Resettlement Plan (Draft)
July 2016
PRC: Ningxia Liupanshan Poverty Reduction Rural Road Development Project
Prepared by the Transportation Department of Ningxia Hui Nationality Autonomous Region for the Asian Development Bank.
CURRENCY EQUIVALENTS CNY 1.00 = US$0.16243 US$1.00 = CNY 6.1565
ABBREVIATIONS AAOV – Average Annual Output Value ADB – Asian Development Bank AHs – Affected Households APs – Affected Persons AV – Administrative Village CRO – County Resettlement Office DI – Design Institute DMS – Detailed Measurement Survey DRO – District Resettlement Office FS – Feasibility Study HD – House Demolition LA – Land Acquisition LAB – Land and Resources Bureau LAR – Land Acquisition and Resettlement LEF – Land-Expropriated Farmer L&RO – Land & Resources Office M&E – Monitoring and Evaluation MOU – Memorandum of Understanding NDRC – National Development and Reform Commission NHARTD – Ningxia Hui Autonomous Region Transport Department PADO – Poverty Alleviation and Development office PPTA – Project Preparatory Technical Assistance PRA – Participatory Rural Appraisal PRO – Project Resettlement Office RIB – Resettlement Information Booklet RP – Resettlement Plan SES – Socioeconomic Survey SPS – Safeguards Policy Statement of ADB TRO – Town/township Resettlement Office YCG – Yuanzhou District Government YZPMO – Yuanzhou District Project Management Office
WEIGHTS AND MEASURES km – kilometer m² – square meter mu – 666.7 m²
NOTES (i) In this report, "$" refers to US dollars.
(ii) This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
(iii) In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
NINGXIA LIUPANSHAN POVERTY REDUCTION RURAL ROAD DEVELOPMENT PROJECT FINANCED BY THE ADB
Resettlement Plan for
Guating–Guyuan Road & Wanzhang–Sanying Road project of Yuanzhou District of Guyuan City in Ningxia Hui Autonomous Region
(Draft based on preliminary design)
July 2016
Prepared by Transportation Department of Ningxia Hui Nationality Autonomous Region
宁夏回族白治区交通运输厅
Endorsement Letter
22Ju1y2016
Mr. Masahiro Nishimura Transport Specialist Asian Development Bank 6 ADB Avenue Mandaluyong City Metro Manila 1550 Philippines
Subject: P48023-PRG Ningxia Liupanshan Poverty Reduction Rural Road . Development project
Dear Mr. Masahiro Nishimura
In accordance with le]9ya$ laws and legislations of the pRG government Policy statement (sPS) 2oog, Resetflement plans (Rps) and a consoli D;yglonment Plan (EMDP rring att irrqelt components. (GAP) covering all project These reports are prepa pregared for the proposed projbct roads by institutes as well as site reconnaissance by consultant team. This is to formally advise you that there is no objection to the Rps, EMDp and GAp documents being posted on the ADB website according to ADB disclosure procedures. We further confirm that we will implement all required actions as set out in the RP, EMDP and GAp during project implementation and accept ADB's supervision and inspection of the action plan implemihtaiion and disclosure of monitoring reports dudng implementation.
Yours sincerely,
Deputy Director, Planning Division Ningxia Department of Transport
GLOSSARY Affected person (or – Those who are physically displaced (relocation, loss of household) residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas Compensation – Money or payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income Entitlement – Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base Income restoration – Reestablishing income sources and livelihoods of people affected Resettlement – Rebuilding housing, assets, including productive land, and public infrastructure in another location Resettlement Impact – Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms Resettlement Plan – A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation Significantly affected – Persons who lose 10% or more of their farmland or income, or household persons who are affected by entire house demolition and need to be relocated Vulnerable Group – Distinct groups of people who might suffer disproportionately from resettlement effects, as specified in this plan
CONTENTS EXECUTIVE SUMMARY ...... 0 1 PROJECT OVERVIEW ...... 0 1.1 PROJECT BACKGROUND ...... 0 1.2 OVERVIEW OF PROJECT PREPARATION ...... 2 1.3 SUBPROJECTS IN YUANZHOU DISTRICT ...... 3 1.4 MEASURES EMPLOYED TO AVOID OR FURTHER REDUCE LAND ACQUISITION AND DEMOLITION ...... 5 2 PROJECT IMPACT ...... 0 2.1 SURVEY METHOD AND PROCESS ...... 0 2.1.1 Project Survey at the Early Stage ...... 0 2.1.2 Data source and survey method ...... 0 2.2 PROJECT IMPACT SCOPE AND OVERVIEW ...... 1 2.3 IMPACT OF PERMANENT COLLECTIVE LAND ACQUISITION ...... 2 2.4 TEMPORARY LAND OCCUPATION ...... 4 2.5 ANALYSIS OF IMPACT OF RESIDENTIAL HOUSE DEMOLITION ...... 4 2.6 IMPACT OF DEMOLISHED BUILDINGS OF ENTERPRISES AND PUBLIC INSTITUTIONS ...... 5 2.7 AFFECTED INFRASTRUCTURE AND GROUND ANCILLARY FACILITIES ...... 5 2.8 AFFECTED POPULATION ...... 5 2.8.1 Overview ...... 5 2.8.2 Affected vulnerable groups ...... 6 2.8.3 Project impact on women ...... 6 2.8.4 Affected minority population ...... 7 3 SOCIAL AND ECONOMIC PROFILE ...... 0 3.1 SOCIOECONOMIC PROFILE OF PROJECT AREA ...... 0 3.1.1 Socioeconomic profile of Guyuan City ...... 0 3.1.2 Socioeconomic Profile of Yuanzhou District ...... 1 3.1.3 Socioeconomic profile of affected towns ...... 1 3.1.4 Introduction to Socioeconomic status of affected villages ...... 2 3.2 SOCIOECONOMIC PROFILE OF AFFECTED VILLAGES ...... 3 3.2.1 Sample survey ...... 3 3.2.2 Nationality and gender ...... 3 3.2.3 Age structure ...... 4 3.2.4 Education background...... 4 3.2.5 Housing size ...... 5 3.2.6 Farmland resource ...... 5 3.2.7 Household income and expenditure ...... 5 3.2.8 Public opinion survey ...... 6 3.3 AFFECTED ENTERPRISES AND PUBLIC INSTITUTIONS AND SENSIBILITY IMPACT ...... 7 3.4 WOMEN’S DEVELOPMENT IN PROJECT AREA ...... 7 3.4.1 Rural women profile in project areas ...... 7 3.4.2 Women’s roles in household livelihoods ...... 8 3.4.3 Women’s transport needs ...... 8 3.4.4 Project Impacts on Women ...... 8 3.4.5 Measures in RP in facilitating women’s development ...... 9 4 LEGAL FRAMEWORK AND POLICIES ...... 0 4.1 ADB'S POLICY ...... 0 4.2 THE PRC’S LAWS AND REGULATIONS ON LAND ACQUISITION AND RELOCATION...... 0 4.3 RELEVANT POLICIES OF NINGXIA HUI AUTONOMOUS REGION AND YUANZHOU DISTRICT...... 2 4.4 ADB’S POLICY REQUIREMENTS ON INVOLUNTARY RESETTLEMENT ...... 3 4.5 DIFFERENCES OF ADB’S AND LOCAL POLICIES ...... 4 4.5.1 Compensation and resettlement for house ...... 4 4.5.2 Compensation and resettlement for land ...... 4 4.5.3 Compensation and resettlement for vulnerable groups ...... 5 4.5.4 Consultation and disclosure ...... 5 4.5.5 Resettlement monitoring, evaluation and reporting ...... 5
5 COMPENSATION PRINCIPLE AND ENTITLEMENT ...... 5 5.1 RESETTLEMENT PRINCIPLES ...... 5 5.2 CUT-OFF DATE OF COMPENSATION ...... 6 5.3 COMPENSATION RATE FOR PERMANENT LAND ACQUISITION ...... 6 5.4 TEMPORARY LAND OCCUPATION ...... 7 5.5 COMPENSATION RATE FOR HOUSE DEMOLITION ...... 7 5.6 COMPENSATION FOR GROUND ATTACHMENT AND INFRASTRUCTURE ...... 9 5.7 COMPENSATION FOR YOUNG CROPS ...... 10 5.8 STANDARD OF OTHER COSTS ...... 10 5.9 ENTITLEMENT MATRIX...... 10 6 INCOME RESTORATION AND HOUSING RESETTLEMENT MEASURES ...... 13 6.1 IMPACT OF LAND ACQUISITION AND INCOME RESTORATION MEASURES ...... 13 6.1.1 Impact of and acquisition...... 13 6.1.2 Income restoration plan and assistance measures ...... 15 6.2 RESETTLEMENT AND HOUSING DEMOLITION PLAN FOR RESIDENCE ...... 19 6.2.1 House Demolition Impacts and Relocation options ...... 19 6.2.2 Other subsidy policy ...... 19 6.3 MEASURES FOR VULNERABLE GROUPS ...... 19 6.4 WOMEN’S DEVELOPMENT MEASURES ...... 20 6.5 RECOVERY PLAN OF GROUND ATTACHMENTS AND SPECIAL FACILITIES ...... 21 7 INSTITUTIONAL ARRANGEMENTS ...... 21 7.1 INSTITUTIONAL ARRANGEMENTS ...... 21 7.2 ORGANIZATIONAL RESPONSIBILITY ...... 22 7.3 STAFFING AND EQUIPMENT ...... 25 7.3.1 Staffing ...... 25 7.3.2 Equipment ...... 25 7.3.3 Organizational Training Program ...... 25 8 RESETTLEMENT BUDGET ...... 26 8.1 RESETTLEMENT BUDGET ...... 26 8.2 RESETTLEMENT INVESTMENT PLAN AND SOURCE OF FUND ...... 27 8.3 MANAGEMENT AND DISBURSEMENT OF RESETTLEMENT FUNDS ...... 27 8.4 APPROVAL OF BUDGET INCREASE ...... 28 9 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS ...... 29 9.1 PUBLIC PARTICIPATION ...... 29 9.1.1 Stakeholder identification and information disclosure ...... 29 9.1.2 Participation during project preparation ...... 29 9.1.3 Participation plan during implementation ...... 32 9.1.4 Adaptation of RP based on public opinions ...... 34 9.2 GRIEVANCES AND REDRESS ...... 34 9.2.1 Grievances ...... 34 9.2.2 Grievance Procedures...... 34 9.2.3 Grievance Redress Principle ...... 36 9.2.4 Contents and Form of Reply to Complaints ...... 36 9.2.5 Report of Grievance ...... 36 10 IMPLEMENTATION PLAN OF LAND ACQUISITION AND RESETTLEMENT ...... 37 10.1 PRINCIPLE FOR IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT ...... 37 10.2 RP IMPLEMENTATION SCHEDULE ...... 37 11 MONITORING, EVALUATION AND REPORT ...... 40 11.1 INTERNAL MONITORING ...... 40 11.2 EXTERNAL MONITORING ...... 40 11.3 SCOPE AND METHODOLOGY OF EXTERNAL MONITORING ...... 40 11.4 POST EVALUATION RESETTLEMENT COMPLETION REPORT ...... 42 ANNEXES ...... 43 ANNEX A RESETTLEMENT INFORMATION BOOKLET ...... 43 ANNEX B KEY EXCERPTS OF LOCAL REGULATIONS ...... 63 ANNEX C TERMS OF REFERENCE FOR EXTERNAL MONITORING AND EVALUATION AGENCY ...... 70
List of Tables Table 1-1 Basic Information of Guanting-Guyuan Section of Guyuan-Xiji Road Project ...... 4 Table 1-2 Basic Information of Wanzhang-Sanying Road ...... 5 Table 2-1 Towns and Administrative Villages Affected by Land Acquisition and Demolition of the Project ...... 1 Table 2-2 Permanent Acquisition of Collective Land (by affected village) ...... 2 Table 2-3 Farmland Loss Affected by Project Land Acquisition (by affected HH) ...... 2 Table 2-4 Farmland Loss of the Households Affected by LA ...... 3 Table 2-5 List of Impact of Demolished Rural Residential House ...... 4 Table 2-6 Demolition of Residential Houses ...... 4 Table 2-7 Affected Ground Ancillary Facilities ...... 5 Table 2-8 Affected Population ...... 5 Table 2-9 Basic Information of Vulnerable Groups of Yuanzhou District Road Project...... 6 Table 3-1 Socioeconomic Profile of Guyuan City ...... 0 Table 3-2 Social and Economic Status of Yuanzhou District ...... 1 Table 3-3 Social and Economic Status of Affected Towns ...... 2 Table 3-4 Socioeconomic Indicators of the Affected Villages ...... 2 Table 3-5 Sampling Proportion ...... 3 Table 3-6 Analytical Table of Income and Expenditure of Surveyed Households ...... 5 Table 3-7 Public Opinion Survey ...... 6 Table 5-1 Resettlement Principles of the Component ...... 5 Table 5-2 Compensation Standard for the Project Land ...... 7 Table 5-3 Compensation Standard for Demolition of Residential House and Ancillary Facilities ...... 8 Table 5-4 Cost of House by Type ...... 9 Table 5-5 Compensation Standard for Ground Attachments and Infrastructure ...... 9 Table 5-6 Tax and Fee Standard of Resettlement ...... 10 Table 5-7 Compensation Entitlement and Resettlement Policy Matrix ...... 10 Table 6-1 Permanent Land Acquisition Impact ...... 14 Table 6-2 Summary Sheet of Resettlement Willingness of the Acquired Households ...... 15 Table 6-3 Post information ...... 16 Table 6-4 Training Plan for Project Implementation ...... 18 Table 6-5 Demolition Scheme of Residential Houses ...... 19 Table 8-1 Resettlement Budget ...... 26 Table 8-2 Resettlement Investment Plan ...... 27 Table 9-1 Public Participation during Project Preparation ͧFinishedͨ ...... 31 Table 9-2 Project Public Participation Scheme ...... 32 Table 10-1 Schedule of Relocation and Resettlement Activities ...... 37 Table 11-1 Schedule of Monitoring and Evaluation ...... 41
List of Figures Figure 1-1 Sketch Map of Project Distribution ...... 2 Figure 3-1 Age Distribution Structure ...... 4 Figure 3-2 Distribution Structure of Education ...... 4 Figure 7-1 Project Relocation Organizations ...... 22 Figure 8-1 Resettlement Funds Flow of Distribution ...... 28 Figure 9-1 Public survey site ...... 30
EXECUTIVE SUMMARY
E1. DESCRIPTION OF THE PROJECT
1. Yuanzhou District subproject (the subproject) includes the reconstruction and expansion of two roads, named as, Guanting-Guyuan Road and Wanzhang-Sanying Road: (i) Guanting-Guyuan Road is built based on the standard of secondary road (Class II). It (K0+000) starts from the boundary of Yunwu Mountain Nature Reserve in the north of Guanting Village, and ends at the intersection of Guyuan-Xiji Highway and Eastern Ring Road of Guyuan City, with the total length of 26.33 km. Section K0 – K1+245 has the planned subgrade/pavement width of 10m/8m. The subgrade/pavement width of section K1+245 – K1+670 is planned to be 12m/10m; that of section K1+670 – K5+000 is planned to be 10m/8m, and that of K5+000 – K26+330 is planned to be 8.5m/7m. The total investment is estimated to be CNY 229,310,500. (ii) Wanzhang-Sanying Road in Yuanzhou District is constructed in accordance with the standard of tertiary (Class III) highway reconstruction project. It (K0+000) starts from Wanzhang Village at the boundary of western foot of Yunwu Mountain in the southwest of Zhaike Town in Guyuan City, and ends at K31+700, namely Line G344 (K301+900 of the former Line S101), with the subgrade/pavement width of 8.5m/7m and total length of about 31.7 km. The total investment is estimated to be CNY 168,420,200.
E2. LAND ACQUISITION AND RESETTLEMENT SCOPE
2. The land acquisition and resettlement (LAR) will affect four towns and ten administrative villages (see Table 2-1). A total of 1,218.2 mu of land will be acquired, including 453 mu of dry farmland, 2.5 mu of residential land, 738.9 mu of unused land, and 23.8 mu of forest land. 269 households with 1,130 persons will be affected by LA. 650m2 of brick-wood houses will be demolished, which will affect 6 HHs with 30 persons, among which one household with five persons will be affected by entire HD. In total, 269 HHs with 1,130 persons will be affected by LA and/or HD. According to the survey, no households will lose more than 10% of farmland and income. In sum, only one household with 5 persons to be affected by HD are classified as severely affected. No enterprises, shops, mosques, schools, hospitals or other sensitive facilities are affected. In addition, some scattered ground attachments such as trees, enclosures, and electricity and telecommunication facilities will be affected.
3. There are more Hui people in the affected area, but the project mainly involves the reconstruction of old roads, it will not exert negative influence on the custom and religious facilities of local Hui people. Since the project will improve local transportation conditions, Hui people all positively support the implementation of the subproject.
E3. RESETTLEMENT PRINCIPLES AND ENTITLEMENTS
4. The Resettlement Plan (RP) is prepared in accordance with the related land acquisition and house demolition policies of Yuanzhou District, Guyuan City, Ningxia Hui Autonomous Region, PRC, as well as Safeguards Requirement 2 Involuntary Resettlement in ADB’s Safeguards Policy Statement (SPS 2009). The objective of the RP is to ensure the affected production and infrastructure is recovered, affected labor forces are reemployed, demolished housing is rebuilt, and the incomes and lives of affected persons (APs) are improved or at least restored to the pre-project (physical and/or economic) levels.
E4. COMPENSATION STANDARDS
0 5. The resettlement policy of this RP is in accordance with ADB SPS 2009, national laws, regulations, and rules, as well as the resettlement policies of Yuanzhou District, Guyuan City, Ningxia Hui Autonomous Region, and based on the full and extensive consultations with the APs and confirmation of the project implementing agency. It can be implemented after the approval of local governments.
6. The compensation standard for farmland and residential land acquisition is CNY 6,400 /mu in Guanting Town, Sanying Town, Touying Town and Zhaike town in Yuanzhou District.
7. The compensation standard for Forest land is CNY 4,480 /mu, accounting for 70% of that for farmland in the area.
8. The compensation standard for unused land is CNY 1,280 /mu, accounting for 20% of that for farmland in the area.
9. Based on the policy that the compensation for common crops should be compensated in accordance with their average annual output value in the last three years, the compensation fee for young crops is determined to be CNY 700 /mu.
10. According to the ADB policies and national provisions, market price evaluation is adopted for rural residents’ housing and the compensation standard for house demolition therefor meets the replacement cost principle. The compensation price will not be lower than the base price stipulated in this plan, and will increase appropriately based on the housing market in similar regions in 2016. The specific standards are: CNY 600 per m² for brick-wood structures, CNY 310 per m² for earth-wood structures, and CNY 100 per m² for simple house structures. The Affected households (AHs) will receive a moving allowance of CNY 1,000 per household, and transition subsidies of CNY 300 per HH per month with the period not over 6 months in total. The compensation standards for other affected assets including trees, surface attachments, and water and power facilities are set according to replacement cost.
11. Compensation for land acquisition, residential housing, and other attachments will be paid directly to the affected villages or APs respectively.
E5. RESETTLEMENT AND LIVELIHOOD REHABILITATION
12. The household income in the project area is mainly from migrating work, agriculture, and husbandry. Migrating work accounts for the largest proportion. The land acquisition impacts on household’s net income are therefore limited and will have minimal impact on the livelihood standards of the affected households. To minimize the resettlement impacts on APs and restore their living standards, a rehabilitation plan has been developed and included in this RP. The comprehensive compensation package that will be used by the affected households, which includes expanding cash crop plantation, improving existing low yield cash crops and land rental to expand agricultural plantation, can offset the losses incurred due to the land acquisition impacts. Additionally, arranged jobs, waged non-farming jobs, off-farming business, and special measures for vulnerable groups have been put in place.
13. For physically displaced households (i.e., house demolition), options as follows are available for them to choose according to their own desire in order to restore their living condition. In both cases, cash compensation for Residential land, house structures and attachments based on replacement costs as well as transfer allowances will be provided. The major options include:
1 (i) Cash compensation and self-relocation by displaced household. The compensation standard will be determined in accordance with replacement cost proposed in the resettlement plan. (ii) Resettlement on site policy: Since the residential land per household affected by the subproject are large, the AHs can rebuild a house within the scope of their residential land after demolition. The compensation covers compensation for residential land, compensation for housing. (iii) Allocated resettlement and subsidy policy: The villagers committees select and allocate appropriate Residential land to the affected households, and the allocated area shall be not less than the former area. And the villagers committees have promised that they will arrange Residential lands within their village to relocate the APs and the resettlement place will be determined before the project is constructed.
E6. PUBLIC PARTICIPATION AND GRIEVANCE
14. From April to June 2016, three socioeconomic surveys and public opinion consultation activities were carried out with the APs (including 50% women) by the project design agency and Survey Group of Shaanxi Academy of Social Sciences. The PMO, implementing agency, affected villages, towns/townships, and APs have consulted with each other on land acquisition and resettlement of the project. The issues raised include compensation scheme, resettlement plan, fees payment, economic recovery, resettlement site and procedures and their concerns and comments have been integrated into the RP. Further consultations will be held during the implementation of the RP. A grievance redress procedure has been established for the APs to manage LAR and other project related issues. Both oral and written grievances received and their redress actions will be recorded and will be made available to the external monitor and ADB missions on request. The affected masses can also lodge a complaint to the external monitoring and evaluation agency.
E7. INSTITUTIONAL ARRANGEMENT
15. Transportation Department of Ningxia Hui Nationality Autonomous Region is the executing agency (EA), who will be responsible for organizing and applying for ADB loan, coordinating the implementation of the RP, supervising and checking the payment and use of land acquisition, demolition, and resettlement fees, formulating land acquisition and demolition progress reports, and providing training for personnel of the project implementing agency.
16. Yuanzhou district Transport Bureau (CTB) on behalf of Yuanzhou District Government is the implementing agency (IA) of the Yuanzhou district subproject. Yuanzhou PMO as a working body set up in the CTB in is mainly responsible for organizing the resettlement work of the subproject, and making decisions and consultation on major issues arising from construction and resettlement.
17. Yuanzhou Project Resettlement Office (CRO) under Yuanzhou PMO is responsible for the detailed work of preparation and implementation of the RP. Each involved town government and the affected village and community committees are responsible for working with Yuanzhou Project Resettlement Office in the implementation of this RP. 1-2 leaders in each town government and each village committee respectively will be nominated to lead the RP preparation and implementation.
2 E8. RESETTLEMENT IMPLEMENTATION SCHEDULE
18. The resettlement implementation schedule has been prepared based on the preparation and construction progress of Yuanzhou district road engineering. However, the final schedule needs to be updated based on the final design and detailed measurement before civil works contract is signed. The construction of subproject is expected to start in July 2017. It is therefore scheduled that land acquisition and housing demolition will commence in April 2017, and completed in April 2018. However, rehabilitation and residence allocation may take longer to complete. Ningxia PMO has agreed to a set of supervision milestones with ADB to ensure timely and effective implementation of the resettlement work.
E9. RESETTLEMENT COST 19. The resettlement costs are budgeted for the project. According to the price in 2016, the resettlement costs total CNY 12,107,945, including basic fee of CNY 5,038,936. In terms of impact category, the fee for permanently acquired collective land is CNY 4,284,716; housing demolition cost is CNY 406,800; and compensation fee for ground attachments is CNY 113,420. Compensation fee for public facilities is CNY 234,000. Other fees include the CNY 30,000 of aid for vulnerable groups, CNY 150,000 for resettlement plan formulation and monitoring fee, CNY 5,738,287 of land taxes/fees, and CNY 1,100,722 for contingency.
E10. MONITORING AND EVALUATION
20. To ensure the land acquisition and resettlement work is implemented smoothly as planned, two supervision modes are adopted by two institutions. Firstly, external supervision system composed of governmental departments (Ningxia PMO and county PMO) conducts supervision based on RP clauses from the perspective of administrative management. Secondly, Ningxia PMO will engage an independent external resettlement monitoring institute or firm to undertake external monitoring of the RP implementation. A baseline study will be conducted before the LAR begins and the first monitoring report will be submitted shortly thereafter. 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 evaluation reports will be submitted to ADB for 2 years or longer if there are any remaining issues.
3 1 Project Overview 1.1 Project Background
1. The Ningxia Hui Autonomous Region is one of the most underdeveloped provinces/regions in PRC. In 2015, its per capita GDP, per capita income of urban residents, and per capita income of rural residents respectively accounted for about 88.98％, 80.74％, and 76.4％ of the national average values, ranking 30th, 24th, and 24th among 31 administrative provinces and regions. There are 22 counties (districts) in Ningxia, and eight of them have been listed as nationally designated poor counties, accounting for 36.4% of the number of all counties and districts.
2. The poverty-stricken areas in Ningxia are mainly distributed in the mountain areas of southern Ningxia, including Guyuan City (Xiji County, Pengyang County, Longde County, Jingyuan County, and Yuanzhou District), as well as Hai County in Zhongwei City and Wuzhong City (Tongxin County and Yanchi County), which are collectively known as “Xihaigu” region (national-level poverty county), one of the “Three-Xi” (Hexi and Dingxi City of Gansu Province and Xihaigu Area of Ningxia Hui Autonomous Region ) poverty-stricken regions in PRC.
3. Liupanshan region involved in the project is located in the mountain area of southern Ningxia, including Xiji County, Pengyang County, Jingyuan County, Yuanzhou District, Hai County, and Tongxin County, which are key poverty relief and development regions in PRC, as well as the destitute areas among poor rural areas nationwide and national-level poverty- stricken counties. Due to the poor natural conditions and economic foundation, and limited investment, and other constraints, the highway traffic in the region is featured by poor layout, low technical standard, insufficient construction funds, etc., and cannot satisfy the demands of economic and social development. Currently, undeveloped traffic and other infrastructure have become the bottleneck and disadvantage for the development of Liupanshan destitute area, and the poor transport infrastructures have become the most serious problem reported frequently by the masses in Liupanshan.
4. In order to accelerate the development of Liupanshan, enhance poverty alleviation, guarantee and improve people’s livelihood, facilitate people to overcome poverty and achieve prosperity, ensure all people can share the reform and development achievements, boost PRC Western Development, promote the coordinated development of regions, and achieve the overall strategic objective of national regional development, Transportation Department of Ningxia Hui Nationality Autonomous Region grasps the opportunity of historical development, starts from eliminating the phenomenon that undeveloped traffic and infrastructure restrict the development of contiguous destitute areas in Liupanshan, and now plans to implement Liupanshan rural road development project for poverty alleviation in Ningxia Hui Autonomous Region with the ADB loan, which includes seven subprojects, involving Xiji County, Pengyang County, Jingyuan County and Yuanzhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
5. The construction of Liupanshan rural road development project for poverty alleviation in Ningxia Hui Autonomous Region with the ADB loan mainly targets at: 1) improving the technical grade for road network project, increasing network capacity, and perfecting regional road network; 2) enhancing the connection between the project area and surrounding area, improving regional traffic condition, and promoting the economic development of the project area and region; 3) constructing seven trunk roads and 21 feeder roads in Xiji County,
0 Pengyang County, Jingyuan County, and Yuanzhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
6. As required by ADB, resettlement plan should be formulated for seven trunk roads and two feeder roads. The other 19 roads are farm roads serving agricultural production within villages based on the provision of Notice of the General Office of Ministry of Land and Resources on Further Regulating the Identification of Land Category for Rural Roads (Guo Tu Zi Ting [2013] No.581) (see Section 4.1), so they are people-benefit projects with very limited negative impact compared to the project benefits and counties will arrange the land acquisition and relocation according to local standards. The project will benefit about 2.10 million residents from six project counties and districts as well as surrounding provinces, counties and cities, of which, urban residents and rural residents respectively account for 16% and 84％.
7. Yuanzhou District subproject: is one of the subprojects of the Project, which includes two trunk roads: (i) Guating–Guyuan Road in Yuanzhou District is constructed as a Class II road rebuilding, with subgrade width of 10.0 m and 8.5 m. It starts from the boundary of Yunwu Mountain Nature Reserve in the north of Guanting Village, and ends at K26+330, namely the intersection of Gu-Xiji Road and Eastern Ring Road in Guyuan City, with total length of 26.33 km. The subgrade/pavement width from K0 to K1+245 is 10m/8m; that from K1+245 to K1+670 is 12m/10m; that from K1+670 to K5+000 is 10m/8m; that from K5+000 to K26+330 is 8.5m/7m. The total investment is estimated to be CNY 229,310,500. (ii) Wanzhang-Sanying Road in Yuanzhou District is constructed as a Class III road rebuilding. It starts from Wanzhang Village at the boundary of western foot of Yunwu Mountain in the southwest of Zhaike Town in Guyuan City, with subgrade/pavement width of 8.5m/7m, and ends at K31+700, namely Line G344 (K301+900 of the formal Line S101). Its total length is about 31.7 km, and total investment is estimated to be CNY 168,420,200.
1 Wangtuan- Yuwang Road
Wanzhang- Zhengji-Jiucai- Sanying Road Sikouzi Road
Guanting-Gu Sectin of Gu- Xiji Road Jiangtai-Xitan- Pingfeng Road
Mengyuan Chunshucha– Chengyang Yangping Road
Shatang (Huanghua County)–Gaodian Road
Figure 1-1 Sketch Map of Project Distribution
1.2 Overview of Project Preparation
8. The project is funded by the Asian Development Bank and NHAR TD. Before engineering implementation, resettlement plan shall be formulated in accordance with the standard and requirements for loan financing project.
2 9. On February 24-26, 2015, ADB Project Launch Delegation (hereinafter referred to as “Launch Delegation”) visited Yinchuan, and determined the content, principle and requirement of project resettlement plan. “Launch Delegation” and Transportation Department of Ningxia Hui Nationality Autonomous Region (executing agency) confirmed that, resettlement plan project for subprojects will be prepared as per involved counties and districts. The resettlement plans for seven trunk roads and two feeder roads in seven counties.
10. On the basis of the task above, Transportation Department of Ningxia Hui Nationality Autonomous Region authorized the consultants and experts from Shaanxi Academy of Social Sciences to formulate corresponding documents. The document is namely RP for trunk road and branch construction confirmed for the subproject. There are four sources for critical data and information in RP: (i) Feasibility study report and preliminary design of the project, preliminary demographic census results, and relevant government documents; (ii) Relevant information of functional department, such as, policy document, work summary and statistical data; (iii) Information of the affected villages and towns and village collectives, such as basic information and statistical report; (iv) Information from focus group discussion (FGDs), interview and household (HH) questionnaire survey.
1.3 Subprojects in Yuanzhou district
11. Yuanzhou District subproject includes the construction of two roads, which are Guanting- Guyuan Road and Wanzhang-Sanying Road. The subproject is located in Yuanzhou District of Guyuan City. The subproject affects four towns and ten administrative villages in total. Guting- Guyuan road is located at Guanting Village of Yuanzhou District in Guyuan City, involving four administrative villages; Wanzhang-Sanying road affects three towns and six administrative villages. The basic information is as below:
(i) Guanting-Guyuan Road
12. The existing road is currently Guyuan-Xiji Highway. It starts from Nanhe Bridge in Yuanzhou District of Guyuan City, connects Lines G344 and G309 via Yuanzhou District, and ends at Xiwanmao at the junction of Gansu and Ningxia, with the whole length of 67.11 km. The highway is the most convenient transport corridor from Yuanzhou District to Huanxian County of Gansu Province. Due to the low-standard design, and increasing traffic, some parts of the roads have been damaged greatly and the traffic capacity and service level have been unable to satisfy the current traffic demands.
13. Based on the planning of relevant road network, the project will start from (K0+000) the boundary of Yunwu Mountain Nature Reserve in the north of Guanting Village, and end at K26+330 connecting with the Eastern Ring Road of Guyuan City, with the total length of 26.33km. (See Sketch Map I). The main control points include Yunwu Mountain Nature Reserve, Guanting Village, Liudian Village, Cheng’ershan Village, intersection of Guyuan-Xiji Highway and Eastern Ring Road of Guyuan City, and Guyuan-Xiji Highway.
14. The total investment of the project is estimated to be CNY 229.3122 million, and the cost is CNY 8,709,200/km on average. The building installation engineering fee is CNY 177,444,700, and CNY 6,739,300/km on average. (See Table 1-1). The project is scheduled to commence in 2017 and complete in 2018.
3 Table 1-1 Basic Information of Guanting-Guyuan Road Construction Project Category Project construction content Project radiation effect grade The project adopts the technical standard of secondary road, The starting point (K0+000) The project is located with design is at the boundary of Yunwu within Guanting Town speed of 60km/h Mountain Nature Reserve on in Yuanzhou District and 40km/h (for the north of Guanting Village, via four villages the sections Guanting- and the ending point (Guanting Village, Road restricted by Guyuan (K26+330) connects with the Liudian Village, reconstruction topographical Road Eastern Ring Road in Miaotai Village, and and geological Guyuan City, with the total conditions), and Cheng’ershan Village). length of 26.33km. The total 6,170 persons in 1,450 subgrade width investment is estimated to be households in four of 10m and 8.5m CNY 229,310,500. villages are affected. (for the sections restricted by topographical and geological conditions). Data source: Socioeconomic and physical impact survey in July 2016.
(ii) Wanzhang-Sanying Road
15. Wanzhang-Sanying Road in Guyuan City is an important part of Zhaike-Sanying Road, the main passage to connect Road G344 and Guyuan-Xiji Road, as well as a convenient passage to connect Sanying, Zhaike, and Huanxian County in Guansu Province. With the adjustment and improvement of national road network and realization of new road network layout, this section’s position in regional road network will be further highlighted, and its transportation and distribution functions will be enhanced, and transportation capacity will be improved greatly. The existing Wanzhang-Sanying Road is of Class IV road standard, and due to being built earlier, it has been in poor condition. In recent years, the rapid development of villages along this section has increased the traffic volume on this section, and as the only important exit connecting the villages along the road to Sanying and Zhaike, this section has been unable to meet the requirements for road capacity and service level.
16. The project starts from the intersection of Wanzhang Village in Zhaike Town at the western foot of Yunwu Mountain and Pingle Village of Touying Town in Guyuan City, and ends at K31+700 of Road G344 (K301+900 of former Road S101), with the total length of about 31.7km. (See Sketch Map II). The main control points include Yunwu Mountain National Nature Reserve, Zhaike-Sanying Road, Lijiacha, Majiawan, Dongyuan Village, Malu Village, and Road G344.
17. The total estimated amount is CNY 168,420,200, and the cost is CNY 5,312,900/km on average. The building installation engineering fee is CNY 131,835,400 and CNY 4,158,800 for each kilometer. (See Table 1-2). The project is scheduled to commence in 2017 and complete in 2018, lasting for two years.
4 Table 1-2 Basic Information of Wanzhang-Sanying Road Project radiation Project Category Project construction content Construction grade effect The project via six villages (Pingle Village, Based on relevant Daibu Village, provisions of the Dongyuan The project starts from the Technical Standard Village, Malu intersection of Wanzhang of Road Village, Village in Zhaike Town at the Engineering (JTG Wanzhang western foot of Yunwu B01-2014), and in Village, and Mountain and Pingle Village of combination with Caichuan Wanzhang- Road Touying Town in Guyuan City, the current Village) affects Sanying reconstruction and ends at K31+700 of Road conditions of old Sanying Town, Road G344 (K301+900 of former roads, the project Touying Town, Road S101), with the total adopts the technical and Zhaike length of about 31.7km. (The standard of tertiary Town in total amount is estimated to be road, with design Yuanzhou CNY 168,420,200). speed of 40km/h District. 2,230 and subgrade width households of 8.5m. with 9,288 people in total are affected in the six villages.
1.4 Measures Employed to Avoid or Further Reduce Land Acquisition and Demolition
18. To avoid or reduce the negative impact of economic and social development and benefit people is the basic objective of this project. The following principles are followed for determination of project site selection and project boundary during the survey and design stages: (i) Avoid cultural landscape (including temples and other religious activity sites) and key cultural relics protection units. (ii) Avoid or try to reduce the existing or planned residential area. (iii) Avoid or try to reduce environmentally sensitive area. (iv) Avoid/minimize house demolition and relocation (v) Avoid/minimize use of good farmland. (vi) Avoid/minimize ground attachments.
19. There are no cultural landscapes or key cultural relics protection units in the project implementation area, so the existing and planned residential area and environment sensitive area will not be affected. The scheme follows the principle of avoiding or furthest reducing the impact of land acquisition and demolition on local economic and social development and people’s life. Therefore, scheme comparison will not be conducted to the planned project at the stage of feasibility research.
5 2 Project Impact
2.1 Survey Method and Process
20. As for the land acquisition and demolition impact of the project at this stage, the survey scope is determined by the FSR and preliminary design. The results of the detailed design and detailed measurement survey shall be updated in the final RP, and the modified RP shall be submitted to ADB for approval prior to contract awards.
2.1.1 Project Survey at the Early Stage
21. The preliminary survey of land acquisition and demolition impact mainly includes two aspects: 1. Document review: Consult the feasibility study report of the project, economic and social development document in the project implementation areas, and statistical data, as well as data collection. 2. Field survey: From March 20, 2016 to July 13, 2016, by consultant experts of Shaanxi Academy of Social Sciences together with and the personnel in charge of compilation of feasibility study report and relevant personnel of the project implementing agency conducted preliminary project impact survey on the socioeconomic overview and degree of the affected area, public consultation activities, and sought for the opinions of local department and some affected villagers within a certain scope.
22. In March 2016, after receiving the feasibility study report, consultant experts of Shaanxi Academy of Social Sciences together with the project implementing agency and feasibility study report compilation unit screened, determined and made statistics of the socioeconomic development status of project affected areas as well as the land acquisition and demolition effects of the project and the various sub-projects, including the detailed impact survey on the affected population, land, house, ground auxiliary facilities and physical quantity, and the sampling survey on economic and social development level of the affected areas. The village involved in the survey includes four towns with ten administrative villages of Yuanzhou subproject. Meanwhile, five affected villages are taken as sampling villages, including Daibu Village in Sanying Town, Pingle Village in Touying Town, Zhangcaichuan Village in Zhaike Town, Miaotai Village and Liudian Village in Guanting Town; the sampling villages account for 50% of that of the affected villages. The sampling households are 622, accounting for 35.1% of the total households (1,772 households), and group interviews are conducted for six times. According to the conclusion of the ADB meeting of Ningxia Autonomous Region Department of transportation in June 2016, consultant experts with the project implementing agency investigated once again project affected areas in Yuanzhou District, to verify the impact of LA and HD in the field from July 11 to July 13, 2016. On the basis of analysis and processing of the survey data and information above, and according to resettlement policies of PRC and Asian Development Bank, the Resettlement Plan for Yuanzhou District was compiled.
2.1.2 Data source and survey method
23. Due to tight timing schedule and wide coverage of the survey of the project, the acquisition of background material and basic data of project impact shall include two aspects: (i) Document and literature review and information collection. Collect and collate the project information and relevant survey material and statistical material provided by relevant local government departments and project implementing agencies. (ii) B. Field measurement and data collection, supplemented by symposium, direct exchange with relevant interest groups, etc. to further verify material and data.
0 a) Survey on land acquisition: After the land acquisition scope is determined by feasibility study report and preliminary design, the project impact survey group shall conduct survey and statistics of the area based on the status quo of land use, ownership and land type. b) Survey on the affected population: The land acquisition scope shall be determined by feasibility study report, preliminary design and sampling survey shall be conducted for the affected population, including ethnicity, age, educational background, employment status, etc. c) Survey on the demolished houses and ancillary facilities: The component involves house demolition. On-site check was conducted for the demolished houses one by one, including all ancillary facilities. The survey team together with the village leaders based on the preliminary design identified the affected house and ancillary facilities, documented ownership, categorized structure types and size. d) Survey on scattered trees: The scattered trees within the impact scope of the acquisition land are checked on site so as to distinguish fruit trees from other trees. Numbers and varieties were recorded. e) Survey on special facilities: Surveys were done on the affected electric power, telecommunications cables and other special facilities. Based on the existing information from the road departments, the survey team together with representatives from the owner departments carried out the field check and recording.
2.2 Project Impact Scope and Overview
24. The impact of land acquisition and demolition of the project involves ten administrative villages in four towns (See Table 2-1). 1,218.2 mu of land will be acquired, including 453 mu of dry farmland, 2.5 mu of residential land, 738.9 mu of unutilized land, and 23.8 mu of forest land. 269 households with 1,130 persons will be affected by LA. 650m2 of brick-wood houses will be demolished, which will affect 6 HHs with 30 persons, among which one household with five persons will be affected by entire HD In total, 269 HHs with 1,130 persons will be affected by LA and HD. According to the survey, no households will lose more than 10% of farmland and income. In sum, only one household with 5 persons to be affected by HD are classified as severely affected. No enterprises, shops, mosques, schools, hospitals or other sensitive facilities are affected. In addition, some scattered ground attachments such as trees, enclosures, and electricity and telecommunication facilities will be affected.
Table 2-1 Towns and Administrative Villages Affected by Land Acquisition and Demolition of the Project Name of village/ neighborhood Construction content Name of town/ street committee Guanting Village, Liudian Village, Miaotai Guanting-Guyuan Road Guanting Town Village, Cheng’ershan Village Touying Town Pingle Village Daibu Village, Dongyuan Village, Malu Wanzhang-Sanying Road Sanying Town Village Zhaike Town Wanzhang Village, Caichuan Village Data source: Socioeconomic and physical impact survey in July 2016
1
2.3 Impact of Permanent Collective Land Acquisition
25. The subproject will permanently acquire 1,218.2 mu rural collective land of the above- mentioned areas, including dry farmland of 453 mu (37.2%), residential land of 2.5 mu (0.2%), unused land of 738.9 mu (60.7%), forest land of 23.8 mu (1.9%). 269 households with 1,130 people will be affected by land acquisition. See Table 2-2.
Table 2-2 Permanent Acquisition of Collective Land (by affected village) Permanent land (mu) Numbe r of Town/ Affected Villagers Dry Resid affecte Road townshi Unused Fores Sub populatio committee farmla ential d p land t land total n nd land househ olds Guanting 61.7 0.2 98.7 0 160.6 26 109 Guanting- Guantin Liudian 96 1.5 153.6 0 251.1 42 176 Guyuan g Miaotai 24.4 0 39 0 63.4 14 59 Road Cheng’ershan 20.3 0 32.5 0 52.8 12 51 Subtotal 4 202.4 1.7 323.8 0 527.9 94 395 Touying Pingle 22.2 0 35.5 0 57.7 23 97 Daibu 102.4 0 163.8 0 266.2 45 189 Wanzhang- Sanying Dongyuan 51.8 0 82.9 11.3 146 31 130 Sanying Malu 10.6 0.8 30.9 12.5 54.8 36 151 Road Wanzhang 42.1 0 67.4 0 109.5 25 105 Zhaike Caichuan 21.5 0 34.6 0 56.1 15 63 Subtotal 6 250.6 0.8 415.1 23.8 690.3 175 735 1218. Total 10 453 2.5 738.9 23.8 269 1130 2 37.20 0.20 1.90 Proportion 60.70% 100 / / % % % Data source: Socioeconomic and physical impact survey in July 2016
Table 2-3 Farmland Loss Affected by Project Land Acquisition (by affected HH) Before land acquisition After land acquisition Per Affected Per No. of Village househol village No. of Farmlan househol HH Farmlan Farmlan d Road Town HH d d affected d loss d loss Farmland Farmland by LA rate % loss rate % Village (mu/HH (HH) (mu) (HH) (mu) % % name ) Guanting 406 26,000 64.04 26 61.7 0.24 3.71 Guating– Liudian 275 22,000 80.00 42 96 0.44 2.86 Guyuan Guanting Miaotai 430 11,985 27.87 14 24.4 0.20 6.25 Road Chenger’sha 339 8,500 25.07 12 20.3 0.24 6.75 n
2 Subtotal 4 1,450 68,485 47.23 94 202.4 0.30 4.56 Touying Pingle 504 12,300 24.40 23 22.2 0.18 3.96 Daibu 205 10,000 48.78 45 102.4 1.02 4.66 Sanying Dongyuan 402 9,800 24.38 31 51.8 0.53 6.85 Wanzhan g- Malu 405 5,500 13.58 36 10.6 0.19 2.17 Sanying Wanzhang 446 21,060 47.22 25 42.1 0.20 3.57 Road Zhaike Caichuan 358 12,618 35.25 15 21.5 0.17 4.07 Subtotal 6 2,320 71,278 30.72 175 250.6 0.35 4.66 139,76 Total 10 3,770 37.07 269 453 0.32 4.54 3 Data source: Socioeconomic and physical impact survey in July 2016
Table 2-4 Farmland Loss of the Households Affected by LA Distribution of proportion of Farmland loss of the Administrative region Project name households affected by LA (household) Town Village 5% 5%—10% ﹥10% Guanting 24 2 0 Liudian 38 4 0 Guating Guyuan Guanting – Miaotai 5 9 0 Road Chenger’shan 3 9 0 Subtotal 4 70 24 0 Touying Pingle 18 5 0 Daibu 24 21 0 Sanying Dongyuan 11 20 0 Wanzhang- Malu 33 3 0 Sanying Road Wanzhang 20 5 0 Zhaike Caichuan 9 6 0 Subtotal 6 115 60 0 Total 10 185 84 0 Data source: Socioeconomic and physical impact survey in July 2016
26. Tables 2-3 and 2-4 show that a total of 269 households with 1,130 persons are affected by farmland acquisition of this subproject. 185 households show the farmland loss rate of less than 5%, 84 households show the rate of 5%-10%, and none of the households show the rate of more than 10%. In terms of affected villages, the average farmland loss rate is only 0.32%; this is because the impacts are linear and the average farmland holdings are large, which is common in poverty areas with poor quality land. The highest farmland loss rate per household is 6.85% from Dongyuan village. Therefore, the loss will be less in terms of income, because not all of the household income is land based. Thus the land acquisition of this subproject has no significant effect on the households affected by the land acquisition from the perspective of both affected villages and affected households.
3 2.4 Temporary Land Occupation
27. Up to now, no temporary land occupation is involved in the project design scheme. This will be assessed during design and included in the updated RP.
2.5 Analysis of Impact of Residential House Demolition
28. The residential houses involved in the demolition are rural houses of 650 ㎡ of brick- wood houses. A total of six households with 30 persons are affected, among which one household with five persons from Liudian village is affected by entire HD, other AHs will be affected for HD partially. All AHs will be resettled in an appropriate manner. And the resettlement scheme is shown in Chapter 6 and Table 6-5.
Table 2-5 List of Impact of Demolished Rural Residential House Housing demolition (㎡) Affected population
Road Town Village Brick- Earth- Population Makeshift Subtotal Household wood wood (person)
Guanting 50 0 0 50 1 4 Guanting Liudian 300 0 0 300 2 11 – Guanting Guyuan Miaotai 0 0 0 0 0 0 Road Chenger’shan 0 0 0 0 0 0 Subtotal 4 350 0 0 350 3 15
Touying Pingle 0 0 0 0 0 0 Daibu 0 0 0 0 0 0 Sanying Dongyuan 0 0 0 0 0 0 Wanzhang- Malu 300 0 0 300 3 15 Sanying Road Wanzhang 0 0 0 0 0 0 Zhaike Caichuan 0 0 0 0 0 0 Subtotal 6 300 0 0 300 3 15 Total 10 650 0 0 650 6 30 Proportion (%) 100 0 0 100 / / Data source: Socioeconomic and physical impact survey in July 2016
Table 2-6 Demolition of Residential Houses Original living Town Village Head of a Populatio area Demolition Brick-wood household n (person) (㎡) area (㎡) (㎡) Guanting Ma 4 280 50 50 Village Congying Hai Guanting 6 240 60 60 Liudian Zhengjie Village Hai Baofu 5 240 240 240 Sanying Malu Village Ma Yaowu 5 500 120 120
4 Original living Town Village Head of a Populatio area Demolition Brick-wood household n (person) (㎡) area (㎡) (㎡) You 6 230 80 80 Xiangrong Ma Guilin 7 260 100 100 Total 6 20 1710 650 650 Data source: Socioeconomic and physical impact survey in July 2016
2.6 Impact of Demolished Buildings of Enterprises and Public Institutions
29. No enterprises and public institutions will be affected by land acquisition and demolished.
2.7 Affected Infrastructure and Ground Ancillary Facilities
30. The project will affect tombs, trees and other two categories. See Table 2-7 for details.
Table 2-7 Affected Ground Ancillary Facilities Category Item Unit Quantity Brick wall fence m 660 Iron gate each 6 Ground structure Tomb each 4 Sapling mu 2 Special facility Concrete pole each 78 each 800 Sporadic tree φ<10cm 10cm<φ<30cm each 210 Data source: Socioeconomic survey and physical impact survey in July 2016
2.8 Affected Population
2.8.1 Overview
31. A total of 269 households with 1,130 people are affected by LA and HD. Only one household with five person affected by entire HD is classified as significantly impacted and need to be relocated and the remaining will be affected partially. See the Table 2-8 for details of the affected population.
Table 2-8 Affected Population Yuanzhou district Guating Guyuan Road Wanzhang Sanying Subtotal No. Category – – Road Household Person Household Person Household Person Affected household 269 1130 99 385 269 1130 Land 1 acquisition 94 395 175 735 269 1130 impact Demolition 2 3 15 3 15 6 30 impact Data source: Socioeconomic and physical impact survey in July 2016
5 2.8.2 Affected vulnerable groups
32. A total of 10 households with 31 people of vulnerable groups are affected by the subproject. See Table 2-7 for the basic information of poor families.
Table 2-9 Basic Information of Vulnerable Groups of Yuanzhou District Road Project
Type Definition standard (Household)
The poor under MLSS Annual per capital income lower than CNY 2,700. 1
Family with women as primary labors, without young and middle- Women-led family 0 aged men labors (18-55 years old)
The elderly over 60 years old without children, relatives and other The elderly family 2 supporting members
Family with the members identified according to national The disabled family 3 standard of level I or level II disabled
Family with long-term Family with member losing work capacity due to disease or in 4 patients need of long-term medical care
Total 10
Note: double counting has been excluded in the subtotal and total. According to the poverty standard of annual income per person of less than CNY 2,700 in Yuanzhou district, 10 vulnerable households all belong to poverty-stricken families. Data source: Socioeconomic survey and physical impact survey in July 2016
33. According to the survey, poverty causes include aspects of: (1) harsh living and production conditions due to geographical location, such as high mountain, poor soil, cold and dry weather; (2) low value-added grain dominated production model due to remote geographical location and poor road condition; (3) lack of skill - limiting access as migrant labor seeking outside non-farming waged jobs; (4) lack of information; and (5) illness or disability.
34. The subproject will provide additional help to the 10 affected vulnerable households/51persons. A special budget of CNY 30,000 for supporting vulnerable group has been reserved in the project resettlement budget.
2.8.3 Project impact on women
35. The project implementation area includes four towns and 10 administrative villages, totaling 13,833 people, of which there are 6,389 women (accounting for 49.4% of the total affected people). During the field survey, women focus group discussions were held in each surveyed village. Household interviews paid special attention to women. No outstanding negative impacts on women were found. On the contrary, women pointed out that as the women, children and elderly are the majority left behind after men and young people migrate out, the road improvements will particularly benefit women, children and elderly to transport goods to
6 and from market, go to school and travel to clinic and other social service facilities. Travel will be safer, easier, and smoother.
36. In the longer term, women expected the road improvement will stimulate local industrial development and urbanization, bring more local non-farming job opportunities which will particularly help women with agricultural income as main source to increase their labor income.
2.8.4 Affected minority population
37. Project implementation area is Hui people concentrated area. The affected population is Hui people. Since the project is mainly the reconstruction of old road, hence, the lifestyles and customs of the local Hui people will not be affected by the negative effect of LAR; on the contrary, since project implementation improves the local traffic condition, Hui people will positively support the rapid implementation of the project. (See Chapter 9 Public Participation).
7 3 Social and Economic Profile
3.1 Socioeconomic Profile of Project Area
38. The project locates in Yuanzhou district of Guyuan City and impacts four towns and 10 administrative villages.
3.1.1 Socioeconomic profile of Guyuan City
39. Guyuan is located at the northwest border of Loess Plateau, with Liupan Mountain as the spine crossing from the south to north and dividing the city into two parts. The north of Guyuan is higher than the south, and elevation is between about 1,500 m and 2,200 m. The east and south of Guyuan adjoin to Qingyang City and Pingliang City of Gansu Province respectively, the west is connected with Baiyin City of Gansu Province and the north borders on Zhongwei City and Wuzhong City in Ningxia. The territorial scope is in northern latitude of 35º14'-35º38' and east longitude of 105º20'-106º58'. Sitting in the center of the triangle area constituted by Xi’an, Lanzhou and Yinchuan, Gu is an undeveloped area with outstanding prospect in West PRC, and also one of “Three-Xi (Hexi and Dingxi City of Ganshu Province and Xihaigu Area of Ningxia Hui Autonomous Region)” major poverty relief areas approved by the Central People’s Government.
40. Xiji County, Longde County, Pengyang County, Jingyuan County and Yuanzhou District are under the administration of Guyuan City, where covers a total area of 1,504 km² with the total population of 1.533 million, including agricultural population of 1.242 million, accounting for 81%; Hui nationality of 717,000, taking up 46.8%. Sex ratio of the city is 105:100, and population density is 145 person/km². In 2015, GDP of Guyuan City reached up to CNY 21.7 billion, with an annual average increase of 13.8%. Primary industry completed value added of CNY 4.513 billion, and that of secondary industry reached up to CNY 5.902 billion, and of tertiary industry was CNY 11.284 billion. The three industries structure ratio was 20.8:27.2:52. The accumulated fixed-asset investment of the whole society amounted to CNY 118.9 million, with the annual average increase of 25.2%. Local public financial budget revenue reached up to CNY 1.591 billion, with annual average increase of 24.78%. Urban per capita disposable income was CNY 21,144.1, with annual average increase accounting for 10.1%; rural per capita disposable income reached up to CNY 7,002.1, with annual average increase of 15%.
Table 3-1 Socioeconomic Profile of Guyuan City No. Item Unit Gu 1 Land area km² 10,540 1.1 Farmland area 10,000mu 2,699 2 Population 10,000 person 153.3 2.1 Agricultural population 10,000 person 124.2 2.2 Non-agriculture population 10,000 person 29.1 3 GDP CNY 100 million 217 3.1 Primary industry CNY 100 million 45.14 3.2 Secondary industry CNY 100 million 59.02 3.3 Tertiary industry CNY 100 million 112.84 3.4 Per capita GDP CNY /person 20,588 4 Urban per capita disposable income CNY /person 21,144.1 5 Rural per capita net income CNY /person 7,002.1
0 Source: 2015 Guyuan City statistics yearbook
3.1.2 Socioeconomic Profile of Yuanzhou District
41. Located in the southernmost area of Ningxia Hui Autonomous Region and on the east foot of Liupan Mountain, Yuanzhou District, is the core area of Great Liupan Mountain Ecological Economic Circle and the important ecological security area of West PRC. There are seven towns, four townships, and three Banshichu in Yuanzhou District, with total population of 190,000, among which, the Hui nationality takes up 44.8% and agricultural population accounts for 81.1%. The total administration area covers 3,506km².
42. In 2015, the county achieved a regional GDP of CNY 9.314 billion, increased by 8.2%,. Local public financial budget revenue reached up to CNY 251 million , increased by 0.1%; fixed- asset investment CNY 13.9 billion , increased by 13.1%. Urban per capita disposal income amounted to CNY 22,463, increased by 8.6%; rural per capital disposable income was CNY 7,296 , increased by 9%.
Table 3-2 Social and Economic Status of Yuanzhou District No. Item Unit Yuanzhou District 1 Land area km² 1,131 1.1 Farmland area 10,000mu 57.9 2 Population 10,000 person 12.6 2.1 Agricultural population 10,000 person 11.655 2.2 Non-agricultural population 10,000 person 0.945 2.2 Population density Person/km² 112 3 GDP CNY 100 million 13.38 3.1 Primary industry CNY 100 million 2.5 3.1.1 Proportion in GDP % 19 3.2 Secondary industry CNY 100 million 4.42 3.2.1 Proportion in GDP % 33 3.3 Tertiary industry CNY 100 million 6.46 3.3.1 Proportion in GDP % 48 3.4 Per capita GDP CNY /person 10,619 4 Urban per capita disposable income CNY /person 19,735 5 Rural per capita net income CNY /person 6,375 43. Floating population refers to that work at a place for more than 6 months with residence registration in other regions.
44. In traditional urban population, non-agricultural population refers to those with the residence registration in urban area, excluding influx of population. In current statistical yearbook, the actual urban population is larger than non-agricultural population. Source: 2015 statistical yearbook of Yuanzhou District
3.1.3 Socioeconomic profile of affected towns
45. The subproject affects four towns and 10 administrative villages in Yuanzhou District, Guyuan City. Among the four affected towns, the average population is 3.9-4.3 per household, per capita farmland is 1.7-7.4 mu/person, and per capita income is CNY 5,210-6,220. The conventional agricultural crops in the affected villages are corn, wheat, etc. According to survey, the affected villages are mainly along the road under construction, and located in mountain area.
1 The economy of the villages mainly relies on migration working, breeding and farming. The income of villagers in the project area mainly comes from migration working and breeding.
Table 3-3 Social and Economic Status of Affected Towns Rural per Number Land Farm Average Per capita capita of Population Labor Road Town area land household Farmland net house (person) (person) (km²) (mu) population (mu) income hold (CNY /year) Guanting- Guanting 5187 21244 158010 4.1 7.44 6220 5187 21244 Guyuan- Touying 10271 43141 65120 4.2 1.51 5210 10271 43141 Town Wanzhang- Sanying Sanying 11896 51365 87559 4.3 1.7 5390 11896 51365 Town Road Zhaike 3812 14967 76000 3.9 5.08 6500 3812 14967 Town Total 4 31166 130717 386689 4.2 2.96 5830 31166 130717 Source: July 2016: Socioeconomic survey
3.1.4 Introduction to Socioeconomic status of affected villages
46. The subproject affects four towns and 10 administrative villages in total. The family size ranges from 3.5-5.0 and per capita farmland ranges from 5.7～19.3 mu; and per capita income is CNY 3,740-6,650. The traditional agricultural crops of the affected villages are corn, wheat, potato, etc.
Table 3-4 Socioeconomic Indicators of the Affected Villages Administrative region Per Per Population capita net Number Farm capita Population per income of Road of house land farmland (person) household farmers Town Village holds (mu) (mu/ (person) (CNY/ person) person) Guanting 406 2032 26000 5 12.8 5840
Liudian 275 1140 22000 4.2 19.3 5310 Guangting Guantin 11984. -Guyuan- g Miaotai 430 1638 3.8 7.3 4760 Road 5
Cheng’ershan 339 1360 8500 4 6.3 4840 68484. Total 4 1450 6170 4.3 11.1 5180 5 Zhangwan Touying Pingle 504 2154 12300 4.3 5.7 4990 -Sanying Road Sanying Daibu 205 875 10000 4.3 11.4 4070
2 Dongyuan 402 1426 9800 3.5 6.9 4230
Malu 405 1428 5500 3.5 3.9 3740
Zhangwan 446 1780 21060 4.0 11.8 4610 Zhaike Caichuan 358 1625 12618 4.5 7.8 6650
Total 6 2320 9288 71278 4.0 7.7 4715 13976 Total 10 3770 15458 4.1 9.0 4904 2.5 Source: Statistical yearbook of Yuanzhou District in 2015
3.2 Socioeconomic Profile of Affected Villages
3.2.1 Sample survey
47. In order to understand the basic status of population affected by the land acquisition, the socioeconomic survey group conducts sampling survey for sampling households. The survey villages totally include four towns and ten administrative villages involved in Yuanzhou subproject, and there are five sampling villages of sampling households, including Daibu Village in Sanying Town, Pingle Village in Touying Town, Caichuan Village in Zhaike Town, and Miaotai Village and Liudian Village in Guanting Town; the sampling villages account for 50% of the total affected villages, and the final sampling households are 622 in total, accounting for 35.1% of total households (1,772) of the total population. See sample data in Table 3-3.
Table 3-5 Sampling Proportion Sample Sampling Number of No. Town Village proportion household Number of Population (%) household 1 Sanying Daibu Village 205 65 280 31.7 2 Touying Pingle Village 504 190 816 37.7 3 Guanting Miaotai Vilage 430 160 608 37.2 4 Guanting Liudian Village 275 85 357 30.9 Caichuan 5 Zhaike 358 122 549 34.1 Village Total 4 5 1772 622 2610 35.1% Source: Socioeconomic and physical impact survey in July 2016
3.2.2 Nationality and gender
48. The 622 sampling households have a total population of 2,610, a total labor force of 1,696 and an average population of 4.2 per household. The households surveyed are Hui people. There are 969 females (47%) of the total surveyed population; most women are mainly engaged in agriculture, housework and other production activities, and few women go out for work.
3 3.2.3 Age structure
49. Among the 2,610 sampling people from 622 households, 456 are under 16 years old (17.4%), 918 are from 16-39 years old (35.2%); 869 from 40-59 (33.3%); and 367 people are over 60 (14.1%). The affected villages have an older age structure because young people have moved to towns for employment. See age structure in Figure 3-1.
14.1% 17.4% 1.under 16 years old 2.16~39 years old 33.3% 35.2% 3.40～59 years old 4.over 60 years old
Figure 3-1 Age Distribution Structure
3.2.4 Education background
50. Among 2,610 people of 622 surveyed households, 1,274 people have received primary or below education (48.8%); 744 people received junior high school education (28.5%); 538 people received senior high school or technical secondary school education (20.5%); 55 people had received junior college or above education (2.2%). See education distribution in Figure 3-2. The education levels are very low due to the remote location of villages and the age structure of villagers.
2.20% 1.primary or below 20.50% 2.junior school 48.80%
28.50% 3.senior high school/technical secondary school 4.college or above
Figure 3-2 Distribution Structure of Education
4 3.2.5 Housing size
51. Among the 2,610 sampling people from 622 households, the surveyed houses are of earth-wood or brick-wood structure mainly, with a total housing area of 137,025m², and 220.3m² per household on average and 52.5m² per capita. 49 households (7.9%) have an area less than 150m²; 108 (17.4%) households with an area of 151~200m²; 313 (50.3%) households with an area of 201~300m²; 115 (18.5%) with an area of 301~400m² and 37 household (5.9%) with an area over 401m². These are typical housing sizes for rural people but the quality of housing in these villages is quite simple due to the poverty conditions.
3.2.6 Farmland resource
52. Among the 2,610 sampling people from 622 households, per household farmland is 34.4mu and per capita Farmland is 8.2mu. The farmland mainly refers to flat dryland and slope dryland and the major crops are corn, wheat, broomcorn and potato, with yearly net return of about CNY 650 /mu. There are 139 households (22.3%) with per capita farmland of less than 5mu; 434 households (69.8%) with 5-10mu; 49 (7.9%) households with more than 10 mu. These are typical housing sizes for rural people but the quality of housing in these villages is quite simple due to the poverty conditions.
3.2.7 Household income and expenditure (i) Annual household income Among the 2,610 sampling people from 622 households, the average annual income of household is CNY 22,054, the agricultural income is CNY 4,868 per household, accounting for 22.1% of the total income; the income from animal husbandry is RMB 5,330 Yuan, accounting for 24.2%; the income from part-time job is CNY 8,459, accounting for 38.4%; the per capita annual income is CNY 5,251. The farmers’ income comes from agriculture, animal husbandry and working in cities, and that from working in cities occupies a large proportion. It is in consistent with the local industry structure. Women mainly engage in agriculture and housework, while men usually engage in agriculture or go out for working. (ii) Annual family expenditure. The total annual expenditure per household is CNY 20,630, including household operating expenditure of CNY 6,628 per household (32.1%); living expenditure of CNY 11,714 (56.8%); other expenditure of CNY 2,289 (11.1%). See sample survey on income and expenditure of affected household in Table 3-4.
Table 3-6 Analytical Table of Income and Expenditure of Surveyed Households Per household Per capita Item Proportion % (CNY /household) (CNY /person) Agricultural income 22.1 4868 1159
Forestry income 0 0 0 Annual household Income from animal husbandry 0 0 0 income Industrial income 24.2 5330 1269
Income from construction industry 0.0 0 0
5 Income from transportation industry 0.1 25 6 Income from trade, food and service 0 0 0 industry Income from other non-farming jobs 15.1 3326 792
Income from working out 38.6 8505 2025
Income from collective distribution 0 0 0
Income from property 0 0 0
Subtotal 100 22054 5251 Per household Per capita Proportion (CNY /year) (CNY /year) Household operation expenditure 32.1 6628 1578
Annual Living expenditure 56.8 11714 2789 household expenditure Others 11.1 2289 545 Subtotal 100 20630 4912 Sources: July 2016: Physical impact and socioeconomic survey
3.2.8 Public opinion survey
53. People formulating the Resettlement Plan surveyed the public opinion of 622 households on a sample. All households affected by land acquisition and demolition are involved in the questionnaire. The results are shown as follows:
54. The survey has issued 622 questionnaires, and all of them have been returned. (i) Awareness: 68.5% of surveyed households are aware the project is going to be constructed, 19.5% are not quite clear about the project and 13.6% know nothing about it. (ii) Attitude: 95.2% of surveyed households support the project construction, and 4.8% do not care about it. (iii) Livelihood options: 49.2% surveyed households are not willing to continue in agriculture anymore; 76.8% are willing to be given non-agricultural status; 100% are willing to participate in social insurance; and 96.8% are willing to receive technical training.
55. See public opinion survey in Table 3-7.
Table 3-7 Public Opinion Survey Selection proportion of the opinions No. Questions Answers of the affected households (%) 1 2 3 Total Do you know the project will be(1) Yes (2) Not quite clear 1 68.5 19.5 13.6 100 constructed? (3) No Do you approve the project(1 1) 2 Yes (2)No (3) I don’t 95.2 0 4.8 100 construction? care Who do you think can benefit from (1) Nation (2) Collectivity 3 100 98.7 96.1 \100 the project? (multiple choices) (3) Individual
6 Selection proportion of the opinions No. Questions Answers of the affected households (%) 1 2 3 Total Do you know the compensation 4 (1) Yes (2) No 21.5 78.5 \ 100 policy for land acquisition? Do you accept the land acquisition 5 (1) Yes (2) No 79.9 20.1 \ 100 for supporting the project? Are you willing to do business after 6 (1) Yes (2) No 38.4 61.6 \ 100 land acquisition? Are you willing to participate in 7 social insurance after land (1) Yes (2) No 100 0 \ 100 acquisition? Are you willing to receive technical 8 (1) Yes (2) No 96.8 3.2 \ 100 training after land acquisition? Selection of housing resettlement (1) Land allocation methods. resettlement (2) Unified 9 construction resettlement 22.3 0 77.7 100 (3) Monetary compensation Where do you want to choose as (1) The group (2) The 10 housing resettlement point? village/community (3) 50.2 21.5 28.3 100 The town/township Do you know you can lodge a 11 complaint when your lawful rights (1) Yes (2) No 50.2 49.8 \ 100 and interests are violated? Sources: July 2016: Survey on physical impact and socioeconomic.
3.3 Affected Enterprises and Public Institutions and Sensibility Impact
56. The survey shows that there are no affected enterprises, public institutions, schools, hospitals as well as religion facilities and cultural relics.
3.4 Women’s Development in Project Area
3.4.1 Rural women profile in project areas
57. The proportion of female population was 48% in Yuanzhou District in 2015, of which the majority was rural women, accounting for 67% of total female population. Women are playing important roles both in agricultural sector as well as rural household development.
58. During the resettlement plan formulation stage of this project, the surveying people have also conducted socioeconomic survey on women development in the implementation area, and the survey shows that, there are differences in the education level between women and men. Specifically, 22.8% of female respondents are in the no-schooling category, higher than male respondents (11.5%). Similarly, the proportion of female respondents with 7 years of education (37.2%), is lower than that of males (42.7%), and female respondents with 10-12 years of education (4.5%) is also lower than that for males (13.5%). 32.7% of female respondents have received primary education, lower than male (37.8%).
59. The majority of respondents were farmers with 79.4% of females and 52% of males being engaged in agriculture on their farmland. Both long-term and seasonal migrant laborers were mostly men. 17.9% of males were engaged in the long-term migrant labor compared to
7 7.9% for women. 32.9% of men were seasonal migrant labors against only 7.6% of women. Women were often left at home both for cultivating household land and taking care of household members. The survey indicated that there were more females running small businesses than men. However, of the respondents, only 1.5% of females were village cadre compared to males (9.7%), indicating that women’s participation in decision-making at village level was lower than for men.
3.4.2 Women’s roles in household livelihoods
60. Among surveyed villages, women and men are involved not only in agricultural activities but also non-agricultural practices. Women and men have different roles in agricultural production practices. Males usually dominate ploughing and clearing activities, while females are more engaged in planting and weeding. Both women and men take part in activities such as fertilizing, harvesting and animal husbandry. Tending poultry feeding is solely a woman’s activity.
61. It is very common for both females and males to be involved in income-generating activities. Among middle-aged groups, more males are long-term as well as seasonal migrant laborers compared to women. Whereas more women are left at home to undertake agricultural practices as well as to look after their household members such as children and elderly.
62. Women exclusively perform household work in addition to their agricultural work. Their roles are cooking, washing and care of small children and elders in their households.
63. It is obvious that men contribute more to cash income generation in the household, and women’s roles tend to be in household maintenance like growing corn and grain, raising animals for household consumption rather than for selling purpose. Looking after children is women’s domain. Some interviewed women reported that they are living in rented houses in the town to look after their school children. They no longer cultivated their land in the village. The household expenditures were fully met from their husbands’ non-farm earnings.
3.4.3 Women’s transport needs
64. The women’s role in the household shapes their transport patterns, frequency of women’s mobility and travel costs. Women’s transport activities are different from men’s since women often have the primary responsibility for transporting goods to and from market, and for accompanying children and elders to hospital, and for seeking job opportunities to meet increasing cash demand of households.
65. Women have similar transport needs to other social groups. Due to their higher level of domestic responsibility, women assign greater importance to transport that is easier, faster, and safer and provides more mobility, as this in turn provides more home time for productive work. Women also expect more buyers to come to the village, which would in turn further reduces travel time and thus saves more time. Specifically, women are more reliant on public transport and prefer safe and regular public transports with fixed fares.
3.4.4 Project Impacts on Women
66. The subproject will bring benefits equally to women and other social groups through improvement of road safety facilities, trunk road rehabilitations and particular rural road upgrade. Shorter travel time on roads is beneficial to them, as it increases mobility, and allows more productive use of time.
8 67. Women are primarily local travelers for buying home consumption goods and selling produce, sending and picking up small children to and from school, traveling for health purposes, and more frequently accompanying family members to hospital. Accessing better roads, thereby, will provide them easier, faster and safer travel.
68. Public or private transport operators will be more willing to provide services when the road condition and road safety is improved. This could increase the potential for young women to travel outside the village to seek employment. Specifically, availability of public transport services, which are their primary means of travel, is important to women.
69. To facilitate income restoration for affected women, various skill-training programs will be provided through a number of ongoing government initiatives. According to women’s needs, relevant training courses such as housekeeping and handicrafts will be introduced to women through Women’s Federation, or the Human Resources and Social Security Bureau with close cooperation with the Project sponsor. Provision of jobs to women will be prioritized during project construction.
70. Local government should constantly promote the restoration of income of affected females. Firstly, on the basis of actual situation of local females and the small land acquisition of the project, the government can conduct agricultural support for female, and provide them with channels and subsidies for planting high-yield crops and fruiters as well as livestock breeding, so as to restore their incomes as soon as possible. Secondly, relevant departments of government should take the lead of providing various skill training. According to the demand of female, Women’s Federation, Department of Human Resources and Social Security and project sponsor should closely cooperate with each other to introduce relevant training causes to females, such as housekeeping, handicraft, etc. Thirdly, in the project construction period, female should be given priority to employment, with improving the salary for females according to workload.
71. All the above measures have been included in the Gender Action Plan (GAP), which has been extensively discussed with project sponsor. The GAP addresses women’s needs and ensures women will be benefited equally by the Project and to mitigate negative impacts for women that might arise.
3.4.5 Measures in RP in facilitating women’s development
72. Participation and consultation: separate consultation meetings and focus group discussions have been undertaken in each surveyed village. These were very helpful for women to voice their particularly needs on road safety, compensation modes, concerns over compensation standards, etc. Women’s needs, comments and suggestions on the project have been documented and incorporated in the RP, such as training needs of handicraft, landscaping, seedling producing and fruit tree caring.
73. Women show stronger desire for project participation and most of them expressed willingness to take part in the project activity in their free time. They also expressed desires to be informed about the project job opportunities.
74. In terms of compensation on LA and HD, women are not worried about their rights. The national laws and regulations guaranteed that women have equal rights on land use rights and house property legal rights. All households constructed or purchased during marriage
9 automatically have shared-ownership between the couple, regardless of how or to whom the property was registered.
10 4 Legal Framework and Policies
75. The resettlement policies of this project are based on ADB’s policies and on the laws and regulations of the People’s Republic of China (PRC). These are as follows.
4.1 ADB's Policy
76. The relevant ADB policy is:
77. ADB Safeguard Policy Statement (2009), Safeguard requirement 2: Involuntary Resettlement
4.2 The PRC’s Laws and Regulations on Land Acquisition and Relocation
78. The PRC relevant laws and regulations include the following:
(i) The Land Administration Law of the People’s Republic of PRC
79. (Amended at the Eleventh Session of the Standing Committee of the Tenth National People’s Congress on August 28, 2004; and effective as of then)
80. Main contents: formulations on land ownership, overall land use plan, farmland protection, land for construction, supervision and inspection, legal responsibility, including land expropriation compensation, subsidy standard for relocation, and manner of relocation of relocated people.
(ii) Regulations on the Protection of Basic Farmland
81. (No.257 Decree of the State Council of The People’s Republic of PRC on December 27, 1998)
82. Main contents: in line with Agriculture Law of the People’s Republic of PRC and the Land Administration Law of the People’s Republic of PRC, concrete formulations for the country’s protection of basic farmland, including delimitation, protection, supervision and management, legal responsibility, etc.
(iii) Interim Regulations on Farmland Use Tax of the People’s Republic of PRC
83. (No. 511 Document of the State Council issued on December 1, 2007 and effective on January 1, 2008)
84. Main contents: formulations about tax contribution standard and contribution range of state construction occupied Farmland
(iv) Decision on Furthering Reform of Land Management of the State Council (Guo Fa [2004] No. 28)
85. Main contents: In order to use the land properly, to protect the legal rights of the farmers whose land is expropriated, to maintain social stability, and to perfect the land expropriation and resident relocation system, the decision puts forward the guiding principle and way to perfect
0 the compensation of land expropriation. The decision requires all the county, city and province governments to take effective measures to ensure that farmers’ living standards will not decrease after their land is expropriated, and that according to laws in force, the land compensation, relocation compensation, ground ancillary facilities and young crop compensation are paid in full and in time. If after the payment of land compensation and relocation compensation in accordance with the laws in force, the farmers whose land has been expropriated cannot maintain their original living standard and their social safeguards cannot be paid, the province, autonomous region and/or municipality government should agree to provide further relocation compensation. If the sum of land compensation and relocation compensation reaches the legal upper limit, but the farmers whose land has been expropriated cannot maintain their previous living standard, the local people’s government can offer subsidy with the state-owned land income. The government of province, autonomous region and/or municipality should work out and promulgate the standard of output value or price of land. The land expropriation should be the same price for the same land. National key construction projects should incorporate the expense of land expropriation into its budget.
(v) Notice on the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People’s Republic of PRC (November 3, 2004, Guotuzifa [2004] No. 238)
86. The main contents: to put forward how to carry through The Decision of the State Council on Deepening the Reform and Strictly Enforcing Land Administration especially aiming at some problems during the land expropriation compensation and relocation system. There are two aspects:
a) To formulate unified annual output value standard. The provincial land and resources administration along with relevant agencies woks out the minimum unified annual output value of every county in the province, then announce and carry out it after the approval of the province government. The workout of unified annual output value standard should consider the type and quality of expropriated land, the investment on the land, the price of agricultural products, the grade of land, and so on. b) To affirm unified annual output value multipliers. The unified annual output value times of land compensation and resettlement subsidy should ensure the farmers whose land is expropriated remain a standard no lower than before and be worked out within the legal limit. According to the legal unified annual output value times, if the land compensation and resettlement subsidy couldn't ensure that the peasants whose land is expropriated can’t maintain the original living level or pay for their social security, the times can be increased after the approval of provincial government. If the sum of land compensation and resettlement subsidy is 30 times as the unified annual output value, the farmers whose land is expropriated couldn't remain the original living standard, the local government can provide subsidy from the state-owned land income. If the basic farmland is expropriated by the legal approval, the land compensation should be carried out according to the highest compensation standard announced by the local government.
(vi) Real Property Right Law of the People’s Republic of PRC (Order of the People’s Republic of PRC No. 62, in effect as of October 1, 2007)
1 87. Main contents: In accordance with the Constitution Law, the present Law is enacted with a view to maintaining the basic economic system of the state, protecting the socialist market economic order, clearly defining the attribution of the property, utilization of property, and safeguarding the real right of the right holder. The civil relationships incurred from the attribution and utilization of the property shall be governed by the present Law.
(vii) Notice on Further Specification of the Land Type Identification of Farm Road of General Office of Ministry of Land and Resources of the People’s Republic of PRC (Guo Tu Zi Ting [2013] No.581)
88. Main contents: Define and specify the definition and scope of farm road, clearly propose that farm road refers to road (including farm track) serving the transportation between villages and fields and the rural agricultural production, and excluding from the national road network system. Public road (including overpass) and land for street trees inside towns and villages do not belong to farm road. The pavement width of farm road shall not exceed 6.0m, or the subgrade width of 6.5m. In case the road’s pavement or subgrade exceeds the limitation width after reconstruction and expansion, and only has unidirectional lane, it cannot be identified as farm road, and shall be included in construction land management, and handle relevant land using procedure according to regulations.
4.3 Relevant Policies of Ningxia Hui Autonomous Region and Yuanzhou District
(i) Notice on Implementing Compensation Standard for Land Acquisition for Towns (Cities and Districts) of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Fa [2010] No.3) (taking effect on January 7, 2000) (ii) Main contents: Specify the detailed implementation regulations according to the reality of Ningxia Hui Autonomous Region and complying with Land Administration Law of the People’s Republic of PRC. (iii) Notice on Publishing the Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Fa [2015] No.101), which was issued and took into effect January 1, 2016. (iv) Main contents: According to Land Administration Law of the People’s Republic of PRC and Land Administration Regulation of Ningxia Hui Autonomous Region, decide to publish Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region after deliberation of executive meeting of the People’s Government. (v) Notice on Issuing Compensation Standard for Land Acquisition and Demolition of the Additional Construction of the Second Road Project in Ningxia Section of Baotou-LanYuanzhou Railway of the General Office of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Ban Fa [2010] No.43). (vi) According to the content of Ning Zheng Fa (2015) No.101 document and economic development situation of project implementation area, and considering that the six countries and districts involved in this project all belong to mountain area in the south of Ningxia, they have the basically same social development level and production and living habit of the masses, as well as similar economic characteristics, and especially the land output in mountain area is lower; hence, the project offices of the various counties and districts proposed Ning Zheng Fa (2015) No.101 document as the basis for compensation policy for land acquisition and demolition.
2 4.4 ADB’s Policy Requirements on Involuntary Resettlement
89. ADB involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.
90. The objectives of the policy: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups.
91. The basic principles include: (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 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 road, 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. (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.
3 (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 non-land 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 road conditions and the results of resettlement monitoring. Disclose monitoring reports.
4.5 Differences of ADB’s and Local Policies
4.5.1 Compensation and resettlement for house
92. Difference: ADB policies require that compensation is based on replacement cost. Chinese laws accept that depreciation is reasonable, and the compensation rate for the old structure should be lower than that for new housing.
93. Solution: Compensation rates in this RP are based on replacement cost.
4.5.2 Compensation and resettlement for land
94. Difference: ADB policies require that compensation should be sufficient to offset any income loss, and restore long-term income-generating potential. Chinese standards are based on AAOV.
95. Solution: An early stage solution is to provide replacement land. Cash compensation is the preference of most people, though they cannot ensure the rational use of such compensation. Therefore, further technical support is needed to monitor the income of seriously affected households; especially those in vulnerable groups, and local governments should provide assistance to those in need. These are specified in this RP.
4 4.5.3 Compensation and resettlement for vulnerable groups
96. Difference: Difference: ADB policies require that special compensation be granted to all vulnerable groups, especially seriously affected households faced with impoverishment. Chinese provisions do not require social analysis, and compensation is based only on the amount of loss. Other social programs are in place for vulnerable groups regardless of the project.
97. Solution: Special funds have been allocated to assist the vulnerable groups, who will be further identified during the DMS. All measures have been specified in the RP. For significantly affected households the RP includes specific provisions.
4.5.4 Consultation and disclosure
98. Difference: ADB policies require APs are fully informed and consulted as soon as possible. Chinese provisions have improved the transparency of disclosure and compensation. However, APs still play a weak role in project decision-making, and the disclosure period is usually too short.
99. Solution: Consultations have begun at the early stage (before and during technical assistance) and will continue throughout the project cycle. Ningxia Provincial Communication Bureau and the local Government agreed to disclose the RP to APs as required by ADB.
4.5.5 Resettlement monitoring, evaluation and reporting
100. Difference: ADB requires internal and external resettlement monitoring. However, laws of PRC have no such requirement except projects that have reservoir resettlement.
101. Solution: Follow the ADB requirements, Internal and external resettlement monitoring systems have been established for all ADB financed projects, and this has been included in the RP. The requirements for internal and external monitoring reporting are specified in the RP.
5 Compensation Principle and Entitlement
5.1 Resettlement Principles
102. The principles for compensation and entitlement of the Project have been developed in accordance with the regulations and policies of the PRC and ADB, with the aim of ensuring that APs obtain sufficient compensation based on replacement cost and assistance so that their production and livelihoods are at least restored to pre-project levels. Table 5-1 presents the resettlement principles of the Component.
Table 5-1 Resettlement Principles of the Component No. Principle 1 Involuntary resettlement should be avoided where feasible. The APs are granted compensation and rights that can at least maintain or even improve their 2 livelihoods in the absence of the project. The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The APs are given compensation in full replacement cost and assistance in resettlement whether 3 legal title is available or not.
5 If the land available to everyone is insufficient to maintain his/her livelihood, replacement in cash or 4 in kind and other income-generating activities are provided for the lost land. The IA will ensure that APs fully understand their entitlements, the method and standard of 5 compensation, the livelihood and income restoration plan, and the project schedule, and participate in the implementation of the RP. The IA will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost has been paid to each AP for project components or sections 6 that are ready to be constructed; (ii) other entitlements listed in the RP have been provided to APs; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help APs improve, or at least restore, their incomes and livelihoods. Vulnerable groups are provided special assistance or treatment so that they lead a better life, and all 7 APs should have an opportunity to benefit from the project. At least two members of each AH receive skills training, including at least one woman. 8 The resettlement plan should combine with the overall planning of county/ city/ district. - 9 If feasible, changing from “agricultural to non agricultural” status can be provided to LEF on a voluntary basis. All resettlement cost is included in the project budget and sufficient to cover all affected aspects. 10 The fund needs to be paid in time. The IA and an external monitoring agency will monitor and measure the progress of implementation 11 of the RP and will prepare monitoring reports to ensure that the implementation of the RP has produced the desired outcomes.
5.2 Cut-off Date of Compensation
103. The cut-off date for the eligibility for compensation is on November 1, 2016, which is also the date of Yuanzhou PMO and RO conducting resettlement DMS. Any newly claimed land, newly built house or settlement in the project area by the APs after this date is not entitled to compensation or subsidization. Any building constructed or tree planted purely for extra compensation is not counted in the inventory of losses.
5.3 Compensation Rate for Permanent Land Acquisition
104. According to the Notice of Further Regulating the Farm Road Land Affirmation Work of the General Office of Ministry of Land and Resources (Guo Tu Zi Ting [2013] No.581): “ First, farm roads refer to the roads (inclusive of farm track) that conform to the definitions for land in Land-use Status Classification (GB/T21010-2007)”, and is used for the transportation in village and field within the rural scope and served rural agricultural production outside of the state road network system. The public roads (inclusive of interchange) in town and village and land for border tree are not rural roads. Second, the width of farm roads shall not be larger than 6.0 m, or the width of subgrade not larger than 6.5 m. The width of farm roads or the width of subgrade exceeds the upper limits after reconstruction and expansion, and the roads only with one-way lanes shall not be identified as rural roads and shall be incorporated into the management scope of construction land.” The subproject does not belong to farm road construction, and if land acquisition and resettlement is involved, policies shall be formulated in accordance with the Government’s requirements for construction land.
105. According to the Notice of Releasing the Compensation Standard for Land Acquisition in Ningxia Hui Autonomous Region by the People’s Government (Ning Zheng Fa [2015] No.101)(see the attachments) issued on January 1, 2016, the document standard shall be adopted for the land acquisition in all counties and districts affected by the project. The project implementation area includes Guanting Town, Touying Town, Sanying Town and Zhaike Town
6 of Yuanzhou District, which all belong to Area III, where the compensation standard for dry farmland and residential land is CNY 6400 /mu.
106. The compensation standard for forest land is CNY 4,480 /mu, accounting for 70% of that for farmland in the area.
107. The acquisition of unused land is executed by the 20% of that of dry farmland of the same area, and the compensation standard for unused land of the RP is CNY 1,280 /mu.
108. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 700 /mu.
109. Table 5-2 has summarized the compensation standard for land acquisition of this RP by land category.
Table 5-2 Compensation Standard for the Project Land Unit: CNY /mu Dry Farmland/ Category Residential Forest land Unused land Young crops land 700 (average output Compensation 4,480 1280 6,400 in the first three standard (70% of farmland) (20% of farmland) years)
5.4 Temporary Land Occupation
110. Temporary land occupation of the project is not clear. In case of the impact due to temporal land occupation, the compensation for land occupation shall be calculated by year, by referring to the annual output of the main crops of the same year. The compensation standard of this project is determined as CNY 600 per year. It will be for a maximum of 2 years and the land will be restored to its pre-occupation standards prior to its redistribution to the owners. 5.5 Compensation Rate for House Demolition
111. The compensation for all houses demolished will follow the following principles. (i) Full replacement costs without depreciation: House demolition will be compensated at replacement costs. Table 5-4 has the detailed cost estimations based on the local house construction practice by type. The affected persons shall receive full replacement price without depreciation for the original house. Meanwhile, the affected people can use the building materials of the original house free of charge/cost. (ii) Various voluntary replacement choices available: The affected household can choose scattered settlement by providing similar condition of individual housing site, or choose concentrated settlement by participating in new rural construction scheme or other planning construction projects of the government, or self-settlement by using cash compensation. (iii) No demolition prior to new house ready/or agreement on new house plot/ apartment units singed: No house demolition will commence prior to the new house constructed or transition house arranged. Transition period should not be over 6 months. The affected households will obtain transition compensation prior to moving to the new house. In case of some household facing difficulties of
7 moving, village committee and Yuanzhou PMO will provide assistance of transport. For those household facing difficulties to find transition house, the village committee and Yuanzhou PMO will provide assistance in renting.
112. According to the policy of Asian Development Bank and regulations of PRC, market price evaluation is adopted for the rural residential houses of the RP. The houses to be demolished will receive compensation according to the “replacement price”, the compensation price will be determined through market price evaluation, and will not be lower than the compensation base price of the RP. The compensation base standard for house demolition of the document -- Notice of Issuing Compensation Standard for Land Acquisition, Demolition, and Resettlement of the Second Line Rebuilding Project for Baotou-LanYuanzhou Railway in Ningxia (Ning Zheng Ban Fa [2010] No.43). Therefore, the RP also refers to the compensation price of the document (Ning Zheng Ban Fa [2010] No. 43), and combines the actual conditions of the current economic investigation to raise the price properly, which is basically same to cost of constructing a new house in project area in 2015. The Residential land for resettlement will be distributed prior to demolition, and the resettlement site shall be determined in villagers’ representative meeting organized by village committee, within the same village group or village as much as possible. The “three supplies and one leveling” for the Residential land will be carried out by the project construction unit, and the expense is included in construction budget.
113. Table 5-3 shows the classified compensation standards.
Table 5-3 Compensation Standard for Demolition of Residential House and Ancillary Facilities Type Base price Structure type Unit Remark () Residential land CNY /mu 6,400 The compensation Brick-concrete CNY /m² 600 for the house shall House Compensation Brick-timber CNY /m² 410 not be lower than on for house Earth-wood CNY /m² 3101 the proposed base collective Makeshift house CNY /m² 100 price. land 10002 CNY 1,000 per Other subsidy relocation subsidy CNY/HH household for one for house time.
1 In the compensation standard of Ning Zheng Ban Fa [2010] No.43 document, the price is CNY 210 /m2, but the standard was released in 2011. In view of the current economic and social development, the standard has not been suitable for the existing housing compensation. Hence, through the consultation with the representatives of affected villages, and comprehensive consideration of the local current economic level and the compensation policies of Yuanzhou District in the past, it is increased to RMB 310 Yuan/m2 in the RP. 2 In the compensation standard of Ning Zheng Ban Fa [2010] No.43 document, the subsidy is CNY 500 /household. In view of the current economic and social development survey, the removal subsidy in the RP is increased to CNY 1,000 /household.
8 Type Base price Structure type Unit Remark () Transition subsidy: CNY 300 per household each month. Generally, Subsidy for and the transition temporal 3 CNY/HH 300 period is 6 months. resettlement / The exceeded time transition subsidy should be calculated in accordance with actual condition.
Table 5-4 Cost of House by Type (per 100m²) Brick-wood Earth-wood Item No. Unit price Amount Unit price Amount No. (CNY) (CNY) (CNY) (CNY) A. Subtotal of main 25,320 11,830 building materials Wood 4 1,000 4,000 5 1,000 5,000 Concrete 8 380 3,040 0 0 0 Adobe 0 0 0 12,000 0.2 2,400 Brick 50,000 0.28 14,000 1,000 0.35 350 Lime (coating) 4 400 1,600 6 400 2,400 Tile (tilestone) 8,000 0.21 1,680 8,000 0.21 1,680 Sand 20 50 1,000 0 0 0 B. Subtotal of other 7,500 7,000 materials Nails, iron wire, Nails, iron wire, Miscellany 2,500 3,000 electronic charge electronic charge Water and 5,000 4,000 electricity materials C. Subtotal of labor 19,000 12,000 Skilled 70 200 14,000 40 200 8,000 Unskilled 50 100 5,000 40 100 4,000 Total 51,820 30,830 Source: Socioeconomic and physical impact survey in July, 2016
5.6 Compensation for Ground Attachment and Infrastructure
114. The compensation standard for the ground attachment facilities and infrastructure of the project is determined based on the principle of “replacement price”, shown as Table 5-5.
Table 5-5 Compensation Standard for Ground Attachments and Infrastructure Category Item Unit Compensation standard Brick wall fence m 28 Ground structures Iron gate Each 1000
3 The subsidy for temporal resettlement is used as house rent of relocation households after relocation. Through the survey on local house rent and the negotiation with the representatives of affected villages, the fees in the RP are determined to be CNY 300 /household/month.
9 Tomb Each 1000 Sapling mu 2800 Special facility Concrete pole Each 3000 φ<10cm Each 7 Sporadic trees 10cm<φ<30cm Each 62
5.7 Compensation for Young Crops
115. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 700 /mu.
5.8 Standard of Other Costs
116. The standard of other expenses is given in Table 5-6.
Table 5-6 Tax and Fee Standard of Resettlement No Item Tax and fee standard Policy basis Notice on re-issuing the Levying Farmland Reclaiming Land reclaiming Fee and Use Management Methods of Ningxia Hui 1 CNY 2,666.8 /mu fee Autonomous Region. Ning Cai (Zong) Fa [2012] No.13) Notice on Adjustment of Policy of New Construction Land Use Fee of Ministry of Finance, Ministry of Land New and Resources and People's Bank of PRC (Cai Zong 2 construction CNY 6,667 /mu [2006] No. 48); Notice on Adjustment of Classification land use fee of New Construction Land Use Fee in Some Regions by Ministry of Finance and Ministry of Land and Resources (Cai Zong [2009] No. 24) Farmland Provisional Regulations on Farmland Occupation Tax 3 CNY 3,333.5 /mu occupation tax of the People’s Republic of PRC
5.9 Entitlement Matrix
117. The entitlement matrix has been established in accordance with the applicable policies in this chapter. See Table 5-7 for details.
Table 5-7 Compensation Entitlement and Resettlement Policy Matrix No. of Implementa Entitled Applicable entitled Compensat Compensation tion item Type of loss person/collec targets person/collec ion policy entitlement tive tive Land within a) Rural a. Pay land Land The village the project collectives a) Three acquisition compensation meeting will implementa owning the towns compensati allocation: The determine tion area - land collectives on to the share division the fund Permanently road right of b) Farmers b) 130 APs rural among the using, re- acquired way with land use of 269 HHs collectives farmers losing allocation of farmland (estimated rights losing land according land is decided land, as 453mu c) Farmers (all with land to the by villager investment of dry renting the use rights) compensati meeting; cash and farmland,) land c) no APs on compensation developmen
10 No. of Implementa Entitled Applicable entitled Compensat Compensation tion item Type of loss person/collec targets person/collec ion policy entitlement tive tive renting the standard in shall be directly t project land Table 5-2 paid to The of this RP individual. supervising b. Re- authority allocation shall of farmland approve OR and payment by supervise affected the village proposals collectives and of cash requirement compensati s of village on (100%) and provide to AHs convenienc losing land e for with user training rights if project. land is Those contracted agreed to APs compensati c. Cash on for compensati individual on for all shall be the ground paid attachment according to (e.g., trees) the according agreement to and prior to standards dispossessi in Table 5- on. 5 and standing (young) crops according to standard in Table 5- 2. Cash The village compensati committee Land on for the must inform temporarily annual loss The villagers the original used as a) Farmers To be during land losing crops will land user construction with land use determined loss period. get total and make Temporary area within rights during Restore to compensation correspondi loss of land the project b) Farmers construction the status according to the ng implementa renting the period prior to the compensation compensati tion area or land constructio standard on. close by n, and Maximum area maintain period of the life of use is 2
11 No. of Implementa Entitled Applicable entitled Compensat Compensation tion item Type of loss person/collec targets person/collec ion policy entitlement tive tive APs at the years. former level at least. The compensati on standard is CNY 600 /mu per year. Cash compensati on for AHs, Cash including compensation residential paid to the land, and owners of housing, housing/building and and attachment Village and attachments. If s. Cash APs will the AHs choose compensati determine Cash on for the location Compensation various of new Residence and Self- housing residence. and Relocation, the type The property 30 APs of 6 compensation according contractor within the HHs or APs HHs,of which for residential to the shall be Loss of project losing 1 HH suffer land shall be replaceme responsible residence/prop implementa buildings or complete paid to the AHs. nt cost in for filling erty tion area or housing due loss and If the AHs Table 5-3. and leveling affected by to demolition require choose The the area of the project relocation Resettlement on moving new (estimated Site, the 2 compensati residence as 650 m ) compensation on is CNY and connect for residential 1,000 per it to the land shall be HH, the existing paid to transitional public collective, and compensati facilities. residential land on is CNY shall be re- 300 /month allocated to the of standard affected subsidy, households by and the the villages. transitional period is six months. Non- Compensati Farmland Rural on 10 project Cash Loss of non- within the collective according to affected compensati Village collective Farmland project owning land the RP. villages on implementat ownership Funds can ion area be used for
12 No. of Implementa Entitled Applicable entitled Compensat Compensation tion item Type of loss person/collec targets person/collec ion policy entitlement tive tive (estimated village as 755.2 developmen mu) t as decided in a village committee meeting. All facilities Cash within the compensati project on based implementat on the Proprietor Affected public Proprietor of Proprietor of ion area (no market receives the total facilities all facilities all facilities impacts price and compensation have been negotiation identified with yet) proprietor The project will assist the villages and towns in meeting the Refers to the demands of old and weak, the women, vulnerable children, the 10 HHs with In the same Any affected groups, and disabled, or 37 persons condition, enjoy Assistance person who each Vulnerable those lacking belonging to the priority of by is also household groups living ability, the project government vulnerable will receive and the vulnerable compensation department about CNY poverty HHs, groups and assistance 3,000 HHs lacking special labor or with subsidy for heavy burden the economic recovery of the vulnerable groups. Note: each policy of the project can be implemented once being approved 6 Income Restoration and Housing Resettlement Measures
6.1 Impact of Land Acquisition and Income Restoration Measures
6.1.1 Impact of and acquisition
118. The subproject involved 10 administrative villages of four towns in the project implementation area (See Table 2-1), totaling land acquisition of 1,218.2 mu, including dry farmland of 453 mu, residential land of 2.5 mu, unused land of 738.9 mu, and forest land of 23.8 mu. It involves 650m² of brick-wood structure demolition. Within the project implementation area, no enterprise, store or mosque, school, hospital and other sensitive facilities are
13 affected by land acquisition and demolition. The project will affect 1,130 persons in 269 households.
119. For the ten affected villages, the average farmland loss rate per village is 0.32%. For Daibu Village of Sanying Town with the highest rate of farmland, and farmland loss rate is 1.02%. The main crops in Yuanzhou District are wheat, corn and potato. Yuanzhou District has one harvest in a year and the annual average output value is around CNY 700. Also, according to the survey, the production cost of food crop is around RMB 150 Yuan per mu. From the perspective of the main crops of peasants in project area, the net income per mu land is about CNY 550. Therefore, calculate according to the condition of Dongyuan Village with the highest farmland loss rate, land acquisition will lower the income of farmland by 0.47% of the village, and reduce the income of CNY 28,490, only accounting for 0.47% of the total income of CNY 6,031,980 of the total village in 2015. On the other hand, for the land acquisition HHs, even calculated by the highest loss rate of 6.85% for farmland (one household in Dongyuan Village, with 2.2 mu land acquired from the total farmland of 30 mu and loss rate of 7.33% for farmland), if the compensation for land acquisition is not calculated, it will directly lead to the income loss of CNY 1,210 per year for the farmer, only accounting for 4.84% (about CNY 25,000) of the total family income. Therefore, regardless of land acquisition villages and AHs, land acquisition of the project will exert small influence on economy of the affected area and APs, and have no significant influence on AHs (See Table 6-1).
Table 6-1 Permanent Farmland Acquisition Impact Before land acquisition After land acquisition Income loss Far Per m capit Per Per Far lan Annual a capita Per Far Affecte Total HH m d income inco avera capi Total AH AP m d Total popu far lan los lost me ge ta farm of of land Village HH latio m d s of loss incom Tow inco land LA LA loss n lan los rat affected of e loss n me rate d s e village villag of of e village AH mu/ hous hou CNY/ pers CN hou per CN Village ehol mu seh mu % % villag % on Y seh son Y d old e old Guanti 2,03 5,84 26,00 64. 61. 3.7 33,93 16. 406 26 109 0.24 0.29 ng 2 0 0 04 7 1 5 7 1,14 5,31 22,00 2.8 52,80 46. Gua Liudian 275 80 42 176 96 0.44 0.87 nting 0 0 0 6 0 32 1,63 4,76 11,98 27. 24. 6.2 13,42 8.1 Tow Miaotai 430 14 59 0.2 0.17 n 8 0 4.5 87 4 5 0 9 1,36 4,84 25. 20. 6.7 11,16 8.2 Cheng’ 339 8,500 12 51 0.24 0.17 ershan 0 0 07 3 5 5 1 Tou ying 2,15 4,99 12,30 24. 22. 3.9 12,21 5.6 Pingle 504 23 97 0.18 0.11 Tow 4 0 0 4 2 6 0 7 n San 4,07 10,00 48. 10 4.6 56,32 64. Daibu 205 875 45 189 1.02 1.58 ying 0 0 78 2.4 6 0 37
14 Tow Dongy 1,42 4,23 24. 51. 6.8 28,49 19. 402 9,800 31 130 0.53 0.47 n uan 6 0 38 8 5 0 98 1,42 3,74 13. 10. 2.1 4.0 Malu 405 5,500 36 151 0.19 5,830 0.11 8 0 58 6 7 8 Zhai Wanzh 1,78 4,61 21,06 47. 42. 3.5 23,15 13. 446 25 105 0.2 0.28 ke ang 0 0 0 22 1 7 5 01 Tow Caichu 1,62 6,65 12,61 35. 21. 4.0 11,82 7.2 358 15 63 0.17 0.11 n an 5 0 8 25 5 7 5 8 Tot 3,77 15,4 4,98 139,7 37. 1,1 45 4.5 249,1 16. 10 269 0.32 0.32 al 0 58 1 62.5 07 30 3 4 50 12 Source: Socioeconomic and physical impact survey in July 2016
6.1.2 Income restoration plan and assistance measures
120. The land acquisition impact is limited and no household will lose more than 10% of their farmland or income, and thus there is no significant on APs’ livelihoods. Consequently, the rehabilitation strategy focuses on income restoration rather than livelihood restoration. The income restoration plan formulated is based on the will of the APs, impact degree and the feasibility of the potential options in each village. During the field consultation, cash compensation, agricultural resettlement with or without land readjustment, arranged jobs during the project construction and operation, assistance to non-farming employment and self- employment, social insurance approaches were discussed. Table 6-2 summarizes the preferences expressed by Aps.
Table 6-2 Summary Sheet of Income Restoration Willingness of the Acquired Households Affected Selection of income restoration willingness (household) No. ofNo. of Road Town village Improve Job Non-farm Self- Social AHs APs Agriculture arrangementemployment employment Insuranc Village e Guanting 26 109 4 5 13 3 26 Guantin Liudian 42 176 10 10 18 4 42 g- Guanting Guyuan Miaotai 14 59 3 5 5 1 14 Cheng’ershan 12 51 3 4 4 1 12 Touying Pingle 23 97 6 6 6 5 23 Daibu 45 189 9 19 15 2 45 Wanzha Sanying Dongyuan 31 130 5 11 14 1 31 ng- Sanying Malu 36 151 6 10 17 3 36 Zhangwan 25 105 5 3 14 3 25 Zhaike Caichuan 15 63 5 2 8 0 15 Total 4 10 269 1130 56 75 114 23 269 Source: Socioeconomic and physical impact survey in July 2016
(i) Cash compensation and distribution
121. The affected villages/village groups will be compensated in cash based on the standards discussed in Section 5, where compensation rate for unused land is CNY 1,280 per mu, and that for residential land CNY 6,400 per mu (refer to Table 5-2). The land compensation distribution from village to AP has two scenarios: 1) If the land is contracted to APs, 100% of the
15 compensation will be distributed to APs directly. 2) If the land is not contracted to APs the compensation will be reserved for village infrastructure maintenance or improvement.
122. The compensation rate is very comprehensive compared the current land lease price. According to the current land-leasing price in the project area, dry farmland (the main farmland type) is CNY 100-120/mu per year, depending on location for convenience of transport. The project compensation for flat dry farmland per mu is CNY 6,400 that is worth of land leasing price at the existing higher rate of CNY 120 for 50 years, equivalent to 13 times of annual average output value (CNY 700 /mu) and 50 times of land contribution value (CNY 150 /mu). Due to limited land acquisition per household and high compensation rate, most of APs are not worrying about income loss caused by land acquisition because the compensation will free up there labor and the road will bring new economic opportunities.
123. However, to ensure that the affected households use the compensation in a rational manner, Yuanzhou PMO and other related agencies will provide guidance and required training. The following are restoration options and assistance measures for households affected by permanent land acquisition.
(ii) Improve Agriculture
124. About 10 affected villages chose agriculture restoration. They will use the cash compensation to improve the remaining land by increase of fertilizer use or change grain crops plantation to cash crops plantation such as garlic, allium mongolicum regel, and potherb, and garden plant seedlings which require intensive labor and capital investment. It is estimated that the plantation of garlic, allium mongolicum regel, and potherb will generate net income of about CNY 800- CNY 1,000 per mu compared to that of CNY 500 of crop planting. The annual growth is about 30% to 100% a year. It will be easy to offset their economic loss caused by land acquisition.
125. For the garden seedlings and fruit tree plantation, corresponding training will be provided. For other crop plantation types, training is not desired by APs because most households have such skills already. It is estimated that about 50 members need training on garden plant seedling production and fruit tree care.
(iii) Arranged Jobs
126. About 75 APs expressed interest in job arrangement. In this project, the Ningxia Transport Department and Yuanzhou PMO have committed to give priority to employing APs for the job opportunities from this project. It is estimated around 75 unskilled jobs are only available during project construction, including road maintenance, greening and cleaning. Their preferential treatment shall be implemented according to the provisions of Labor Law. All interested in the jobs will receive training. It is estimated a total of 75 APs will be trained. Table 6-3 summarizes the direct job opportunities from the project.
Table 6-3 Project Employment information Proposed Planned Standard Projected Proposed Jobs No. targets workdays income income employment time (day) (CNY) () After the project Local 32,000 Earth- moving 20 20 CNY 80 /day starts (estimated villager Logistical support 15 from July 2017 to Local 100 CNY 50 /day 50,000
16 July 2018) villager
Road Local 100,000 20 After project 200/year CNY 50 /day maintenance villager completion (2018 Local 80,000 Unskilled labor 20 onwards) 100/year CNY 80 /day villager After the project Local 262,000 Total 75 420 starts villager Note: The remuneration for above jobs will be paid by day due to the existing financial system and job nature. The annual income of the position is predicted under full workload. Source: Socioeconomic and physical impact survey in July 2016
(iv) Non-farming employment/business
127. As the income loss per household from land acquisition is quite limited and agricultural income is no longer their main income sources, about 137AHs stated that they will spend the land compensation and saved time on non-farming employment or self-employment business to offset their income loss.
128. As discussed in Section 3, over 50% of the households’ main income is from non- farming sources and agricultural source is supplementary. Regarding labor input, four basic models are used in operating their Farmland: 1) by either female or the old family members left home to carry out agricultural plantation; 2) with the migrant family members who come back home during busy season to help with planting or harvesting, 3) by giving land to relatives to plant without charge, or 4) leasing out the land convenient for irrigation and transport at a price of CNY 100-150 per mu per year. Before year 2000, almost all households adopted the first two models, but now more and more households adopt the last two models to avoid interruption to their non-farming migrant jobs. For female left at home, they are willing to spend their saved time in either handicraft or finding local non-farming jobs. The surveyed households expressed their interest in non-farming jobs stimulated by the road improvements and hoped the project can provide market information and skills about handicraft, local non-farming jobs or business opportunities(including transport services). It is estimated that about 200 households or 1000 people need relevant skill training which has been provided for in this RP.
(v) Training
129. Based on the above restoration options chosen by the AHs, training programs will be designed to meet the specific needs and preferences of AHs.
130. For the households that choose agricultural improvement measures, agricultural technical training such as gardening plant seedling producing, fruit tree plantation and other cash crop plantation will be provided as required.
131. For the non-farming employment, skill training will include landscaping, house decoration, handicraft production, car repair, transport services and other skills.
132. Additionally, training in the form of farmer-back-farmer training will be organized. The farmers with skills in cash crops could be invited to share experiences and skills to the new growers in the same or other villages. It will be useful to organize study tours to other villages for APs who are interested in planting new cash crops. It will either be organized by Yuanzhou PMO directly or by entrusted government agencies such as agriculture bureau, forestry bureau,
17 or women’s federation. In terms of non-farm training, it will be delegated to labor and social insurance bureau.
133. A total of CNY 50,000 has been budgeted in the RP. The trainees shall receive three skill trainings at least before completion of project in 2018.
Table 6-4 Training Plan for Project Implementation Year Target Scope Agency responsible Budget Gardening plant seedling 250 people plantation, fruit tree or other new About CNY50,000 in total, cash crop plantation, handicraft PMO, women’s included in project including production, farm machinery, federation, labor and 2016- RP budget in 100 motorcycle or other vehicle repair, social security 2018 addition to local females stonecutter, painter, concrete bureau, agriculture government fiscal and 150 worker, waterproofing worker, and forestry bureaus funds. males masonry worker, house decoration worker, etc. Source: Field Socioeconomic survey and survey on physical impact, April, 2016.
(vi) Social Insurance
134. All affected households expressed their interest in social insurance. However, the endowment insurance for land-expropriated farmers (LEF) only targets at eligible households. The land acquisition of the component is linear, so there are few opportunities to create LEF. No endowment insurance will be provided if there are no eligible APs. However, the APs are encouraged to participate in the general pension and insurance.
135. To guarantee the vulnerable groups livelihood restoration, MLSS will be made available for officially identified poor. Other insurance options are optional and subject to APs voluntary decision. Since APs will receive cash compensation, they will have an opportunity to participate in voluntary programs; this may be attractive for older farmers.
136. As mentioned above, this project provides land acquisition farmers with diversified relocation measures, which widely covers affected households. See details in Table 7-5.
(vii) Special assistance to vulnerable families
137. The following special assistances are provided for the identified vulnerable families: (i) Priority will be given to arrange jobs. One member from each household will be guaranteed an arranged job. (ii) Preferential credit will be provided if needed to develop non-farming business such as purchase of vehicles for transport business, repair shop, small business of buying and selling, or change from grain plantation to gardening plant seedlings or fruit trees as requested. (iii) Specific training will be provided as desired including farmer to farmer exchange visit. (iv) Special measures for vulnerable group will be provided to them too as described in Section 6.3
18 6.2 Resettlement and Housing Demolition Plan for Residence
6.2.1 House Demolition Impacts and Relocation options
138. The subproject will involve demolition of 650 m² of buildings with brick-wood structure and will affect 6 households with 30 APs. The affected households include the villagers of Ma Congying from Guanting Village in Guanting Town, Hai Zhengjie and Hai Baofu from Liudian Village, and Ma Yaowu from Malu Village in Sanying Town, of which Ma Congying and Hai Zhengjie are rural poverty-stricken households. Field surveys reveal that most of the affected houses are not in good condition in terms of indoor facility, structure, and surrounding facilities. Guided by the principles of the replacement costs and no depreciation, most APs consider that the project provides reasonable compensation as described in Section 5. Only one HH suffers complete house demolition, and will be relocated to new housing plots allocated by the village and rebuild new houses.
139. Guided by the principles of housing demolition and resettlement in this resettlement plan and after negotiation with affected people and relevant organizations in the village and town, a preliminary demolition and resettlement scheme was formulated as shown in Table 6-5.
Table 6-5 Demolition Scheme of Residential Houses Original Demolition Resettlement Town Village Population Householder living area area (M²) scheme Guanting Resettlement Ma Congying 4 280 50 Village on site Resettlement Hai Zhengjie 6 240 60 Guanting on site Liudian Residential Village Hai Baofu 5 240 240 land distribution Resettlement Ma Yaowu 5 500 120 on site You Resettlement Sanying Malu Village 6 230 80 Xiangrong on site Resettlement Ma Guilin 7 260 100 on site Source: Field Socioeconomic survey and survey on physical impact, July, 2016
6.2.2 Other subsidy policy
140. The affected households will be entitled the following rights and interests. (i) Preferential labor training; (ii) Benefits from the social security policy in project implementation area (iii) Access to the suitable jobs created by the project directly and indirectly, including jobs under project implementation agencies and jobs relating to enterprises attracted into the project area.
6.3 Measures for Vulnerable Groups
141. A support fund for vulnerable groups (10 AHs with 37 people) of CNY 30,000 will be established under the project to support vulnerable groups affected by the project. The main affected vulnerable groups are the poor, single parent family and women-led family, Wubao
19 (five-guarantee households), households affected by disability and illness. A series of additional measures have been put in place to help them with income restoration, livelihood improvements, and/or house relocation restoration.
(i) Giving priority to vulnerable groups in resettlement measures
a) Land acquisition affected households: 142. Priorities will be given in obtaining replacement land through allocation of reserved land, or through land transfer if the vulnerable AH chooses to restore their income through agricultural measures;
143. The households with a labor force will be given priority in skill training and priorities given in provision of arranged jobs by the project and local government. Eliminating zero employment of poor households (with a labor force) is the target of government poverty alleviation; it will also be the target of this project.
144. Include all eligible AH into social insurance. The new rural social insurance will be an optimal option for the AH on a voluntary basis.
145. Provide preference loan to the significantly affected households if necessary in developing non-farm business, such as purchasing vehicles for transport business, operating repair shops, developing other income generating business.
b) House demolition affected households:
146. Priorities will be given to vulnerable group to choose resettlement locations.
147. A one-off advance moving reward of CNY 3,000 will be provided to vulnerable households after they show relevant valid certificates.
148. Minimum size housing (25m2/person) will be guaranteed for the poor (assistance can be provided for housing materials and labor costs).
(ii) Including eligible vulnerable groups in MLSS as a priority
149. According to the MLSS policy of residents of Yuanzhou District, eligible vulnerable groups affected by the Project will be included in the MLSS in time and receive MLSS benefits so as to ensure that the average per capita income of each rural AH is not less than CNY 200 per month.
(iii) Providing rural medical assistance to eligible vulnerable groups
150. Rural medical assistance will be provided to eligible vulnerable groups to solve their difficulty in receiving medical care. Yuanzhou District People’s Government will provide medical assistance for the rural residents in road with the policies.
6.4 Women’s Development Measures
151. During the resettlement process, women’s rights and interests will be fully protected, and women will play an important role in socioeconomic and resettlement activities.
20 152. Ensuring women’s equal rights: During the preparation of RP, separate meetings were held with female representatives of APs and the Women’s Federation in order to allow women to express their needs, expectations and suggestions on resettlement and restorations measures. Most of them including women-headed households stressed their concerns, namely: (i) receiving compensation on time; (ii) selection of resettlement mode and housing land, (iii) improving agricultural production with limited farmland; and (iii) operating small businesses at home or at agricultural product fairs or markets with either the compensation or small loan which will be provided by the project. Measures to address these concerns have been included in the RP.
153. Training priorities to women with preferential training methods and content: As women have relatively lower education levels and experience generated in migrant jobs, they have less available employment and income generation choices than men. Training is particularly crucial to them in developing new income sources given to opportunity generated from the industrialization and urbanization development. They hope to have not only agricultural skill training on horticulture, fruit tree caring, but also non-farming skills with handicraft, urban employment skills such as hotels, restaurants, shopping malls, and skills working in factories e.g. garment factories. Their training needs have been designed in this RP and training budget has been reserved (refer to Section 6.1). The project will ensure that 40%-60% training opportunities are provided for the affected females. The Women’s Federation representatives together with the employer agencies will further consult with women to detail the training design on methods and contents.
154. Providing and assisting women to apply for the project-generated job opportunities: For those who are interested in participating in project job opportunities, Women’s Federation staff at the township and village levels will be responsible to inform them of job opportunities in advance and facilitate women to apply for the employment. Basic skill on landscaping and other relevant skill training will be provided prior to recruitment.
6.5 Recovery Plan of Ground Attachments and Special Facilities
155. To minimize disruption to residents, detailed surveys have been done and the budget has been included in the RP budget. The relevant road agencies will be responsible for detailed relocation planning and rebuilding electric power and communication facilities.
7 Institutional Arrangements
7.1 Institutional Arrangements
156. Since resettlement is a very comprehensive task that needs the assistance and cooperation of various departments, relevant departments including transportation department, department of land and resources, department of finance, etc. shall participate in and support resettlement implementation. Each affected town/township or village has one or two chief leaders responsible for resettlement. The agencies responsible for the LA and the HD in the Project are: (i) Leading Group for Poverty Relief Road Project with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region (ii) Project Management Office for Poverty Relief Road with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region (iii) Yuanzhou district Transport Bureau (implementing agency which also has a PMO)
21 (iv) Yuanzhou district Project Resettlement Office of Poverty Relief Project with ADB Loan (v) Project town/township governments (vi) Village committees (vii) Project design institute (viii) External monitoring and evaluation agency (ix) Other departments: Land Resources Bureau (LRB), Demolition and Relocation Office, Women’s Federation, Labor and Social Security Bureau.
157. The Organizational Chart is show in Figure 7-1. Ningxia Transportation Department Project Leading Group with ADB loan
Project Management office with ADB Loan of Ningxia Transportation Department
Yuanzhou Transportation Bureau
Internal monitoring Project Yuanzhou Project Resettlement Office design institute
Town/township Governments External monitoring Village/ Community committees Community
Affected people
AH by HD AH by LA Infrastructure
Figure 7-1 Project Relocation Organizations
7.2 Organizational Responsibility
(i) Leading Group for Poverty Relief Road Project with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region
22 158. Leading Group for Poverty Relief Road Project with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region is the executing agency for the overall deployment of the Project and solving major issues. The group includes Comprehensive Planning Department and Road Management Department, and is led by Deputy Director of Transportation Department of Ningxia Hui Nationality Autonomous Region.
159. Ningxia PMO is the working body of Ningxia Hui Autonomous Region Project Leading Group as coordinating agency in charge of applying for ADB loan, coordinating the formulation and implementation of RP, monitoring and evaluation of the RP implementation.
(ii) Yuanzhou district Transport Bureau
160. Yuanzhou district People’s Government is the implementing agency of this Project, and the project leading group consists of heads from relevant bureaus, including transport bureau, land and resources bureau, resettlement bureau, development and reform bureau, etc. Yuanzhou district PMO is the key working body set up in Yuanzhou district Transport Bureau, responsible for the project management, coordination, supervision, direction, quality assurance and annual planning, and the follow-up monitoring of the implementation, reporting to Ningxia Hui Autonomous Region Project Leading Group regularly. The main responsibilities in resettlement include organizing the resettlement work of the project, developing the local policy on resettlement activities, coordinating relations among resettlement agencies at all levels, coordinating the work of the bureaus concerned at the preparation and implementation stages, and making decisions and consultation on major issues arising from construction and resettlement.
(iii) Yuanzhou district ADB Loan Poverty Reduction Road Project Resettlement Office
161. Yuanzhou district ADB Loan Poverty Reduction Road Project Resettlement Office, consisting of 4 persons, responsible for identifying and confirming the quantity of land acquisition and house demolition, special facilities and ground attachments, conducting the DMS and saving data; assisting in preparing the RP and implementing RP; selecting resettlement officials for operational training; organizing public consultation, and communicating resettlement policies; directing, coordinating and supervising LA and resettlement activities and progress; disbursing resettlement costs according to the agreement and handling grievances of APs; assisting and supervising the affected villages’ carrying out economic rehabilitation plans and ensuring the income restoration of the affected people; carrying out internal monitoring, preparing internal monitoring reports and reporting to Yuanzhou district PMO.
(iv) Town/township Government
162. The town/township resettlement offices, headed by each Town/township leader are comprised of key officials of the land and resources office, police office, civil affairs office and villages. The main responsibilities are:
(i) Participating in the survey of the Project, and assisting the preparation of the RP. (ii) Organizing public participation, and communicating the resettlement policies; (iii) Implementing, inspecting, monitoring and recording all resettlement activities within the town; (iv) Settling the house demolition and reconstruction;
23 (v) Responsible for the disbursement and management of land compensation fees; (vi) Supervision of LA, HD, income restoration and house reconstruction; (vii) Reporting LA, HD and resettlement information to Yuanzhou District Project Management Office; (viii) Coordinating and handling conflicts and issues arising from its work.
(v) Village committees and village groups
163. The resettlement working team of a village committee or village group comprises its key community leaders and representatives of APs and with authorization of villagers’ convention. Its main responsibilities are:
(i) Participating in the socioeconomic survey and DMS; (ii) Assistance in preparing the Relocation and Resettlement Plan; (iii) Organizing public consultation, and communicating the policies on LA and HD; (iv) Organizing village meetings in discussing the proportion of compensation distribution to APs and supervision of the use of collective compensation funds in a village if any, (v) To choose resettlement sites and distribute housing land for relocated families; helping APs to get house construction approvals, (vi) Organizing the implementation of agricultural (including land redistribution) and nonagricultural resettlement activities; (vii) Reporting the APs’ opinions and suggestions to the relevant authorities; (viii) Providing assistance to relocated households with difficulties, particularly the vulnerable families (ix) Supervising land acquisition, housing and ancillary facilities demolishing and reconstruction; (x) Reporting the progress in land acquisition and resettlement; (xi) Preparing clearance letter to confirm the facility and infrastructure have been restored and meet their requirement.
(vi) Agency undertaking RP formulation
164. Shaanxi Academy of Social Sciences has been entrusted by Ningxia Hui Autonomous Region PMO to formulate the RP. The responsibilities include: i) formulating the RP and ii) providing training to the RP implementation staff of PMO in provincial, county and township level.
(vii) Internal supervision agency
165. Yuanzhou District PMO sets up an internal supervision office for land acquisition and resettlement, consisting of 2 persons. The duty of the office is to guarantee all the land acquisition and resettlement officers can fulfill their tasks, carry out the requirements of the RP, and guarantee all the affected people can get their rights and interests.
(viii) Design Institute
166. At the planning and design stage, it will survey the physical indicators of LA and HD, environmental capacity, usable resources, etc. accurately, and assist the governments in the Project area in developing resettlement programs, preparing budgetary investment estimates for compensation for LA and HD, and preparing the relevant drawings.
24 167. At the implementation stage, it will submit the design documents, technical specifications, drawings and notices to the owner, make design disclosure to the PMOs of all levels.
(ix) External monitoring and evaluation agency
168. The executing agency will invite qualified M&E institutes as external M&E agency. The main responsibility includes:
169. Monitoring all aspects of resettlement planning and implementation as an independent M&E agency, monitoring and evaluating the effectiveness of compensation, resettlement and income restoration measures for the APs, including women and vulnerable APs, and submitting M&E reports to NPMO and ADB semi-annually;
170. Providing technical advice to the Resettlement Office in data collection and processing.
171. Follow the TOR for external M&E (see Annex C).
7.3 Staffing and Equipment
7.3.1 Staffing
172. In order to ensure the successful implementation of the RP, all resettlement agencies of the project have been provided full-time staff, and an efficient communication channel has been established.
7.3.2 Equipment
173. All resettlement agencies of the Project have been provided basic office, transport and communication equipment, including desks and chairs, PCs, printers, telephones, facsimile machines and vehicles.
7.3.3 Organizational Training Program
174. In order to ensure the successful implementation of the resettlement work, the resettlement staff will be provided training. As Ningxia Hui Autonomous Region Transport Department has implemented previous ADB and World Bank projects, they are familiar with both ADB and PRC resettlement policy and procedures, and therefore do not need much training. In contrast, the staffs in county RO, Town RO and village levels is experienced with PRC resettlement policies and procedures, but are not familiar with ADB policy and procedures. Therefore the training will focus on county level and lower.
175. A staff training and human resources development system for the county, township, and village level resettlement agencies will be established. Training will be conducted in such forms as expert workshop, skills training course, visiting tour and on-site training.
176. The scope of training includes
• ADB’s Safeguard Policy Statement (involuntary resettlement policy) • Differences between ADB and PRC polices, • Resettlement implementation planning and management • Key points require attention during RP implementation
25 • RP implementation M&E
177. The training budget for resettlement agencies is CNY 50,000, which has been included in the technical training budget.
8 Resettlement Budget
8.1 Resettlement Budget
178. Based on the price in 2016, the total relocation and resettlement costs were CNY 12,107,945, including basic costs of CNY 5,038,936. Seeing from the influence category, permanent collective land acquisition costs are CNY 4,284,716, housing demolition and relocation costs are CNY 406,800, compensation fees for ground attachments are CNY 113,420, compensation fees for special facilities are CNY 234,000. Other fees includes RP formulating fee, implementation & management fee, land acquisition fee, technical training fee, external monitoring evaluation fee and contingencies. See Table 8-1 for details.
Table 8-1 Resettlement Budget Total Quantity Proportion No. Budget Item Unit Standard amount (unit) (%) (CNY ) Total of 1.1- 1 Basic relocation costs CNY \ 5,038,936 41.62 1.4 items Permanent land 1.1 CNY \ 4,284,716 35.38 acquisition 1.1.1 Farmland mu 6,400 453 2,899,200
1.1.2 Residential land mu 6,400 3 16,000
1.1.3 Unused land mu 1,280 739 945,792
1.1.4 Forest land mu 4,480 24 106,624
CNY 1.1.5 Subsidies for young crops 700 453 317,100 /mu Compensation fee for 1.2 CNY \ \ 406,800 3.36 housing demolition 1.2.1 Rural brick-wood structure ㎡ 600 650 390,000
Fees for temporary CNY 1.2.2 300*6 6 10,800 resettlement /HH CNY 1.2.3 Moving subsidy 1,000 6 6,000 /HH Compensation for ground 1.3 CNY 113,420 0.94 ancillary facilities 1.3.1 Brick wall CNY /m 120 660 79,200
CNY 1.3.2 Iron gate 1,000 6 6,000 /single CNY 1.3.3 Tomb 1,000 4 4,000 /single CNY 1.3.4 Weed tree(DBH >10cm) 7 800 5,600 /single
26 CNY 1.3.5 Weed tree(DBH <10cm) 62 210 13,020 /single CNY 1.3.6 sapling 2,800 2 5,600 /single Compensation fee for 1.4 CNY \ \ 234,000 0.19 special-purpose facilities Support fund for 2 CNY \ \ 30,000 0.25 vulnerable groups RP formulating and 3 CNY \ \ 150,000 1.24 monitoring fee 3.1 Fee for formulation of RP CNY \ \ 50,000
M&E cost for relocation and 3.2 CNY \ \ 100,000 resettlement Training cost for affected 4 CNY \ \ 50,000 0.41 people Taxes related to land 5 CNY 5,738,287 47.39 acquisition CNY 5.1 Farmland occupation tax 3,334 453 1,510,076 /mu CNY 5.2 Farmland reclamation fee 2,667 453 1,208,060 /mu Paid use fee for newly-added CNY 5.4 6,667 453 3,020,151 construction land /mu (10% of item 6 Contingencies CNY 1,100,722 9.09 1-5) 2~6 Subtotal CNY 7,069,009 58.38
7 Total CNY 12,107,945 100.00
8.2 Resettlement investment plan and source of fund
179. The source of resettlement funds is Yuanzhou County government financial supporting funds and domestic loans. Before or during the construction phase, the investment plan will be implemented in stages in order to not affect the production and livelihood of the affected households. See details in Table 8-2.
Table 8-2 Resettlement Investment Plan Year 2017 2018 Total Amount of investment (CNY 10,000) 726.5 484.3 1210.8 Proportion (%) 60 40 100
8.3 Management and Disbursement of Resettlement Funds
180. Land compensation fees and resettlement subsidies should be used in full consultation with the APs; young crop fees are paid directly to the affected persons; compensation fees for infrastructure and attachments are paid to the affected entities or individuals.
181. To ensure that the resettlement funds are available both timely and completely, and the APs’ production, livelihoods and income are restored, the following measures will be taken: (i) All costs related to this RP shall be included in the total budget of the project.
27 (ii) Land compensation fees and resettlement subsidies shall be fully paid up before land acquisition, so as to ensure that all affected people are properly resettled. (iii) For AH who choose cash compensation, 50% of compensation fees for HD shall be paid to the APs upon execution of the HD compensation agreement, and the balance shall be paid when house is handed over for demolition. (iv) To ensure the smooth implementation of land acquisition, relocation and resettlement, the finance and supervision institutions at all levels will be established to ensure that all funds will be paid both timely and completely. (v) The resettlement costs may be increased due to the increase of the compensation standards and price inflation, but the Yuanzhou District Government will ensure that compensation fees are fully paid.
182. Figure 8-1 shows the resettlement funds distribution flow.
Local finance allocation of counterpart funds
LA Compensation Compensation fees for HD fees agreement and payment of ground ancillary facilities and Infrastructure
Relevant unites or 50% of relocation individuals fees crops Fees young for Hand over/vacate APs house Direct payment Resettlement subsidy The balance Land Compensation fees should be paid Village committee ask for Payment before villager's opinions through LA village meetings
Figure 8-1 Resettlement Funds Flow of Distribution
8.4 Approval of Budget Increase
183. The project implementation unit has the authority to adjust the budget among categories and the use of contingencies within the budget. Costs exceeding total RP budget should be reported to Ningxia Hui Autonomous Region Development and Reform Commission and Financial Department of Ningxia Hui Autonomous Region by the project office and the increase of the budget subject to the approval. The whole process shall not be more than one month.
28
9 Public Participation and Grievance Redress
9.1 Public Participation
184. According to relevant policies and regulations of ADB, the PRC, Transportation Department of Ningxia Hui Nationality Autonomous Region and Yuanzhou District, it is required to conduct public participation at the preparation and implementation stages in order to protect the lawful rights and interests of the APs, reduce grievances and disputes, and realize the resettlement objectives. It is necessary to develop a sound framework and implementation rules, preparing an effective RP, and organizing proper implementation.
9.1.1 Stakeholder identification and information disclosure
185. The main stakeholders refer to the groups directly affected by or involved in the project, including: (1) those suffering land loss and property loss; (2) the villages to be benefited in the project area; and (3) all organizations and companies directly participating in project construction and operation, including the construction contractor.
186. Other stakeholders include government organizations participating in the project activities as well as the people who are interested in the project and also participate in the relevant project activities in the process of land acquisition and demolition.
187. Early stage information disclosure will be through agencies involved in project design and administrative road agencies at various levels. The main content includes project rationale, scope, road standard, alignment selection, and potential affected people by land acquisition and house demolition. During the PPTA phase, information disclosure occurred mainly through project management office at provincial and county level, and survey teams of RP, poverty and social analysis and environment assessment. Key information including resettlement principles and compensation standard, resettlement options and assistance measures, and up to date negotiation process and results were shared with the APs. Future information disclosure will be conducted through information booklet distribution and website, village bulletins and public media as well as through public consultation. Key information related to compensation standard, implementation schedules, resettlement budget and funds flow, organizational responsibility and contact persons, grievance redress, and internal and external M&E are included in the booklet and will be distributed to all affected households in mid July 2016. Project implementation progress will also be disclosed to the APs and posted in village bulletins. The draft and final RPs will be posted on ADB website and made available to APs in the Town ROs and affected villages.
9.1.2 Participation during project preparation
188. At the feasibility study, PPTA phase, intensive consultations with stakeholders have been conducted with project executing agency, focusing on project scope and component, the alignment selection/shaping, design standards, and alternatives of reducing affected population. During the PPTA, primary survey and consultation was conducted in April 2016, and the secondary survey and consultation was conducted in July 2016. See Figure 9-1 for photos on the site. A total of 662 households (662 of potential affected households along the alignment corridor in RP development, including all AHs) were surveyed. In addition, a total of 8 key informant interviews, 6 focus group discussions and consultation workshops have been held with women, the poor, the elderly and village representatives in the project area and a number
29 of key informant interviews were held with various bureaus. The participants include individual villagers, village leaders, worker and government institution like Land and Resources Bureau, Transportation Bureau, Development and Reform Committee and other relevant agencies. The quantitative and qualitative material provided in evaluation, investigation and discussion were used to formulate Resettlement Plan and other documents according to policy requirements of ADB and the PRC. 189.
Figure 9-1 Public survey site
190. Methods and tools used include (i) field visits to collect basic information on the project impact from project beneficiaries and APs; (ii) household survey to understand family situations, livelihood status and living conditions; (iii) focus group discussion to learn expectations and requirements of affected people; (iv) interviews with representatives of households, villages or communities to find potential impacts, coping strategies and demands for support; (iv) interviews with government agencies, development organizations and industrial parks to identify existing programs that can help the poor to take advantages of the project benefits, and (v) workshops were held to collect feedback on the draft RP.
191. The consultation during project preparation shows in Table 9-1 for details. The resettlement information booklet (RIB) has been formulated, and will be distributed in August
30 2016. The updated RP is subject to the detailed measurement and survey, and will be handed over to ADB for approval before the land acquisition and resettlement and issuing of civil engineering contract. Meanwhile, the updated RP will be disclosed to the APs and published on the website of ADB.
Table 9-1 Public Participation during Project Preparation Finished Time Organizer Participants Objective comments and contents Project Affected people, Feasibility town, village leaders, Report engineering formulation personnel, local Project Introducing project background and institute, agency of traffic feasibility purpose Planning management study, on-site Site selection should minimize 2015.4~2016.3 Division of organization in inspection and Farmland Transportation project preliminary Route selection should minimize Department of implementation survey of impact on APs Ningxia Hui county and district project impact Nationality Autonomous Region Design Assisting project impact survey personnel, Villager representatives expressed Shaanxi strong needs of the project and Academy of proposed suggestions for route Relocation Social Relevant government adjustment plan Science, agencies, villager Socioeconomic survey and preparation, Planning representatives and investigation on resettlement 2016.4~2016.5 socioeconomic Division of grass-roots cadres households survey of Transportation resettlement Department of impact Ningxia Hui Nationality Autonomous Region Shaanxi Relevant government Academy of agencies and villager Social representatives Science, Planning Division of Preparation of Negotiate compensation plan and Transportation 2016.4~2016.5 income income recovery plan Department of recovery plan Ningxia Hui Nationality Autonomous Region, Yuanzhou PMO
31 Time Organizer Participants Objective comments and contents Yuanzhou Affected towns, Public PMO, Shaanxi villages and villagers consultation Distribution and allocation method of Academy of and survey on compensations for land acquisition Social resettlement Impact degree of land acquisition Science option and demolition on the income of AHs Development planning of affected villages and groups Employment status and employment resettlement willingness of AHs 2016.4~2016.5 Training needs of Ahs ,2016.7 Current status and willingness of AHs for endowment insurance Selection willingness for resettlement mode of demolition AHs Relocation site selection of AHs Suggestions of APs on the form of housing construction and infrastructure construction Women’s unique role during relocation and resettlement
Yuanzhou Affected towns, Public Verify the problematic land PMO, Shaanxi villages and villagers consultation acquisition and demolition data with 2016.7.11~7.13 Academy of and situation local government and villagers on the Social verification site Science Source: from Yuanzhou PMO
9.1.3 Participation plan during implementation
192. Along with project implementation, the Yuanzhou PMO and RO will conduct further public participation. The arrangement of public participation is shown in Table 9-2.
Table 9-2 Project Public Participation Scheme Objective Approach Time Agency Participant Topic Release Disclosing draft Village APs, town, compensation Resettlement Plan announcement Yuanzhou 2016.7 village and standard, and information and villagers PMO village group complaint booklet meeting channels, etc. Release compensation Disclosing draft Yuanzhou Website 2016.7 ABD website standard, Resettlement Plan PMO and ADB complaint channels, etc. Yuanzhou Announcing PMO, DRB, land acquisition Village LRB, Highway area, Land acquisition announcement Bureau in 2016.11 All APs compensation announcement and villagers affected standard, meeting counties, LRB resettlement and town, method, etc. village leaders
32 Objective Approach Time Agency Participant Topic Yuanzhou PMO, DRB, Announcement for Village LRB, Highway Compensation compensation and announcement Bureau in amounts and resettlement 2016.11 All APs and villagers affected mode of scheme of land meeting counties, LRB payment acquisition and town, village leaders Confirm the final affection quantity Yuanzhou Details of PMO, DRB, assets of loss LRB, Highway Detailed and the 2016.11 ~2016. Bureau in Measurement l Field survey All APs occupied land of 12 affected Survey (DMS) resettlement counties, LRB households and town, Preparation of village leaders the basis contract for compensation agreement Detailed impact Prepare final RP Village APs, town, numbers, AHs, based on detailed announcement 2016.12~ Yuanzhou village and compensation design and DMS and villagers 2017.1 County PMO village group standards and and disclose meeting RP budget Yuanzhou Discussing the PMO, DRB, final scheme for Confirming LRB, Highway Villagers livelihood livelihood recovery Before Bureau in meeting All APs recovery and plan and its implementation affected (several times) usage scheme implementation counties, LRB for and town, compensation village leaders 1 AH that have Viewing of plot Selecting residential Three months LRB, town, Villagers housing options and land plots for before and village meeting completely selecting final related HHs demolition leaders demolished plots LSPB, town Villagers Discussing the Training plan 2016.10 and village All APs meeting training needs leaders 1) Resettlement progress and impacts Villagers 2) Payment of Town, village Monitoring participates in 2017.10~2020.4 All APs compensation leaders meeting 3) Information disclosure 4) income restoration Source: from Yuanzhou PMO
33 9.1.4 Adaptation of RP based on public opinions
193. According to public consultation done by RP survey team of SASS, PPTA consultants, and Yuanzhou PMO, some reasonable opinions and suggestions of the affected people are included in the resettlement plan as follows:
(i) The views and concerns towards the project have been included in the RP. (ii) All resettlement options fully reflect the needs and wishes of APs. (iii) Based on the survey results, the compensation standard for housing demolition was then updated based on the current local market replacement price. The updated compensation standard has been greatly increased compared with the existing rate of the government documents, compensation is made in strict accordance with the market replacement price, and the compensation standard compared with that in other government projects is increased, ensuring the implementation of ADB’s resettlement guarantee policy and benefits of AHs.
194. In the public consulting activities in April 2016, besides publishing project implementation information to the masses in the affected areas, opinions of the masses to project implementation are also collected and mainly concluded as follows:
(i) For the project is implemented in the rural mountain areas with worse roads and natural conditions, it has direct and positive impact on the improvement of going out and economic activities of local people. For instance, the villagers in Wangyao Village of Huanghua Town expect the immediate implementation of the project, and have given suggestions on road repair to the town government several times. Because Wangyao village is located at a high altitude, the outward transportation of economic crops and landscape seedlings is extremely inconvenient and villagers’ income is thus affected. (ii) The masses wish the project can absorb more local labor forces to engage in the transportation of earthwork, construction materials, etc. after the project is implemented. Women expect to be involved in the project implementation more. (iii) Most of the masses think training activities are necessary if possible. For instance, young men consider the training on automobile and motorcycle repair; and some masses wish the skill training on e-commerce.
9.2 Grievances and Redress
195. To ensure rehabilitation and improvement of the affected persons’ production, livelihood and living conditions, the provincial and county PMO closely consulted with the affected persons to reduce complaints. A mechanism is set up to provide AP with opportunities to complain and to solve problems during implementation.
9.2.1 Grievances
196. Contents of grievances include any aspect of resettlement, for example, house compensation, quantity of assets, land compensation, selection of housing sites, and income loss, relocation fees and compensations during house rebuilding, temporary land occupation, other construction impacts, etc.
9.2.2 Grievance Procedures
34 197. The public participation is always encouraged in the process of compiling and implementing the RP. No substantial dispute is expected to arise; however there may be some unforeseeable problems that occur in the process. In order to solve such potential problems effectively and ensure the project construction and land acquisition to be carried out successfully, a transparent and effective appeal channel has been set up.
198. The grievance procedures will be operative throughout the entire construction period so that they can be used by villagers to deal with problems relating to infrastructure rehabilitation, such as the reconstruction of irrigation networks, the positioning and design of drainage culverts, local road access, the use of temporary land, etc. In this way villagers will have an effective procedure to bring these matters to the attention of Yuanzhou PMO and the contractors, as well as a forum, for their timely resolution. As an additional measure, village leaders will be provided with a name and contact point (e.g. Telephone number), to whom they can raise matters relating to the road construction as and when they arise.
199. The basic procedure of the grievance solution is: APs-Village committees - town resettlement office - Township or town government- county resettlement office-Yuanzhou PMO and Ningxia PMO.
200. The basic grievance redress system is as follows:
(i) Stage 1: If APs have any dissatisfaction with RP or implementation, they may report to the villagers’ committee. Alternatively, the villagers’ committee or the APs may directly appeal to the town resettlement office for negotiated resolution or put forward an oral or written grievance. The town resettlement office records the complaints and resolve the problems within two weeks after the receipt of the complaints if the grievance is oral. (ii) Stage 2: If the APs who lodge the complaints are not satisfied with the results of the Stage 1, they may lodge a grievance to Yuanzhou District RO or PMO. The latter will make resolution within two weeks. (iii) Stage 3: If the persons who lodge the complaints are still not satisfied, they may after receiving the decision, lodge complaints to the Ningxia PMO for arbitration. The latter will make arbitration decision within a month.
201. If the persons are still dissatisfied with the decision of the Stage 2 or 3, they may, after receiving the arbitration decision, appeal to administrative setups step by step (township office, county office, authorities of letters and calls, administrative supervision, disciplinary inspection and procurement department) according to Administrative Procedure law.
202. The complaints and appeal procedures will be conveyed to APs through public meetings and other information dissemination procedures such as village notice boards, to ensure they fully understand their rights and the mechanisms for complaint and appeal. Any complaints raised by APs and resolutions must be registered in written form by the resettlement office that receives these grievances.
203. At any point, if the appellant is dissatisfied, he/she may bring a suit in a civil court in accordance with the Civil Procedure Law of the PRC.
204. The APs may also express grievance to the external monitoring agency, who would then report it to Yuanzhou District Resettlement Office, Yuanzhou Land and Resource Bureau, and PMO of the Ningxia Hui Autonomous Region. Alternatively, the APs may submit a complaint to
35 the ADB’s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, and if there are grievances that stemmed from a violation of ADB’s safeguard policy, the APs may appeal directly to ADB in accordance with ADB’s Accountability Mechanism (2012)4.
205. All the grievances received, oral or written will be recorded and their redress will be recorded as well and these will be made available to the external monitoring agency or ADB review missions on request. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. During the whole construction period of the Project, these appeal procedures shall remain effective to ensure that the APs can use them to address relevant issues. The above grievance redress system will be communicated to the APs at a meeting or through the RIB, so that the APs know their right of appeal. In addition, the appeal process will be published to affected population on mass media.
9.2.3 Grievance Redress Principle
206. The resettlement offices at each level must perform on site investigations on the complaints from the people and closely consult with them on their opinions before providing practical and justified redress opinions in accordance with the principles and standards specified in national laws and ADB’s involuntary resettlement safeguards principles enshrined in the RP. The complaints that could not be solved must be timely submitted to the higher resettlement department, and the RO at each level are required to provide assistance on investigations.
9.2.4 Contents and Form of Reply to Complaints
(i) Contents a.) Description of the complainants’ grievance; b.) Results of investigations; c.) National policies, and the ADB’s principles and standards specified in RP; d.) Resolution and its basis; e.) The complainant has the rights to appeal to the higher resettlement department or to the courts. (ii) Form of Reply a.) For complaint concerning individual case, the reply can be directly delivered to the complainant in written form. b.) For complaints frequently addressed, notify the local village or sub-village by convening village meeting or issuing documents.
9.2.5 eport of Grievance
207. During implementation of the RP, the resettlement units shall make proper records and management of the complaints and solutions, and report them to the Ningxia PMO in written form monthly.
4 http://www.adb.org/site/accountability-mechanism/main
36 10 Implementation Plan of Land Acquisition and Resettlement
10.1 Principle for Implementation of Land Acquisition and Resettlement
208. The schedule for land acquisition and resettlement will be integrated with the schedule of Project construction. The basic principles for RP implementation are as follows. (i) LA and HD should be completed at least 3 months prior to the commencement of construction, and the starting time will be determined as necessary for LA, HD and resettlement. There will no commencement of related civil works until all compensation is paid. (ii) During resettlement, the APs shall have opportunities to participate in the Project. Before the commencement of LA and HD, the DMS results will be disclosed and confirmed with the APs. (iii) All compensation fees will be paid to the affected proprietors directly and fully within 3 months of approval of the compensation and resettlement program for LA. No entity or individual should use such compensation fees on their behalf, nor should such compensation fees be discounted for any reason. (iii) After project approval and completion of detailed design, the Yuanzhou resettlement office will organize a survey team along with town resettlement office as well as village leaders to conduct detailed measurement and investigation. (iv) Yuanzhou PMO will update the Resettlement Plan based on the detailed measurement and investigation results, and the plan will be submitted to autonomous region level PMO. (v) Ningxia PMO shall submit the updated Resettlement Plan to ADB for concurrence; this is a condition for ADB award of civil works contracts.
10.2 RP Implementation Schedule
209. The general resettlement schedule of the project has been drafted based on the progress of road project construction, LA and implementation. The exact implementation schedule may be adjusted due to deviations in overall project progress. See details in Table 10-
Table 10-1 Schedule of Land Acquisition and Resettlement Activities No. Resettlement Task Target Responsible unit Time Remark 1 Information disclosure 3 towns Yuanzhou District PMO and 1.1 Information booklet and 10 July 2016 each town governments villages RPs need Disclosure draft RP on Implementation agency, 1.2 July 2016 to be ADB website PMO and ADB endorsed 2 RP and budget 2.1 Approve the draft RP and budget (including Government, Yuanzhou July 2016 Completed compensation District PMO standard) 2.2 If any Update RP based on changes detailed design and Yuanzhou District PMO, Jan ~ Feb from this DMS and submit to Ningxia PMO, ADB 2017 RP (as ADB for concurrence required)
37 No. Resettlement Task Target Responsible unit Time Remark 3 Detailed measurement survey 3.1 November~ Detailed measurement 10 Yuanzhou District PMO December on LA and HD villages s 2016 4 Compensation agreements 4.1 Village-level land 10 compensation LRB March 2017 villages agreement 4.2 10 Household land villages March~ April compensation VCs, supervised by LRB and 269 2017 agreements AHs 4.3 Household house March ~ compensation and 6 HHs Yuanzhou RO April 2017 relocation agreements 5 Implementation of income restoration measures 5.1 Distribution land compensation to AHs 10 May ~ June Township and VCs and/or allocation of land villages 2017 (if possible) 5.2 Village-level 10 Dec 2016 ~ VCs development plan villages Feb 2017 5.3 Income restoration April Township, VCs and labor through business and 269 HHs 2017~April bureau employment 2018 5.4 Implementation of AP Apr 2017 ~ 269 HHs Labor bureau training plan Apr 2018 5.5 Vulnerable groups identification and 37 Since April PMO and civil affairs assistance measures persons 2017 implementation 5.6 Hiring APs for employment under July PMO, labor bureau and project during 55 APs 2017~July Contractors construction and for 2018 operations 5.7 Hiring APs for road 20 APs Yuanzhou Transport Bureau July 2018 maintenance 6 Implementation of House Relocation 6.1 Train relevant personnel 15 Jan ~ Dec in Yuanzhou District ADB and Ningxia PMO ongoing persons 2016 PMO 6.2 Train relevant Dec 50 personnel in county, Yuanzhou PMO and RO 2016~Apr, persons town, and village 2017 6.3 Payment of house February~ compensation and 6 HHs March 2017 allowances 6.4 Allocation of housing February 1 HH VCs plots 2017 6.5 Provision of services to March ~ 1 HH Contractors, PMO plots April 2017 6.6 Construction of new April~ 6 HHs APs houses December
38 No. Resettlement Task Target Responsible unit Time Remark 2017 6.7 September Move into new houses 1HH APs 2017 7 Monitoring and evaluation 7.1 Build internal monitoring Based on Ningxia PMO and IAs Dec 2016 system RP 7.2 Engage external 1 Monitor Ningxia PMO Dec 2016 monitoring unit 7.3 Sample Baseline survey External monitoring unit Feb 2017 of AHs 7.4 Internal monitoring Quarterly PMO and implementation Start Jan
report report agency 2017 7.5 Semi- July 2017 1st report External monitoring annual External monitoring unit report Jan 2018 2nd report report rd 7.6 External monitoring Annual Jan 2019 3 report External monitoring unit report report Jan 2020 4th report 7.7 1 Resettlement combined Ningxia PMO and 7 county March 2020 completion report report for PMOs the Project 8 Consultation and Participation Yuanzhou PMO Ongoing records 9 Grievance records Yuanzhou PMO Ongoing 10 Process of land compensation and resettlement capital flows 10.1 PMO already CNY 7.265 Yuanzhou District -To Yuanzhou PMO Jan 2017 has initial million Government startup funds 10.2 CNY 4.285 Feb ~Mar - To village Yuanzhou PMO and RO million 2017 10.3 CNY Yuanzhou PMO, RO and 7 Start from - To household 3.2~3.7 village committees April 2017 million 11 Start civil works 11.1 Yuanzhou District project Yuanzhou District PMO July 2017
39 11 Monitoring, Evaluation and Report
210. In order to ensure the successful implementation of the RP, two types of supervision modes will be applied at the same time and it will be supervised by two organizations from different channels: First, internal supervision system comprised of government departments (autonomous region, PMOs at county level with resettlement focal persons with support from Project Management System consultant) conduct supervision according to RP provisions from the perspective of public administration. Second, external supervision system comprised of sociology experts conduct evaluation and supervision through social survey.
11.1 Internal Monitoring
211. The internal resettlement monitoring agencies will include Yuanzhou District PMO, Finance Bureau and other departments concerned (e.g., Land and Resources Bureau). The PMO shall develop a detailed internal monitoring plan for land acquisition and resettlement, including: (i) Investigation, coordination of and suggestion on key issues of the resettlement and implementing agencies during implementation; (ii) Status of LA and HD and any variations for the final RP; (iii) Restoration of the household income of the APs after LA; (iv) Preparation of housing plots and relocation after HD; (v) Restoration and resettlement of women and vulnerable persons; (vi) Payment, use and availability of compensation fees for resettlement; (vii) Degree of public participation and consultation during resettlement; (viii) Resettlement training and its effectiveness; (ix) Establishment, staff training and working efficiency of resettlement management agencies; and (x) Any unexpected changes from the final RP and corrective plans prepared to deal with the changes. 212. The Ningxia PMO shall submit phase I progress sheet and an internal monitoring report to ADB. Such report shall indicate the statistics of the past months in tables, and reflect the progress of LA, resettlement and use of compensation fees. Ningxia PMO will also be responsible to prepare a resettlement completion report; this can be done in conjunction with the external monitor. This report will be submitted to ADB.
11.2 External Monitoring
213. According to ADB’s policies, the Yuanzhou PMO shall employ a qualified, independent and experienced resettlement institute/firm as the external RP M&E agency.
214. The external M&E agency shall conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It will also conduct follow-up monitoring of the APs production levels and living standard, and submit M&E reports to the Ningxia PMO and Yuanzhou PMO for their review, follow-up and disclosure to APs. Ningxia PMO shall submit the external M&E report to ADB semiannually for their review, comment and disclosure on website.
11.3 Scope and methodology of external monitoring
(i) Baseroad survey
40 215. The external M&E agency will conduct a baseroad survey on the affected villages to obtain baseroad data on the sample AHs’ production levels and living standard (living, production and income level). The production level and living standard sample surveys will be conducted semiannually to track variations of the APs. This survey will adopt typical sample tracking investigation, (sample size: 30% of land acquisition AHs, 100% of DHs; the sample households will be selected in form of random selection), random interview and field observation to acquire necessary information. Statistical analysis and evaluation will be made on this basis.
(ii) Periodic M&E
216. During the implementation of the RP, the external M&E agency shall conduct periodic follow-up resettlement monitoring semiannually of the following activities by means of field observation, key informants interview, random interview and focus group discussion: • Payment and amount of compensation fees; • Livelihood training; • Support of women and the vulnerable groups; • Restoration and reconstruction of infrastructure and special facilities; • Income restoration options and results • House demolition and reconstruction; • Compensation for lost property; • Time table of the above mentioned activities (applicable for any time); • Performance of resettlement organizations; • Use of collective land compensation and the income of APs; • Income growth of labor through employment; and • Whether the APs benefited from the project.
(iii) Public consultation and participation
217. The external M&E agency will attend public consultation meetings held during resettlement implementation to evaluate the effectiveness of public participation.
(iv) Grievance redress
218. The external M&E agency will visit the affected villages and groups regularly, and interviewing the township RO and county PMO that accept grievances about how grievances have been handled. It will also meet complainants, and propose corrective measures and advice for existing issues so as to make the resettlement process more effective.
(v) External monitoring reports
219. The external M&E agency will submit a monitoring or evaluation report to the ADB and Ningxia PMO semiannually; four external monitoring will be conducted and 6 reports will be submitted in total. See Table 11-1 for external monitoring activity and report submitting time. The TOR for External M&E can be found in Annex C.
Table 11-1 Schedule of Monitoring and Evaluation Report Date 1 Socioeconomic baseline survey report March 2017 2 First monitoring report July 2017 3 Second monitoring report Jan 2018
41 Report Date 4 First evaluation report Jan 2019 5 Second evaluation report Jan 2020
11.4 Post Evaluation Resettlement Completion Report
220. After project implementation, the post-evaluation will be implemented to evaluate the Project’s resettlement activities on the basis of M&E to (i) confirm the RP objectives have been met and (ii) to obtain successful experience and lessons in land acquisition and property demotion as a reference for future work.
221. Post evaluation will be led by Yuanzhou RO, with support from the Monitor. It should be started earlier when records are fresh but it can only be finalized when evaluation reports confirm satisfactory restoration.
42
Annexes Annex A Resettlement Information Booklet NINGXIA LIUPANSHAN POVERTY REDUCTION RURAL ROAD DEVELOPMENT PROJECT FINANCED BY THE ADB
Resettlement Information Booklet for Guating–Guyuan Road & Wanzhang–Sanying Road project of Yuanzhou District of Guyuan City in Ningxia Hui Autonomous Region
July 2016
Prepared by Transportation Department of Ningxia Hui Nationality Autonomous Region
43 1 Project Background
1. Transportation Department of Ningxia Hui Nationality Autonomous Region grasps the opportunity of historical development, starts from eliminating the phenomenon that undeveloped traffic and infrastructure restrict the development of contiguous destitute areas in Liupanshan, and now plans to implement Liupanshan rural Road development project for poverty alleviation in Ningxia Hui Autonomous Region with the ADB loan, which includes seven subprojects, involving Xiji County, Pengyang County, Jingyuan County and zhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
2. The construction of Liupanshan rural road development project for poverty alleviation in Ningxia Hui Autonomous Region (the Project) with the ADB loan mainly targets at: 1) improving the technical grade for road network project, increasing network capacity, and perfecting regional road network; 2) enhancing the connection between the project area and surrounding area, improving regional traffic condition, and promoting the economic development of the project area and region; 3) constructing seven trunk roads and 21 branches in Xiji County, Pengyang County, Jingyuan County, and zhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
3. Yuanzhou District subproject: include two trunk roads to be rebuilt.
4. A. Guating–Guyuan Road in Yuanzhou District is constructed as a rebuilding project of secondary road, with subgrade width of 10.0m and 8.5m. It starts from the boundary of Yunwu Mountain Nature Reserve in the north of Guanting Village, and ends at K26+330, namely the intersection of Gu-Xiji Road and Eastern Ring Road in Guyuan City, with total length of 26.33km. The subgrade/pavement width from K0 to K1+245 is 10m/8m; that from K1+245 to K1+670 is 12m/10m; that from K1+670 to K5+000 is 10m/8m; that from K5+000 to K26+330 is 8.5m/7m. The total investment is estimated to be CNY 229,310,500.
5. B. Wanzhang-Sanying Road project in Yuanzhou District is constructed as a rebuilding project of tertiary road. It starts from Wanzhang Village at the boundary of western foot of Yunwu Mountain in the southwest of Zhaike Town in Guyuan City, with subgrade/pavement width of 8.5m /7m, and ends at K31+700, namely Road G344 (K301+900 of the formal Road S101). Its total length is about 31.7km, and total investment is estimated to be CNY 168,420,200 .
44 Wangtuan- Yuwang Road
Wanzhang- Zhengji-Jiucai- Sanying Road Sikouzi Road
Guanting-Gu Sectin of Gu- Xiji Road Jiangtai-Xitan- Pingfeng Road
Mengyuan Chunshucha– Chengyang Yangping Road
Shatang (Huanghua County)–Gaodian Road
Figure 1 Sketch Map of Rural Trunk Road Distribution
45 2 Project Impact
2.1 Project Impact Scope and Overview
6. The impact of land acquisition and demolition of the project involves 4 towns and 10 administrative villages.
Table 1 Towns and Administrative Villages Affected by Land Acquisition and Demolition of the Project Name of village/ neighborhood Construction content Name of town/ street committee Guanting Village, Liudian Village, Miaotai Guanting-Guyuan Road Guanting Town Village, Cheng’ershan Village Touying Town Pingle Village Daibu Village, Dongyuan Village, Malu Wanzhang-Sanying Road Sanying Town Village Zhaike Town Wanzhang Village, Caichuan Village
2.2 Impact of Permanent Collective Land Acquisition
7. The project will permanently acquire 1,218.2mu rural collective land of the above- mentioned areas, including Farm land of 453mu (37.2%), residential land of 2.5mu (0.2%), Unused land of 738.9mu (60.7%), forest land of 23.8mu (1.9%). 269 households with 1,130 people are affected by land acquisition.
Table 2: Permanent Acquisition of Collective Land (by affected village) Permanent land (mu) Numbe r of Affected Town/to Villagers Reside affecte Road Farm Unuse Forest Subtot populatio wnship committee ntial d land d land land al n land househ olds Guanting 61.7 0.2 98.7 0 160.6 26 109 Liudian 96 1.5 153.6 0 251.1 42 176 Guyua Guantin n-Xiji g Miaotai 24.4 0 39 0 63.4 14 59 Road Cheng’ersha 20.3 0 32.5 0 52.8 12 51 n Subtotal 4 202.4 1.7 323.8 0 527.9 94 395 Touying Pingle 22.2 0 35.5 0 57.7 23 97 Daibu 102.4 0 163.8 0 266.2 45 189 Wanzh ang- Sanying Dongyuan 51.8 0 82.9 11.3 146 31 130 Sanyin Malu 10.6 0.8 30.9 12.5 54.8 36 151 g Wanzhang 42.1 0 67.4 0 109.5 25 105 Road Zhaike Caichuan 21.5 0 34.6 0 56.1 15 63 Subtotal 6 250.6 0.8 415.1 23.8 690.3 175 735 1218. Total 10 453 2.5 738.9 23.8 269 1130 2 60.70 Proportion 37.20% 0.20% 1.90% 100 / / %
46 2.3 Temporary Land Occupation
8. At this stage, no temporary land occupation is planned.
2.4 Analysis of Impact of Residential House Demolition
9. The residential houses involved in the demolition are rural Brick-wood houses of 650 ㎡.A total of six households with 30 people are affected in total.
Table 3 List of Impact of Demolished Rural Residential House Housing demolition (㎡) Affected population Brick Earth Road Town Village Makeshif Subtota Househol Populatio - - t l d n (person) wood wood Guanting 50 0 0 50 1 4 Guating– Guantin Liudian 300 0 0 300 2 11 Guyuan g Miaotai 0 0 0 0 0 0 Road Chenger’sha 0 0 0 0 0 0 Subtotal 4n 350 0 0 350 3 15 Touying Pingle 0 0 0 0 0 0 Daibu 0 0 0 0 0 0 Sanying Dongyuan 0 0 0 0 0 0 Wanzhang Malu 300 0 0 300 3 15 -Sanying Wanzhang 0 0 0 0 0 0 Road Zhaike Caichuan 0 0 0 0 0 0 Subtotal 6 300 0 0 300 3 15 Total 10 650 0 0 650 6 30 Proportion (%) 100 0 0 100 / /
2.5 Impact of Demolished Buildings of Enterprises and Public Institutions
10. No enterprises and public institutions will be affected by land acquisition and demolished.
2.6 Affected Infrastructure and Ground Ancillary Facilities
11. The subproject will affect toilets, tombs, trees and other two categories. See Table 2-6 for details. Table 4 Affected Ground Ancillary Facilities Item Unit Quantity Brick wall fence ㎡ 660 Iron gate each 6 Tomb each 4 Sapling mu 2 Concrete pole each 78 φ<10cm each 800 10cm<φ<30cm each 210
47
48 3 Legal Framework and Policies and compensation rates
3.1 Policy Basis
12. The resettlement policies of this project are based on ADB’s policies and on the laws and regulations of the People’s Republic of China (PRC). These are as follows.
ADB Safeguard Policy Statement (2009), Safeguard requirement 2: Involuntary Resettlement The Land Administration Law of the People’s Republic of PRC Regulations on the Protection of Basic Farmland Interim Regulations on Farmland Use Tax of the People’s Republic of PRC Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28) Notice on the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People’s Republic of PRC (November 3, 2004, Guotuzifa [2004] No. 238) Notice on Further Specification of the Land Type Identification of Farm Road of General Office of Ministry of Land and Resources of the People’s Republic of PRC (Guo Tu Zi Ting [2013] No. 581) Notice on Publishing the Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Fa [2015] No.101)
3.2 Cut-off Date of Compensation
13. The cut-off date for the eligibility for compensation is on November 1, 2016, which is also the date of Tongxin PMO and RO conducting resettlement DMS. Any newly claimed land, newly built house or settlement in the project area by the APs after this date is not entitled to compensation or subsidization. Any building constructed or tree planted purely for extra compensation is not counted in the inventory of losses.
3.3 Compensation Rate for Permanent Land Acquisition
14. According to the Notice of Releasing the Compensation Standard for Land Acquisition in Ningxia Hui Autonomous Region by the People’s Government (Ning Zheng Fa [2015] No.101)(see the attachments) issued on January 1, 2016, the document standard shall be adopted for the land acquisition in all counties and districts affected by the project. The project implementation area includes Guanting Town, Touying Town, Sanying Town and Zhaike Town of Yuanzhou District, which all belong to Area III, where the compensation standard for dry farmland and residential land is CNY 6400 /mu. The compensation standard for Forest land is CNY 4,480 /mu, accounting for 70% of that for farmland in the area. The acquisition of unused land is executed by the 20% of that of dry farmland of the same area, and the compensation standard for unused land of the RP is CNY 1,280 /mu.
15. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 700 /mu:
49 Table 5 Compensation Standard for the Project Land Unit: CNY /mu Farm Category land/Residential Forest land Unused land Young crops land Compensation 4,480 (70% 1280 (20% of 700 (average output in the 6,400 standard of farmland) farmland) first three years)
3.4 Temporary Land Occupation
16. At this stage, no temporary land occupation is planned.
3.5 Compensation Rate for House Demolition
17. According to the policy of Asian Development Bank and regulations of PRC, market price evaluation is adopted for the rural residential houses of the RP. The houses to be demolished will receive compensation according to the “replacement price”, the compensation price will be determined through market price evaluation, and will not be lower than the compensation base price of the RP.
Table 6 Compensation Standard for Demolition of Residential House and Ancillary Facilities Type Base price Structure type Unit Remark () Residential land CNY /mu 6,400 The compensation Brick-concrete CNY /m² 600 for the house Compensation Brick-timber CNY /m² 410 shallnot be lower for house Earth-wood CNY /m² 310 than the proposed Makeshift house CNY /m² 100 base price. 1000 CNY 1,000 per relocation subsidy CNY/HH household for one House time. on Transition subsidy: collective CNY 300 per land household each Other subsidy month. Generally, Subsidy for for house and the transition temporal CNY/HH 300 period is 6 months. resettlement / The exceeded time transition subsidy should be calculated in accordance with actual condition.
3.6 Compensation for Ground Attachment and Infrastructure
18. The compensation standard for the ground attachment facilities and infrastructure of the subproject is determined based on the principle of “replacement price”.
Table 7 Compensation Standard for Ground Attachments and Infrastructure Item Unit Compensation standard Brick wall fence m 28 Iron gate Each 1000
50 Tomb Each 1000 Sapling mu 2800 Concrete pole Each 3000 φ<10cm Each 7 10cm<φ<30cm Each 62
3.7 Compensation for Young Crops
19. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 500 /mu.
3.8 Entitlement Matrix
20. The entitlement matrix has been established in accordance with the applicable policies.
51 Table 8 Compensation Entitlement and Resettlement Policy Matrix Entitled No. of entitled Implementat Applicable Compensati Compensatio Type of loss person/collect person/collect ion item targets on policy n entitlement ive ive a. Pay land acquisition compensati on to the rural collectives The village according meeting will to the determine compensati the fund on standard using, re- in Table 5-2 allocation of of this RP land, b. Re- investment allocation of and farmland developmen OR t project payment by Land The affected compensatio supervising village n allocation: authority Land within a) Rural a) Three collectives The share shall the project collectives towns of cash division approve and implementat owning the collectives compensati among the supervise ion area - land b) 130 APs of on (100%) farmers the Permanently road right of b) Farmers 269 HHs to AHs losing land is proposals acquired way with land use losing land losing land decided by and farmland (estimated rights (all with land with user villager requirement as 453mu of c) Farmers use rights) rights if land meeting; s of village dry renting the c) no APs is cash and provide farmland,) land renting the contracted compensatio convenience land to APs n shall be for training c. Cash directly paid project. compensati to individual. Those on for all agreed the ground compensatio attachment n for (e.g., trees) individual according shall be paid to according to standards the in Table 5-5 agreement and and prior to standing dispossessi (young) on. crops according to standard in Table 5- 2. Land a) Farmers To be Cash The villagers The village Temporary loss temporarily with land use determined compensati losing crops committee of land used as rights during on for the will get total must inform construction b) Farmers construction annual loss compensatio the original
52 Entitled No. of entitled Implementat Applicable Compensati Compensatio Type of loss person/collect person/collect ion item targets on policy n entitlement ive ive area within renting the period during land n according land user the project land loss period. to the and make implementat Restore to compensatio correspondi ion area or the status n standard ng close by prior to the compensatio area construction n. Maximum , and period of maintain use is 2 the life of years. APs at the former level at least. The compensati on standard is CNY 600 /mu per year. Cash compensati on for AHs, including residential land, and housing, Cash and compensatio attachment n paid to the Village and s. Cash owners of APs will compensati housing/build determine on for ing and the location various attachments. of new Residence housing The residence. and property type compensatio The within the 30 APs of 6 HHs or APs according n for contractor project HHs.,of which Loss of losing to the residential shall be implementat 1 HH suffer residence/prop buildings or replacemen land shall be responsible ion area or complete loss erty housing due t cost in paid to for filling and affected by and require to demolition Table 5-3. collective leveling the the project relocation The moving and area of new (estimated 2 compensati residential residence as 650 m ) on is CNY land shall be and connect 1,000 per re-allocated it to the HH, the to the existing transitional affected public compensati households facilities. on is CNY by the 300 /month villages. of standard subsidy, and the transitional period is six months.
53 Entitled No. of entitled Implementat Applicable Compensati Compensatio Type of loss person/collect person/collect ion item targets on policy n entitlement ive ive Compensatio n according Non- to the RP. Farmland Funds can within the Rural 10 project Cash be used for Loss of non- project collective Village affected compensati village Farmland implementati owning land collective villages on development on area ownership as decided in (estimated a village as 755.2 mu) committee meeting. All facilities Cash within the compensati project on based on Proprietor implementati Affected public Proprietor of Proprietor of the market receives the on area (no facilities all facilities all facilities price and total impacts negotiation compensation have been with identified proprietor yet) The project will assist the villages and towns in meeting the Refers to the demands of old and weak, the women, In the same vulnerable children, the condition, Any affected 10 HHs with groups, and disabled, or enjoy the Assistance person who 37 persons each Vulnerable those lacking priority of by is also belonging to household groups living ability, project government vulnerable the vulnerable will receive and the compensation department groups about CNY poverty HHs, and 3,000 HHs lacking assistance special labor or with subsidy for heavy burden the economic recovery of the vulnerable groups.
54 4 Institutional Arrangements
21. Since resettlement is a very comprehensive task that needs the assistance and cooperation of various departments, relevant departments including transportation department, department of land and resources, department of finance, etc. shall participate in and support resettlement implementation. Each affected town/township or village has one or two chief leaders responsible for resettlement. The agencies responsible for the LA and the HD in the Project are: • Leading Group for Poverty Relief Road Project with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region • Project Management Office for Poverty Relief Road with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region • Yuanzhou District Transport Bureau (implementing agency which also has a PMO) • Yuanzhou District Project Resettlement Office of Poverty Relief Project with ADB Loan • Project town/township governments • Village committees • Project design institute • External monitoring and evaluation agency • Other departments: Land Resources Bureau (LRB), Demolition and Relocation Office, Women’s Federation, Labor and Social Security Bureau.
22. The Organizational Chart is show in Figure 2.
55 Ningxia Transportation Department Project Leading Group with ADB loan
Project Management office with ADB Loan of Ningxia Transportation Department
Yuanzhou Transportation Bureau
Internal monitoring Project Yuanzhou Project Resettlement Office design institute
Town/township Governments External monitoring Village/ Community committees Community
Affected people
AH by HD AH by LA Infrastructure
Figure 2 Project Relocation Organizations
56 5 Resettlement Budget
23. The fees incurred during the land acquisition and relocation and resettlement shall be listed in the total budget of the project. Based on the price in 2016, the total relocation and resettlement costs were CNY 12,107,945, including basic costs of CNY 5,038,936. Seeing from the influence category, permanent collective land acquisition costs are CNY 4,284,716, housing demolition costs are CNY 406,800, compensation fees for ground attachments are CNY 113,420.
24. Other fees include RP formulating fee, implementation & management fee, land acquisition fee, technical training fee, external monitoring evaluation fee and contingencies.
25. Land compensation fees and resettlement subsidies should be used in full consultation with the APs; young crop fees are paid directly to the affected persons; compensation fees for infrastructure and attachments are paid to the affected entities or individuals.
26. To ensure that the resettlement funds are available both timely and completely, and the APs’ production, livelihoods and income are restored, the following measures will be taken:
(i) All costs related to this RP shall be included in the total budget of the project.
(ii) Land compensation fees and resettlement subsidies shall be fully paid up before land acquisition, so as to ensure that all affected people are properly resettled.
(iii) For AH who choose cash compensation, 50% of compensation fees for HD shall be paid to the APs upon execution of the HD compensation agreement, and the balance shall be paid when house is handed over for demolition..
(iv) To ensure the smooth implementation of land acquisition, relocation and resettlement, the finance and supervision institutions at all levels will be established to ensure that all funds will be paid both timely and completely.
(v) The resettlement costs may be increased due to the increase of the compensation standards and price inflation, but the Yuanzhou District Government will ensure that compensation fees are fully paid.
57 Local finance allocation of counterpart funds
LA Compensation Compensation fees for HD fees agreement and payment ground ancillary facilities and Infrastructure
Relevant unites or 50% of relocation individuals fees crops Fees young for Hand over/vacate APs house Direct Resettlement subsidy payment The balance Land Compensation fees Village committee ask for should be paid Payment before LA villager's opinions through village meetings
Figure 3 Resettlement Funds Flow of Distribution
6 Grievances and Redress
27. To ensure rehabilitation and improvement of the affected persons’ production, livelihood and living conditions, the provincial and county PMO closely consulted with the affected persons to reduce complaints. A mechanism is set up to provide AP with opportunities to complain and to solve problems during implementation.
28. The basic procedure of the grievance solution is: APs-Village committees- town resettlement office - Township or town government- county resettlement office-Yuanzhou PMO and Ningxia PMO.
29. The basic grievance redress system is as follows:
(i) Stage 1: If APs have any dissatisfaction with RP or implementation, they may report to the villagers’ committee. Alternatively, the villagers’ committee or the APs may directly appeal to the town resettlement office for negotiated resolution or put forward an oral or written grievance. The town resettlement office records the complaints and resolve the problems within two weeks after the receipt of the complaints if the grievance is oral. (ii) Stage 2: If the APs who lodge the complaints are not satisfied with the results of the Stage 1, they may lodge a grievance to Yuanzhou District RO or PMO. The latter will make resolution within two weeks. (iii) Stage 3: If the persons who lodge the complaints are still not satisfied, they may after receiving the decision, lodge complaints to the Ningxia PMO for arbitration. The latter will make arbitration decision within a month.
58 30. If the persons are still dissatisfied with the decision of the Stage 2 or 3, they may, after receiving the arbitration decision, appeal to administrative setups step by step (township office, county office, authorities of letters and calls, administrative supervision, disciplinary inspection and procurement department) according to Administrative Procedure law.
31. The complaints and appeal procedures will be conveyed to APs through public meetings and other information dissemination procedures such as village notice boards, to ensure they fully understand their rights and the mechanisms for complaint and appeal. Any complaints raised by APs and resolutions must be registered in written form by the resettlement office that receives these grievances.
32. At any point, if the appellant is dissatisfied, he/she may bring a suit in a civil court in accordance with the Civil Procedure Law of the PRC.
33. The APs may also express grievance to the external monitoring agency, who would then report it to Yuanzhou District Resettlement Office, Yuanzhou Land and Resource Bureau, and PMO of the Ningxia Hui Autonomous Region. Alternatively, the APs may submit a complaint to the ADB’s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, and if there are grievances that stemmed from a violation of ADB’s safeguard policy, the APs may appeal directly to ADB in accordance with ADB’s Accountability Mechanism (2012).
34. All the grievances received, oral or written will be recorded and their redress will be recorded as well and these will be made available to the external monitoring agency or ADB review missions on request. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. During the whole construction period of the Project, these appeal procedures shall remain effective to ensure that the APs can use them to address relevant issues. The above grievance redress system will be communicated to the APs at a meeting or through the RIB, so that the APs know their right of appeal. In addition, the appeal process will be published to affected population on mass media.
7 Implementation Plan of land Acquisition and Resettlement
35. The general resettlement schedule of the project has been drafted based on the planned progress of road project construction, LA and implementation. The exact implementation schedule may be adjusted due to deviations in overall project progress.
Table 9 Schedule of Land Acquisition and Resettlement Activities No. Resettlement Task Target Responsible unit Time Remark 1 Information disclosure 3 towns Yuanzhou District PMO and 1.1 Information booklet and 10 July 2016 each town governments villages RPs need Disclosure draft RP on Implementation agency, 1.2 July 2016 to be ADB website PMO and ADB endorsed 2 RP and budget 2.1 Approve the draft RP Government, Yuanzhou and budget (including July 2016 Completed District PMO compensation standard) 2.2 Update RP based on Yuanzhou District PMO, Jan ~ Feb If any
59 No. Resettlement Task Target Responsible unit Time Remark detailed design and Ningxia PMO, ADB 2017 changes DMS and submit to from this ADB for concurrence RP (as required) 3 Detailed measurement survey 3.1 November~ Detailed measurement 10 Yuanzhou District PMO December on LA and HD villages s 2016 4 Compensation agreements 4.1 Village-level land 10 compensation LRB March 2017 villages agreement 4.2 10 Household land villages March~ April compensation VCs, supervised by LRB and 269 2017 agreements AHs 4.3 Household house March ~ compensation and 6 HHs Yuanzhou RO April 2017 relocation agreements 5 Implementation of income restoration measures 5.1 Distribution land compensation to AHs 10 May ~ June Township and VCs and/or allocation of land villages 2017 (if possible) 5.2 Village-level 10 Dec 2016 ~ VCs development plan villages Feb 2017 5.3 Income restoration April Township, VCs and labor through business and 269 HHs 2017~April bureau employment 2018 5.4 Implementation of AP Apr 2017 ~ 269 HHs Labor bureau training plan Apr 2018 5.5 Vulnerable groups identification and 37 Since April PMO and civil affairs assistance measures persons 2017 implementation 5.6 Hiring APs for employment under July PMO, labor bureau and project during 55 APs 2017~July Contractors construction and for 2018 operations 5.7 Hiring APs for road 20 APs Yuanzhou Transport Bureau July 2018 maintenance 6 Implementation of House Relocation 6.1 Train relevant personnel 15 Jan ~ Dec in Yuanzhou District ADB and Ningxia PMO ongoing persons 2016 PMO 6.2 Train relevant Dec 50 personnel in county, Yuanzhou PMO and RO 2016~Apr, persons town, and village 2017 6.3 Payment of house February~ compensation and 6 HHs March 2017 allowances 6.4 Allocation of housing February 1 HH VCs plots 2017
60 No. Resettlement Task Target Responsible unit Time Remark 6.5 Provision of services to March ~ 1 HH Contractors, PMO plots April 2017 6.6 April~ Construction of new 6 HHs APs December houses 2017 6.7 September Move into new houses 1HH APs 2017 7 Monitoring and evaluation 7.1 Build internal monitoring Based on Ningxia PMO and IAs Dec 2016 system RP 7.2 Engage external 1 Monitor Ningxia PMO Dec 2016 monitoring unit 7.3 Sample Baseline survey External monitoring unit Feb 2017 of AHs 7.4 Internal monitoring Quarterly PMO and implementation Start Jan
report report agency 2017 7.5 Semi- July 2017 1st report External monitoring annual External monitoring unit report Jan 2018 2nd report report 7.6 External monitoring Annual Jan 2019 3rd report External monitoring unit report report Jan 2020 4th report 7.7 1 combine Resettlement Ningxia PMO and 7 county d report March 2020 completion report PMOs for the Project 8 Consultation and Participation Yuanzhou PMO Ongoing records 9 Grievance records Yuanzhou PMO Ongoing 10 Process of land compensation and resettlement capital flows 10.1 PMO already CNY 7.265 Yuanzhou District -To Yuanzhou PMO Jan 2017 has initial million Government startup funds 10.2 CNY 4.285 Feb ~Mar - To village Yuanzhou PMO and RO million 2017 10.3 CNY Yuanzhou PMO, RO and 7 Start from - To household 3.2~3.7 village committees April 2017 million 11 Start civil works 11.1 Yuanzhou District project Yuanzhou District PMO July 2017
8 Monitoring, Evaluation and Report
36. In order to ensure the successful implementation of the RP, two types of supervision modes will be applied at the same time and it will be supervised by two organizations from different channels: First, internal supervision system comprised of government departments (autonomous region, PMOs at county level with resettlement focal persons with support from Project Management System consultant) conduct supervision according to RP provisions from the perspective of public administration. Second, external supervision system comprised of sociology experts conduct evaluation and supervision through social survey.
61 37. According to ADB’s policies, the Ningxia PMO shall employ a qualified, independent and experienced resettlement institute/firm as the external RP M&E agency.
38. The external M&E agency shall conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It will also conduct follow-up monitoring of the APs production levels and living standard, and submit M&E reports to the Ningxia PMO and Yuanzhou PMO for their review, follow-up and disclosure to APs. Ningxia PMO shall submit the external M&E report to ADB semiannually for their review, comment and disclosure on website.
39. The external M&E agency will submit a monitoring or evaluation report to the ADB and Ningxia PMO semiannually.
Table 10 Schedule of Monitoring and Evaluation No Report Date Socioeconomic baseline survey 1 March 2017 report 2 First monitoring report July 2017 3 Second monitoring report Jan 2018 4 First evaluation report Jan 2019 5 Second evaluation report Jan 2020
62 Annex B Key Excerpts of Local Regulations A Key articles of Land Administration Law of PRC, SC [2004] No.28 and MLR [2004] No.238
40. Land Administration Law of PRC (2004) and the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) promulgated in October 2004 defines the principles and rates of compensation for land acquisition and resettlement, land acquisition procedures, and monitoring system, and the Guideroads on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238) play a similar role. These legal documents have become the legal basis for resettlement of the Project. The key provisions of the above policies are as follows:
Table A2.1: Abstract of the Land Administration Law and Relevant Policies Item Key points Index Land ownership The People's Republic of China resorts to a socialist public Article 2 of the ownership i.e. an ownership by the whole people and ownerships Land by collectives, of land. Administration Law The State introduces the system of compensated use of land of the PRC owned by the State except the land has been allocated for use by the State according to law. Application for Any unit or individual that need land for construction purposes Articles 43 and 44 construction land should apply for the use of land owned by the State according to of the Land law; Whereas occupation of land for construction purposes Administration Law involves the conversion of agricultural land into land for of the PRC construction purposes, the examination and approval procedures in this regard shall be required. All applications for land use for construction shall be accepted by Article 17 of the the administrative department in charge of land of the county Land government in a unified manner, and submitted to higher Administration authorities level by level after examination by the county Regulations of government. If the acquisition or use of land for construction Shaanxi Province involves farmland conversion, the administrative department in charge of land of the county government shall file an application, which shall be submitted to higher authorities level by level after examination by the county government. In case of acquisition or use of woodland, or acquisition or use of land in the urban planning area, the land user shall obtain the approval of the forestry and construction departments at or above the county level, and go through the construction land approval formalities as stipulated herein. The approved construction land must be used for the approved purpose and its use shall not be altered without authorization. If the change of use is necessary, Article 56 of the Land Administration Law of the PRC shall apply. Land acquisition The acquisition of basic farmland exceeding 35 hectares outside Article 45 of the authority the basic farmland, and other land exceeding 70 hectares shall be Land approved by the State Council. Acquisition of land other than Administration Law prescribed in the preceding paragraph shall be approved by the of the PRC governments of provinces, autonomous regions and municipalities and submitted to the State Council for the record The acquisition of not more than 35 hectares of cultivated land Article 20 of the other than basic farmland, and not more than 70 hectares of other Land land than cultivated land shall be approved by the provincial Administration government. Regulations of
63 Item Key points Index Shaanxi Province Land For the acquisition of land by the State the local governments at acquisition and above the county level shall make an announcement and announcement organize the implementation after the approval according to the system legal procedures. After the plan for land compensation and resettlement fees is finalized, related local governments shall make an announcement and hear the opinions of the rural collective economic organizations and peasants whose land has been acquired. Rural collective economic organizations shall make public to its Articles 46, 48 and members the 49 of the Land receipts and expenditures of the land compensation fees for land Administration Law acquired and accept their supervision. of the PRC Compensation In acquiring land, compensation should be made according to the Article 47 of the rates for land original purposes of the land acquired. Land acquisition Compensation fees for land acquired include land compensation Administration Law fees, of the PRC 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 acquisition 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 Article 23 of the preceding the acquisition of the cultivated land. However, the Land maximum resettlement fee per hectare of land acquired shall not Administration exceed 15 times of the average annual output value of the three Regulations of years prior to the acquisition. Shaanxi Province
(1) Acquired vegetable land or irrigated land shall be compensated for at 8-10 times the average annual output value (AAOV) of the three years prior to acquisition of such land, acquired irrigable land, garden land or lotus root pond at 7-9 times, acquired rain-fed farmland or non-irrigated land at 6-8 times, crop rotation land at 6 times, and pasture land or fishpond at 3-5 times; (2) Acquired newly reclaimed farmland that has been cultivated for less than 3 years shall be compensated for at twice the AAOV, and the investment in development shall be compensated for; (3) Acquired housing land, threshing ground or sunning ground shall be compensated for based on the original land type; (4) The compensation rate for allocated state-owned farm, forest farm, pasture or fishing ground shall be based on subparagraphs (1), (2) and (3) of this paragraph. The compensation rate for acquired or allocated woodland shall be as stipulated by the state. Temporary Users who use the land temporarily should use the land according Article 57 of the land use to the purposes agreed upon in the contract for the temporary use Land of land and should not build permanent structures. The term for Administration Law the temporary use of land shall not usually exceed two years. of the PRC If state-owned or collectively owned land is to be used temporarily Article 31 of the
64 Item Key points Index for project construction, geologic investigation or any other Land purpose, an application shall be filed along with the application for Administration construction land and approved by the administrative department Regulations of in charge of land; in case of separate application for temporary Shaanxi Province land use, it shall be approved by the administrative department in charge of land of the county government in case of non-cultivated land, by the administrative department in charge of land of the prefecture or municipal government in case of cultivated land, or the administrative department in charge of land of the provincial government in case of basic farmland. Temporary land use in the urban planning area shall be first approved by the municipal administrative department in charge of construction before submission for approval. The user of temporarily used land shall use the land for the approved purpose and shall not construct any permanent building thereon. The period of temporary land use shall not exceed 2 years in general.
Table A2.2: Key Provisions of SC [2004] No.28 and MLR [2004] No.238, and their Application SC [2004] No.28—Improvement of Compensation and Resettlement Systems MLR [2004] for Land Acquisition No.238 Article 12 County-level and above local governments shall take practical Fixation of Improvement of measures so that the standard of living of LEFs is not reduced by uniform AAOV measures land rates compensation acquisition. Determination of land acquisition Land compensation, resettlement subsidy and compensation for uniform AAOV for for ground attachments and crops shall be paid in full and timely multiples Fixation pursuant to law. If the land compensation and resettlement of integrated land subsidy pursuant to the prevailing laws and regulations are prices for land insufficient to maintain the former standard of living of the LEFs acquisition areas or to pay the social security expenses of farmers who lose all Distribution of land due to land acquisition, governments of provinces, land autonomous regions and municipalities directly under the central compensation government shall approve an increased resettlement subsidy. If the sum of the land compensation and the resettlement subsidy attains the statutory upper limit and is still insufficient to maintain the former standard of living of the LEFs, local governments may pay a subsidy from the income from compensated use of state land. Governments of provinces, autonomous regions and municipalities directly under the central government shall fix and publish the uniform AAOV rates or integrated land prices for land acquisition of all cities and counties, so that the same price applies to the same kind of land. For key construction projects of the state, land acquisition expenses must be listed in the budgetary estimate in full. Article 13 County-level and above local governments shall take specific Resettlement for Proper measures to guarantee long-term livelihoods of LEFs. agricultural resettlement For projects with a stable income, farmers may become a production LEFs shareholder using the right to use of land used for construction Resettlement by approved pursuant to law. reemployment Within the urban planning area, local governments shall bring Resettlement farmers who lose all land due to land acquisition into the urban by dividend employment system, and establish a social security system; out distribution Non- of the urban planning area, in acquiring land collectively owned local
65 SC [2004] No.28—Improvement of Compensation and Resettlement Systems MLR [2004] for Land Acquisition No.238 by farmers, local governments shall reserve necessary arable resettlement land or arrange appropriate jobs for LEFs within the same administrative area; farmers without land who do not have the basic living and production conditions shall be subject to non- local resettlement. The labor and social security authorities shall propose guideroads for the employment training and social security systems for LEFs as soon as possible. Article 14 During land acquisition, the ownership of collective land of Disclosure of Improvement of farmers and the right to contracted management of farmers’ land information on land acquisition shall be maintained. land acquisition procedures Before acquisition is submitted for approval pursuant to law, the Confirmation of use, location, compensation rate and mode of resettlement of the land acquisition land to be acquired shall be notified to LEFs; the survey results of survey results the present situation of the land to be acquired shall be confirmed Organization of by rural collective economic organizations and farmers to be land acquisition affected by land acquisition; if necessary, the land and resources hearing authorities shall organize a hearing in accordance with the applicable provisions. The materials for notification to and confirmation by the LEFs shall be taken as requisite materials for approval for land acquisition. Accelerate the establishment and improvement of the coordination and judgment mechanism for disputes over compensation and resettlement for land acquisition to protect the lawful rights and interests of LEFs and land users. Approved matters of land acquisition shall be disclosed unless in special cases. Article 15 If the compensation and resettlement for land acquisition has not Disclosure of Strengthening been implemented, the acquired land shall not be used forcibly. approval items of Supervision Governments of provinces, autonomous regions and land over the municipalities directly under the central government shall acquisition implementation formulate the procedures for the distribution of the land Payment of of land compensation within rural collective economic organizations on compensation and acquisition the principle that the land compensation is used for rural resettlement households affected by land acquisition mainly. expenses for Rural collective economic organizations affected by land land acquisition acquisition shall disclose the receipt, disbursement and allocation Post-approval of land compensation fees to their members and accept supervision and supervision. The agricultural and civil affairs authorities shall inspection of land strengthen the supervision over the allocation and use of land acquisition compensation fees within rural collective economic organizations.
B Notice on Publishing the Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region， Ning Zheng Fa [2015] No.101
41. The various departments and organizations directly under the people’s government of the various cities, counties (districts) and autonomous regions:
42. To promote the scientific and sustained use of land resources, it was decided to publish Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region (hereinafter referred to as the new compensation standard for land acquisition) in accordance with The Law
66 of Land Administration of the People’s Republic of China and Land Administration Regulations of Ningxia Hui Autonomous Region as well as other laws and regulations and through the deliberation of the executive meeting of the People’s Government of Ningxia Hui Autonomous Region, to be implemented from January 1, 2016. The relevant matters are notified as follows: The new compensation standard for land acquisition is farmland-based. The compensation for the garden acquired shall be equal to that for farmland in the same area, that for forest land acquired shall be equal to 70% of that for farmland in the same area, that for new irrigable land (within three years) acquired shall be equal to 60% of that for farmland in the same area, that for artificial grassland acquired shall be equal to that for dry farmland in the same area, that for natural grassland and shrubland shall be equal to 60% of that for dry farmland in the same area, that for unused land acquired shall be equal to 20% of that for dry farmland in the same area, and that for homestead and threshing ground acquired shall be equal to that for farmland in the same area. For use of state-owned agricultural (forestry, animal husbandry) land, refer to the compensation standard for acquisition of the neighboring collective lands.
Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region (Yuanzhou) No. City, county (district) Number Area (city) Range of area (city) Compensation of area No. standard for land (city) acquisition CNY/ CNY/ mu ha. 5 Guyuan Yuanzhou 3 I Irrigable Urban planning area (within 23,900 328,500 City District land the urban planning area of Dry Zhonghe Town, Kaicheng 18,000 270,000 farmland Town, Pengbu Town) II Irrigable Demarcated by by 20,900 313,500 land Yuanzhou District boundary in the north; western mountain foot in the west; northern boundary of urban planning area in the south; and Sanying Town is demarcated by the eastern mountain foot in the east, and other areas are demarcated by Baoji- Dry 12,200 183,000 Zhongwei Railway. farmland
III Dry All villages in Tanshan 6,400 96,000 farmland Town, Zhaike Town, Hechuan Town, and Zhangyi Town, the area of Sanying Town, Touying Town, Huangduobao Town, Pengbu Town, Zhonghe Town, Guanting Town, and Kaicheng Town except Areas I and II
C Land Management Regulations of Ningxia Hui Autonomous Region
67 43. Land Management Regulations of Ningxia Hui Autonomous Region (Passed on the 16th Session of the Standing Committee of the 8th Ningxia Hui Autonomous Region People’s Congress)
44. Chapter V Construction Land Management
45. Article 46: The user should pay fees based on the following items and standards: (i) Land compensation fee: The compensation for the land acquired should be six to ten times as much as the average annual output value of the land in the first three years; that for forest land, artificial pasture and extensive fish pond should be six to eight times as much as the average annual output value of local farmland in the first three years; that for natural grassland, vacant land, abandoned land, and lake should be two to three times as much as the average annual output value of the local farmland in the first three years; that for unutilized land should be one to two times as much as the average annual output value of the local farmland in the first three years; that for residential land and threshing ground should be based on the standard for nearby farmland. Key construction projects of the state and Ningxia Autonomous Region should make minimum compensation based on the above standards. (ii) Young crop compensation fee: The compensation for common crops (including artificial grass and after-culture grass) should be in accordance with the average annual output value of local farmland in the first three years; that for perennial crops should be two or three times as much as the average annual output value of local farmland in the first three years; no compensation will be made for the farmland without crops. (iii) Compensation for ground attachments: The specific standard is established by land administration department and price control authority as well as other relevant departments of Ningxia Hui Autonomous Region based on the local condition. And the compensation standard for large and medium-sized construction projects is established by the People’s Government of Ningxia Hui Autonomous Region. (iv) In case the land compensation fees paid according to the preceding clause still fail to make the peasants to be resettled maintain their original living level, the resettlement subsidies shall be added through the approval of the People’s Government of Ningxia Hui Autonomous Region. But the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of average annual output within the three years before the acquisition of the farmland. (v) After the competent administrative departments of land posted notices on land acquisition to the units with land to be acquired, the compensation will not be made for the rush planting of trees and crops, rush-construction of buildings structures and other facilities abandoned on the land of the units or individuals. (vi) After the fees for compensation, resettlement, etc. are paid in according to the clause, the units and individuals with land to be acquired shall not have additional requests or obstruct the construction.
46. Article 47 Land compensation fees, resettlement subsidies and compensation fees for attachments that belong to collective paid by the land acquiring units shall be owned by the units with land acquired, and deposited in a special account in the bank. Then the units with land acquired shall propose resettlement scheme and plan for use of funds.
68 47. Article 48 In case that the personnel to be resettled of the units with land acquired is resettled by rural collective economic organization, the resettlement subsidy shall be managed and used by rural collective economic organization; in case the personnel are resettled by other units, the resettlement subsidies shall be paid to the resettlement unit; in case unified resettlement is not required, the resettlement subsidy shall be issued to resettlement personnel or to be used for the insurance fees of the personnel to be resettled after their consent. In case the resettlement subsidies are issued to resettlement personnel, the personnel shall apply for it, and then it shall be reviewed by villager committee and approved by town people’s government. After self-employment agreement is signed and notarization is made, the subsidies shall be issued by collective economic organization in one time.
69 Annex C Terms of Reference for External Monitoring and Evaluation Agency A. Purpose resettlement monitoring and evaluation 48. According to ADB’s SPS 2009 on involuntary resettlement, the resettlement work of this Project will be subject to external M&E. The monitoring will ensure that the resettlement processes are being implemented in accordance with the requirements set out in Resettlement Plans (RPs). The external M&E will also undertake an evaluation of changes in peoples’ standard of living as a result of the project and project-related LAR activities.
49. A TOR is drafted and a specialist with 8~10 years of relevant social and resettlement experience will be engaged by CQS method.
50. M&E reports will be submitted to ADB and the PMO of Ningxia Hui Autonomous Region Transport Department regularly twice a year during the land acquisition and resettlement (LAR) implementation period and once a year following LAR completion. Through external M&E, ADB and the EAs can fully understand if the LAR work is implemented on schedule and according to the quality standard, point out existing issues, and propose suggestions for improvement.
B. Scope and Methods of External Monitoring
(i) Baseline Survey 51. The external monitor will undertake a baseline survey of the villages affected by land acquisition and house demolition of the Project, and collect baseline data on the production level and standard of living of the monitored displaced households (standard of living, production, and income levels). The survey methods include follow-up survey of sample households (minimum sample size: 10% of households affected by land acquisition, 20% of households affected by house demolition, 40% households significantly affected, 50% of affected villages; the households will be sampled randomly). A statistical analysis will be made on this basis for evaluation.
(ii) Regular Monitoring and Evaluation 52. During the RP implementation, the external monitor will perform regular follow-up resettlement monitoring of the following activities twice a year through field observation, follow- up survey of the sample households, and random interview with affected persons. The external monitor will monitor: a.) the progress of disbursement of compensation for LAR and house demolition; b.) the progress of selection and preparation of resettlement sites including provisions for civic amenities, construction of new houses, and adequacy of construction; c.) institutional capacity of the resettlement office—adequate trained staffing, office space and equipment, and provisions for ongoing training; d.) financial capacity of the PMO and IAs, particularly the budgetary arrangements and cash flow for resettlement activities; e.) the process of public participation and consultation, ensuring that the public participation and consultation schedule is being followed and outcomes are being incorporated in resettlement implementation process; f.) the functioning of the GRM; g.) the progress of livelihood rehabilitation plans and training, restoration of productive assets, and livelihood systems; h.) rehabilitation of affected shops;
70 i.) that the vulnerable groups are being provided support in accordance to the criteria set out in the RP; j.) the progress of restoration and reconstruction of infrastructure and special k.) facilities; l.) implementation schedule for the RP activities; and m.) the overall RP implementation process and if any significant involuntary resettlement are identified, the agency will prepare a corrective action plan to address such issues. n.) In addition, the external monitor will be responsible for verifying the internal monitoring reports of IAs on implementation and progress of the RPs. These internal monitoring reports are prepared by the IAs and the PMO as part of the quarterly progress report. o.) On the basis of the baseline survey, the external monitoring agency will evaluate the project impacts and will provide a “without” and “with” project comparative analysis. (iii) Monitoring Indicators 53. The following indicators shall be monitored and evaluated in accordance with principles, entitlements, and rehabilitation strategies/plans set out in the RPs: a.) Progress: including preparation, implementation of land acquisition, house demolition, resettlement site construction, housing relocation and rehabilitation of livelihoods and living conditions; b.) Quality: including resettlement implementation, civil construction quality, timeroadss, minimal disturbance/inconvenience and transition time, and degree of APs’ satisfaction; c.) Entitlements: timely allocation of full compensation entitlements and proper and timely use of funds, and adequate and timely availability of funds for resettlement site construction; d.) Economic/income conditions: household economic development before and after resettlement, including assets, production materials, subsistence materials, income, savings and debts, income generation potential, etc.; e.) Living conditions: living environment before and after resettlement, including traffic, education, sanitation, social services, commercial service facilities, etc. in the new resettlement sites; f.) Livelihood/employment: change in livelihood (income sources) and employment, including employment rate, assistance to the different APs, especially for women, and vulnerable APs, and seriously-affected households, such as those at risk of impoverishment due to land loss or housing loss; training and skill enhancement; g.) Community development: local economy in resettlement sites, environmental development, neighborhood relations and safety, and public opinions (by gender and age groups) after resettlement; and h.) Conditions of the vulnerable groups and seriously-affected households: including before and after situations of those people.
(iv) Monitoring and Evaluation Method
54. The external monitor will use both quantitative and qualitative methods to undertake the M&E such as:
71 55. Surveys – questionnaire surveys based on random sampling with a minimum sample size of 10% of households affected by land acquisition, 20% of households affected by house demolition and 50% of the affected villages. These surveys will be done on annual basis to assess the impact on yearly basis. Out of the above indicated survey population, the external monitor will select a suitable sample size and will undertake follow-up surveys by using tracer survey method. It will require following the same respondents on a yearly basis to assess the project impacts.
56. Qualitative interviews and focus group discussions – with project affected persons, village and community representatives, officials in PMO, IAs and other government departments that are involved in the resettlement process; and, Along with written materials, photos, audio and video records, real objects shall also be used.
C Reporting 57. The RP monitoring report will include: 1)Summary of findings and conclusion of investigations and evaluation; 2) Major problems identified (existing and potential); 3) Recommended mitigation or prevention measures which need to be taken; and 4) Assessment of previous follow-up actions.
58. Reports will be submitted to ADB every 6 months during the resettlement implementation. After the preparation of resettlement completion reports, annual evaluations will be conducted for 2 years, or until all issues have been successfully resolved. The final evaluation report should summarize monitoring results and should clearly establish whether resettlement has been successfully completed.
59. All reports will be provided in English and Chinese. It should be ensured that information on the progress and status on all aspects of LAR activities will be provided to the external monitor for verification, including records of grievances.
D Consultant Specifications and Inputs
60. The specialist shall have a degree in a relevant subject (sociology, anthropology, or related subject) with 8~10 years’ experience in M&E of projects funded by ADB or other international development funding agencies. The consultant’s inputs will be spread intermittently over the life of the Project for a total of 6 months.
E Monitoring Budget
61. A total budget for RP is about $ 150,000.
72