.1.1 Objectives of resettlement and rehabilitation
122. In accordance with the policies on involuntary resettlement of ADB and the requirements of relevant national laws and regulations, the overall objective of the resettlement of the Project is to rehabilitate as soon as possible and improve as much as possible the living conditions and production of affected population and enterprises and public institutions. The concrete objectives are as follows:
(i) Affected households will obtain compensation calculated by replacement cost, and the area, structure and living environment of their reconstructed houses may reach and exceed the levels prior to relocation; (ii) All kinds of attachments to the ground affected are compensated by replacement cost; (iii) Public buildings and special facilities are compensated by replacement cost and may be rehabilitated to their original status; (iv) After reconstruction of enterprises, their production scale and capability as well as employment of employees will not be affected. No labor force in affected enterprises will lose their jobs permanently; (v) Public facilities and environment of affected communities will be rehabilitated to their original status and even improved; (vi) Rural labors whose land is acquired will be compensated, and their income will be maintained and increased through improve agricultural production structures and conditions. No farmers will lose their livelihood due to the land acquisition; and (vii) With full consideration of land loss completely due to the new district construction in future, concrete social security measures including skill training, local employment introduction and assistance, local enterprise and businesses development and assistance, and urban pension program, etc. should be applied in a staged manner. Livelihood training in non-farm occupations will commence under this project to begin the villager’s transition to urban residents.
6.1.2 Principles of Resettlement and Rehabilitation
123. Following principles shall be adopted during the resettlement and rehabilitation implementation.
¾ APs will participate in the whole process of resettlement. 124. For issues including compensation rates of houses and facilities, selection of sites of resettlement, schedule of relocation, schedule of rehabilitation, fund disbursement, and measures for rehabilitation of production and operation, APs or their representatives must be involved and consulted with to reach an agreement. Symposia of representatives and consultation meetings of affected residents or affected villagers will be held.
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¾ Compensation will be provided to the APs in accordance with the provisions of this RP. 125. Set up special account for compensation fund to keep any unit, individual or villagers’ committee (community) (including every district, township and street) from retaining compensation fund.
¾ Compensation for houses, special facilities and attachments to the ground will be calculated by replacement cost. 126. The amount of compensation shall not be retained by officials, depreciated or levied taxes. The compensation obtained by property owners must be calculated by the publicized rates. All the property of originally built structures shall belong to property owners, any unit or individual has no right to claim them. The residual value of surplus material left after relocation or the depreciation of original property shall not be deducted from compensation.
¾ Help and care will be offered to vulnerable groups. 127. Vulnerable families should be given priority in selection of resettlement housing, offer of information on resettlement housing, supply of low-rent housing, and purchase price of affordable housing; and in employment opportunities created in the process of project implementation, distribution of service networks at resettlement sites, etc.
¾ Compensation for acquired houses, land and other properties shall be calculated according to full replacement cost. 128. The calculation of full replacement cost will be based on fair market value, transaction cost, accrued interest, transition and restoration cost and other potential reasonable costs. Affected families due to demolition will be given preferential treatment when they buy the relocated houses provided by the government.
¾ The purpose of the Project is to promote urban development in the future. Therefore, the local farmers will lose part of their lands because of the Project at this time but will experience future city expansion and lose more land. 129. ADB’s Safeguard Policy Statement (June 2009) requires the borrowers to evaluate the future impact of involuntary resettlement. Considering that the farmers are likely to lose all lands, a livelihood restoration plan will be designed for them. The ZMG promises that similar compensation standards will be adopted when the land of families is acquired in the same village due to future expansion of the city.
¾ All affected shops/enterprises (licensed or not), regardless of forced relocation or not, shall obtain compensation for loss of earnings according to full replacement cost. 130. Their livelihood will also be restored or improved. The compensation and restoration measures will make sure the living standard of all affected shops/enterprises shall be improved.
6.2 THE RELOCATEES’ WILLINGNESS OF RESETTLEMENT
131. In order to ensure the process of resettlement and establish a procedure of public
87 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project participation and consultation for APs, the ZGDFLMC conducted the investigation, workshop, and hearings with relocatees in terms of compensation policies, housing site selections and their willingness and advice. The relocatees’ willingness of resettlement is summarized below.
132. The Project will affect 2,055 people from 577 rural households due to house demolition. 565 households are going to use centralized resettlement, and 12 households are going to use scattered resettlement. Especially, 16 households are going to be offered low-income affordable apartments which they can only pay cost price. The 16 households could purchase smaller affordable apartments in their own circumstances. They also can select better housing if they have the means.
133. For centralized resettlement, the ZGDFLMC is responsible for cooperating with local governments to build housing estates for the resettlement. The basic principle is to standardize the residential building program, hold to equity, fair, publicity, transparency and people’s satisfied with it. In accordance with public participation to develop specific implementation plans, details will be sorted out after discussions with representatives of villagers. The APs accept the concept of centralized housing but will need facilities to support their continued farming activities.
¾ Organization and leadership 134. Leading group of housing estates for resettlement will be constituted by election according to the principle of public participation, and it will specifically responsible for the work of community construction. The leader of the group will be the chief of Xindun Town, village leaders and representatives of the masses.
¾ Site selection of housing estates for resettlement 135. Site selection of housing estate for resettlement has to be in accordance with Zhangye Urban Planning, and will affect people and units which possess the original land tenure. After the land selection procedure, it will report to the Zhangye Municipal Land and Resources Bureau for approval to commence land acquisition for the resettlement site, design and construction of facilities and buildings. Construction of new houses or apartment buildings will be commenced before demolition of existing houses.
¾ Planning and financing new house construction 136. According to discussion and consultation with affected villages and representatives of villagers, and combined local development plans, following resettlement options are planned.
(i) Centralized Relocation and Construction of Apartment Buildings. The total area of housing estates for resettlement is 68 mu, 13 resettlement buildings, 565 households for Centralized resettlement. The new buildings is distributed in the original villages, and are about one to two kilometers far from existing houses of APs. 5 kinds of apartments in about 50, 76, 80, 95 and 112 square meters, respectively, are identified in accordance with opinions of the majority of APs. Based on CNY1,500 per square meter of direct cost (cost for materials and
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labor only) of buildings in Zhangye in 2011, the apartment price above different sizes is CNY 75,000, 114,000, 120,000, 142,500 and 168,000, respectively. Because the area of houses to be demolished is relatively big, affected households can receive about CNY 90,000. In addition, the quality of new apartments is much better than what they have now. All affected households can afford new apartments.
(ii) Scattered Resettlement. 12 HHs in Bayi village will receive housing slot of 0.3 mu per HH freely, and build their new houses according to local plans. Village committee will provide assistance when affected HHs require. Affected HHs can use all of materials from their existing houses to build their new houses if necessary. They can build their houses with house compensation.
(iii) Affordable Houses. 16 affordable houses/apartments will be provided to low income HHs. Ganzhou Government promises to provide new apartments to all vulnerable people (16 households affected by house demolition). The affected HHs can receive new apartments first if the housing compensation is lower than the actual construction cost. And then they can pay the remaining later. The GDFLMC is responsible for financing the buildings.
¾ Project bidding 137. Resettlement building construction and the related infrastructure project are going along according to Law of People’s Republic of China on Bid Invitation and Bidding and Gansu provincial Tendering Law, and under the supervision of Zhangye City Supervision Bureau and the Urban Construction Bureau. Zhangye Bid Message Centre took charge for tendering. During tendering the leadership group, supervision group and representatives of the masses are going to participate in the hearing of witnesses, by which to insure equity, fair, publicity and transparency.
¾ Quality management 138. Adhering to the guideline of "quality first, elaborate construction”, villages retain the appropriate supervision company to quality supervision. Each village will retain a person who is familiar with building to join in the supervision of the project, in order to insure best quality works for people feeling comfortable to live.
¾ Capital management 139. Funds for resettlement building have to be managed by a special account. All expenses for resettlement building are going to be supervised by construction leading group leader, and signed by all members of group except the leader. After the completion of resettlement building, there will be a hearing for funds utilization and final settlement. Village project construction leading group will report on the progress resettlement building, the utilization of funds and so on to AP representatives. Every quarter, the condition of the use of funds will be put in the public, and accepted supervision by the masses.
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¾ Floor allocation scheme 140. After the completion of resettlement building, the building construction leading group will organize meetings to determine the floor allocation scheme, following the principle of equity, fair, publicity and transparency, they will draw floor lots. After the floor plan is determined, in the publicity, they will accept supervision by the masses and listen to the opinions of the masses
¾ Property management 141. After the completion of resettlement building, all tenants will convene conferences composed of representatives, to discuss the housing estate property management, establish the relevant regulations of property management, and vote a management committee or owners of Property Management Company set up under the village committee.
¾ Program approval 142. Zhangye Municipal Land and Resources Bureau will examine and approve the use of housing estates for resettlement. Zhangye Municipal Planning Management Bureau will examine and approve the site selection of resettlement area construction project. Ganzhou Development and Reform Commission will register the resettlement area construction projects. Relevant construction taxes will be excluded, and direct cost of apartments is not more than 1,000 CNY per square meter based on the cost of 2011 buildings.
143. The housing resettlement plan is shown in Table 6-1. Given the expectations of further land acquisition in the future, centralized resettlement approach is necessary to avoid moving people twice in the future. According to the current plan, new resettlement buildings will be constructed in 2012 and completed in June 2013.
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Table 6-1: Plan of the Resettlement of Residents
Affordable Centralized Scattered room resettlement resettlement placement Village/ Location of relocated House House Housing Group Household Population Household Household Household enterprise housing site area site area price Household Population Household mu Household mu Household Beiguan Resettlement Area of 1 20 75 Village Beiguan Village Resettlement Area of 2 4 13 100 11.6 4 cost price Beiguan Village Resettlement Area of 3 13 45 Beiguan Village Resettlement Area of 4 20 71 Beiguan Village Resettlement Area of 5 43 144 Beiguan Village Xiguan Village 6 26 82 Group 6 of Xiguan Village 4 cost price 7 10 34 Group 6 of Xiguan Village 85 9.86 8 49 177 Group 6 of Xiguan Village 9 14 47 Group 1 of Xiguan Village 14 1.62 Nanzha Village 4 4 17 Group 4 of Nanzha Village 4 1.2 8 2 7 Group 8 of Nanzha Village 2 0.6 Nanhua Village 6 3 10 Group 6 of Nanhua Village 7 35 118 Group 6 of Nanhua Village 98 11.37 8 8 33 Group 11 of Nanhua Village 9 60 219 Group 6 of Nanhua Village
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Affordable Centralized Scattered room resettlement resettlement placement Village/ Location of relocated House House Housing Group Household Population Household Household Household enterprise housing site area site area price Household Population Household mu Household mu Household 10 10 35 Group 11 of Nanhua Village 18 2.09 Qingsong 2 40 132 Group 3 of Qingsong Village 2 cost price Village 3 27 101 Group 3 of Qingsong Village 67 7.77 Liuquan Resettlement Area of 1 30 113 Village Qiuquan Village Resettlement Area of 2 16 66 52 6.03 1 cost price Qiuquan Village Resettlement Area of 3 6 22 Qiuquan Village Resettlement Area of Baita Baita Village 5 14 48 47 5.45 6 cost price Village Resettlement Area of Baita 6 33 120 Village Chengerzha Group 1 of Chengerzha 1 24 74 Village Village Group 1 of Chengerzha 2 22 79 68 7.89 Village Group 1 of Chengerzha 5 22 85 Village Huaer Village 5 10 43 Group 5 of Huaer Village 10 3 Bayi Village 7 12 45 Group 7 of Bayi Village 12 3.6 0 Total 577 2,055 565 68 12 4 17
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6.4 RESETTLEMENT AND REHABILITATION OF AFFECTED HOUSEHOLD ENTERPRISES AND INSTITUTIONS
144. The project will affect a total 19 household enterprises, 3 local institutions, and 2 state plants (shutdown already), 69 employees, and 9,708 square meters of structures dispersed in each sub-component affected area. The land and structures used by the household enterprises and institutions are owned by the village collective, who built these structures for renting. According to the field investigation, the affected structures are divided into two kinds: one kind is non-productive, non-working facilities and buildings, such as toilets, electricity distribution room, unused buildings; such facilities are directly compensated in cash, or restored during construction so that it has no damages to the surrounding population .The second kind is productive and working enterprises. The 20 enterprises requiring whole demolition are leasing businesses, so the alternative sites for business operation should be arranged before the demolition. There is no transition period and actual business losses except for the moving time, the cost of which is covered by using the fees for relocation. Additionally, most of the affected enterprises are only engaged in small-scale business, they are easy to find and move to new alternative sites. Chemical fertilizer plant and farm chemical company have stopped their production. They agreed to provide the land for the Project after clarifying and disposing their assets.
145. According to the above analysis, structure demolition has minor effects on business activities. Enterprises and employees don’t suffer any loss. The enterprises will obtain relocation subsides. Business income and employee wages will not be reduced; should any losses occur, the owner or employee will be entitled to compensation. GDFLMC will help APs obtain house sites for relocation and production, and ensure the entire process.
146. Among 24 affected household enterprises and institutions, Nanhua Village Committee and Beiguan Village Neighborhood Committee will be reconstructed. The two chemical plants have stopped their production operation and will sell their assets. Other 20 household enterprises and institutions will continue their businesses in the nearby residential resettlement area. They will receive first floor of apartments for opening their businesses. They also can receive compensation of CNY 25 per square meter for suspending their business, and CNY 400 per enterprise for moving. Resettlement and Rehabilitation Plan of Affected Household Enterprises and Institutions is shown in table 6-2.
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Table 6-2: Resettlement and Rehabilitation Plan of Affected Household Enterprises and Institutions
Type of Property of House Formal Temporary Operating Annual Wage Resettlement Road Land Area Workers business business Area workers workers condition turnover rate Plan/Site Male Female Subtotal （m2） （m2） person person person person person yuan yuan/ month Beierhuan buffet private 36 30 1 1 1 normal 16,000 700 settlement Road operating allowance of Beiguan Village buffet private 25 20 1 1 1 normal 18,000 800 settlement allowance of Beiguan Village restaurant private 46 40 1 2 1 2 3 normal 40,000 1,200 settlement allowance of Beiguan Village bazaar private 38 33 1 1 1 normal 20,000 700 settlement allowance of Beiguan Village chemical State-owned 11559 1334 10 4 10 4 14 stop disposition of fertilizer plant production resources Zhangye State-owned 2668 5780 15 8 10 13 23 stop disposition of Nongyou production resources Chemical Company Juyan Road buffet private 36 34 1 1 1 normal 15,000 600 settlement operating allowance of Beiguan Village
Nansanhuan salesroom private 32 30 1 1 1 normal 16,000 650 Group 1 of Road Chengerzha Village Gaotai Road buffet private 40 36 1 1 1 normal 18000 700 Qingsong Flour private 685 680 1 1 1 normal 50,000 15,000 Qingsong
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Type of Property of House Formal Temporary Operating Annual Wage Resettlement Road Land Area Workers business business Area workers workers condition turnover rate Plan/Site processing Nanhua Village 870 860 2 1 1 2 3 Rebuild Committee health-center 62 60 1 1 1 1 2 normal 30,000 1,500 Qingsong Yonggu Road buffet private 35 32 1 1 1 normal 16,000 700 Huaer Minle Road store private 40 38 1 1 1 normal 14,000 600 Group 6 of Xiguan Village Xuefu Road buffet private 38 35 1 1 1 normal 12,000 500 settlement allowance of Baita Village
bazaar private 36 34 1 1 1 normal 17,000 700 settlement allowance of Baita Village
Barber shop private 34 33 1 1 1 normal 36,000 1800 settlement allowance of Baita Village
Supermaket private 85 82 2 1 1 2 normal 68,000 1300 settlement allowance of Baita Village
Beiguan Village 266 360 3 2 3 2 5 Rebuild Committee Xinchengbei buffet private 32 28 1 1 1 normal 15,000 600 Group 6 of Road Xiguan Village Liaoquan salesroom private 38 35 1 1 1 normal 13,000 500 Group 6 of Road Xiguan Village Minghai Road buffet private 30 26 1 1 1 normal 13,000 500 Group 6 of Xiguan Village
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Type of Property of House Formal Temporary Operating Annual Wage Resettlement Road Land Area Workers business business Area workers workers condition turnover rate Plan/Site Banqiao buffet private 32 30 1 1 1 normal 14,000 600 settlement Road allowance of Beiguan Village
Wulan Road salesroom private 40 38 1 1 1 normal 12,000 400 Group 6 of Xiguan Village
Total 16,803 9,708 34 35 44 25 69 453,000
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6.5 REHABILITATION OF THE LIVELIHOOD CONDITIONS OF FARMERS AFFECTED BY LAND ACQUISITION
6.5.1 The Overall plan
147. Resettlement plan fully reflects the participatory approaches and concepts. Resettlement policies are as follows: to respect the wishes of the APs and to maintain their existing production and livelihoods. According to the survey and consultation with local APs, compensation for land acquisition and resettlement will be provided by the Project according to relevant policies and regulations. The compensation will be disbursed to each affected group and then be allocated averagely to all households in the group after the group’s farmland is readjusted or reallocated to each household in the group. The APs can use the compensation to improve existing agricultural conditions and irrigation systems that belong to each household, or invest in other sidelines or non-agricultural production activities.
148. The resettlement and restoration principals are formulated from the policy as follows:
(i) The resettlement planning is based on physical indicators of land acquisition and demolition and the compensation for land acquisition and subsidy criteria. (ii) Resettlement, combined with regional development, resource development, economic development and environmental protection, reflects the sustainability of the development of local economy and the affected farmers. Taking into account the local natural and socio-economic conditions, practical RP should be formulated to restore and develop production, and create basic conditions for long-term sustainable development. (iii) Resettlement plan should be formulated in accordance with the "benefit production and facilitate livelihood" principle. (iv) Consider fully and broadly, handle the relationship of the state, collectives, and individuals correctly. And (v) APs meet or exceed the original standard of living by way of making full use of local natural resources, building irrigation facilities, reclaiming land, improving land quality and strengthening agricultural strength. 149. According to APs’ advice and suggestions, combined with the actual situation of the affected areas, the basic recovery plan is determined as follows:
(i) Try to resettle APs in the same village they are living now so that they can keep the original way of life and production as well as social relationship, recover and improve their production and income levels after land acquisition, and enhance the initiative and adaptation in living and production. All APs will be relocated in their original villages. Zhangye Municipal Government has considered local future development. During project implementation(2012 -2015),, ZMG cannot acquire all farmland in the project and thus project APs cannot be transformed to urban residents, because they will still have land to cultivate. About half of farmers will still work on farmland, while others can work on non‐farm. ZMG has a plan to train APs in skills for non‐farm employment and has implemented training plan for many years. More and more farmers leave farmland and earn salary in other sectors and ZMG will ensure a smooth transition of livelihoods from rural to urban.The households affected by land acquisition can
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get land compensation and resettlement fees. The compensation fund will be disbursed to affected groups, and then to each household of the groups after the remaining farmland in the groups is readjusted.
6.5.2 Rehabilitation measures for APs’ production
150. In the project impact survey and resettlement planning process, by using participatory methods of work, the resettlement planning group held meetings with the leaders of town and village involved and consulted with representatives on proposed compensation policies and rehabilitation measures.
151. Impacts of land acquisition vary from village to village. Therefore, the livelihood rehabilitation plan should be based on the degree of impacts, the availability of remaining land resources and the willingness of the APs. Land compensation fees and resettlement subsidy will be disbursed to affected groups directly and then distributed averagely to each household after land in the groups is readjusted, which will reduce land lose of the direct APs and enable them increase income levels according to their different family characteristics.
152. In the process of land acquisition, the land administration department will distribute regulations and standards of land compensation and resettlement fees and will hold resettlement compensation hearings. GDFLMC willhandle land acquisition procedures as per the regulations. After the land acquisition application is approved, Zhangye Ganzhou Land and Resources Bureau will process land acquisition documents according to the regulations of the land acquisition procedures, and sign an agreement for the land acquisition with affected village groups, and make it public.
153. As indicated in Table 2-5, the land acquisition for the Project will acquire a total of 2,231.36 mu of farmland, affecting a total of 3,004 households from 51 groups of 12 villages and with average land loss being 15.2%. The total affected 3,004 households will lose 15.1% of their total farmland in average. Among them, 1,259 households or 41.9% of affected households will lose less than 10% of their land holding; 1,459 households or 48.6% of affected households will lose 10-30% of their land holding; 231 households or 7.7% of affected households will lose 30-50% of their land holding, averaging losing 7.7%; 55 households will lose 50-70% of their land holding. Before the land acquisition, they have 5.3 mu of farmland in household average, or 1.5 mu per capita. After the land acquisition, they remain 4.94 mu of farmland in household average, or 1.4 mu per capita.
154. According to the relevant regulations of national and Zhangye City, the compensation standard is 21,000 yuan /mu for the cultivated land. If the compensation is saved in banks, the APs can receive bank’s annual interest income more than the annual loss of agricultural income due to their land loss, assuming an annual income loss of 680 yuan/mu and annual interest rate of 3.5%. However, the objective of resettlement planning is to invest the compensation in alternative livelihoods so APs will be able to generate higher and sustainable incomes to keep pace with rising cost of living and narrow the gap with urban residents.
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155. As a result of project construction and urban development, there will be more companies to invest the project area, thus it will provide more employment opportunities. Through this project training plan as presented in Section 6.6, the APs’ competition ability will get promotion. If a worker work for 6 months per year, he can get 7,200 yuan income. With the traffic situation improved, their surplus housing can be rented. If the monthly rental of one room is 150 to 200 yuan, the yearly rent will be 1800 - 2400 yuan.
156. Through consultation with the affected villagers, a detailed economic recovery plan is proposed. This includes: (i) improve the planting structure and choose special seeds to increase production, such as corn and wheat, and replant higher value cash crops, such as fine vegetables; (ii) non-farming activities, such as Happy Farmers restaurants and shops faced to streets; and (iii) deposit compensation into bank for interest, which is a possibility for older farmers. The affected households’ resettlement scheme is shown in Table A3 in Annex I. As shown in Table A3-1 to Table A3-4 in Annex I, after the compensation and resettlement, net income of affected households will be higher than that before the land requisition.
(i) Rehabilitation measures for those who lose land less than 10% (1,259 households):
¾ The affected farmers will receive land compensation (CNY 21,000 per mu) and deposit parts of it in the bank for interest income; parts of it will plant kinds of special planting and investment, of which, 2,516.3 mu will plant corn, 547.0 mu will plant fine vegetables, 3,157.57 mu will plant wheat. In addition, 8 households will use the compensation to develop shops front-house. The gross investment will be 4,228,294 yuan. The net income will be 8,195,600 yuan, and the interest on deposit funds will be 139,128 yuan, so the gross income will be 8,848,728 yuan. Income is 4,353,928 yuan higher than before the land acquisition, so these rehabilitation measures will improve the income of farmers who lose their contracted land. ¾ The conditions for rehabilitation measures those who lose less than 10% (1,259 households) of their contracted land are shown in Table 6-7-1. (ii) Rehabilitation measures for those who lose land in 10%-30% (1,459 households):
¾ The land loss farmers will receive land compensation (CNY 21,000 per mu) and deposit part of it in the bank for interest income, invest part of it to plant kinds of special planting and investment, of which, 2,762.16 mu will plant corn, 552.432 mu will plant fine vegetables, 2,209.728 mu will plant wheat. In addition, 3 households will use the compensation to develop agri-tourism (Happy Farmer House), and 9 households will use the compensation to develop shop front-house. The gross investment will be 4,348,228 yuan. The net income will be 7,430,210 yuan, and the interest on deposit funds will be 772,206 yuan, so the gross income will be 7,430,210 yuan. Income is 7,361,657 yuan higher than before the land acquisition, so this rehabilitation measures will improve the income of farmers who lose their contracted land. ¾ The conditions for rehabilitation measures those who lose less than 10%-30% (1,459 households) of their contracted land are shown in Table 6-7-2. (iii) Rehabilitation measures those who lose 30%-50% (231 households) of their contracted Land:
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¾ The land loss farmers will receive land compensation (CNY 21,000 per mu) and deposit part of it in the bank for interest income, and invest part of it to plant kinds of special planting and investment, of which, 311.075 mu will plant corn, 124.43 mu will plant fine vegetables, 186.645 mu will plant wheat. In addition, 4 households will use the compensation to develop agri-tourism (Happy Farmer House), and 4 households will use the compensation to develop shop front-house. The gross investment will be 1,250,678 yuan. The net income will be 1,175,864 yuan, and the interest on deposit funds will be 252,339 yuan, so the gross income will be 1,942,202 yuan. Income is 1,245,202 yuan higher than before the land acquisition, so this rehabilitation measures will improve the income of farmers who lose their contracted land. ¾ The conditions for rehabilitation measures those who lose less than 30%-50% (231 households) of their contracted land are showed in Table 6-7-3 (iv) Rehabilitation measures for those who lose land in 50%-70% (55 households):
¾ The land loss farmers will receive land compensation (CNY 21,000 per mu) and deposit part of it in the bank for interest income, and invest part of it will plant kinds of special planting and investment, of which, 43.86 mu will plant corn, 29.24 mu will plant fine vegetables, 73.1 mu will plant wheat. In addition, 1 household will use the compensation to develop agri-tourism (Happy Farmer House), and 2 households will use the compensation to develop shops front-house. The gross investment will be 409,698 yuan. The net income will be 228,014 yuan, and the interest on deposit funds will be 119,284 yuan, so the gross income will be 600,048 yuan. Income is 377,008 yuan higher than before the land acquisition, so this rehabilitation measures will improve the income of farmers who lose their contracted land. ¾ The conditions for rehabilitation measures those who lose less than 50%-70% (55 households) of their contracted land are shown in Table 6-7-4.
157. The risk of income reduction of APs will be decreased due to the land reassignment/readjustment within village groups. The procedure of the land readjustment includes (i) determine amount of land to be readjusted and number of APs in a group; (ii) allocate all farmland and remaining farmland to all APs in average in the group; (iii) disburse farmland compensation to all villagers equally within the group; and (iv) keep original contractors with their original farmland as much as possible. With the support of local government (i.e., Labor Bureau), the APs will receive relevant livelihood trainings to improve their agricultural planting structures, develop agricultural business and will be assisted to find employment in local industrial and business areas.
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6.6 Training for farmers who will lose their land
158. The Project is located in the suburban area of Zhangye City. There are a lot of farmers engaged in the secondary or tertiary industry skills. With the city development, more and more farmers will lose their land. Through the training, the APs' employment ability will be improved. The ZGDFLMC and local governments can help them to find new job opportunities in the city development. Through the investigation and discussion, it is found in the labor age for most farmers, they like to learn some useful skills. According to the Gansu Obtain Employment and Reemployment Fund Management Interim Regulations (Gansu Finance [2006] 103), qualified training institutions can apply for a one-time occupation training allowance (exemption). The labor department and other relevant departments jointly designated training institutions and the training institutions for courses. Before the training courses starting, to training courses (including training programs, students, duration and method of training) report to the labor and financial authority. After the training, qualification training institutions can apply for occupation training allowance. According to the plan of Ganzhou Labor Bureau from 2010 to 2014, 1,500 farmers will be trained every year based on situation of surplus rural laborers and local social and economic development . And 50% of them will be women. According to the national relevant policies and regulations, the Project will undertake training to farmers lost land, and they will accept the livelihood restoration on training courses for their new jobs.
159. Before the training, the ZGDFLMC and local governments will conduct a conventional investigation for the needs of affected people. Through the investigation, the ZGDFLMC will choose the appropriate training items and order them. Furthermore, the ZGDFLMC will appraise the effect of training which were done before, and make them better. The content and plan of the training is shown in Table 6-8. The total budget for livelihood training is CNY 1.21 million. The training will be conducted from June 2012 to December 2016. But most courses will be performed in Sep 2012 to March 2014, and the program will be finalized according to the survey of the training needs.
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Table 6-8: Content and Plan of Training for APs
Number of Course Budget (10,000 yuan) Participants Improve the skills for planting 1 500 8 corn and wheat 2 Replanting fine vegetables 500 12 3 Trade craftsmanship training 500 8 4 Develop rural tourism 450 40 5 Drivers 30 5 Industrial enterprise skills 6 To be decided 24 training 7 Services Skills training To be decided 24 1,980 121
At present, based on the investigation during project preparation, the plan are as follows. :
1. Agricultural cultivation training
November, 2012 and December, 2012, 500 people; November, 2013 and December, 2013, 500 people
In the slack season, PMO will work with Zhangye City Agricultural Technology Station ,and provide farming technology training for 1000 farmers, including breeding , cultivation , fertilization training for wheat, potatoes and vegetables, which can increase the yield per unit area , change planting structure and increase farmers' incomes.
2 Construction skills training
February, 2013 and March, 2013 300 people
PMO will work with Human Resources and Social Security Bureau of Zhangye City and Ganzhou District, and provide construction skills training for 300 farmers. The construction industry in Zhangye City and project area has developed quickly, and more construction workers will be needed.
3. Business skills training in Industrial Park,
April 2013 and May, 2013, 300 people
PMO with eco-technology industrial park in Zhangye City, investigate the employment conditions of the business, together with Human Resources and Social Security Bureau of Zhangye City and Ganzhou District, provide employment skills training for 300 farmers in industrial park business, and to help peasant workers to achieve local employment.
4. Service industry skills training
February, 2014 and March, 2014, 500 people
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PMO will work with Zhangye City and Ganzhou District Human Resources and Social Security Bureau, provide employment skills training for 500 farmers in tourist areas, hotels and cleaning services, to help peasant workers to achieve local employment.
Further training will be developed based on the detailed survey of the training needs.
6.7 RESETTLEMENT AND REHABILITATION OF AFFECTED VULNERABLE GROUPS
160. Basic budget of living allowances: Ganzhou District Rural Residents of the minimum living security line is 1,000 yuan3 per person per year. Rural per capita income which is less than 1,000 yuan can receive government subsidies to make up to 1000 yuan.
161. Health insurance for people with low incomes: Ganzhou District of urban low-income families can pay 100 yuan per year of medical insurance (10 yuan by individual, and 90 yuan by government ), rural families can pay 70 yuan of medical insurance per year (20 yuan by individual, and 50 yuan by government), while low-income rural families don’t need to pay the insurance, which is paid by local civil affair bureau.
162. Subsidies Housing and Low-rent Houses for people with low incomes: families without houses (or apartments) or extremely poor or with houses with less than 16 square meters per capita in Ganzhou District are eligible to purchase subsidized housing or rent low-cost housing. A procedure for purchasing subsidized houses includes application, verification and publicity. A procedure for renting low-cost houses includes application, registration and waiting in turn in order to protect the basic living requirements of the low income people. Eligible APs will receive preference to get this type of housing.
163. Ganzhou District will ensure that vulnerable groups can apply to the street/ community administration, in accordance with the relevant provisions approved to receive " Wubao Card"," Low Assurance" or" Disability Certificate", so that they can receive a lot of help in the food purchasing, transportation, and health care. Also, by running welfare enterprises, Ganzhou District will carry out according to the proportion of employment and supporting the self-employment form, helping the disabled employment, take temporary relief and concentrated support and initiate welfare institution and other welfare measures, to provide special care for disabled persons.
164. After years of exploration and practice, Ganzhou district social security system framework has been initially formed. Through the implementation of social security measures, this project will ensure the basic needs of life and living requirements of affected the vulnerable groups are resolved.
165. The RO and village committees will provide special supports for vulnerable people
3 The poverty line is updated to 2,300CNY per person annually in 2012. New number of poor households has not been identified by Zhangye Civil Affairs Bureau yet. The PMO will update affected poor HHs according to new poverty line during the project implementation.
104 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project who will be affected by the Project.
(i) The villager committee will offer laborers to help vulnerable families in resettlement. (ii) The villagers committee will arrange transition houses for vulnerable families if needed. (iii) The families of vulnerable groups have priority in selecting housing area, house type and location of collectively re-constructed houses. (iv) For houses suitable for small business in relocation site, the vulnerable families are given priority to rent them. (v) A total of CNY 30,000 is set up as the supporting fund of vulnerable group and other households who need special assistance. (vi) CNY 1,000 will be disbursed to each family who live under the MLGL as a one-time living subsidy. (vii) Priority for replacement farmland if they have capable workers.
6.8 Specialized facilities for recovery
166. The project impact on professional facilities mainly refers to the electricity, telecommunications and water supply facilities. The resettlement division of the GDFLMC will discuss and consult relocation measures of the facilities with relevant companies or administrative agencies and provide compensation for the facilities based on replacement cost. The construction for rehabilitation of the facilities will be completed before land acquisition in order to reduce any negative impacts on local people..
6.9 Future city development after the resettlement of farmers
167. The purpose of construction of the Project is to promote urban development in the future. Therefore, the local farmers will lose part of their lands because of the Project at this time but will experience future city expansion and lose more land. In this Project, after land acquisition and farmland readjustment in affected groups, the APs still have farmland of at least 0.98 mu per capita. However, ADB’s Safeguard Policy Statement (June 2009) requires the borrowers to evaluate the future impact of involuntary resettlement. Considering that the farmers are likely to lose all lands, a livelihood restoration plan will be designed for them. The ZMG promises that similar compensation standards (rates are adjusted according to local economic development to ensure APs’ restoration) will be adopted when the land of families is acquired in the same village due to future expansion of the city.
168. Economic restructuring: The village collective economic organizations will be transformed into industry and trade companies. Detailed plans will be prepared according to status of land loss and local economic development characteristics of affected villages.
(1) Village collective asset will be changed to share of capital stock
(i) Change village collective asset to capital share to establish companies.
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(ii) Ensure that the villagers have long-term, stable income. People in the village will become the shareholders through purchasing shares. Their current income and welfare will not decrease. Because the stock is a long-term existence and can generate profit, it can be inherited according to the Company Law provisions. (iii) After setting up a company, the villagers become a shareholder of the company though quantify share, according to the law, enjoy the rights, obligations, the interests of the company and the interests of all shareholders, the shareholders can be through the company's general meeting of shareholders to participate in major decision-making. (2) The village collective economic organizations will be transformed into industry and Trade Companies
(i) Land and assets assessment: identified a limited liability company assets. (ii) The establishment of industry and trade limited company: All village’s operating assets, audited, after assessing the net assets (net of social security and public funds) is folded into the industry and trade limited company4. (iii) Determine shares staff. (iv) Determine shares of staff shares. (v) Land belongs to collective all, homestead as the assets of the company. (vi) Establish limited liability company organizational structure and management system. (vii) Developed limited liability company equity incentive policy. (viii) Handled industrial and commercial registration. (ix) Village collective economic organizations develop the articles of association of the company by villager congress through after the implementation. (3) The labor compensation due to land acquisition
The labor resettlement range: (i) At least 18 years of age, labor relations in the village. (ii) Placed the labor force or the parties, is associated with the village signed land to contract. The labor was placed to the established village of industry and trade company employment, wage income. Object: Labor Relations in the village men 18 to 55 years of age, women 18 to 50 years of age in the village. The company will provide jobs to villagers (village shareholders). Local government will support this scheme.
(4) Social security schemes
(i) Endowment insurance ¾ Social security object: Always belongs to village, whole village 18 aged 59 years of age for men and 18 to 54 years of age for women.
4 There are many existing collective companies that have been successfully established in Zhangye City.
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¾ Cover insurance to people as the name of the village company, insurance funds invest all of personal insurance account. ¾ After Staff of village retirement, men over 60 years of age, women over the age of 55 can receive social pension. (ii) The village committee restructure to neighborhood committee. ¾ According to the relevant government regulations, the rural household registration will be changed to urban register, cancel village committee and establish a neighborhood committee. ¾ Original residents and administrative area of the new neighborhood committee will not be changed. Selections of neighborhood committee are produced by community residents. Residents’ registration will be changed from rural registration to urban registration (Hukou). ¾ Through the above measures, ensure the development in city after the affected village income level and living quality have bigger rise.
6.10 SCHEDULE OF RESETTLEMENT AND REHABILITATION
169. The civil engineering of the Project is planned to be commenced in December 2012. In order to guarantee that affected population and organizations will be properly resettled, construction of new relocation houses or apartment buildings will commence before existing house demolition. See Table 6-9 for the schedule of all kinds of resettlement activities.
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Table 6-9: Schedule of Resettlement Activities
2011 2012 2013 2014 2015 2016
Activities Month month quarter quarter quarter quarter 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 I II III IV I II III IV I II III IV I II III
A. Project Procedure 1. Feasibility study preparation and approval 2. Preliminary design and detailed design 3. Preparation of bidding documents 4. Engineering tendering process & signing contract 5. Civil work construction from commence to completion B. Planning of Land Acquisition and Resettlement 1. Land use approval 2. Finalize the scope of LAR 3. Conduct socioeconomic survey 4. Establishment of cut-off date 5. Determine compensation standards 6. Prepare the RP 7. Conduct detailed physical measurement 8. Identify and confirm poor and vulnerable AP 9. Finalize compensation/resettlement policies 10. Institutional setup
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C. Permanent Land Acquisition and Resettlement 1. Hold mobilization meetings and publicize policies 2. Announce public notification 3. Negotiate and sign contracts 4. Disburse compensation payment & acquire land 5. Construction of resettlement infrastructure & houses 6. House demolition notification 7. Selection of housing size 8. Allocation of housing unit 9. Decision of payment scheme 10. Decision of relocation timing 11. Final move to the new resettlement site 12. Grievance redress after each stage & agreement 13. Demolition of existing houses after construction of new houses commences. D. Livelihood and Income Restoration 1. Employment of AP in the Project construction 2. Implementation of measures to increase income of AP 3. New skill training 4. Institution, enterprise and shop rehabilitation E. M&E 1. Establish internal monitoring system 2. Engage monitoring agency 3. Approve TOR by ADB
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4. Training of resettlement staff 5. Monitor LAR activities 6. Monitor income restoration programs 7. Conduct external evaluation
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VII. BUDGET AND MANAGEMENT OF RESETTLEMENT
7.1 COMPOSITION OF RESETTLEMENT FUND
170. The resettlement budget of the Project is mainly composed of six parts, i.e. land acquisition compensation, house relocation compensation, specialized compensation for rehabilitation and conversion, administrative cost, other relevant costs, and contingency.
7.1.1 Land acquisition compensation
171. Land acquisition compensation is calculated according to the compensation standards of Zhangye City. Refer to Table 4-1 for more details.
7.1.2 House relocation compensation
172. House relocation compensation includes:
(i) Compensation for rural private houses This is calculated according to floor space and compensation rates of rural private houses. House prices will be calculated by estimating the replacement cost.
(ii) Compensation for demolished buildings of rural enterprises and public institutions This is calculated according to the type and floor space of buildings to be demolished of enterprises and public institutions. House prices will be calculated by estimating the replacement cost.
(iii) Bonus for moving on time (iv) Moving allowances and transition allowances (v) Operating losses for enterprises.
7.1.3 Specialized compensation for rehabilitation and conversion
173. Compensation for the ground attachments and public facilities of private households, enterprises and institutions are calculated according to the actual number of survey and the compensation standard.
7.1.4 Administrative cost
174. Administrative cost is 2% of compensation fee for houses relocation and specialized compensation. It is mainly used for various house demolition related costs, such as: institutional strengthening, organization and coordination, internal monitoring, foreign affairs and official reception, job training, rewards for land acquisition and resettlement project implementation progress, information gathering and dissemination, preparation, purchase of
111 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project office building, temporary office building rental, staff salaries and benefits of social security, vehicle purchase and use, vehicle maintenance, communications, office and daily management, etc.
7.1.5 Other relevant costs for resettlement
175. It is mainly some other costs incurred during the preparation and implementation of resettlement, includes survey and design research expenses, training fees, land reclamation costs, land use fee for new construction, new vegetable field development fund, arable land occupation tax, food regulation fund, and land acquisition management fees.
7.1.6 Contingency cost
176. Contingency cost includes basic contingency and price contingency, which will be 5% and 10% of the basic cost respectively.
7.2 RESETTLEMENT BUDGET
177. According to the compensation rates and statistical data of all kinds of affected items, the total resettlement fund of the ADB financed Zhangye urban infrastructure construction project is CNY 249,768,425 (among which water supply project is CNY1,693,131). See Table 7-1 for detailed fund budget. The whole project is planned to be completed within 5 years. According to the implementation progress arrangement, the annual investment plan is presented in Table 7-2, and the ratio of each expense is listed in Table 7-3.
Table 7-1: Resettlement Budget of the Project
Unit Standard Quantity Cost 1 Land compensation Arable land mu 22,000 2,231.36 49,089,920 Homestead mu 22,000 386.79 8,509,380 Institution mu 4,000 79.46 317,840 Centralized mu 22,000 72 1,584,000 resettlement sites Infrastructures of mu centralized 58,000 72 4,176,000
resettlement sites Subtotal 2,769.61 63,677,140 2 House compensation 2 Rural house Brick-concrete m 800 0 0 2 Brick-wood m 350 12,285 4,299,750 2 Soil-wood m 300 147,834 44,350,200 2 Simple m 100 6,110 611,000 2 Temporary constructed m 100 178 17,800 Reward fee HH 3,000 577 1,731,000 Removal fee HH 400 577 230,800 Transition fee HH 1,200 577 692,400
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m2 Household enterprises and Brick-concrete 800 6,687 5,349,600 institutions 2 Brick-wood m 350 3,021 1,057,350 2 Soil-wood m 300 0 0 2 Simple m 100 0 0 2 Temporary constructed m 100 0 0 2 Reward fee m 15 16,394 245,910 2 Operation closure loss m 25 9,708 242,700 Removal fee HH 400 24 9,600 Subtotal 58,838,110 3 Specialized compensation fee for recovery and reconstruction of attachments and facilities Brick bed m2 200 3,956 791,200 Cellar 150 534 80,100 Gate 160 1,075 172,000 Crypt 300 217 65,100 Sunroom m2 40 5,288 211,520 Concrete floor m2 30 21,842 655,260 Ammeters removed 100 0 0 Motor-pumped wells, 100 0 0 drainage Chimney 200 1,875 375,000 Telephone HH 50 577 28,850 TV HH 350 577 201,950 Broadband HH 150 160 24,000 Low-voltage power line km 50 17 850 Telephone line km 15 20 300 Cable m 15 5,925 88,875 Wall m 200 8,110 1,622,000 Tree 30 54,310 1,629,300 Pole 150 519 77,850 Subtotal 6,024,155 1-3 Sub-Total 128,539,405 4 Administrative fee 2.00% 2,570,788
5 Other fees
Monitoring & Evaluation cost 1.00% 1,285,394
Livelihood training cost for APs 1.00% 1,285,394 Land using fee mu 10,672 2,231.36 23,813,074 mu 6,670 2,231.36 14,883,171 Cultivated land reclamation fee Arable land occupation tax mu 20,800 2,231.36 46,412,288 Boundary survey assessment mu 1,334 2,690.15 3,588,660 fee Land acquisition management 2.00% 2,570,788 fee Temporary land use mu 1,399 60 83,940 Vulnerable groups HH 1,000 28 28,000
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Subtotal 93,950,709 1-5 Sub-Total 225,060,903 6 Contingency cost Basic Contingency cost 4.00% 9,002,436 Pricing Contingency cost 6.98% 15,705,086 Subtotal 24,707,522 7 Total 249,768,425
Note: Costs for site construction and basic infrastructure construction are estimated according to area of construction land.
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Table 7-2: Investment Plan by years Year 2012 2013 2014 2015 2016 Total Ratio 0.45 0.35 0.1 0.05 0.05 1.00 Amount 112,395,791 87,418,949 24,976,842 12,488,421 12,488,421 249,768,425
Table 7-3: Proportion of cost Analysis
Quantities (CNY) Proportions (%) Land Compensation 63,677,140 25.5 Houses Compensation 58,838,110 23.6 Specialized Compensation 6,024,155 2.4 Administrative Costs 2,570,788 1.0 Other Costs 93,950,709 37.6 Contingency 24,707,522 9.9 Total 249,768,425 100.0
7.3 RESETTLEMENT FUND RECEIVERS AND CAPITAL FLOW
7.3.1 Resettlement fund receivers
178. The resettlement fund of this project will be allocated to different receivers according to the property rights of affected items. See Table 7-4 for details. For the sake of full and timely payment of compensation to APs and organizations, the roles of independent monitoring organization, internal monitoring organization and national auditing body will closely monitor fund utilization. Also, intermediate links will be minimized in order to pay the resettlement fund to individuals and institutions in a simple and convenient way.
Table 7-4: Resettlement Fund Receivers
Receiver Expense Category Household Relocation compensation, removal compensation, transition allowances, and enterprises compensation for attachments to the ground and operating losses. Land compensation, compensation for attachments, compensation for Village collective collectively-owned facilities Compensation for land, house relocation, attachments and young crops (only for families whose young crops are acquired), moving allowances, and transition Household allowances. Among them, land compensation will be reallocated to all households in each group after all of remaining farmland is readjusted. . Other All kinds of land acquisition taxes departments
7.3.2 Source and flow of resettlement fund
179. The resettlement fund of the Project is raised by ZGDFLMC Office and disbursed by Ganzhou Finance Bureau to affected villages and APs. The fund will be directly paid through special accounts to receivers during the resettlement.
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7.4 PAYMENT, MANAGEMENT AND MONITORING OF RESETTLEMENT FUND
7.4.1 Payment of resettlement fund
180. The payment of resettlement fund will be implemented in conformity with the following principles:
¾ All the expenses related to land acquisition will be counted in the total construction budget estimate. Subcomponent implementing agencies should review the respective compensation fees and apply for payment approval of PO. Compensation fee will be directly paid through special accounts to relevant organizations and personnel by ZGDFLMC Office; ¾ All kinds of compensation fees to private families should be paid through specialized account to affected families; ¾ Land compensation should be paid before land acquisition is implemented.
7.4.2 Management and monitoring of resettlement fund
181. The payment of resettlement fund must be implemented in strict accordance with relevant laws and regulations of the state on LAR as well as the policies in the RP, and should not be lower or less than the compensation rates and range stipulated in this plan.
182. Each component office should report monthly construction scheduling to PO. The component offices should submit reviewed payment reports with signatures of principals in charge to the PO, applying for payment.
183. Each component office should examine and approve land compensation, housing compensation, compensation for attachments, compensation for physical relocation (including indoor facilities), moving allowances, transition allowances, rewards for ahead-of-schedule relocation, and losses of self-employed business and of enterprises and public institutions.
184. PO will hire professional consulting organizations to conduct regular internal check of use of resettlement fund of ROs.
185. The Municipal Financial Department and Auditing Department are entitled to monitor and audit the use of the specialized fund.
186. The external monitoring organization will carry out special follow-up monitoring on the payment of compensation for affected families, enterprises and public institutions and provide a summary in the external monitoring reports.
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VIII. RESETTLEMENT ORGANIZATIONS
8.1 ORGANIZATIONAL STRUCTURE
187. In order to implement the Resettlement of Zhangye Urban Infrastructure Project well, Zhangye Ganzhou District Government guarantee the preparation of the Project and the smooth progress of resettlement by establishing organizations and strengthening abilities. Since March 2010, relevant organizations of resettlement of Zhangye Urban Infrastructure Project have been set up, and responsibilities have been specified for each organization.
188. The main organizations concerned resettlement of this project includes:
¾ Zhangye PMO ¾ ZGDFLMC ¾ Resettlement Division (PRO) of ZGDFLMC ¾ Zhangye Land Resources Administration Bureau ¾ Xindun Town Government ¾ All Village Committees ¾ External Monitoring Organization of Resettlement 189. See Figure 8-1 for the structure of resettlement organizations.
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Figure 8-1 Resettlement organizations for the Project
Zhangye Municipal Government
Zhangye PMO External Monitoring (ZGDFLMC) Organization
Land acquisition Demolition and (Collective land) rebuilding of houses
Land Resources Bureau of ZGDFLMC Resettlement ZGDFLMC Zhangye City Office
Township Township Township Governmen t Government Government (Street)
Villages Villages
8.2 RESPONSIBILITIES OF ORGANIZATIONS
8.2.1 Ganzhou District Government, Zhangye City (ZGDFLMC)
190. The ZGDFLMC will lead the Project, and make decisions about important project management issues.
8.2.2 ZGDFLMC and its Resettlement Division
(i) As the project owner, it is responsible for submitting all the plans and reporting work pertinent to resettlement to national, provincial and municipal departments for approval and comments. (ii) Be responsible for raising resettlement fund (iii) Be responsible for the payment of resettlement fund. (iv) Entrusting resettlement consultation institutions to make preliminary preparations for resettlement (v) Coordinating consultation and other organizations during the preparation of the project (vi) In specific responsibility to applying for land planning license and land use and construction license to relevant department
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(vii) Coordinating with relevant departments to work out policies of the RP (viii) Coordinating with ZMG and Xindun Town Government to select new relocation sites according to Binhe New District Master Plan (ix) Coordinating with ZMG and Xindun Town Government to design new houses or apartment buildings on new relocation sites according to Binhe New District Master Plan (x) Aligning the progress of project construction with the RP (xi) Coordinating work of relevant organizations (xii) Organizing detailed resettlement survey of subcomponents and updating RP based on final design (xiii) Implementing subcomponent resettlement (xiv) Determining and submitting subcomponent resettlement fund plans (xv) Tracing and supervising the practical payment of subcomponent resettlement fund (xvi) Dealing with grievance and appeals of APs in the process of resettlement (xvii) Coordinating with independent external monitoring organization (xviii) Collecting and sorting out all kinds of information needed for internal monitoring report (xix) Be responsible for subcomponent resettlement files and documents (xx) Receiving the ADB Resettlement Experts for inspection.
8.2.3 Ganzhou District Land Resource Bureau
(i) Implementing first-phase preparations for resettlement together with ZGDFLMC. (ii) Setting forth all the policies of the RP (iii) Training persons in charge of resettlement of subcomponents (iv) Reporting resettlement progress to ZGDFLMC (v) Reporting communication and coordination with other departments during resettlement implementation to ZGDFLMC (vi) Verifying resettlement fund plans of subcomponents (vii) Submitting resettlement fund plan to ZGDFLMC and supervising the payment of fund (viii) Guiding and supervising the implementation of subcomponent resettlement (ix) Managing files and documents of the resettlement (x) Carrying out internal monitoring of resettlement (xi) Dealing with grievance and appeals of APs in the process of resettlement (xii) Communicating with independent external organizations in the process of resettlement implementation.
8.2.4 Xindun Town (Changan Village) Government
(i) Participating in physical survey
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(ii) Participating in calculating the compensation fee of affected households (iii) Distributing the compensation fee of APs (iv) Participate in the design of the new resettlement houses and apartment buildings (v) Formulating the distribution rules for new resettlement houses (vi) Be responsible for construction of the new resettlement houses and demolition of existing houses (vii) Dealing with grievance and appeals of relocatees in the process of resettlement (viii) Distributing the resettlement houses (ix) Training the employment skills of APs (x) Carrying out the employment measures for APs (xi) Leading the land redistribution.
8.2.5 Related Village Committees
(i) Participating in physical survey (ii) Participating in calculating the compensation fee of affected households (iii) Monitoring the distribution of compensation fee for APs (iv) Monitoring the design and building of resettlement houses (v) Formulating the distribution rules of resettlement houses (vi) Participating in dealing with grievance and appeals of relocatees in the process of resettlement (vii) Participating in the distribution of the resettlement houses (viii) Participating in training the employment skills of APs (ix) Participating in carrying out the employment measures for APs (x) Redistributing the land.
8.2.6 External Monitoring Organization
191. During the implementation of the RP, the external monitoring organization is responsible for external monitoring of resettlement and for submitting resettlement progress reports and supervision reports to the Resettlement Division (PRO) of ZGDFLMC and ADB. The responsibilities of this organization are described in detail in the chapter concerning external monitoring. If there are any serious problems or deficiencies in resettlement implementation/ compliance, the external monitor should recommend remedial actions for consideration by the PRO and ADB. If a remedial action plan is required, it will be formally agreed upon by the ZGDFLMC and ADB and will be disclosed locally and on ADB website. The external monitor would be required to monitor the implementation and results of the remedial action plan.
192. ADB will supervise the LAR during the Project implementation though (i) review of project progress reports and external LAR M&E reports; (ii) site visiting and meeting APs;
120 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project and (iii) meeting with the PMO.
8.3 PERSONNEL AND FACILITIES OF RESETTLEMENT ORGANIZATIONS AT ALL LEVELS
193. There are six persons in the PRO. They are capable of implementing organization and coordination, with rich experience in resettlement, and are skillful in using computers. All subcomponents resettlement organizations are also composed of high-quality and experienced personnel, and therefore can completely meet the requirements of resettlement. See Table 8-1 for personnel roster. See Table 8-2 and 8-3 for personnel and facilities of subcomponent resettlement organizations at all levels.
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Table 8-1: Personnel of ROs at All Levels
Resettlement Organization Person in charge Personnel People’s Government of Ganzhou District Zhang yulin 4 Resettlement Division (PRO) of ZGDFLMC Ma chao 6 Ganzhou District Land Resource Bureau Man Xufeng 8 Independent external monitoring agency To be determined before RP implementation
Table 8-2: Arrangement of Personnel of Resettlement Organizations at All Levels
Total Resettlement number of Personnel and qualification Work duration organizations personnel December 2010- Ganzhou District Personnel whose work related to 2 completion of Government resettlement resettlement Person in charge has five years of December 2010- PRO of ZGDFLMC 6 resettlement experience, with college completion of degree education background resettlement Long-term experience in similar work, December 2010 - Ganzhou District Land 12 with an educational background of completion of Resource Bureau junior college degree or above level. resettlement December 2010 - Xindun Town Government officials with relatively 6 completion of (Changan Village) strong working experience resettlement December 2010 - Related Village Leaders and village committees and 48 completion of Committees group leaders resettlement Long-term experience in similar work, April 2012- completion of Independent external TBD with an educational background of assessment of monitoring agency junior college degree or above level. resettlement
Table 8-3: Facilities of Resettlement Organizations at All Levels
Computer Camera Organization Vehicle (set) Office (m2) (set) (set) ZGDFLMC 1 1 1 100 PRO of ZGDFLMC 3 2 1 100 Ganzhou District Land Resource Bureau 4 2 2 360 Xindun Town (Changan Village) 3 1 1 200 Related Village Committees ( each Village) 1 200 External monitoring organization 5 1 1 100
8.4 MEASURES FOR INSTITUTIONAL STRENGTHENING
194. In order to better implement the RP, guarantee the interests of APs, and satisfy the overall project schedule, PMO will take the following measures to strengthen the capabilities of the organizations and improve efficiency.
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(i) Leadership responsibility system: Form a strong leading group that is lead by responsible leaders of district governments and composed of relevant leaders of district governments. (ii) Equipped with high-quality staff: Staff of resettlement organizations at all levels should share the idea of considering the overall situation, good grasp of policies and professional abilities, especially experience in dealing with people. (iii) Clear responsibilities: Specify the responsibilities of resettlement organizations (ROs) at all levels according to the requirements of ADB and relevant national laws and regulations. (iv) Training of APs: Give irregular training on resettlement policies and information management to APs according to actual needs. (v) Play the role of supervision by people and public: All the resettlement information will be released to people and society for supervision at any time. (vi) (vii) Project office will provide necessary vehicles and office facilities for resettlement organizations at all levels to meet their needs. 195. See Table 8-4 for plan of reinforcement and training of organizations in the future.
Table 8-4: Schedule of Operational Training of Resettlement Organizations in Future
Training Content Trainees Date organization A B C D To learn and investigate ADB Financed experiences in resettlement of Staff of PRO and subproject 1 Zhanyge Project 2011-2012 ADB financed projects of other resettlement officers Office provinces External Staff of PRO and subproject 2 Monitoring Resettlement policies of ADB June 2012 resettlement officers Agency External The latest changes of Staff of PRO and subproject 3 Monitoring June 2012 resettlement policies of the state resettlement officers Agency ADB Financed Experiences and lessons of Staff of PRO and subproject 4 Zhanyge Project June 2012 resettlement of other places resettlement officers Office ADB Financed Staff of Foreign Fund Office, Computer operation and data June 5 Zhanyge Project PRO and subproject processing 2012 Office resettlement officers ADB Financed Working process and policies of Street (township) ROs, 6 Zhanyge Project resettlement of the ADB Financed village-level resettlement June 2012 Office Projects groups
ADB Financed Resettlement policies and Street (township) ROs, 7 Zhanyge Project practices village-level resettlement July 2012 Office groups ADB Financed Staff of Foreign Fund Office, Zhanyge Project To investigate international PRO and Sub-Foreign Fund 8 2012-2015 Office resettlement experiences Office Resettlement Department
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IX. COMPLAINTS AND APPEALS
196. To make sure the complaints of APs can be handled smoothly and rapidly, PO will establish a transparent and feasible procedure for collecting and handling issues and complaints to deal with people’s dissatisfaction objectively and efficiently and make sure the resettlement proceeds smoothly.
9.1 METHODS OF COLLECTING COMPLAINTS
(i) Through the report of local ROs, including complaints of people, the progress of resettlement, working measures and existing problems (ii) Construction log faxed to the owner by the construction unit, which shows whether and how the people affect the construction (iii) The site inspection of the ZGDFLMC, during which the problems relating to the LAR may be found. (iv) Relevant information provided by the independent monitoring organization (v) Letters and visits of the APs to the village committees and Town Government (vi) Information provided by the workstation of the Owner (vii) Relevant problems found by auditor and discipline inspection departments (viii) Information on payment of land compensation shown on the fund transfer list provided by the bank (ix) Specific survey of internal monitoring agency.
9.2 PROCEDURE OF COMPLAINING AND APPEALING
Phase 1
197. The APs give their oral or written complaints to the village (community) committee or town RO. In case of oral complaint, the village (community) committee or town RO must keep a written record and give a clear reply within 2 weeks. If it is a big issue that shall be submitted to the district RO, the village (community) committee or town RO shall try to get the comments of the district RO within 2 weeks.
Phase 2
198. If the reply given in the Phase 1 fails to satisfy the complainer, he or she may appeal to the PRO within 1 month after receiving the decision of Phase 1. The PRO shall make a decision on the appeal within 3 weeks.
Phase 3
199. If the complainer is dissatisfied with the reply of the PRO, he or she may appeal to the Zhangye PMO or Ganzhou District Government within one month after receiving the reply of phase 2. Zhangye PMO or Ganzhou District Government will give its reply within 4 weeks. If there are no agreements, administrative arbitration can be carried out.
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Phase 4
200. If the complainer is still dissatisfied with the reply of Phase 3, he or she may appeal to civil court within 15 days after receiving the reply.
201. APs can also submit complaints to ADB which will be handled by the Project Team. If an AP is still not satisfied and believes they have been harmed due to non-compliance with ADB policy, they may submit a complaint to ADB’s Office of Special Project Facility or Office of Compliance Review in accordance with ADB’s Accountability Mechanism5.
9.3 PRINCIPLES OF HANDLING COMPLAINTS
202. The ROs at various levels must carry out site surveys on the complaint made by APs, collect their opinions and negotiate with them patiently, in accordance with the principles and standards stipulated in the rules and regulations of the state and the RP, and give comments objectively and reasonably. The RO shall report those problems that cannot be handled on its own to the superior RO timely and assist the latter in carrying out relevant survey.
203. If the RO of the previous stage fails to give a reply within the specified period to the complaint, the complainer has the right of appeal.
204. During the resettlement, some special complaints and appeals of women may appear; therefore, the project office plans to hire at least (1) female employee for each resettlement team to deal with women’s complaints. The local governmental and non-governmental organizations, such as the Bureau of Civil Affairs and the Women's Association will supervise the resettlement to ensure the rights and interests of the APs, especially that of affected women.
9.4 CONTENTS AND WAYS OF REPLYING TO COMPLAINTS
9.4.1 Contents of replies to complaints
(i) Brief description of the complaint; (ii) The result of survey; (iii) The principles and standards stipulated in the rules and regulations of the state and the RP; and (iv) Comments on handling the complaint and its detailed basis.
9.4.2 Ways of replying complaints
(i) As to the individual complaint, written reply shall be sent to the complainer directly.
5 For further information see: http://www.adb.org/Accountability-Mechanism/default.asp.
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(ii) As to the common complaint, the reply shall be announced in the village (community) meeting or shall be notified to the village or community in the form of formal document. (iii) Whatever way of replying is adopted, the reply shall be copied to the corresponding RO of the complainer.
9.5 RECORDS OF COMPLAINTS AND APPEALS AND RELEVANT FEEDBACK
205. During the implementation of the RP, the PRO shall record and manage all the complaints and the results of handling, submit a monthly written report to ZGDFLMC PRO, which will carry out a regular inspection on the record of complaints handling.
206. To keep a complete record of the handling of complaints of the APs and relevant issues, the ZGDFLMC PRO has designed a record form of complaints and appeals on the resettlement, shown as Table 9-1.
Table 9-1: Record form of complaints and appeals on the resettlement
To: Time: Place: Planned Complainer Content Demanded solution Actual handling solution
Complainer Recorder
(Signature) (signature)
Remarks: 1. The recorder shall register the actual complaint and demand of the complainer. 2. The complaining party shall not be disturbed or hindered by any factor. 3. The planned solution shall be notified to the complainer in the specified period. 4. The PRO will monitor any agreed follow-up actions. 5. The PRO will record whether the complainer was satisfied with the decision before closing the case.
9.6 CONTACT INFORMATION FOR EXPRESSING COMPLAINTS AND APPEALS
207. The PROs will arrange principals to collect and receive complaints and appeals of APs. See Table 9-2 for names, office addresses, and telephone numbers of responsible organizations and persons. Complaints can also be sent directly to ADB (see table 9-2) if the local grievance redress mechanism is not addressing their concerns. ADB will contact Gansu Provincial PMO to deal with complains or send officials to investigate and deal with complains. If an AP believes that ADB has not complied with their policy and this has lead to harm, APs may also submit a complaint in accordance with ADB’s Accountability Mechanism (AM)6. AM will start investigation process to deal with complains.
6 Before submitting a complaint to the Accountability Mechanism, affected people should make a good faith effort to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism. For further information see: http://www.adb.org/Accountability-Mechanism/default.asp.
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Table 9-2: Information of the organizations and persons for receiving the complaints and appeals of APs
Organization Contact person Address Telephone No.85,Xianfu Street, Zhangye ZGDFLMC Chao Ma City(Yuchu Building, North of District 0936-6922183 Government) No.85,Xianfu Street, Zhangye PRO Xueyi Fu City(Yuchu Building, North of District 0936-6922183 Government) No.85,Xianfu Street, Zhangye Ganzhou District Land Yu Li City(Yuchu Building, North of District 0936-6922183 resource Bureau Government) ADB +(63) 2-632-6224 6ADB Avenue ADB Staff R. Mamatkulov Mandaluyong City 1550 +(86)10-8573-09 Metro Manila, Philippines 09
9.7 BUDGET FOR SOLVING COMPLAINTS AND APPEALS
208. The cost for solving complains and appeals during the component implementation are included in the administration budget of the resettlement plan. There will be no charges or fees levied on the complainer; however, the time and related expenses of the complainer are not compensated unless that is part of the complaint resolution decision.
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X. RESETTLEMENT MONITORING
209. Based on resettlement plan, the resettlement monitoring system will constantly be investigating, inspecting, monitoring and evaluating resettlement activities.
10.1 INTERNAL MONITORING
10.1.1 Purpose and principles
210. The internal monitoring indicates the continuous internal monitoring on the implementation of the RP carried out by the Owner and the ROs throughout the top-down management system, aims at obtaining the accurate progress of resettlement timely and integrally, finds and solves problems, and provides the basis of decision-making for the smooth implementation of resettlement.
211. The purpose of internal monitoring provides a criteria and guidance for the internal monitoring of resettlement carried out by the project Owner, the executive agencies of resettlement and the organizations relating to the resettlement to ensure that the implementation of resettlement complies with the RP and the resettlement M&E are carried out orderly, normally and efficiently, so that the relevant organizations may get to know the implementation of the resettlement timely and the problems occurred can be found and corrected.
212. The principles of internal monitoring include: update RP when any changes in amount of land acquisition and structure demolition due to project design variation or compensation standards, etc.; establish and update resettlement database in time, ensure the accuracy of the results of monitoring; conduct scientific and objective evaluation on the implementation of the RP; submit report to the project Owner and the ADB regularly to keep them informed of the progress of the project and able to make scientific decision.
213. The function of internal monitoring: The internal monitoring is an important integral part of the internal management of the project; it aims to manage the implementation of resettlement. Through the establishment and use of resettlement information management system, the progress of the implementation of the resettlement and the data and information of the relevant funds and quality are collected, analyzed and shared and the existing and potential problems as well as the causes can be found and the measures and suggestions on solving the problems are proposed.
214. The internal monitoring of the resettlement shall be conducted by the Owner and the PRO and the Owner shall submit the internal monitoring report to the ADB with project progress report.
10.1.2 Procedure of internal monitoring
215. The internal monitoring can be divided into two phases, namely, preparation phase
128 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project and implementation phase. The preparation phase begins at project identification period of ADB, through project preparation, project pre-assessment and project assessment, and ends at project approval period of the project cycle. The implementation phase begins at the implementation of the resettlement and ends at the achievement of the aim of resettlement.
(1) Preparation stage of internal monitoring
216. The Owner and the local government shall establish the ROs at the early period of project preparation. The Owner shall establish an internal monitoring system for resettlement with capable personnel specialized in resettlement to ensure the provision of complete and objective information and data, which also contributes to the involvement of the organizations of other fields. The internal M&E of the resettlement shall be arranged in the project preparation period.
217. Preparations of the Owner include:
¾ To organize the trainings on the resettlement policy of the ADB and relevant experiences, national resettlement policy, the design of the RP, resettlement implementation and the M&E of resettlement for the staff of the Owner and the ROs; ¾ To hire professional agencies and professionals to assist in the design of the RP as early as possible; to organize socioeconomic survey; to design the RP with the help of the professional agency and professionals; ¾ To establish resettlement information management system with the help of the professional agency and professionals. 218. Preparations of the ROs include:
¾ To sign the detailed resettlement implementation contract with the Owner; ¾ To establish the ROs at various levels and arrange necessary personnel for them; ¾ To organize resettlement staff trainings; to carry out socioeconomic survey and the design of the RP together with the Owner and the professional agency it invited; ¾ To establish the resettlement information management system. (2) Implementation stage of internal monitoring
219. During the implementation stage, the district RO shall submit the information on resettlement implementation and up-to-date record of relevant activities to the PRO of ZGDFLMC to ensure the follow-up monitoring of the resettlement. Zhangye PMO will carry out monthly inspection on the ROs at town (street) level and village (community) level and verify the progress of resettlement reported by them.
220. During the implementation stage of the internal monitoring, the Owner shall：
¾ In accordance with the RP, be responsible for the internal monitoring of the resettlement; ¾ Submit a detailed internal monitoring report to the ADB with project progress report;
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¾ Update the statistics of the resettlement implementation in time and complete the resettlement information management system.
10.1.3 Contents of internal monitoring
221. Generally, the internal monitoring shall include the following:
(i) Organization: The establishment and assignment of resettlement ZGDFLMC and relevant organizations and their personnel assignment and capability development; (ii) Resettlement policy and compensation rate: The design and implementation of resettlement policy; the actual implementation of compensation rates of various losses caused by the resettlement (permanent land acquisition, temporary land occupation, house relocation, the relocation of public institution and enterprise and the relocation of specific facility) and specific identification of whether the rates in the RP is implemented and the causes of any changes occurred; (iii) Progress of relocation and resettlement: The general schedule and the yearly schedule, the progress of personnel assignment of the ROs, the progress of land acquisition and temporary occupation, the progress of land adjustment, acquisition (or transfer) and assignment of the land of resettlement area (including land for production, residential building and public facility), the progress of house relocation, the progress of the construction of resettlement house, the progress of the moving of APs, the progress of production development project, the progress of the construction of public facility, the progress of the recovery, removal and reconstruction of specific facilities, the progress of the removal and reconstruction of household enterprises and public institutions, the progress of the employment-related action and the progress of other resettlement activities. The sample form of the internal monitoring report on the progress of LAR is shown as Table 10-1; (iv) Resettlement budget and implementation: The amount and time of payment of resettlement fund to various levels, the use and management of resettlement fund of ROs at various levels, the amount and time of payment of compensation fund to the proprietor of affected property (house) and the proprietor (village and group) and the user of affected land, the use and management of compensation fund of the collective land at village level, the supervision and audit of the use of fund. The sample form of the internal monitoring report on the progress of the use of compensation fund is shown as Table 10-2; (v) Production and employment resettlement of APs: The main measures for the resettlement of rural APs, the number of persons, the employment resettlement of the staff of displaced enterprises, the resettlement of vulnerable groups (household of women, household of old persons and the disabled), the recovery of the land occupied temporarily and the effect of resettlement; (vi) Reconstruction of displaced houses and living resettlement: the means and areas of the resettlement of rural APs, the way of house reconstruction, the three accesses and one leveling of the residential area, the payment of compensation fund, the relocation of the matching public facilities (water supply, power supply, road and business area); (vii) The reconstruction of the enterprises and public institutions and various specific facilities (power supply, water supply, communication, traffic and pipelines);
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(viii) Complaint, appeal, public involvement, negotiation, information publicity and independent monitoring: The channel, procedure and responsible organization of complaining and appealing, the main complaints and appeals and their handling, main content and means of public involvement and negotiation, the effect of public involvement and negotiation, resettlement information brochure and information publicity, the activities and effect of independent monitoring organization; (ix) Handling of the relevant issues stated in the project supervision memorandum of the ADB; and (x) Existing problems and solutions, including follow-up on resolution of previous problems.
10.1.4 Methods of internal monitoring
222. The internal monitoring, as top to bottom monitoring on the implementation of the resettlement within the resettlement system, shall establish standard, smooth, from top to bottom resettlement information management system among the Owner and ROs at various levels and follow up the progress of resettlement in various districts. The ROs at various levels shall report the progress of resettlement and the information about the compensation fund and the effect of resettlement from the bottom to top analyze and handle relevant issues through the information management system.
223. ZGDFLMC PRO has established a complete information management system, which can save and manage various data and information relating to the implementation of project comprehensively, timely and accurately.
224. The following methods of internal monitoring may be adopted for this project in accordance with the implementation status of the project:
(1) Standard report forms
225. The Owner shall, in accordance with the requirements of resettlement implementation, design uniform report forms, which show the progress of appropriation of resettlement fund and the progress of LAR. The report forms shall be submitted at every end of month from lower level to superior level, through which the Owner can master the progress of the project.
(2) Regular and irregular communication
226. The ROs at all levels and external monitoring agency shall discuss the problems occurred in the resettlement and communicate relevant information and propose their comments on handling these problems by a variety of means.
(3) Regular coordination meeting
227. At the beginning of each month, PO Resettlement Department will convene resettlement coordination meeting and the staff of district ROs shall report the progress of the implementation and existing problems, communicate the working experience and seek for the solutions for the problems.
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(4) Inspection
228. Foreign Office Resettlement Department will carry out routine inspection and specific inspection on the ROs of lower levels and field survey, handle resettlement problems on site and verify the progress of the resettlement and the implementation of resettlement policy.
(5) Information communication with independent monitoring organization
229. The Owner and the local ROs shall keep in touch with the independent monitoring organization and consider their findings and recommendations as the basis of internal monitoring.
(6) Resettlement MIS
230. ZGDFLMC PRO will create a resettlement MIS for the project to store all relevant information. The data and information of the resettlement MIS will be updated during the RP implementation to ensure effective supervision on the resettlement.
Table 10-1: Land acquisition and resettlement progress
Organization:______Date: ______/____/______(Y/M/D)
Accumulated Planned Completed Resettlement activity Unit completed % amount amount amount Permanent land acquisition mu Temporary land occupation mu House relocation m2 Including: Private house m2 Store m2 Buildings of enterprise and m2 public institution Ten Land compensation thousand CNY Ten Payment of house relocation thousand fee CNY Reconstruction of residential m2 house Reconstruction of store m2 Reconstruction of buildings of m2 enterprise and public institution
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Filled by: Signature of Person in Charge: Seal:
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Table 10-2 Progress of compensation fund use
_____ District_____ Town (Street) ______Village (Community) Date /____/___ (Y/ M/ D)
Compensatio Accumulate Qty Amount Brief n acquired in d acquired Affected organization (organiz required % description the report Compensati ation) (CNY) period (CNY) on (CNY) Village
Village collective (Community)1 Household Village
Village collective (Community)2 Household Store Enterprise and public institution Public facility
Filled by: Signature of Person in Charge: Seal:
10.1.5 Internal monitoring agencies and staff arrangement
231. The staff of ROs relating to internal monitoring are shown in Table 10-3.
Table 10-3: Personnel of internal monitoring in ROs
Number of standing Number of personnel in peak ROs personnel period ADB Financed Zhanyge Project Office 2 3 Resettlement Department (PRO) ZGDFLMC Resettlement Department 3 4 Xindun Town Government 2 3 Village committee (community) 2 5
10.1.6 Responsibility of internal monitoring agencies
(i) Establish office, train the workers, and survey impacted areas; (ii) Appoint independent monitoring agency; (iii) In the beginning, instruct the survey together with the investigation agency; (iv) Train the workers of subcomponent RO;
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(v) Supervise and check the consistence between resettlement policies of the subprojects and the project resettlement plan; (vi) Supervise the information of APs and prepare resettlement handbooks. 232. For the problems discovered in internal monitoring, the PO Resettlement Department will provide timely improvement measures.
10.1.7 Cycle of internal monitoring and reporting
233. The internal monitoring is a continuous process and its overall monitoring activity shall be carried out at least once a quarter and its frequency will be increased during the key period of relocation of APs.
234. During the preparation period of the project, the PRO will make regular and irregular report, combined with the inspection of the ADB. The format of the report will be in accordance with the requirements of ADB and varied by projects and stages. After the implementation begins, the district RO is required to make brief monthly report and detailed quarterly, half-yearly and yearly report for major changes and progress of subprojects and make brief quarterly report and detailed half-yearly and yearly report for minor changes and progress of subprojects. Specific report shall be made according to the requirement of project management. After the implementation of the project, a final report shall be made. The internal monitoring report shall be submitted to the People’s Government at the same level, the RO at superior level and the Owner by the ROs at various levels. And the Owner shall submit an internal monitoring report to ADB every half year.
10.2 External Monitoring
235. In accordance with the relevant requirements of ADB, an external agency will committed to undertake the external monitoring of the resettlement of the Project upon the comparison of PO Resettlement Department and it will monitor and evaluate the resettlement and recovery activities to ensure the resettlement is implemented in conformity to the RP.
10.2.1 Purpose of external monitoring
236. In the external M&E, the resettlement evaluation shall be made by the organization independent of the governmental department. Its purpose is to inspect the implementation of the RP from a broad and long-term view, to monitor and evaluate whether the aims of land acquisition, resettlement and relocation and rehabilitation are reached, to propose comments and suggestions and to take remedial measures and follow up their implementation and effects to ensure the result of the resettlement.
237. The external monitoring shall follow up the LAR to monitor and evaluate the following:
(i) Whether the relevant rules and regulation of the state are observed in the resettlement; (ii) Whether relevant policies on involuntary resettlement of ADB and mitigation measures as specified in the RP are observed in the resettlement;
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(iii) Whether the living conditions of the affected population is improved or recovered compared with the time before resettlement.
10.2.2 External monitoring organization and monitoring personnel
238. To carry out the external monitoring of this project successfully, an independent agency will be recruited by ZGDFLMC. The following factors have been taken into consideration for the selection of team members for resettlement monitoring.
(i) The independent monitoring personnel shall have the experience of similar work and abundant experience in socioeconomic survey; understand the involuntary resettlement policies of ADB, and master relevant rules and laws of the state and local government on the resettlement. (ii) They shall be industrious and capable of carrying out social survey and research independently and have good communication ability. (iii) A certain proportion of female external monitoring staff shall be assigned.
10.2.3 Responsibilities of the external monitoring organization
239. The external monitoring organization shall undertake the following:
(i) Before the resettlement, the external monitoring organization shall carry out the living standard baseline survey to master the basic living and production conditions of the APs. (ii) During the process of the resettlement, the external monitoring organization shall follow up and monitor the implementation of the resettlement plan, collect the comments and complaints of the APs, reflect and submit monitoring report to ZGDFLMC PRO and ADB. (iii) The external monitoring organization shall follow and investigate the changes of living and production conditions of APs, and evaluate the resettlement activities and relevant measures. (iv) Upon survey, research and discussion with APs, the external monitoring organization shall propose constructive comments to ZGDFLMC Resettlement Department and local RO to ensure the smooth implementation of the resettlement and recovery of the living and production conditions of the APs as soon as possible.
10.2.4 Means and procedures of external monitoring
240. The external monitoring organization will adopt the following means to carry out the monitoring of resettlement.
(i) On the basis of the detail measurement survey conducted by ZGDFLMC, the external monitoring organization will set up a database for the APs and carry out door-to-door interview with sampling affected households and vulnerable households. The external monitoring organization will fully make use of the information acquired through socioeconomic survey and the resettlement information management system of the project management office, carry out assessment on the basic conditions of the displaced households before and after resettlement, and get to know the relevant information of the APs all the time. According to the information shown in the database, the monitoring
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personnel will visit the APs, get to know the progress of the resettlement, collect their complaints and suggestions, and inform them relevant policies of the state, relevant requirements of ADB and the information on the construction of the project. After getting of the name list of the APs and relevant information from basic institution, the external monitoring organization shall carry out door-to-door interviews independently, without accompany by the staff of the local RO or local administrative personnel. The visiting persons shall be relatively stable, which means a monitoring member shall try to visit the same affected area as many times as possible, which is beneficial for the establishment of the trust between the monitoring member and the APs as well as the proceeding of the work. (ii) The external monitoring organization shall convene meetings for affected population irregularly in the area with a concentrated affected population, collecting the opinions on the important issues relating to the project of the APs. The meeting may be formal or informal. And the staff of the local RO may be or may not be invited to the meeting, which depends on the actual situation. (iii) Field survey. The staff of the external monitoring organization shall visit the resettlement area regularly and irregularly and observe the resettlement on site. (iv) Survey on individual case. The monitoring personnel shall put emphasis on the special case occurred in the resettlement, analyze the causes of the problems, work out solutions and propose suggestions. (v) Questionnaire. The monitoring staff shall carry out sampling survey on the recovery of the living and production conditions of APs and comments on the resettlement, analyze the result in time, solve the existing problems, and provide reference for the resettlement work of the next year.
10.2.5 Contents of independent monitoring
(1) Resettlement monitoring of the affected enterprises and public institutions
241. The independent monitoring organization shall follow up the resettlement of the enterprises and public institutions through phone call and the study on individual case. The following will be most concerned about:
¾ Whether the time of land acquisition and the resettlement is arranged reasonably; ¾ Whether the losses of the affected enterprises are compensated adequately; ¾ Whether the staff of the enterprises is resettled properly; ¾ Whether the production of the enterprises is resumed in time; and ¾ Whether the affected enterprises transfer their loss to their staff. (2) The physical resettlement of APs
242. Rural residential house are both involved in this project. The resettlement of APs is the emphasis of the independent monitoring. As to these APs, the following are the main concerns of the independent monitoring organization:
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¾ Whether the compensation rates of houses and other attachments to the ground are determined in accordance with the replacement cost principle; ¾ Whether the compensation is paid with full amount and in time; ¾ Construction and distribution of relocation houses; ¾ Whether the time of relocation is arranged reasonably; ¾ Whether the transition allowances and moving cost are paid; ¾ Whether the physical losses are fully compensated; ¾ Whether the infrastructure (including water, power and heat supply and roads) of the new resettlement area is completed and who is responsible for it; and ¾ Whether it is convenient to go to hospital and school from the new resettlement area. (3) Monitoring of land acquisition and livelihood rehabilitation
243. In accordance with the features of the land acquisition of this project, the external monitoring on the land acquisition and production resettlement shall be focused on the following:
¾ Whether the compensation rates of various lands are determined in accordance with relevant laws of the state and those stipulated in the RP; ¾ Whether the disbursement procedure of land compensation fund can ensure the affected village and group to receive their amount in agreements; ¾ Whether the amount of land acquired, compensation rate, compensation amount are publicized in the village and by which means they are publicized; ¾ ¾ Whether the plan of the use of land compensation is designed after the collection of the comments of related villagers and how the use plan is finally determined; and ¾ How the land compensation is distributed and how the actual economic benefit of the APs is guaranteed. (4) Monitoring on the operation of ROs
244. Capable, specialized and efficient ROs is the assurance of resettlement success. The monitoring on the operation of ROs is an important part of independent monitoring. The means of monitoring are mainly visits to the ROs and the inspection on the working data and record. The main content of monitoring on ROs includes:
¾ Whether the personnel structure of the ROs at various levels meets the requirements of the resettlement; ¾ Whether necessary working conditions are provided for the ROs at various levels; ¾ Whether the quality of resettlement personnel meets the requirements of the resettlement; ¾ The resettlement staff training; and ¾ The internal data and information management of the ROs.
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(5) Monitoring on the resettlement of vulnerable groups
245. The vulnerable groups shall be given special attention not only by the ROs but also by the independent monitoring organization. The independent monitoring organization shall follow up and monitor the resettlement of vulnerable groups by means of door-to-door interview, questionnaire, individual case analysis and the main indicators of monitoring include:
¾ Which preferential policies are enjoyed by vulnerable groups in the resettlement; ¾ Whether help is given to the affected poor household during house demolition in rural area; ¾ Whether special requirements of affected women and elderly have been fully considered in the design of resettlement measures; ¾ Whether vulnerable groups, especially women, can acquire employment opportunity relating to the project and how many vulnerable persons are employed in the construction of the project; and ¾ Whether there is a female staff member in each RO to deal with the affairs of women. (6) The living standard baseline survey of APs
246. Before the formal commencement of the resettlement, the independent monitoring organization shall collect the basic information for the resettlement of the Project upon sampling survey. Structured questionnaires are adopted for the sampling survey. Cluster sampling shall be carried out, taking all the affected households involved in the socioeconomic survey at the preparation phase of the project as the sample bank. The sampling proportion for living standard baseline survey is determined to be 20% sample of relocated HHs, a 5-10% survey of HHs affected by land loss, and 50-100% survey of enterprises/shops.
247. The living standard baseline survey of the affected households covers: family structure, production conditions, gross floor area of the houses, annual income of the household, employment structure, annual expenditure of the household, traffic conditions, water supply, power supply and heat supply conditions, living environment, subjective appraisal of production and living conditions.
(7) The effect of resettlement
248. After the final implementation of the resettlement, the external monitoring organization will follow up and monitor the effect of the resettlement continuously.
249. The external monitoring organization will investigate the affected households a year after the resettlement. The follow-up survey is similar to the living standard baseline survey of the affected households, adopting sampling survey by means of structured questionnaires, to show the impact of resettlement on the production and living of the persons investigated. And the effect of resettlement shall be evaluated on the basis of the follow-up survey.
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250. The external monitoring organization shall investigate the objects of living standard baseline survey. After the living standard baseline survey, the independent monitoring personnel shall establish the database of the samples of the survey, which will be the basis of the follow-up survey. As to the survey objects that it is hard to investigate again due to various reasons, they shall be replaced by similar affected households in the same community after referring to the information bank established upon the earlier socioeconomic survey.
251. The contents of the follow-up survey shall be consistent with those of living standard baseline survey, so as to carry out comparison analysis of the production and living conditions of the affected households before and after the resettlement. Meanwhile, the subjective comments on the resettlement of the APs shall be collected and they will be referred to in the evaluation of the effect of the resettlement.
10.2.6 Reporting system for independent monitoring
252. The external monitoring organization shall make external monitoring report in written form based on the information acquired through observation and survey. The two purposes of reporting: one is to report the progress of the resettlement and existing problems objectively to ADB and the Owner and the other is to evaluate the social and economic effects of the resettlement, proposing constructive comments and suggestions to improve and perfect the resettlement.
253. The external monitoring organization shall submit reports to ADB and the Owner and the periods of reporting are confirmed as follows:
¾ Conduct a survey on the AP’s living standards and situation and submit a resettlement baseline report at the very beginning of resettlement implementation (i.e., early part of 2012); ¾ Submit M&E report every six months in February 31st and August 31st, respectively during resettlement implementation, followed by two annual evaluation reports; and ¾ The last M&E report can be prepared as a resettlement completion report after the completion of the whole resettlement. 254. A monitoring report shall at least include the followings: (i) monitoring objects; (ii) the progress of the resettlement; (iii) main findings of the independent monitoring organization; (iv) main existing problems and follow-up status of previous problems; and (v) basic appraisal, comments and suggestions of independent monitoring organization. If there are any serious problems or deficiencies in resettlement implementation/ compliance, the external monitor should recommend remedial actions for consideration by the PRO and ADB. If a remedial action plan is required, it will be formally agreed upon by the IA and ADB and will be disclosed locally and on ADB website. The external monitor would be required to monitor the implementation and results of the remedial action plan.
255. The external monitoring organization shall submit the report both in English and in Chinese to the Project Office and ADB. Before submitting, the external monitoring organization shall inform relevant personnel of the RO about the contents of the report and
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Annex I Rehabilitation Based on Input and Output Analysis of Agricultural Production
The APs will lose 15.1% of their farmland in average, and their net agricultural income will lose about 6.2%. In fact, agricultural income is accounted for only 41.2% of their total income in average. More and more rural labors have left farmland and work in construction, manufacture or service sectors and earned salary with local social and economic development. During the project implementation, half of APs still need to work on farmland. Their economic recovery can be realized through changing agricultural planting structures, operating small business with rural characteristics. Some options are suggested in following tables according to the survey and local life and agricultural production practice. Table A1 presents an input and output analysis for changing agricultural planting structures and operating small business. Table A2 shows farmland loss, remaining farmland and compensation received for the land loss. From Table A3-1 to A3-4, some options for economic recovery for APs who will lose farmland in different extends are suggested. Based on the analysis, APs can recover their income through suggested measures.
Table A1: Input and Output Analysis
Corn Fine Vegetables Wheat “Happy Farmers House”(Shops) principal Input Yuan/mu 120 nursery Yuan/mu 500 insemination Yuan/mu 45 building m2 80 component Manure Yuan/mu 110 Manure Yuan/mu 100 fertilizer Yuan/mu 115 table 30 chemical Yuan/mu Yuan/mu Initial employee Yuan/mu 125 300 seed 13.5 fertilizer investment fund from Yuan/mu Yuan/mu Yuan/mu 105 pesticide 100 water 88 Building feeyuan 64,000 others subtotal Yuan/mu 460 employee Yuan/mu 300 spray Yuan/mu 66 Fitment fee yuan 40,000 fund from Yuan/mu Yuan/mu 250 harvest 73 subtotal yuan 104,000 others Yuan/mu Yuan/mu Sharing yuan subtotal 1,550 others 40 41,600 costs annual Yuan/mu Attendance Output turnout Kg/mu 400 subtotal 440.5 % 60 rate Turnover per unit price Kg/mu 1.90 turnout Kg/mu 4,000 turnout Jin/mu 1,200 yuan 900 day
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break even output Yuan/mu 760 unit price Yuan/mu 2 unit price Yuan/Jin 1.2 yuan 610 fee per day Yuan/mu net proceeds one season net income 300 output 8,000 output Yuan/Jin 1,440 yuan 290 per day net income Yuan/mu 600 net income Yuan/mu 6,450 net income Yuan/mu 1,000 Input annual yuan 105,850 yuan net income 64,250
Table A2: Land Loss of Affected Households
Total Acquired Compensat Labor for Remaining Village Group Household Population Male Female Labor Cultivated Cultivated Percentage ion Farm Work Land Land Land Received mu mu % mu yuan Beiguan 1 35 132 70 62 64 56 251 47.73 19.0% 203.27 1,002,330 Village 2 14 49 28 21 29 19 210 33.48 15.9% 176.52 703,080 3 15 58 34 24 29 21 234 15.65 6.7% 218.35 328,650 4 28 104 58 46 59 38 146 50.2 34.4% 95.8 1,054,200 5 12 45 22 23 26 20 208 10.68 5.1% 197.32 224,280 6 3 12 7 5 9 6 137 4.42 3.2% 132.58 92,820 7 55 200 115 85 127 75 257 63.33 24.6% 193.67 1,329,930 Xiguan 1 4 14 8 6 8 5 211 11.5 5.5% 199.5 241,500 Village 3 14 54 30 24 28 20 232 9.78 4.2% 222.22 205,380 5 39 146 77 69 80 54 205 65.93 32.2% 139.07 1,384,530 6 47 166 92 74 109 75 298 77.12 25.9% 220.88 1,619,520 7 62 226 126 100 149 106 299 129.4 43.3% 169.6 2,717,400 8 54 216 116 100 113 105 320 74.71 23.3% 245.29 1,568,910 9 30 120 64 56 62 57 323 20.97 6.5% 302.03 440,370 Nanzha 1 4 13 8 5 7 5 184 10.05 5.5% 173.95 211,050
143 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Total Acquired Compensat Labor for Remaining Village Group Household Population Male Female Labor Cultivated Cultivated Percentage ion Farm Work Land Land Land Received mu mu % mu yuan Village 2 4 12 7 5 7 5 256 9.81 3.8% 246.19 206,010 3 2 7 4 3 4 3 239 3.45 1.4% 235.55 72,450 4 17 65 38 27 32 29 259 15.4 5.9% 243.6 323,400 8 3 11 6 5 7 5 240 8.92 3.7% 231.08 187,320 9 9 31 17 14 20 14 214 21.2 9.9% 192.8 445,200 Nanhua 5 5 18 10 8 12 7 366 12.9 3.5% 353.1 270,900 Village 6 27 104 60 46 60 48 409 46.24 11.3% 362.76 971,040 7 112 432 237 194 225 191 328 181.8 55.4% 146.2 3,817,800 8 59 222 126 96 138 95 375 157.32 42.0% 217.68 3,303,720 9 70 268 146 122 127 93 568 89.6 15.8% 478.4 1,881,600 10 41 153 83 70 96 64 369 89.06 24.1% 279.94 1,870,260 11 40 142 78 64 86 52 421 68.88 16.4% 352.12 1,446,480 Qingsong 1 9 33 18 15 21 14 391 19.23 4.9% 371.77 403,830 Village 2 34 122 69 53 65 53 372 68.81 18.5% 303.19 1,445,010 3 16 60 34 26 32 21 323 29.48 9.1% 293.52 619,080 4 85 295 168 127 188 138 347 124.87 36.0% 222.13 2,622,270 5 31 107 56 52 54 47 265 24.71 9.3% 240.29 518,910 6 56 170 89 81 105 77 324 70.66 21.8% 253.34 1,483,860 7 11 39 21 18 24 15 265 28.65 10.8% 236.35 601,650 8 15 56 32 24 33 22 242 33.48 13.8% 208.52 703,080 Liuquan 1 27 97 54 43 62 45 298 34.79 11.7% 263.21 730,590 Village
144 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Total Acquired Compensat Labor for Remaining Village Group Household Population Male Female Labor Cultivated Cultivated Percentage ion Farm Work Land Land Land Received mu mu % mu yuan 2 38 151 83 68 83 68 424 50.15 11.8% 373.85 1,053,150 3 68 244 136 108 156 104 418 105.36 25.2% 312.64 2,212,560 5 4 16 9 7 11 7 363 11.1 3.1% 351.9 233,100 6 31 109 61 48 78 51 409 40.87 10.0% 368.13 858,270 Baita Village 5 30 107 59 48 73 44 208 43.38 20.9% 164.62 910,980 6 22 80 45 35 51 29 280 33.18 11.9% 246.82 696,780 Xindun 6 19 76 41 35 41 32 278 22.15 8.0% 255.85 465,150 Village Chengerzha 1 19 67 36 31 41 29 275 42 15.3% 233 882,000 Village 2 14 49 28 21 27 17 349 30.3 8.7% 318.7 636,300 5 13 46 25 21 27 18 226 32.2 14.2% 193.8 676,200 7 8 34 18 16 21 15 250 20.3 8.1% 229.7 426,300 Huaer 3 9 34 19 15 17 15 278 6.35 2.3% 271.65 133,350 Village 5 7 23 13 10 12 8 177 14.71 8.3% 162.29 308,910 Bayi Village 7 3 12 7 5 7 4 307 10 3.3% 297 210,000 Suijiasi 7 3 11 6 5 7 4 117 5.1 4.4% 111.9 107,100 Village total 1,377 5,058 2,794 2,266 2,949 2145 14,745 2,231.36 15.1% 12,513.64 46,858,560
Table A3-1: Economic Recovery and Income Estimates of Affected Households ( Land Loss < 10% )
Before Land After Land Acquisition Acquisition
145 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Net Income Small Land Affected Compens Total Income Over Planting Fine “Farmer’s Business Bank Total Loss Household Farmland ation Corn Wheat Input from that Income Vegetables House” Along interest Income <10% s Received Cost Planting before Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan Beiguan 3 64 234 159,120 327,600 87.4 21.8 109.2 0 122,140 302,484 7,191 309,675 150,555 Village 5 53 208 141,440 224,280 78.9 19.7 98.7 0 110,351 273,288 3,988 277,276 135,836 6 42 137 93,160 92,820 53.0 13.3 66.3 0 74,145 183,623 654 184,277 91,117 Xiguan 1 78 211 143,480 241,500 79.8 20.0 99.8 0 111,570 276,308 4,548 280,855 137,375 Village 3 73 232 157,760 205,380 88.9 22.2 111.1 0 124,277 307,775 2,839 310,613 152,853 9 64 323 219,640 440,370 120.8 30.2 151.0 1 272,910 418,312 5,861 488,423 268,783 Nanzha 1 32 184 125,120 211,050 69.6 17.4 87.0 0 97,282 240,921 3,982 244,903 119,783 Village 2 28 256 174,080 206,010 98.5 24.6 123.1 0 137,682 340,973 2,391 343,365 169,285 3 32 239 162,520 72,450 70.7 0.0 164.9 0 105,138 207,284 0 207,284 44,764 4 46 259 176,120 323,400 121.8 0.0 121.8 0 109,681 194,880 7,480 202,360 26,240 8 36 240 163,200 187,320 92.4 23.1 115.5 0 129,231 320,046 2,033 322,079 158,879 9 34 214 145,520 445,200 77.1 19.3 96.4 0 107,823 267,028 11,808 278,836 133,316 Nanhua 5 68 366 248,880 270,900 141.2 35.3 176.6 0 197,471 489,044 2,570 491,614 242,734 Village Qingsong 1 67 391 265,880 403,830 148.7 37.2 185.9 1 311,912 514,901 3,217 582,369 316,489 Village 3 57 323 219,640 619,080 117.4 29.4 146.8 1 268,151 406,525 12,283 483,058 263,418 5 39 265 180,200 518,910 96.1 24.0 120.1 1 238,382 332,802 9,818 406,870 226,670 Liuquan 5 74 363 246,840 233,100 140.8 35.2 176.0 0 196,800 487,382 1,270 488,652 241,812 Village 6 64 409 278,120 858,270 147.3 36.8 184.1 1 309,877 509,860 19,194 593,304 315,184 Xindun 6 40 278 189,040 465,150 102.3 25.6 127.9 1 247,084 354,352 7,632 426,235 237,195 Village Chengerz 2 55 349 237,320 636,300 127.5 31.9 159.4 1 282,233 441,400 12,392 518,042 280,722 ha Village
146 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Before Land After Land Acquisition Acquisition Net Income Small Land Affected Compens Total Income Over Planting Fine “Farmer’s Business Bank Total Loss Household Farmland ation Corn Wheat Input from that Income Vegetables House” Along interest Income <10% s Received Cost Planting before Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan 7 40 250 170,000 426,300 91.9 23.0 114.9 128,460 318,135 10,424 328,559 158,559 Huaer 3 52 278 189,040 133,350 135.8 0.0 135.8 0 122,310 217,320 386 217,706 28,666 Village 5 39 177 120,360 308,910 64.9 16.2 81.1 1 194,761 224,772 3,995 293,017 172,657 Bayi 7 47 307 208,760 210,000 118.8 29.7 148.5 0 166,097 411,345 1,537 412,882 204,122 Village Suijiasi 7 35 117 79,560 109,200 44.7 11.2 55.9 62,524 154,843 1,634 156,477 76,917 Village 2,516.33 4,228,29 8,195,60 4,353,92 total 1,259 6,610 4,494,800 8,170,680 547.012 3,157.57 0 8 139,128 8,848,728 8 4 0 8
Table A3-2: Economic Recovery and Income Estimates of Affected Households ( Land Loss 10 to 30% )
Before Land After Land Acquisition Acquisition Net Small Income Land Affected Compens Total Income Planting Fine “Farmer’ Business Bank Total Over that Loss Househo Farmland ation Corn Wheat Input from Income Vegetables s House” Along interest Income before 10-30% lds Received Cost Planting Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan Beiguan 1 85 251 170,680 1,002,330 101.635 20.327 81.308 1 1 322,075 273,398 23,809 425,707 255,027 Village
147 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Before Land After Land Acquisition Acquisition Net Small Income Land Affected Compens Total Income Planting Fine “Farmer’ Business Bank Total Over that Loss Househo Farmland ation Corn Wheat Input from Income Vegetables s House” Along interest Income before 10-30% lds Received Cost Planting Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan 2 97 210 142,800 703,080 88.26 17.652 70.608 1 1 307,063 237,419 13,861 379,780 236,980 7 79 257 174,760 1,329,930 96.835 19.367 77.468 1 1 316,688 260,486 35,463 424,450 249,690 Xiguan 6 57 298 202,640 1,619,520 110.44 22.088 88.352 123,958 297,084 52,345 349,428 146,788 Village 8 56 320 217,600 1,568,910 122.645 24.529 98.116 137,657 329,915 50,094 380,009 162,409 Nanhua 6 60 409 278,120 971,040 181.38 36.276 145.104 1 307,581 487,912 23,221 575,383 297,263 Village 9 62 568 386,240 1,881,600 239.2 47.84 191.36 1 372,478 643,448 52,819 760,517 374,277 10 41 369 250,920 1,870,260 139.97 27.994 111.976 1 261,102 376,519 56,321 497,090 246,170 11 70 421 286,280 1,446,480 176.06 35.212 140.848 1 301,610 473,601 40,070 577,922 291,642 Qingsong 2 73 372 252,960 1,445,010 151.595 30.319 121.276 170,150 407,791 44,620 452,411 199,451 Village 4 61 347 235,960 2,622,270 111.065 22.213 88.852 124,659 298,765 87,416 386,181 150,221 6 80 324 220,320 1,483,860 126.67 25.334 101.336 142,174 340,742 46,959 387,701 167,381 7 58 265 180,200 601,650 118.175 23.635 94.54 132,640 317,891 16,415 334,306 154,106 8 33 242 164,560 703,080 104.26 20.852 83.408 1 221,021 280,459 16,872 361,581 197,021 Liuquan 1 77 298 202,640 730,590 131.605 26.321 105.284 147,713 354,017 20,401 374,418 171,778 Village 2 88 424 288,320 1,053,150 186.925 37.385 149.54 1 313,805 502,828 25,877 592,955 304,635 3 102 418 284,240 2,212,560 156.32 31.264 125.056 175,454 420,501 71,299 491,800 207,560 Baita 5 57 208 141,440 910,980 82.31 16.462 65.848 92,385 221,414 28,651 250,065 108,625 Village
148 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Before Land After Land Acquisition Acquisition Net Small Income Land Affected Compens Total Income Planting Fine “Farmer’ Business Bank Total Over that Loss Househo Farmland ation Corn Wheat Input from Income Vegetables s House” Along interest Income before 10-30% lds Received Cost Planting Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan 6 115 280 190,400 696,780 123.41 24.682 98.728 138,515 331,973 19,539 351,512 161,112 Chengerz 1 54 275 187,000 882,000 116.5 23.3 93.2 130,760 313,385 26,293 339,678 152,678 ha Village 5 54 226 153,680 676,200 96.9 19.38 77.52 108,761 260,661 19,860 280,521 126,841 26,411,28 4,348,24 Total 1,459 6,782 4,611,760 2,762.16 552.432 2,209.728 3 9 7,430,210 772,206 8,973,417 4,361,657 0 8
Table A3-3: Economic Recovery and Income Estimates of Affected Households ( Land Loss 30 to 50% )
Before Land After Land Acquisition Acquisition Net Small Income Land Affected Compens Total Income Planting Fine “Farmer’ Business Bank Total Over that Loss Househol Farmland ation Corn Wheat Input from Income Vegetables s House” Along interest Income before 30-50% ds Received Cost Planting Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan Beiguan 4 53 146 99,280 1,054,200 47.9 19.16 28.74 1 1 272,392 181,062 27,363 336,925 237,645 Village Xiguan 5 70 205 139,400 1,384,530 69.535 27.814 41.721 1 1 301,476 262,842 37,907 429,249 289,849 Village 7 65 299 203,320 2,717,400 84.8 33.92 50.88 1 1 321,997 320,544 83,839 532,883 329,563 Nanhua 8 43 375 255,000 3,303,720 108.84 43.536 65.304 1 1 354,314 411,415 103,229 643,144 388,144 Village
149 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
1,245,20 Total 231 1,025 697,000 8,459,850 311.075 124.43 186.645 4 4 1,250,178 1,175,864 252,339 1,942,202 2
Table A3-4: Economic Recovery and Income Estimates of Affected Households ( Land Loss 50 to 70% )
Before Land After Land Acquisition Acquisition Net Small Income Land Affected Compen Total Income Planting Fine “Farmer’ Business Bank Total Over that Loss Househol Farmland sation Corn Wheat Input from Income Vegetables s House” Along interest Income before 50-70% ds Received Cost Planting Street Land Loss Village Group Household mu yuan yuan mu mu mu Household Household yuan yuan yuan yuan yuan Nanhua 7 55 328 223,040 3,817,800 43.86 29.24 73.1 1 2 409,698 288,014 119,284 600,048 377,008 Village Total 55 328 223,040 3,817,800 43.86 29.24 73.1 1 2 409,698 288,014 119,284 600,048 377,008
150 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
APPENDIX I RESETTLEMENT INFORMATION BOOKLET7
The ADB Financed Zhanye Urban Development Project Resettlement Information Booklet
Respected：______
Asian Development Bank (ADB) Financed Zhangye Urban Development Project will impact the place your family/working unit is located at, and this booklet is hereby issued in order to let you understand the general situation of the project, the types of impacts, relevant resettlement policies and entitlements and related procedures.
I. General situation of the project
The ADB Financed Zhanye Urban Development Project mainly includes subprojects such as road project of Binhe New District and water supply project. The project plans to start from December 2012 and expects to be completed in December 2016. The land acquisition and resettlement plans to start from March 2012 according to the Project implementation.
II. Laws and regulations and compensation rates in regard to land acquisition
(1) Major laws and regulations
(i) The Law of Land Administration of the PRC (ii) Regulations on the Implementation of the Land Administration Law of the PRC (iii) Property Law of the PRC (iv) Gansu Provincial Infrastructure Construction Land Acquisition Methods (v) The Suggestions of Gansu Provincial People’s Government on Deepening Reform and Tightening Land Management (vi) Zhangye Urban House Demolition Management Methods (vii) Involuntary Resettlement Policy of ADB. (2) Compensation policies on LAR for this project
Category Compensation rate Young crop and ground attachments on collectively-owned land are compensated to the proprietor according to actual loss. (1) The affected groups receive land compensation and resettlement subsidy. I. Land acquisition Remaining farmland will be readjusted and allocated averagely all households compensation according to the population of the group. After land adjustment, the land compensation will be also distributed equally to each villager in the group according to farmland loss of each household in the group. (2) Compensation
7 This is a summary document. This full Resettlement Plan is available upon request from the PRO.
151 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Category Compensation rate for ground attachment of collective land belongs to the owner. (3) Cultivated land: 21,000 yuan/mu-22,000yuan/mu, Young Crop: 800 yuan/mu, construction and housing land: 21,000 yuan/mu-22,000yuan/mu, waste land: 4,000 yuan/mu. Village-level compensation is used for village public project, and the use of village –level land compensation should get the agreement of 2/3 villager representatives.
Compensation standards for residential real estate are based on the monetary compensation where the market price is based on the assessment issued by professional evaluation agencies with real estate evaluation qualifications.
House owner receive monetary compensation. The house should be built before relocation. Village committee should build resettlement community, and the APs buy the resettlement house at cost price.
The standard for house replacement is: brick-concrete: 500-800 yuan/m2, II. House brick-wood: 350 yuan/m2, brick-soil and wood: 300 yuan/m2, soil-wood: 300 compensation yuan/m2. The specific compensation amount will be determined according to the site evaluation by households. Transition fee will be paid 200 yuan/month/household. It is calculated by 6 months. Remove fee is 400 yuan/household. Households meet the requirements will get award of 3,000 yuan/household.
There are two methods for the resettlement of relocated residents: monetary compensation and property exchange.
These compensation standards are formulated on the basis of survey and investigation and in accordance with the laws and regulations of the PRC as well as the operational policy of involuntary resettlement by ADB, in order to restore and improve the standards of living of affected population after resettlement as soon as possible.
III. Predicted implementation time
Item Time Land acquisition and relocation announcement 2012.07 Compensation payment 2012.07-2013.12 Land acquisition 2012.08 – 2013.12 House demolition 2013.05 – 2014.04 Moving into new houses 2013.04 – 2014.03 Project construction 2012.12– 2016.12
IV. Rights and obligations of affected population
(1) Rights of affected population
They should obtain various compensations completely according to the above compensation rates and may reflect their ideas and suggestions to the ROs of villagers’ committees/communities, towns/streets, districts and the city. Detailed contents are: compensation policy, compensation rates, time for paying compensation, location for
152 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project building reconstruction, and so on. Each RO must give its response within 15 days after receiving the complaints of APs or those reported by lower level of RO. (2) Procedure of Complaining and Appealing
Phase 1
1. The APs give their oral or written complaints to the village (community) committee or town RO. In case of oral complaint, the village (community) committee or town RO must keep a written record and give a clear reply within 2 weeks. If it is a big issue that shall be submitted to the district RO, the village (community) committee or town RO shall try to get the comments of the district RO within 2 weeks.
Phase 2
2. If the reply given in the Phase 1 fails to satisfy the complainer, he or she may appeal to the PRO within 1 month after receiving the decision of Phase 1. The PRO shall make a decision on the appeal within 3 weeks.
Phase 3
3. If the complainer is dissatisfied with the reply of the PRO, he or she may appeal to the Zhangye PMO or Ganzhou District Government within one month after receiving the reply of phase 2. Zhangye PMO or Ganzhou District Government will give its reply within 4 weeks. If there are no agreements, administrative arbitration can be carried out.
Phase 4
4. If the complainer is still dissatisfied with the reply of Phase 3, he or she may appeal to civil court within 15 days after receiving the reply.
The PROs of the districts shall arrange the principals to collect and receive the complaints and appeals of the displaced persons. See for their names, office addresses, and telephone numbers below. Complaints can also be sent directly to ADB if the local grievance redress mechanism is not addressing their concerns. ADB will contact Gansu Provincial PMO to deal with complains or send officials to investigate and deal with complains. If an AP believes that ADB has not complied with their policy and this has lead to harm, APs may also submit a complaint in accordance with ADB’s Accountability Mechanism (AM)8. AM will start investigation process to deal with complains.
8 Before submitting a complaint to the Accountability Mechanism, affected people should make a good faith effort to solve their problems by working with the concerned ADB operations department. Only after doing that, and if they are still dissatisfied, should they approach the Accountability Mechanism. For further information see: http://www.adb.org/Accountability-Mechanism/default.asp.
153 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Information of the organizations and persons for receiving the complaints and appeals of APs
Organization Contact person Address Telephone No.85,Xianfu Street, Zhangye ZGDFLMC Chao Ma City(Yuchu Building, North of District 0936-6922183 Government) No.85,Xianfu Street, Zhangye PRO Xueyi Fu City(Yuchu Building, North of District 0936-6922183 Government)
No.85,Xianfu Street, Zhangye 0936-6922183 Ganzhou District Land Yu Li City(Yuchu Building, North of District resource Bureau Government)
ADB +(63) 2-632-6224 6ADB Avenue ADB Staff R. Mamatkulov Mandaluyong City 1550 +(86)10-8573-09 Metro Manila, Philippines 09
(2) Obligations of affected persons
They should actively cooperate with project construction. They should not build new buildings within the range of survey after the land acquisition investigation; otherwise, there will be no compensation. The cut-off date (May 31, 2011) was announced in May 31, 2011. They should demolish the buildings by themselves within the range of land and before agreed time for the Project. Otherwise, the Project will demolish the buildings.
V. Assistance to vulnerable households
Vulnerable households will be given the following assistance: Financial assistance: In the process of relocation, villages/communities should offer some subsidiaries to them. Assistance in labor service: Villages/communities give assistance to labor force responsible for relocation. Vulnerable households should have priority to select locations for building reconstruction and reallocated farmland.
VI. Land acquisition and relocation agencies
(1) Municipal agency (2) ZGDFLMC Project Resettlement Office Address: No.85, Xianfu Street, Zhangye City (Yuchu Building, North of District Government) Tel：0936-6922183 (3) External Monitoring Agency
154 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
To be determined and notified to APs. Address: Tel：
VII. Right to interpret the booklet
The right to interpret the booklet belongs to PO.
Thank you for your support to this Project.
PMO
March 2012
APPENDIX II Compensation Standards for Land Acquisition in Urban Planning Area in Zhangye City
(Zhangye Municipal Government Document No.46, March 2010)
Administrative Office of Zhangye Municipal People's Government
Circular on the issuance of compensation standards for land acquisition in Urban
Planning Area in Zhangye City
Ganzhou District Government, Municipal Government Related Departments, Related
Units Directly Under Municipal government and Provincial Units Stationed in Zhangye:
“The compensation standards for land acquisition in Urban Planning Area in
Zhangye City” has been approved at the 41th Meeting of the Standing Committee of
the Municipal Government on March19, 2010. It will be hereby printed and
distributed to you, please implement it carefully.
Appendix： Compensation standards for land acquisition in Urban Planning Area in
Zhangye City March25，2010
155 Gansu Zhangye Urban Infrastructure Development Project Road and Water Supply Project
Appendix： Compensation standards for land acquisition in Urban Planning Area in Zhangye City
Key Words：land, compensation standards，Circular
CC: Administrative Office of communist party committee of Zhangye, Administrative
No. Item Unit Compensation Standards
1 Arable land (housing CNY/mu 21,000-22,000 sites)
2 Wasteland CNY/mu 4,000
3 Threshing floor CNY/mu 1,300
4 Institution land CNY/mu 4,000
Office of Standing Committee of Zhangye Municipal People's Congress, CPPCC
Office of Zhangye Municipal Committee, Administrative Office of Zhangye Municipal
People's Government
156 Gansu Urban Infrastructure Development and Supplementary Appendix 10 Wetland Protection Project (TA 7609-PRC) Final Report
Supplementary Appendix 10 Zhangye Wetland Park Resettlement Due Diligence Report
GANSU URBAN INFRASTRUCTURE DEVELOPMENT AND
WETLAND PROTECTION PROJECT
Zhangye Wetland Protection Component
RESETTLEMENT DUE DILIGENCE REPORT
Zhangye ADB Project Management Office
30 March 2012 Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Table of Content
1 Introduction ...... 1 2 Wetland Protection ...... 2 2.1 Types of Wetland Protection ...... 2 2.2 Wetland Protection Project ...... 1 2.2.1 Construction of Wetland Protection Station ...... 1 2.2.2 Wetland Missionary Work ...... 3 2.2.3 Wetland Research and Monitoring ...... 3 2.2.4 Wetland Restoration Project ...... 4 2.2.5 Sustainable Usage Project ...... 5 3 Land Acquisition for Wetland Protection ...... 6 4 Due Diligence of Wetland Protection Project Resettlement ...... 9 4.1 Compensation for Returning Arable Land (reclaimed wasteland) to Wetland in Wetland park ...... 9 4.2 Rural Collective Land Acquisition within Central Area of Wetland Park ...... 11 4.2.1 Progress of Land Acquisition ...... 11 4.2.2 Compensation and Resettlement of No.10 Group Liuquan Village ...... 11 5 Conclusion ...... 17
2
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
I. Introduction 1. The proposed ADB financed Gansu Urban Infrastructure Construction and Wetland Protection Project (Project) includes three components: (i) Dingxi urban infrastructure development; (ii) Zhangye urban infrastructure development (urban roads and bridges, and urban water supply); and (iii) Zhangye wetland protection.
2. Zhangye Municipal Government (ZMG) approved “Zhangye Heihe River Basin Wetland Management Approach” on 13 November 2006, protecting the wetland of Heihe River Basin by legislation. Governments of counties (districts) surrounding the wetland have announced the scope and boundaries of the wetland protection and restoration in Heihe River Basin according to “Wetland Protection and Restoration Construction Planning of Zhangye City (2005-2030)” (Wetland Protection Plan). And in accordance with the announced boundaries, fixed buoys in the water, and boundary monuments and markers on the lands have been established.
3. Zhangye Wetland Protection Component of the Project will involve only wetland area administrated by Ganzhou District Government (GDG) of Zhangye City, including (i) construction of some buildings for wetland protection services (wetland protection stations, an education center, etc.), which involved land acquisition of 17mu collective land and land occupation of 4.09mu state land (21.09mu in total), and house demolition and resettlement of 24 rural households. And (ii) fencing some areas (boundary monuments and markers, etc.) in Zhangye National Wetland Park for wetland rehabilitation, which involved that 2,993.8 mu collective land was returned from arable land back to wetland. The land acquisition and resettlement (LAR), and retrieving wetland from cultivated land (RWCL) were completed in 2010. Affected farmers due to the LAR and RWCL were compensated in 2010. This report is about results of a due diligence process conducted during ADB PPTA for the Project according to ADB safeguard policy.
4. The LAR affected 91 86 persons from 24 households of Group No.10 of Liuquan Village. All of collective land of Group No.10 in a total of 1,600 mu (including 652 mu of contracted farmland, 91 mu of housing land, and 857 mu of reclaimed wasteland, woodland, fish ponds and threshing floor) was not cultivated from 2009 when villagers received the notice of land acqusition and compensation. All of 652 mu of contracted farmland was acquired and changed to stated-owned land. All of 91 mu of housing land was replaced by a new land to build new houses in 2010. All of 857 mu of reclaimed wasteland, woodland, fish ponds and threshing floor was returned to the Zhangye wetland park for wetland protection in 2008 to 2009. Only 17mu land of Group 10 of Liuquan is required by this Project. The remaining land was returned to the wetland or will be used for construction of a wetland protection services center in another project. All 24 rural households were moved out Zhangye National Wetland Park and relocated in a resettlement site near Zhangye urban area. All of affected households moved into new houses built by GDG and at least one family member of each household is working on Zhangye National Wetland Park and receives salary. They will not cultivate any collective land. As compensation, they can receive CNY400 per person per month, and extra CNY50 for APs who are over 50 years old.
5. The RWCL affected 18 groups, seven villages of three towns near or in the wetland 1
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component protection area. A total of 2,993.8mu lands including (1,462.68 mu of fish ponds and 168.09 mu of woodland/threshing ground) were retrieved to wetland. No production was generated from the fish ponds before RWCL because it is highly salty. It was an original water area of the wetland. Some villagers tried to produce fish from the water area. But they abandoned it due to highly salty after tried. They called it as “fish pond” because they did some civil work at beginning and hoped to receive some compensation for the civil work. All households affected by the RWCL are not moved out of the wetland protection area. They still live in their villages, but they will not cultivate lands that they returned to the wetland protection area according to compensation agreement with GDG. They understand the lands were reclaimed from the wetland before and should be returned for local wetland protection. They are not affected by LAR because their contracted arable lands are not reduced and their houses are not demolished.
II. Wetland Protection 2.1 Types of Wetland Protection 6. According to wetland category standards of “Convention on Wetland” and “National Wetland Resources Survey and Monitoring Technical Regulations”, after a survey in 2003 to 2004, it was found that Zhangye North Suburb Wetland of the Heihe River Basin has a total of 1,733.0 hectare (ha) of wetland. It includes natural wetland of 1,580.67 ha, accounting for 91.2% of the total wetland; and artificial wetland of 152.33 ha, accounting for 8.8%. Details of the Zhangye Wetland in Heihe River Basin are presented in Table 1.
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Table 1: Zhangye Northern Suburb Wetland Type Statistics Unit: ha Natural Wetland Artificial or Man-made Wetland River Wetland Swamp Wetland Irrigated Land Total Survey Area Sub- Flood Herbaceo Inland Sub- Pond Area River Paddy total plain us Salt total Ditch Water Waters Field Wetland Swamp Marsh Total 1,733.0 1,580.7 158.2 353.3 417.9 651.3 152.3 77.7 0.3 74.3
Xindun Town 503.9 471.9 43.9 0.0 193.3 234.8 32.0 28.7 0.0 3.3
Sanzha Town 333.8 258.2 4.5 0.0 114.7 138.9 75.6 48.9 0.3 26.4
Wujiang Town 41.5 41.4 2.5 0.0 24.3 14.7 0.1 0.1 0.0 0.0 Wetland landscape of the 393.2 348.5 0.0 0.0 85.6 262.9 44.7 0.0 0.0 44.7 northeast suburb of Zhangye Heihe Beach of Xicheng Yizhan 460.6 460.6 107.3 353.3 0.0 0.0 0.0 0.0 0.0 0.0 Forest Farm
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
7. According to “Wetland Protection Plan”, any units or individuals are not allowed to occupy any lands of the Heihe River Basin Wetland. Those who already have occupied any lands in the wetland must return and restore the lands within a determined period. If it is unavoidable to change the usage of the wetland in Heihe River Basin due to major construction projects, the following conditions shall be met: (i) wetland occupation feasibility plan prepared by a planning unit with at least Level B qualification; (ii) the environment impact assessment must be approved already; and (iii) the approval procedures according to the relevant laws must be followed.
8. For temporary occupation of the Heihe River Basin Wetland due to special needs, approval procedures shall be conducted by forestry or other administrative departments strictly according to relevant laws and regulations, meanwhile, the unit to use the wetland shall provide a viable wetland restoration proposal, which shall be implemented after approved by relevant wetland management departments.
2.2 Wetland Protection Project
2.2.1 Construction of Wetland Protection Stations
(1) Construction of Wetland Protection Stations
9. A district wetland protection station with construction area of 2,000 square meters and three township wetland stations with 100 square meters each will be built. The details and location of the stations is presented in Table 2 and Map 1.
Table 2: Construction Area of Wetland Protection Stations unit: m2, set Name of Construction Building No. Location Station Area Structure Total 2,300 Liuquan No.10 Community, Liuquan Brick 1 protection 2,000 Village, Xindun Town Concrete station Xinheqiao Xinheqiao, Xiejiawan Brick 2 protection 100 Village, Wujiang Town Concrete station Heihe Beach Forest protection station, Brick 3 protection Hehei Beach, Xichengyi 100 Concrete station Forest Farm Jingyi Jingyi Village, Wujiang Brick 4 protection 100 Town Concrete station
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Legend: Protection Station; Monitor Center; Outlook Tower; Monitor
Site; Police Office; Education Center
Map 1: Layout of Proposed Wetland Protection Stations
(2) Construction of Boundary Monuments, Markers and Signs
10. 300 boundary monuments will be set up at wetland protection boundary and traffic intersection. At the boundary of wetland protection area, one boundary marker will be set up in every 100 meters, and more should be set up if the terrain changes are complex. The total length of the boundary is 320 km, with a total number of 3,200 boundary markers. 16 signs of indication, publicity and strong warnings will be set up on major junctions, access locations, tourist attractions at East Ring Road, Zhangjing Road, 312 National Highway, etc. No land will be required for the construction.
(3) Wildlife and Habitat Protection Zones
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
11. A wildlife aid station with a construction area of 1,000 m2 will be established in Heihe River Beach. At Shilixinggong, Heihe River Beach and West Great Lake, which are at the center of the wetland protection area, an outlook tower with a 20-meter height for each place will be built. The station will be constructed on acquired collective land that is part of the land owned by Group 10 of Liuquan Village before.
(4) Patrol Facilities Construction
12. In order to achieve effective comprehensive wetland resource management and protection, two patrol off-road vehicles, 20 motorcycles, 20 communication tools, 1,000 fireproof tools and four sets of animal disease control tools will be purchased. These will not involve land acquisitions.
(5) Police Station
13. The project intends to strengthen the wetland security construction. A wetland police station office with an area of 1,000 m2 will be set up at the entrance to Binhe New District, which needs to occupy land that is part of the land acquired in 2010.
2.2.2 Wetland Education Work
14. The education work includes the following two elements:
(1) Facilities and supplies 15. To facilitate the education work, six (6) publicity signs of stainless steel frame, 20 wetland publicity panels, two sets of wetland education publicity facilities are to be procured, and about 10,000 publicity materials such as leaflets and charts are to be printed.
(2) Education Center 16. An education Center will be established by the Project, which will be built combined with a scientific research center and a bird banding station with a total area of 5,000m2, brick and concrete structure. This needs to occupy land that is part of the land acquired in 2010.
2.2.3 Wetland Research and Monitoring
(1) Wetland Monitoring Network 17. To ensure the normal progressing of wetland investigation and monitoring, a wetland ecosystem observatory station with a construction area of 500 m2 is built, and 10 fixed sampling sites is set up, with fixed plot of 10m*10m specification. For the quantity and layout of fixed sampling plots, please see Table 3, and needs to occupy land that is part of the land acquired in 2010.
Table 3: Quantity and Layout of Fixed Sampling Plots Serial Number Location No. Village Quantity of Sampling Location in Wetland Town or Farm Plot Total 14
1 Liuquan Village 1 Sampling 1 Xindun Town 2 Baita Village 1 Sampling 2 Northern Suburb Wetland
3 Sanxia Town Sanxia Village 1 Sampling 3
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
4 Town Forest Farm 1 Sampling 4 Yangqiaomiao Beach
Sampling 5, 5 Jinyi Village 2 West Great Lake Sampling 6 Wujiang Town 6 Guanzhai Village 1 Sampling 7 7 Xiaowan Village 1 Sampling 8 Heihe River Branch 8 Jingan Town Jingan Willag 1 Sampling 9 9 West Forest Farm Heihe River Beach 1 Sampling 10 10 North New Suburb Garden Station 1 Sampling 11 Northern Suburb Wetland
(2) Wetland Monitoring Centre
18. A district-level wetland monitoring centre is built, with a construction area of 3,000 m2, located in the wetland resources management and protection station in the industrial park, northern suburb of the project area, which needs to occupy acquired collective land that is part of the land owned by Group 10 of Liuquan Village before.
(3) Wetland Nature Reserve Construction
19. The protection area of reed herbaceous swamp wetland will cover an area of 1,000 ha, and the central scope of the natural reserve will include reed herbaceous swamp wetland area of Suburban Eastern Ring Road, Zhangye Industrial Park and villages and towns such as Sanzha, Xindun, Shangqin, and Dangzhai, etc.
2.2.4 Wetland Restoration Project
(1) Returning Arable Land to Wetland (or beach) Demonstration Project
20. Due to lack of water supply, serious land desertification and salinization trend, some arable land can’t be cultivated. But it has rich biodiversity in the wetland. The land will be returned to wetland. Two demonstration fields will be constructed in north suburb of the city and Wujiang West Great Lake. The total area for demonstration fields is about 40 ha. No land acquisition is needed because the land is state-owned land now, which is part of returned land in 2010, and no construction will be carried out on the land but there will be land use changes.
(2) Wetland Vegetation Restoration Project
21. Two demonstration fields for wetland vegetation restoration will be established, with an area of 540 ha, among which, the reed zone of East Ring Road of the city is 40 ha, and reed zone of the Heihe River branch is 500 ha. No land acquisition is needed because the land is state-owned land and no construction will be carried out on the land.
(3) Habitat Restoration Project
22. Three demonstration fields for habitat restoration will be set up, with an area of 900 ha, among which, wetland vegetation of the West Great Lake Beach is fenced 300 ha, wetland vegetation of the wetland park and Shilixinggong is fenced 100 ha, and wetland vegetation of the Heihe River Beach is fenced 400 ha. No land acquisition is needed because the land is 4
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component state-owned land and no construction will be carried out on the land.
2.2.5 Sustainable Usage Project
23. Zhangye National Wetland Park is located in the northern suburb of Zhangye City, east to Zhanghuo Road, south to No.2 North Ring Road, west to East Bank of Heihe River, and north to Lanxin Railway, with an area of approximately 33.4 km2.
Map 2: The Scope of Zhangye National Wetland Park, Binhe New District and the Main Urban Area of Zhangye on the Southern Park
(1) River Dredging and Cofferdam
24. Small dams are constructed by local soil materials and sand, gravel, egg gravel, ballast, stone and so on, storing surface runoffs to raise the water level. The work will be carried out on existing narrow water streams to improve water flow. All water streams in the wetland are state-owned land.
(2) Wetland Pollution Control
25. Pollution control and water supplement are two important aspects for wetland protection. 10 km sewage pipes will be laid in areas in which sewage pipes have not be constructed, leading
5
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component sewage to the existing sewage treatment plant; meanwhile, the treated water will be supplemented to wetland area. The work will be carried out under existing (roads) that will be restored after construction. No collective land needs to be acquired.
III. Land Acquisition for Wetland Protection
26. There are five aspects of the wetland protection component. For three aspects, (i) wetland protection stations, (ii) wetland education project, and (iii) wetland research project, the proposed construction activities needed to acquire certain lands. Among these lands, acquisition of 104.115 mu of collective-owned land has already been completed. The land was collective-owned land before 2010. It is changed to state-owned land after completion of the land acquisition and compensation in 2010. The land use application was submitted by Zhangye Municipal Land Resource Bureau to Gansu Provincial Land Resource Administrative Bureau in April 28, 2011 and approved in December 2011. In addition, about 3,000 mu collective-owned lands were returned to wetland in 2008 and 2009. The compensation to the returned lands was completed in 2009. Other two aspects, (i) the wetland restoration project, and (ii) sustainable usage project will use state-owned land in the Zhangye National Wetland Park to conduct protective project construction, and will not involve new land acquisition. Detail land acquisition of the wetland protection component related to land area to be acquired and its property is presented Table 4.
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Table 4: Land Acquisition for Wetland Protection Component Area Area Land No. Subproject Detail construction Location Land Property (m2) (mu) Acquisition No.10 Community, Liuquan Village, Xindun Town State-owned 2,000 3.00 Completed
Construction of wetland Xinheqiao, Xiejiawan Village, Wujiang Town State-owned 100 0.15 Completed protection stations Forest Protection Station, Heihe River Beach, West Forest Farm State-owned 100 0.15 Completed Jinyi Village, Wujiang Town State-owned 100 0.15 Completed boundary monuments, markers Wetland Distributed in wetland protection area State-owned 270 0.40 Completed and signs 1 protection stations No.10 Group, Liuquan State-owned 333 0.50 Completed
Wildlife and ecological reserve Heihe River Beach State-owned 333 0.50 Completed West Great Lake State-owned 333 0.50 Completed No land to be Patrol facilities in wetland Purchase of off-road vehicles and other tools for patrolling 0 0.00 acquired Wetland police station No.10 Group, Liuquan State-owned 1,000 1.50 Completed Facilities and supplies for the No land to be Wetland 0 0.00 education project acquired 2 education Construction of education project No.10 Community, Liuquan Village State-owned 5,000 7.50 Completed center No land to be Wetland survey and monitoring 0 0.00 acquired Wetland monitoring network Distributed in Xindun Town、Sanxia Town、Wujiang Town、Jingan Wetland State-owned 1,500 2.25 Completed 3 construction Village、West Forest Farm、 Northern suburb new area, etc. research Wetland monitoring center No.10 Community, Liuquan Village 3,000 4.50 No land to be Wetland nature reserve State-owned 0 0.00 acquired Return arable land to swamp No land to be State-owned 0 0.00 demonstration project acquired Wetland Wetland vegetation restoration No land to be 4 restoration State-owned 0 0.00 project acquired project No land to be Habitat restoration project State-owned 0 0.00 acquired
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Area Area Land No. Subproject Detail construction Location Land Property (m2) (mu) Acquisition No land to be River dredging and cofferdam State-owned 0 0.00 Sustainable acquired 5 usage project No land to be Wetland pollution control State-owned 0 0.00 acquired Total 14,069 21.09
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
IV. Land Acquisition and Resettlement of Wetland Protection Project Resettlement
4.1 Compensation for Returning Arable Land (reclaimed wasteland) to Wetland in Zhangye Wetland Park
27. From December 2008 to January 2009, the local governments of Sanzha Town, Xindun Town, Wujiang Town of Ganzhou District, Zhangye City signed compensation agreements about returning arable land to wetland and ground attachments with villagers according to “Zhangye Heihe River Basin Wetland Management Measures”. The basic principles for compensation are:
(i) Voluntary, fair and impartial manner; it was agreed by both parties through discussions. (ii) The standard compensation for returning reclaimed wasteland is CNY2,000 per mu (the land is the wasteland reclaimed by farmers, not the land contracted by farmers); (iii) After signing the agreement, farmers agreed not to engage in agricultural production activities such as farming and grazing on the land which has been returned from arable land to wetland; and (iv) Land returned from arable land is still collectively owned by village group.
28. According to the survey, the affected people (APs) supported the national wetland protection policy. Meanwhile, Zhangye Municipal Government (ZMG) has made plans to increase farmers’ income, adjust agricultural structure and expand employment to make sure the affected farmers’ income will not decline due to returning arable land to wetland.
29. A total returned land is 2,993.8 mu, involving 18 groups, seven villages of three towns. The land included reclaimed wasteland of 1,363.03 mu, unused fish ponds of 1,462.68 mu, woodland and threshing floor of 168.09 mu, 298 graves, and pond-care sheds of 57 units. During November and December 2008, land compensation and ground attachments compensation fees were all paid to APs in a total CNY4,721,390. The survey showed that all APs signed on the compensation distribution table, and the income level of affected people did not decrease. The detail compensation to the returned arable land and ground attachments in the wetland protection area is presented in Table 5. According to the interview with APs of Liuquan Village, they received compensation after returned their land back to wetland. Most of them had not cultivated the land for at least 10 years because the soil contains high salt and agricultural production was about CNY100 per mu. They would not reduce their income due to returning the land back wetland because income from the cultivated land was less than 3% of total agricultural income. They have more time to work on building construction, etc to receive more income. Their income consisted of (i) net agricultural income, accounted for 40% of their total income, and (ii) non-farm income, accounted for 60% of their total income.
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Table 5: Compensation for Returning Arable Land to Wetland and for Ground Attachments in Wetland Park No. of No. of Woodland/ Number of Reclaimed Fish Fish pond- Village HHs AHs Threshing Subtotal Graves Total Groups Land ponds care shed Ground unit # # mu mu mu mu Set unit CNY Liuquan 55 36 2 86.41 380.23 1.1 467.74 182 25 1,076,380 Village
No.10 Group 24 24 1 606.741 365.09 9.39 981.22 00 0 490,610 Liuquan Baita Village 6 245 69 172.53 0 0 172.53 19 0 356,460 Subtotal 9 324 129 865.68 745.32 10.49 1621.49 201 25 1,923,450 Sanza Village 5 179 92 343.65 664.79 35.46 1043.9 50 31 2,079,818 Erza Village 1 25 9 18.02 52.57 70.59 47 1 103,482 Subtotal 6 204 101 361.67 717.36 35.46 1114.49 97 32 2,183,300 No.4 Group 72 12 1 30.23 0 50.03 80.26 0 0 166,520 Xiejiawan No.5 Group 49 47 1 78.82 0 39.9 118.72 0 0 276,040 Xiejiawan No.6 Group 58 8 1 26.63 0 32.21 58.84 0 0 172,080 Xiejiawan Subtotal 3 179 67 135.68 0 122.14 257.82 0 0 614,640 Total 18 707 297 1,363.03 1,462.68 168.09 2,993.8 298 57 4,721,390
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
4.2 Collectively-owned Land Acquisition within Zhangye National Wetland Park
4.2.1 Progress of Land Acquisition
30. On April 28, 2011, Zhangye Municipal National Land Resource Bureau applied the land usage for a comprehensive service centre in Zhangye National Wetland Park for Gansu Provincial National Land Resource Bureau. The land with a total of 6.941 ha (104.115 mu) was collectively owned by Group 10 of Liuquan Village. The Wetland Protection Component needs to occupy 21.19 mu out of the 104.115 mu for the project building construction (please see Table 4), as described in Section 2.2 above. The details of land acquisition are presented in Table 6.
Table 6: Project Land Acquisition Situation Acquired Land Of which, Arable Land Group / Village Ha Mu Ha mu Group 10, 6.941 104.115 0.8816 13.224 Liuquan Village
4.2.2 Compensation and Resettlement of Group 10 of Liuquan Village
31. Group 10 of Liuquan had a total land area of about 1,600 mu, including the reclaimed land of 482.7 mu, fish ponds of 365.1 mu and forestry land of 9.4 (857 mu in total) returned back wetland was completed in 2010, contracted land of about 652 mu, and housing land of 91 mu. All land was acquired by Zhangye Wetland Administrative Committee. Villagers of Group 10 of Liuquan will not cultivate the land in future. As the compensation for acquisition of the contracted farmland, each farmer received CNY300 per month from 2009, and CNY400 from 2011. The APs can receive the compensation till death or being offered governmental positions. The compensation will be increased CNY100 in every 10 years according to the agreement between the APs and the IA. In addition, the APs who are over 50 years old can receive CNY 50 per month of minimum living safeguard subsidy. The compensation rates for reclaimed wasteland, woodland, fish ponds are CNY2,000 per mu, for abandoned fish ponds are CNY600 per mu, and for threshing floor are CNY300 per mu. The remaining housing land was replaced by the land with the same area and without extra compensation.
(1) Organization Agency
32. On August 10, 2010, Ganzhou District Government (GDG) held a meeting on the construction of Zhangye Wetland Park and Binhe New Area of Zhangye City, formed meeting minutes, and established organization structure. Representatives of Xindun Town, Group No.10 of Liuquan Village and relevant government divisions participated in the meeting.
(2) Resettlement Compensation
33. On August 27, 2010, Xindun Town Government of Ganzhou District signed House Demolition Agreement with Group 10, Liuquan Village of Xindun Town. Main content of the agreement is as follows:
(i) Remove entire Group 10 of Liuquan Village to a resettlement area of Limin Community of Xindun Town (the exact location is the north of the Residents Site of No.4 Group of Beiguan Village, 50 meters of west extension part of North Avenue);
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
(ii) Xindun Town Government provided relocation housing sites for affected households of Group 10 of Liuquan Village, built a set of unified replacement houses for each household (for resettlement housing and facilities standards, please see “resettlement housing construction agreement for Group 10 of Liuquan Village”). The housing land was transferred to Group 10 of Liuquan Village after acquisitioned by Xindun Town Government in November 2010, and the land use rights belong to Group 10 of Liuquan Village;
(iii) Xindun Town Government paid housing, facilities and trees compensation to relocates. The compensation standard was implemented according to “Zhang Municipal Government (2009) Document No.19”. The housing compensation standards are presented in Table 7.
Table 7: Housing Compensation Standards Unit Category CNY/m2 Brick-Concrete (one storey) 500 Brick-Wood 450 Brick-Wood Mud House 350 Mud-Wood 280 Simple structure 180
(iv) Limin Real Estate Company of Ganzhou District was commissioned by both parties to build resettlement houses for Group 10 of Liuquan Village, which were delivered for use before October 15, 2010, and the affected households purchased the houses according to the building cost.
(v) Xindun Town Government, in coordination with Labor Force Department of Ganzhou District, provided one public welfare job for each affected household, and sign labor contracts. This job was determined by once and wages as well as pensions were provided according to relevant national standards. Affected persons can resign the work freely if they find better jobs.
(vi) Xindun Town Government provided minimum living safeguard subsidy for affected residents over 50 years old of Group 10 of Liuquan Village. All registered and affected villagers of Group 10, who were over 50 years old at 2010 (including 50 years old, were born in 1960 and before 1960), got national CNY 50 subsidy each month since July 1st, 2010, and is adjusted according to change of national minimum living safeguard policy in the future. Since January 1st, 2011, the compensation standard for contracted land has been adjusted from CNY 300 to CNY 400 per month for each person below 50 years old, and CNY 500 per month for each person over 50 years old (including minimum living subsidy)
(g) Employment in the wetland park was given priority to affected households of Group 10.
(h) Projects contracting within the scope of Group 10 of Liuquan Village were given priority to villagers of Liuquan Village under the same conditions.
(i) After the removal of Group 10 of Liuquan Village, the affected households can visit the wetland park conveniently.
(j) The demolition of affected houses of Group 10 should be completed before October 15, 2010. For those who completed house and facilities demolition before September 15, 12
Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
2010, a one-time reward of CNY3000 was provided by Xindun Town Government.
(k) During the transition period, affected households got transition fee of CNY200 per month per household till the final completion and acceptance of the new houses.
(3) Public Participation
34. Opinions of APs were fully consulted before the LAR and when signed the resettlement contracts in 27 August 2010, and all of APs signed the contracts. Signatures of the APs are shown in Photo 1.
Photo 1: Affected People’s Signature on the Agreement
(4) Zhangye Heihe River Wetland Park Protection Project Management Office signed Demolition Purchase Lump Sum Agreement with Xindun Town Government to pay for the cost of the demolition
35. On August 30, 2010, Zhangye Heihe River Wetland Park Protection Project Management Office signed House Demolition Agreement with Xindun Town Government. The agreement specifies the demolition scope is 24 households, plus one village collective committee’s building, of Group 10 of Liuquan Village, with a total compensation fee of CNY4,938,520. The agreement specifies that Xindun Town Government shall pay fees for demolition compensation, resettlement subsidy, compensation of trees as well as ground attachments and so on to affected farmers before October 15, 2010 according to “Zhang Municipal Government Document No.19”. The components of house compensation are presented as Table 8.
Table 8: House Compensation Unit: CNY Category Fee House 2,672,749 Collective attachments 974,690 Collective house 26,495 Trees 1,179,586 Transition fee 10,000 Reward fee 75,000 Subtotal 4,938,520
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
(5) Transfer Agreement of Ground Attachments
36. On September 15, 2010, Group 10 of Liuquan Village signed Transfer Agreement of Ground Attachments with Zhangye Heihe River Wetland Park Protection Project Management Office.
(6) Household Survey
37. Twenty four households were surveyed by an independent consultant, and they all received compensation in accordance with the agreement and policy. Each household has a new house with building area of 79 m2. The price of new houses is CNY 83,740 each apartment. Most AHs can pay for the new housing with the compensation, and remained some money.. The price is lower than the house compensation fee for most of AHs. The structure of new houses is all brick-concrete with tap water, electricity, roads, drainage, TV cable, communications meet the requirements.
38. Since January 1st, 2011, for APs below 50 years old receive CNY400 living fee per month per person, and for APs over 50 years old receive CNY500 living fee per month per person, and these fees can guarantee basic living cost. Meanwhile, Ganzhou District Government provided one public welfare job for each household, with an income of CNY1,070 per month per person (including social security funds), and the actual income is CNY670 per month per person. The income level is improved greatly compared with that before the resettlement. House compensation details are presented in Table 9.
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Table 9: Compensation Situation of Affected Households House HH Reward Date Received New house Amount Paid for Date Moved to Affected APs Transition fee No. area compensation fee Compensation area the new house New House Household 2 2 person m CNY CNY CNY m CNY 1 Juncai Yuan 3 102.64 113216.4 400 3000 2010.9.15 79 83,740 2010.11.28 2 Mingcai Yuan 4 113.9 83198.0 400 3000 2010.9.15 79 83,740 2010.11.28 3 Yulong Miao 5 223.6 94597.8 400 3000 2010.9.15 79 83,740 2010.11.28 4 Yuman Miao 4 184.2 108297.8 400 3000 2010.9.15 79 83,740 2010.11.28 5 Yuhu Miao 3 204.9 102653.4 400 3000 2010.9.15 79 83,740 2010.11.28 6 Yufeng Miao 4 226.8 119310.4 400 3000 2010.9.15 79 83,740 2010.11.28 7 Dicai Yuan 2 181.6 104092.0 400 3000 2010.9.15 79 83,740 2010.11.28 8 Tiancai Yuan 4 237.8 134976.0 400 3000 2010.9.15 79 83,740 2010.11.28 9 Doucai Yuan 4 177.2 95617.6 400 3000 2010.9.15 79 83,740 2010.11.28 10 Tongcai Yuan 4 189.5 85773.0 400 3000 2010.9.15 79 83,740 2010.11.28 11 Keyou Yuan 2 166.8 76082.0 400 3000 2010.9.15 79 83,740 2010.11.28 12 Weicai Yuan 3 416.6 172108.4 400 3000 2010.9.15 79 83,740 2010.11.28 13 Tiecai Yuan 3 191.9 102675.8 400 3000 2010.9.15 79 83,740 2010.11.28 14 Xiaocai Yuan 2 162.2 82725.6 400 3000 2010.9.15 79 83,740 2010.11.28 15 Jiancai Yuan 4 153 78054.0 400 3000 2010.9.15 79 83,740 2010.11.28 16 Gencai Yuan 4 233.5 140373.4 400 3000 2010.9.15 79 83,740 2010.11.28 17 Congcai Yuan 3 206.9 100554.2 400 3000 2010.9.15 79 83,740 2010.11.28 18 Tianlei Fan 5 124.4 53532.0 400 3000 2010.9.15 79 83,740 2010.11.28 19 Juncai Yuan 4 379.2 184423.0 400 3000 2010.9.15 79 83,740 2010.11.28 20 Fucai Yuan 4 252.1 149617.6 400 3000 2010.9.15 79 83,740 2010.11.28 21 Hongcai Yuan 3 183.9 104201.4 400 3000 2010.9.15 79 83,740 2010.11.28 22 Jianguo Yuan 4 247.9 144157.0 400 3000 2010.9.15 79 83,740 2010.11.28 23 Kehong Yuan 5 312.8 161087.8 400 3000 2010.9.15 79 83,740 2010.11.28 24 Kehu Yuan 3 192.7 81425.0 400 3000 2010.9.15 79 83,740 2010.11.28 25 Collective Community 81.4 26,495.0 Total 86 2,699,244.6 9,600 72,000 2,009,760
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
(7) Interview Interview time: June 2nd, 2011
Interviewed: Kehong Yuan, Secretary, Group 10 of Liuquan Village
Twenty four households moved into here on November 28, last year (2010). Each household has construction area of 79 m2, and the cost price of the building is RMB 28,000. Housing infrastructure has all been completed, and the whole community is good.
Our group reclaimed wasteland 860 mu, and the total land area was 1,600 mu, with 91 persons. The compensation for returning arable land to wetland has been distributed in about 2,000 yuan per mu completely. Because our group is located in the central area of Wetland Park, so since 2009, we are not engaged in agriculture anymore, and for two years, people below 50 years old receive CNY 300 per person per month, and people over 50 years old receive CNY 350 per person per month. Since January 2011, people below 50 years old receive CNY 400 per person per month, and people over 50 years old receive CNY 500 per person per month. These can meet basic living. Meanwhile, People’s Government of the town also provided public welfare job to ensure one employment position for each household. From the current resettlement situation, the housing and living problems are solved, and we support wetland protection of our country. For the resettlement site of No.10 Group Liuquan Village, please see Photo 2. The new houses have tap water, indoor toilet, wastewater pipeline and a better conditions than what they lived in before.
Photo 2：The Resettlement Site of Group 10 of Liuquan Village
(8) Income Analysis before and after the Resettlement
Before the resettlement, annual income per capita of Group 10 of Liuquan Village is CNY 5,196, including agricultural income of about CNY2,131 and salary income of about CNY 3,067. After the resettlement annual income per capita is CNY 9,533, increased CNY 4,335, including compensation for contracted farmland of CNY5,495, bank interest of CNY746 and salary income of CNY3,292. Income level of the immigrants is stable, and improved. For the income analysis before and after the resettlement, please see Table 10.
Table 10: Income Analysis before and after the Resettlement
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Gansu Urban Infrastructure Development and Wetland Protection Project Zhangye Wetland Protection Component
Population person 91 Reclaimed mu 857 wasteland Before the Arable land mu 652 resettlement Income CNY 473,000 Per capita CNY 5,198 Interest CNY 67,925 Basic income CNY 799,560 After the - Welfare income CNY 500,000 resettlement Subtotal CNY 867,485 Per capita CNY 9,533 Income CNY 394,485 Difference Per capita CNY 4,335
V. Conclusion i. The Wetland Protection Component is in accordance with “Gansu Province Wetland Protection Regulations” (approved by the 7th meeting of the tenth Provincial NPC Sanding Committee, November 28th, 2003). ii. The Wetland Protection Component is in accordance with “Zhangye Heihe River Basin Wetland Management Regulations” (discussed and approved by the 8th municipal government executive meeting, November 13th, 2006). iii. The Wetland Protection Component received the support of the residents within the wetland protection area. APs understand importance of wetland protection and cooperated with local governments during the LAR and returning the reclaimed land back to wetland. No APs refused to house demolition and return the reclaimed land to wetland. All 24 households of Group No. 10 of Liuquan Villages moved into new houses in required time and are satisfied with their new houses. iv. All buildings of the Wetland Protection Component are to be constructed on state-owned land which was transferred from collective ownership in 2010. v. The IA has provided compensation for returned arable land to wetland within the wetland protection area. The average agricultural income from the reclaimed land was about CNY100 per mu, which was accounted for less than 3% of the total income of APs. APs received CNY2,000 per mu for returning the land, which is about 20 times of their agricultural production. Their income didn’t decrease. vi. Affected 24 households of Group 10 of Liuquan Village have received compensation and completed relocation; they have moved to new houses, and were satisfied with the housing relocation. vii. The 24 households of Group 10 of Liuquan Village have received basic social security (welfare) ranging from CNY400 to 500 per person per month. viii. Among the 24 households of Group 10 of Liuquan Village, for each household, there is at least one person have had a public welfare job, and have received steady income. ix. The income of the 24 households of Group 10 of Liuquan Village after the resettlement increased by CNY4,335 per capita compared with that before the resettlement, and the affected people are satisfied with the job replacement. And x. There are no remaining issues regarding the return of farmland to wetland and resettlement of Group 10 (24 households), so the construction land of wetland protection project can proceed.
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