Resettlement Planning Document
Resettlement Plan Document Stage: Final Project Number: P42012 December 2009
PRC: Chonqging Urban-Rural Infrastructure Development Demonstration Project
Water Supply Project in Fengjie
Prepared by Fengjie XINQUAN Water Supply Co. Ltd., Fengjie County Project Management Office.
The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Broad of Directors, Management, or staff, and may be preliminary in nature.
Chongqing Urban-Rural Infrastructure Development Demonstration Project
Water Supply Project in Fengjie
Resettlement Plan
Fengjie XINQUAN Water Supply Co. Ltd.
Fengjie County PMO
Chongqing, China
21 December 2009
Table of Content
Page LIST OF ACRONYMS AND MEASURES ...... ii Executive Summary...... iii I. Introduction and Project description ...... 1 1.1 Introduction...... 1 1.2 Project Description ...... 1 1.3 Summary Impact of the project...... 3 1.4 Measures to mitigate impact of the project...... 3 II. Impact of land acquistion and Resettlement...... 4 2.1 Affected Land ...... 4 2.2 Impact Assessment of Land Acquisition...... 4 2.3 Affected Land Attachments ...... 5 III. Socioeconomic situations ...... 6 3.1 Socioeconomic Overview of Fengjie County ...... 6 3.2 Socioeconomic Situation of the Affected Townships...... 6 3.3 Resettlement Socioeconomic Survey...... 7 3.4 Socioeconomic Situations of the Affected People ...... 7 IV. Participation, Consultation and Grievance redress...... 11 4.1 Public Participation ...... 11 4.2 Public Consultation Completed ...... 11 4.3 Consultation and Participation Plan Next Stage...... 12 4.4 Complaints and Grievances ...... 13 V. Legal Framework and Resettlement Policy...... 15 5.1 Resettlement Principles...... 15 5.2 Compensation Policies for the Project...... 15 5.3 Compensation Standards ...... 16 5.4 Compensation Eligibility and Entitlement Matrix...... 18 VI. Income Rehabilitation Plan ...... 20 6.1 Objectives and Principles of Land Compensation and Resettlement...... 20 6.2 Income Loss Assessment...... 20 6.3 Income Rehabilitation Planning ...... 20 6.4 Temporary Land Use and Restoration of Land Attachments...... 23 VII. Resettlement Budget and Financial Plan...... 24 7.1 Resettlement Budget ...... 24 7.2 Source of Fund for Land Acquisition and Resettlement ...... 24 7.3 Fund Flow...... 24 VIII. Organizational Arrangement...... 26 8.1 Executing Organization ...... 26 8.2 Resettlement Institution ...... 26 8.3 Staffing ...... 26 8.4 Responsibilities...... 27 8.5 Capacity Building...... 27 IX. Implementation Schedule ...... 29 X. Monitoring and Evaluation...... 31 10.1 Internal Monitoring...... 31 10.2 External Monitoring and Evaluation...... 31 Appendix 1. Resettlement Information Booklet ...... 33
i LIST OF ACRONYMS AND MEASURES
AAOV Average Annual Output Value ADB Asian Development Bank AP Affected Person CMG Chongqing Municipal Government CRC Community Residents Committee DIA Diameter DI Design Institute DMS Detailed Measurement Survey EA Executing Agency EIA Environmental Impact Assessment FB Finance Bureau FFM Fact Finding Mission FCG Fengjie County Government FSR Feasibility Study Report GDP Gross Domestic Product Ha Hectare IA Implementing Agency LRB Land and Resource Bureau M&E Monitoring and Evaluation MRM Management Review Meeting PMO Project Management Office PPTA Project Preparatory Technical Assistance PRC Peoples Republic of China RIB Resettlement Information Booklet RO Resettlement Office ROW Right of Way RP Resettlement Plan FJG Fengjie County Government ToR Terms of Reference US$ United States Dollar Mm Millimetres % Percentage Less than or equal to Greater than or equal to # Number mu Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu) CNY Chinese currency Yuan, 1 Yuan = 1/6.83 $US ( $US1=CNY 6.83)
ii Executive Summary
A. Background This project is to be constructed with loans provided by the Asia Development Bank (ADB). The construction of this component requires some land acquisition, but no population resettlement. Based on the extent of impacts, a short resettlement plan has been prepared for this water supply component. The resettlement planning and implementation is designed to ensure that the affected persons (APs) will be better-off or at least not worse-off as a result of the Project.
B. Resettlement Impacts The component will acquire about 14 mu of collectively owned land, of which 9 mu is classified as farmland. The project will affect 3 groups from 2 villages in 2 townships, including the 6th group of Qili Village in CaoTang Township, the 4th and 14th groups in Xiaguang Village of Hongtu Township (collectively owned land). Total 72 persons in 19 households will be affected by permanent land acquisition. In addition, the component will also need 27 mu of temporary land occupation. However, there will be no people affected by house demolition.
C. Policy and Legal Framework Compensation for permanent land loss is based on the Land Administration Law of PRC (2004) and the State Council Decision to Deepen Reform and Strictly Enforce Land Administration (Document 28 dated November 2004) and Regulation on Land Administration in Chongqing, the circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land acquisition Compensation and Resettlement (YFF [2008] 45). The prepared resettlement plan complies with PRC laws and regulation of resettlement and ADB’s Policy on Involuntary Resettlement (1995). The resettlement principles established for the Project are: (i) land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing a series of design alternatives; (ii) compensation and entitlements provided are based at replacement costs and must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement; (iii) the land temporarily occupied and the period of disruption are to be kept to a minimum; (iv) all APs, legal and illegal, are to be taken into consideration and accounted for; (v) the per capita landholding after land acquisition will be sufficient to maintain the previous livelihood standards; (vi) where land allocation per capita is not sufficient to maintain the previous livelihood standards, other income-generating activities will be provided for; (vii) a preferential policy will be provided to vulnerable groups in such things as compensation, payment of special fund, minimum living guarantee, and employment; (viii) all APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing; and (ix) close monitoring and timely actions will be carried out to identify and resolve any problems.
D. Compensation Standard, Income, and Livelihood Restoration Scheme
The land acquisition and resettlement compensation standards will follow the Regulation on Land Administration in Chongqing, the circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land Acquisition, Compensation and Resettlement (YFF [2008] 45) and ADB's Policy on Involuntary Resettlement. For the rural farmers suffering land loss but not getting urbanized – two options will be offered: (i) land for land of equivalent quantity and quality or (ii) cash compensation at replacement costs for lost assets. In this case, majority of the households chose cash compensation.The farmers will be compensated at the rate of CNY 39,000 per mu for farmland and CNY 19,500 per mu for non farmland. Cash compensation will be paid for crops and ground attachments Based on PRC regulation about 7 APs will get an opportunity to become urban residents; the regulation
iii prescribes a formula for calculation of the number of APs who can be urbanized. For APs choosing to be urban residents, 80% of the land compensation fee will be used to arrange the basic endowment insurance paid directly to Labor Insurance Department. For persons of 16 or older to be urbanized shall pay for the 50% of the total premium of the basic endowment insurance (another 50% will be subsidized by the government). People with different ages should pay different amount of money for their insurance. The APs who chose to get urbanized will get an additional compensation of CNY 10,400 to cover their basic social insurance. Compensation for standing crops, auxiliaries, and other assets will also be paid directly to the APs. The measures for economic rehabilitation include: (i) provision of employment opportunities during the project construction and operational phases, (ii) development of cash/economic crops with higher economic value, (iii) promotion and development of new enterprises and self-employed secondary and tertiary businesses, and (vi) provision of technical training to the APs to increase their skills. For temporary land acquisition compensation will be paid to the APs at the rate ranging from CNY 900 to CNY 1500 per mu based on the type of land.
E. Information Disclosure, Participation, and Grievances
All of the affected households and villages, village leaders and town/township and district/county governments have been involved in the project impact and social-economic survey. On various occasions during meetings, interviews, focus group discussions, public consultation workshops, and community consultation meetings, local representatives have participated in the planning and concerns have been integrated into the RPs. Before implementation, Chongqing Project Management Office (CQPMO), District/County governments, Implementing agencies and village leaders will have further discussions and consultation with the APs’ representatives. The impacts on every village and the detailed compensation plan will be discussed in detail to ensure APs’ interests are protected and to provide employment opportunities for the APs’ livelihoods as a result of the project implementation. CQPMO and district/county governments will disclose the resettlement plans in District/county/village offices and to affected people in the local language. The RPs will also be posted on the ADB website. Resettlement information booklets will also be distributed to affected households by March 2010. This guide shall contain information such as the affected project area, proposed land acquisition and relocation implementation progress and procedure, compensation standards for land acquisition, relocation assistance and livelihood restoration strategy. The respective subproject IAs will establish project resettlement units for supervision of implementation, continued public consultation, monitoring of progress, and response to grievances. The grievance address procedures will be established and explanations will be included in the resettlement information booklets. The four stages of grievance redress mechanism at the level of village collective, township governments, District Land Resources Bureau and People's court will be established by the IA.
F. Implementation Arrangement and Schedule Fengjie County PMO and IA will have at least two full-time staff responsible for land acquisition and resettlement respectively. The staff from each subproject resettlement unit will take the leading responsibility for coordinating the planning, implementation, financing, and monitoring of land acquisition and resettlement. They will work closely with relevant village officials, land administration bureaus, and will be responsible for supervision and monitoring of resettlement (e.g. delivery of entitlements, restoration of incomes, provision of replacement land, and other economic measures). A training program will be organized for the resettlement officers. Resettlement plans will be updated based on final design and detailed measurement survey and sent to ADB for review and approval prior to award of civil works contract. All compensation and resettlement assistances will be paid to affected households prior to
iv commencement of construction activities. The land acquisition will commence from September 2010.
G. Resettlement Cost and Fund Management The cost estimate for land acquisition and resettlement for the Fengjie water supply component is equivalent to CNY93.12 million at 2009 prices, including contingencies. Resettlement implementation will be scheduled to precede the subproject construction schedules. Resettlement implementation will be completed prior to subproject construction. The implementing agencies and the district/county governments will ensure that such funds are made available on a timely manner.
H. Monitoring and Evaluation Internal and external monitoring of RP implementation will be conducted. Monitoring methodologies are specified in the RP. The IA will carry out internal supervision and monitoring to ensure compliance with the provisions of the RP. The PMO and IA have agreed to a set of supervision milestones with ADB, to ensure timely and effective implementation of resettlement activities. An independent agency under contract to the PMO or IA will carry out external monitoring and evaluation. Semiannual external monitoring reports will be forwarded directly to both the PMO and ADB.
v I. Introduction and Project description
1.1 Introduction 1. This resettlement plan (RP) has been prepared according to the ADB’s Policy on Involuntary Resettlement (1995), other rules on social security, relevant laws and regulations of the PRC and policies concerning land acquisition and resettlement issued by Chongqing Municipal Government (CMG) and Fengjie County Government (FCG). All these provide a framework for mitigating negative impacts by using measures to recover the income of the affected persons (APs). 2. For ADB and the PRC Government, the fundamental objective of the RP is to ensure people whose land or property is unavoidably lost due to the Project, receive adequate assistance so that they would be at least as well-off as they would have been in the absence of the Project. Fengjie Communications Bureau, the implementation agency (IA), is responsible for Project implementation. Chongqing and Fengjie PMO will have an overseeing role. 3. The RP is prepared based on: (i) review and discussion with authors of the relevant project reports, especially the feasibility study report (FSR) for the Project; (ii) a field survey on the project design area; (iii) consultations with the affected households, municipal and district government officials, leaders and representatives of residents in the affected villages and communities; and (iv) the social economic survey for the APs conducted in May 2009. 4. Engineering data for the RP are taken from the FSR and considered reliable. Data regarding resettlement impact and cost will be reviewed and revised and the RP will be updated, based on detailed measurement survey (DMS) for further assessment on the impact before the land acquisition takes place. Any findings through the DMS will be reflected in the updated RP and a final budget will be presented. The updated RP will be submitted to ADB for approval and then be disseminated to the APs. The current RP will be disseminated to APs and uploaded on the ADB website before loan appraisal. Finally, the RP will be endorsed by Fengjie County Government (FCG) before Management Review Meeting (MRM).
1.2 Project Description 5. Projects recommended the town water supply project in the Zhuping Village to take water from the Jiuyanlong, Shima River. There are nine springs flowing directly into the Shima River. Springs are between 360-370m elevation, and the Caotang town is about 180-300 m elevation meeting the artesian water requirements. Hongtu town takes water from Xiaoba River,Shimen village. The inlet channel is getting water from 715 m elevation, the elevation of the Hongtu town is about 630m, meeting the requirements of artesian water. The specific program is divided into two parts: one is water drawing and water treatment plant building; another part of is the transmission and distribution pipeline network installing. The construction of water purification facilities includes reactor, sedimentation tanks, filtration pond, clean water tank and so on, two rural transmission and distribution pipeline network are totally in length of 8.2km. 6. The Water Supply Project,in Caotang Town, Fengjie County, takes water from Jiuyanlong, Shima River in Zhuping community. The springs are between 360-370 m elevation, and the water project construction is at the hill of about 320m high which next to the Qiliyan, Yuyi high way, with a design of 5000 m3/day; the Hongtu project in Hongtu town takes water from Xiaoba River,Shimen village. The inlet channel is 715m high, and the purification works is built at the hill of about 620m high which next to the Hongtu town planning area and the design is 800m3/day. 7. Water pipeline begins from the high position pool at the water resource and are made of PE. Water distribution pipeline network is based on the characteristics of distribution of pipelines and the residents, building water distribution pipeline networks at the water treatment plant to supply water to the Caotang town industrial park and the Hongtu town industrial park respectively. Transmission and distribution pipeline network are in length of 8.2km. According
1 to the site reconnaissance and research, the water lines lay along the barren, no phenomenon of crossing building structures and crossing obstacles, water distribution pipelines is paved according to the roads existing and planning, without involving the destruction of roads and any other structures. 8. According to the content of the project construction, the possible influences by the land requisition relocation are including: the permanent requisition of the part of the arable land and barren hills which is used to build the water plants, pump stations, as well as the pool and the temporary occupation of a small amount of land which is in need in the process of laying the transmission and distribution of pipeline. The specific content of the project and the potential impact refer to the Table 1-1 and its location refers to the Figure 1-1.
Table 1-1. The main technical indicators and the potential impact Technical indicators Impact Serial Project Caotang Number Caotang town Hongtu town Hongtu town town Expropriate Take water directly Expropriate land Drawing Take water from land 0.3mu 1 from spring, Shima 0.2mu from 4th group water project Xiaoba River from Qili 6th River ,Xiaguang village group Build at 320m high Expropriate land 3 Build at 620m high, the Expropriate th A water ,the design:5000 m / 3 2.8mu from 4 group design:800 m / d land 7.7mu th 2 treatment d th and 3mu from 14 from Qili 6 plant group in Xiaguang 47mx75.19m=3534m2 47mx74.97m=3524m2 group village Transmission temporary and land temporary land 3 Distribution 5.1km 3.1km acquisition acquisition 12mu pipeline 15mu network Land acquisition and resettlement˖14 mu of collectively owned land and 27 mu temporary land occupation, no houses will be demolished. Data Source˖Feasibility Study Report and field survey (2009.Jun).
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Fig 1-1. Location map of Fengjie water supply project
2 1.3 Summary Impact of the project 9. The component will permanently require land 14mu, totally have impact on 2 townships, 3 groups from 2 villages:6th group in Caotang town Qili village,4th and 14th group in Hongtu Xiaguang village(collectively owned land). The project involves 19 households with 72 persons. The temporary land occupation is 27mu, and no houses will be demolished.
1.4 Measures to mitigate impact of the project 10. To mitigate the impact of the project on the local social economy, the design institute and project IA have taken some measures described as follows:
Different design alternatives of the project are made to enable comparison and optimization so as to minimize permanent land acquisition and temporary land occupation, which is taken as a key factor in optimizing the design;
When land acquisition is unavoidable, remedial measures should be taken to minimize the negative effects of the project on the livelihood of the affected persons. 11. The executive agency of the related project- Fengjie County Development and Reform Commission, Xinquan Water Limited liability Company and the design companies based on the principles of involuntary resettlement requirements of ADB, carried out a careful analysis of the project work and choosing the transmission and distribution pipeline network routing. After comparison, the recommended program and the alternative program of the water supply project in Caotang town and the Hongtu town are more or less with different location and the cost difference of no more than 1 million yuan. However the recommended program of Caotang town does not involve any demolition. The recommended program of Hongtu town avoids the construction of pumping stations see (Table 1.2, 1.3).
Table 1-2. The alternative program of the Caotang town project Item Option A(recommended) Option B(Alternative) Location Hill next to the Qiliyan, 320m Hill next to the Ganziyuan,315 m high high Water The total length of the line is The total length of the line is 7.15 km, 1.95 km longer transmission 5.1km than option A line Land Sparsely populated, mostly 2 households relocation required, land acquisition is 1mu acquisition barren hills, less occupation more than option A, but 5 mu temporary land occupation and of farmlands less. resettlement Result Option A
Table 1-3. The Alternative program of the Hongtu town project Item Option A(recommended) Option B(Alternative) Location Hill next to the planning The lowland to the west of the planning area, 531 m area,620 m high elevation and 70 m lower than the residential area in the water transmission line that need the raising of the water level of the water plant. Water The total length of the line is The total length of the line is 2.5k m, 0.6 km shorter than transmission 3.1 km option A line Land Sparsely populated, mostly Land acquisition is 3.5mu more than option A, but 3 mu acquisition barren hills, less occupation temporary land occupation less. and of farmlands resettlement Result Option A
3 II. Impact of land acquistion and Resettlement
2.1 Affected Land 12. In Jun 2009, the consultant team of the resettlement plan conducted a survey to identify the project impact under coordination of the project IA, which shows that 41mu of land will be affected by the project including 14mu of rural collectively owned land to be permanently acquired and 27mu land to be temporarily occupied. The former will mainly take place at pumping station and water plant etc. The temporary land occupation is mainly because of the laying of the water transmission line.
2.1.1 Permanent land acquisition 13. The permanent land acquisition of collectively owned land is 14mu, including 8mu (5mu farmland and 3mu woodland) of Caotang town and 6mu(4mu farmland and 2mu woodland) of Hongtu town. (See Table 2-1).
Table 2-1. Permanent Land Acquisition Number of Number of Total Town/ No. of Villager’s Affected Affected Village (mu) Township Group affected Households Persons (hu) (person) farmland Non-farmland Caotang Qili 6th group 10 41 5 3 4th group 5 18 2 1 Hongtu Xiaguang 14th group 4 13 2 1 Total 19 72 9 5
2.1.2 Temporary land occupation 14. The construction of the two subprojects will temporary occupy certain area of land for the laying of water pipes. There is no detailed design yet, and the exact location and area of land to be temporarily occupied is yet to be determined. However, a best estimation according to the experiences in past construction has been made by the Project design institue and IA based on the technical standards and proposed corridor for the laying of water pipes. During the water pipe laying stage, it needs temporary land occupation of 27 mu, of which, there are 4mu cultivated land and 3mu forestland, and 20 mu state-owned roadside land (belonging to the right of way of the road bureau, classified as state-owned land, will not be compensated by the component). The water transmission pipelines are steel pipes in this project, will be laid along the road in the open-air. Most of them are state-owned land for road construction, and will only involve small amounts of land around a width 0.5 meters along the sides of the roads. According to the policy the landowners will be paid enough compensation for temporary land occupation and trees, and the land will be reinstated to the original function by project implementation unit, so the impact would be very limited.
2.2 Impact Assessment of Land Acquisition 15. Based on the field survey, 19 households are affected by the permanent land acquisition which mostly lost their farmland. The land loss rate of 1 household is under 5%, and between 5%-10% for 5 households, and for 3 households its 10%. Due to most of the woodlands are sparse land and barren hills which have little economic output, the acquisition of the woodland would have no impact on the livelihood and production of the farmers. (See Table 2-2).
4 Table 2-2. Land lost detailed list of the farmers
Woodland Land Village The name of Family Land acquisition˄mu˅ Item acquisition loss group householder farmland subtotal Dryland gardenland ˄mu˅ rate Jiang shenjie 6 0.6 0.2 0.4 0.3 10.00% Sun xingdong 8 0.4 0.4 0 0.2 5.00% Sun li’an 6 0.55 0.35 0.2 0.4 9.17% Wang debao 8 0.45 0.45 0 0.25 5.63% 6th group Water Wang shixing 6 0.4 0.4 0 0.35 6.67% supply Qili project, village Wang shihua 7 0.6 0.6 0 0.25 8.57% Caotang Sun xinglong 7 0.5 0.5 0 0.35 7.14% town Wang guohua 8 0.6 0.6 0 0.3 7.50% Wang shijun 8 0.4 0.4 0 0.3 5.00% Jiang 5 0.5 0.5 0 0.3 10.00% shenghua Subtotal 69 5 4.4 0.6 3 7.25% Huang 7 0.5 0.3 0.2 0 7.14% youcheng Huang yougui 7 0.35 0.25 0.1 0.2 5.00% 4th group Huang Xiaguang 8 0.35 0.35 0 0.3 4.38% guohua Water village supply Huang jian 7 0.4 0.4 0 0.2 5.71% Huang project, 5 0.4 0.4 0 0.3 8.00% Hongtu xiaocheng town 14th Yu chuanlin 6 0.5 0.5 0 0.25 8.33% Huang group 6.5 0.45 0.45 0 0.3 6.92% Xiaguang youqing village Yu donggui 8.5 0.55 0.55 0 0.25 6.47% Yu yiqing 4 0.5 0.5 0 0.2 12.50% Subtotal 59 4 3.7 0.3 2 6.78% Date resource˖field survey and questionnaire with affected households (2009.Jun).
16. The cultivated land permanently to be acquired is non-irrigated dryland (because people have water shortage) and non-irrigated garden. The main crops are corn, hongshao, a little peanuts and vegetables, all of them have low output. The yield of corn is 200 kg (400 kg) per mu, Hongshao is 1500-2000 kg per mu, and potato is 500 kg per mu. On two quarters of the year rotation basis of potatoes and corns, if the corn prices 1.6 yuan / kg and the potato prices 0.8 yuan / kg, then the output value per mu of dry land is 320 +400 = 720 yuan. Take off the cost the production, the net income per mu is around 500 yuan (including labor costs). The per mu land need at least 30 man-days per year. If the non-skilled labor (unskilled laborer) work outside the home earning 40 yuan per person per day, the revenue per mu land will be reclaim in half month or 20 days. Thus, local farmers have less enthusiasm in farming.
2.3 Affected Land Attachments 17. According to the field survey, the project will require cutting down 2500 trees, including 1500 in the Caotang town and 1000 in the Hongtu town, without houses and other ground attachments demolition or damage.
5 III. Socioeconomic situations
3.1 Socioeconomic Overview of Fengjie County 18. Fengjie County is located in the northeast of Chongqing and east to the Wushan County It is also south to Enshi City, Hubei Province, and West to the Yunyang County and north to Wuxi County. There is 500km between Fengjie and the main urban area of Chongqing city. Fengjie has 30 towns, 363 administrative villages and 23 neighborhood committees. By the end of 2008, the total population of Fengjie is 1.04 million, of which 540,000 are male, accounting for 51.9% of the total population; 500,000 are female, accounting for 48.1% of the total population. The cultivated land is in total 58,933 hectares and per capita farmland is 0.85 hectares. 19. In 2008 the GDP of Fengjie County is 6.2 billion yuan. The proportion of three industries from 26.9:36.2:36.9 in 2006 adjusted to 25.5:37.0:37.5. The contribution rates of the three industries to the economic growth were 7.9%, 63.4% and 28.7%. Per capita GDP of resident is 6624 yuan. .Per capita net income of rural resident in Fengjie County accounted for 90.3% of the average level of northeast of Chongqing. It also accounted for 77.4% of the average level of Chongqing and 65.6% of the average of China. The per capita GDP in Fengjie County is slightly lower than the average level of northeast of Chongqing, which accounted 45.2% of the average level of Chongqing and 35% of the average level of China.
Table 3-1. Comparison of Economic Indicators (2008)
Average Income of Rural Residents Average GDP Percentage (%) to Percentage (%) to Average Income of Per-capita Chongqing Municipal Chongqing Municipal Rural Residents GDP (CNY) and National levels and National levels China 4140 65.6 18934 35.0 Chongqing 3509 77.4 14660 45.2 Northeast 3008 90.3 6765 97.9 Chongqing Fengjie 2717 100.0 6624 100.0 Source: Chongqing Statistic Yearbook of 2009
3.2 Socioeconomic Situation of the Affected Townships 20. Caotang Town is located in the east of Fengjie County, which has 14 administrative villages. The per capita net income of Caotang town is CNY2299. Hongtu Town is located in the northwest of Fengjie County, which is 70km away from new county and has 11 administrative villages. The per capita net income of Hongtu Town is CNY2106. This project involves Caotang Town and 2 villages from Hongtu Town. ˄See Table3-2˅ Table 3-2. Major Economic Indicators of the Affected Townships (in 2008)
Total The proportion of the three industries Net Income Populatio Area of Grain Revenue of of Rural Township n at Year Farmland Yield Rural Residents Primary Secondary Tertiary End (mu) (ton) Economy (CNY) Industry Industry Industry (Y10,000)
Caotang 38830 37698 19415 8927 2299 50% 14% 36%
Hongtu 28000 28000 12600 5897 2106 45% 21% 34% Note: The net income and ratio statistics are indicative Source: Fengjie County Statistic Yearbook of 2009
6 21. The two project affected villages, Qili Village and Xiaguang Village, are middle-income villages. The main sources of the income are farming, working outside the home, doing business and wage. The per capita net income is about CNY2300 in Qili Village and CNY2385 in Xiaguang Village. Because of the years of impassable roads, the agricultural production can not be converted into the commodities but to personal use in Xiaguang Village. The economic situation of Qili Village is slightly better than Xiaguang Village. 3.3 Resettlement Socioeconomic Survey 22. To further master the socioeconomic baseline of the project area and the affected people, 6 staff from the RP preparation institute conducted the socioeconomic survey in the project area under coordination of the project IA in June 2009. The survey was designed to serve the purpose of (1) collecting social economic information about the affected persons who may lose their land or property due to the project and (2) knowing what the affected people think of land acquisition and livelihood restoration and what they expect in such issues. 23. The impact of the project construction is permanent on 19 households with 72 persons from 2 villages. Due to the small amount of the affected households, the survey and questionnaire covered all of them.
3.4 Socioeconomic Situations of the Affected People
3.4.1 Demographic features of APs 24. The age statistics shows: villagers aged 0-19, accounting for 21.95%, aged 20-60, accounting for 68.29% and aged above 61, accounting for 9.76%. That means most population of this region is at the meridian of life with labor capacity. 25. Population composition: Of the affected persons surveyed in Caotang Town, the middle school students and children take account for 21.95% of the total APs, labor force for 75.61% and the old for 2.44%. In Hongtu Town, the figure is 25.81%, 67.74% and 6.45% respectively. It means labor force is sufficient. 26. Education: Of those two villages surveyed, most of men received middle schooling, which higher than women of primary schooling. 27. APs composition: The number of (farming+working outside+labor) account for 75.61% of total population and the rest 24.39% is (children+aging population+students) in Caotang Village. The situation in Hongxiang Village is 67.74% and 32.26%. 28. Labor: In Caotang Town, there is one 1 teacher and 2 skilled labors(Sun yijun, the driver and wife of Wang shixing, the tailor from 6th group in Qili Village). The survey of family income shows that, the total 19 households are all based on a combination of farming income and wage, which means no APs live on farming or working outside solely. See Table3-3.
7 Table 3-3. Demographic Features of APs Caotang Town Hongtu Town item male female subtotal male female subtotal # % # % # % # % # % # % No. of households 10 9 No. of persons 41 31 Persons per HH. 4.1 3.44 Age 6 2 4.88% 2 4.88% 4 9.76% 0 0.00% 0 0.00% 0 0.00% 7-19 ቕ 3 7.32% 2 4.88% 5 12.20% 5 16.13% 3 9.68% 8 25.81% 20-35 ቕ 8 19.51% 4 9.76% 12 29.27% 3 9.68% 1 3.23% 4 12.90% 36-50 ቕ 6 14.63% 6 14.63% 12 29.27% 6 19.35% 7 22.58% 13 41.94% 51-60 ቕ 1 2.44% 3 7.32% 4 9.76% 2 6.45% 1 3.23% 3 9.68% 61-70 2 4.88% 1 2.44% 3 7.32% 2 6.45% 1 3.23% 3 9.68% 71 1 2.44% 0 0.00% 1 2.44% 0 0.00% 0 0.00% 0 0.00% Total 23 56.10% 18 43.90% 41 100.00% 18 58.06% 13 41.94% 31 100.00% Population Children 2 4.88% 2 4.88% 4 9.76% 0 0.00% 0 0.00% 0 0.00% Students 3 7.32% 2 4.88% 5 12.20% 5 16.13% 3 9.68% 8 25.81% Labors 17 41.46% 14 34.15% 31 75.61% 12 38.71% 9 29.03% 21 67.74% Aging population 1 2.44% 0 0.00% 1 2.44% 1 3.23% 1 3.23% 2 6.45% Subtotal 23 56.10% 18 43.90% 41 100.00% 18 58.06% 13 41.94% 31 100.00% Education Preschool 2 4.88% 2 4.88% 4 9.76% 0 0.00% 0 0.00% 0 0.00% Illiterate 0 0.00% 1 2.44% 1 2.44% 0 0.00% 0 0.00% 0 0.00% Primary school 5 12.20% 10 24.39% 15 36.59% 4 12.90% 6 19.35% 10 32.26% Middle school 13 31.71% 4 9.76% 17 41.46% 9 29.03% 7 22.58% 16 51.61% Senior high 3 7.32% 3 7.32% 6 14.63% 5 16.13% 0 0.00% 5 16.13% University/college 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 0 0.00% Subtotal 23 56.10% 20 48.78% 43 104.88% 18 58.06% 13 41.94% 31 100.00% Occupation children/students/aging 6 14.63% 4 9.76% 10 24.39% 6 19.35% 4 12.90% 10 32.26% population Farming 5 12.20% 9 21.95% 14 34.15% 2 6.45% 6 19.35% 8 25.81% Working 11 26.83% 3 7.32% 14 34.15% 10 32.26% 3 9.68% 13 41.94% outside+agricultural Agricultural +skilled 1 2.44% 2 4.88% 3 7.32% 0 0.00% 0 0.00% 0 0.00% labor subtotal 23 56.10% 18 43.90% 41 100.00% 18 58.06% 13 41.94% 31 100.00%
8 3.4.2 Farmland 29. There are 10 households with 41 persons are affected in Caotang Town, contracting 39mu farmland, 50mu woodland and 1.47 mu homestead. In Hongtu Town, the number of households affected is 9, with 31 persons, contracting 59mu farmland, and 31.2 woodland and 1.3mu homestead. 30. There are 1.68 m per capita farmland and 1.22 mu per capita woodland affected in Caotang Town, which 1.90 m per capita farmland and 1.01 mu per capita woodland affected in Hongtu Town. The contracted land statistics of surveyed households see Table 3-4.
Table 3-4. Contracted land statistics of surveyed households The area of Project Affected Affected Householder’s Popu- Wood groups contracted farmland subtotal homestead name townships village name lation land paddy dryland others total Jiang shengcai 4 2 3 1 6 0.12 5 11.12 Sun xingdong 6 4 4 0 8 0.15 6 14.15 Sun li’an 5 3 2 1 6 0.15 5 11.15 Water Wang debao 5 4 3 1 8 0.12 6 14.12 supply Wang shixing 3 3 3 0 6 0.15 5 11.15 Caotang, Qili project, 6th Wang shihua 3 3 4 0 7 0.18 5 12.18 Town village Caotang Sun xinglong 4 4 2 1 7 0.15 4 11.15 Town Wang guohua 4 3 4 1 8 0.15 4 12.15 Wang shijun 4 3 4 1 8 0.12 5 13.12 Jiang shenghua 3 3 2 0 5 0.18 5 10.18 Subtotal 41 32 31 6 69 1.47 50 120.47 Huang chengyou 3 3 3 1 7 0.16 2 9.16 Huang yougui 4 3 3 1 7 0.15 3 10.15 4th Huang guohua 4 4 3 1 8 0.12 4 12.12 Water Huang jian 4 3 3 1 7 0.15 4 11.15 supply Hongtu, Xiaguang Huang xiaocheng3 2 2 1 5 0.12 3 8.12 project, Town village Hongtu Yu chuanlin 3 3 2 1 6 0.15 4.7 10.85 Huang youqing 4 3 2 1.5 6.5 0.15 3.5 10.15 Town 14th Yu donggui 4 4 3 1.5 8.5 0.15 4 12.65 Yu yiqing 2 2 1 1 4 0.15 3 7.15 Subtotal 31 27 22 10 59 1.3 31.2 91.5 total 72 59 53 16 128 2.77 81.2 211.97
3.4.3 Major economic activities 31. The major crops grown in the project area include rice, corn, potato, sweet potato, oil plant and vegetable and major animals raised include pigs, cattle’s, sheep, poultry and fish. Apart from conventional agriculture, cash cropping is also carried out such as the growing of tobacco, cotton, mulberry and silkworm farming. 32. In the economic structure of the project area, migrant labor plays a major role according to the leaders of the affected villages interviewed. Migrant labor constitutes also an important part of the family income for the local rural residents. In some families, all the members are migrant laborers. Their major occupations cover catering, retailing and private business.
3.4.4 Financial situations 33. Table 3-5 lists the financial situation of the affected families, the per capita income is CNY4825, the main income comes from farming, working, and breeding, etc.
9 Table 3-5. Per capita economic situation of surveyed households Average Total Average (CNY/ (CNY/ Item Amount Percentage household/ year) Person/ (CNY) year) Income Subtotal 57240 3013 795 16% from Of which, sales of 5472 288 76 2% agriculture farm produce Income Subtotal 104760 5514 1455 30% from Of which; sales of sideline 38520 2027 535 11% sideline products business Income Subtotal 185400 9758 2575 53% from non- Of which, wage of 154800 8147 2150 45% agricultural migration for labor production From other activities 30600 1611 425 9% total 347400 18284 4825 --
34. In order to further understand the real situation of the incomes of affected households, the distribution of incomes among the 19 households is surveyed.. There are 4 families whose annual per-capita income was above CNY3001 among the whole surveyed families. And 12 families were within CNY2001-3000. And 2 families were within CNY1500-2000.
3.4.5 Compensation and resettlement opinions of APs 35. An investigation team conducted an investigation of the affected persons for their compensation and resettlement opinions. As this project only involves small areas of the permanent forest land acquisition, temporary land acquisition and not involve housing demolition and so on. During the investigation, the affected households expressed that the construction of water supply project would solve the current regional water supply shortage, which is to benefit the people, as long as the land resettlement compensation standards were fair, compensation could be fast, in accordance with national laws and regulations as well as the compensation standards of the Fengjie County.
10 IV. Participation, Consultation and Grievance redress
4.1 Public Participation 36. In compliance with the ADB’s policies, Chinese national and Chongqing municipal policies on land acquisition and resettlement, during the preparation and implementation of the RP, great attention has to be paid to the participation of and consultation with the APs in order to protect their legitimate rights and interests. The purpose is to minimize the adverse impacts caused by the project and to develop rules for implementation of the policies related to resettlement caused by project. 37. In view of the actual situation of the project, public participation will be conducted at the following three stages:
Stage 1—Preparation of the project Feasibility Study Report and Land Acquisition and Resettlement Plan: At this stage, personnel will be dispatched to consult the organizations involved to get their views about land acquisition to be used as the basis for subsequent design and implementation and this is especially the case with those in the project area; brief the residents in the project area about the project, get a knowledge of the potential affected persons’ demands and expectations, discus the possible impact of the project, explore the possibility of optimizing the project design, policies on compensation and possible resettlement plan. These tasks have been finished at the time when this report is prepared.
Stage 2—Before work on land acquisition and resettlement is started, meetings will be held with all the affected persons to hear their opinions about land acquisition and resettlement. During this period, copies of the Resettlement Information Booklet (RIB) containing basic information about the project, its impact and policies on compensation and procedure for lodging complaints and grievances will be distributed to the affected households.
Stage 3—During RP implementation of the project, community survey will be conducted on a period basis to get information about how the compensation is paid and the livelihood is restored. During the monitoring period, the monitoring agency should check how many copies of the information booklet have been given out and evaluate the effect.
4.2 Public Consultation Completed
38. To get knowledge of the impact of the project and socioeconomic baseline of the affected persons and meet the ADB’s requirements, the project IA and RP preparation institutions conduct a sampled survey of the AP households and rural collective economic organizations in the project area. The survey team interviewed the local residents and representatives of the rural collective economic organizations, municipal land resources agency and social groups (including women, vulnerable group and aged people) and collected their opinions of and comments on land acquisition and resettlement from the affected people (see Table 4-1).
11 Table 4-1. Summary Consultation Records Responsible No. of Major concerns and Date Participants Objectives institute People suggestions Chongqing District and -- support the project and Jianghe Feb.-Oct. Township Data collection survey; 10 Design 2009 staff, villagers, for design -- understand the attitudes of Institute APs APs -- adequate compensation to Chongqing Village land loss, Duojie leaders, APs, RP -- APs propose their choice for Investment May-09 women and 25 socioeconomic income rehabilitation, Consulting vulnerable survey -- discuss options of Company groups compensation
-- suggestions for compensation rates of land Local preparation for loss, Government, Local officials, comensation -- method to calculate May-09 12 PPTA PMO staff and replacement prices, consultants rehabilitaiton -- suggestions for resettlement management and livelihood rehabilitation ADB resettlement Staff from facilitation for ADB resettlement policy specialist, Nov.-09 PMO, County 15 RP requirement, finalization of PPTA leaders preparation compensation issues consultant Total 62 participants
4.3 Consultation and Participation Plan Next Stage 39. Notwithstanding the amount of public consultation already carried out, the EA/IA and local government fully accept that additional consultation meetings will be required after the PPTA mission and during the implementation of the resettlement and land acquisition process. The principal activities to be undertaken are: (i) Publication and dissemination of a Resettlement Booklet (see Annex 1), in standard Chinese, summarizing the policies, entitlements, compensation standards and rates, grievance procedures and resettlement/ land acquisition program, (ii) Formal village meetings to ratify the options relating to compensation disbursement and utilization, and (iii) Detailed Measurement Survey (DMS) in the field to measure and agree the final requirements for land, property and other acquisition, from each affected household. (iv) sign the agreement to pay compensation with the affected families on the loss of land and trees finally. Table 4-2 contains a schedule and activity of the consultation plan.
12 Table 4-2. Consultation and Participation Plans Purpose of Implementation Tasks Timing Participants Remark Event Agency 1. Announce the final Distribution of Fengjie County resettlement The final resettlement Chinese Mar-Apr. Project Office, plans, including All APs plan was distributed to resettlement 2010 the township the the affected village plans government compensation standard 2. To conduct a Land Project Office, detailed Inventory of land and measuring the project measurement make out the approved face to face Jun-Jul. implementing survey, released All APs list of affected persons in with the 2010 agencies, county an updated accordance with affected and township resettlement residence person land office plans 3. Open village To determine Village meeting to whose status Committees of Determine the urbanized discuss the Mar-Jun, All APs and would be the Qili Village and staff and hand the list specific 2010 Villagers urbanized over county land office urbanized Xiaguang person personnel Village Compensation agreements in five County land copies, the affected office and the Project households, the land 4. The signing of affected implementin Office of Caotang town, an agreement to persons enter May-Jun, County land g agencies, the land Office of Hongtu pay into land 2011 office the township town, the implementing compensation acquisition government agencies, project office, compensation and all APs the land office of Fengjie agreements county, each carrying one.
4.4 Complaints and Grievances 40. To ensure the complaints on land acquisition, resettlement and compensation raised by the affected people are handled openly, fairly and quickly and prevent them from being forced to express their dissatisfaction or complaints through complicated formal channels, the project IA has designed a procedure for the affected people to lodge their complaints and grievances about the project. The procedure is shown in Figure 4-1 below.
13 Figure 4-1. Complaint Addressing Procedure
41. The names, addresses, responsible persons and telephone numbers of the above agencies will be disclosed to the affected persons by public conferences, announcements, information booklets, etc. The resettlement institution should make the affected people aware of their right to lodge complaints and grievances. The above procedure remains valid throughout the project construction period so that the affected people can use it to report their problems to the project management agency and have their problems discussed and solved in a timely, effective manner.
14 42. The PRC has established and carried out laws, regulations, and policies on resettlement and compensation for many infrastructure projects. This Project will follow the related Chinese laws, national and provincial regulations and local by-laws and policies, and also include comments and suggestions from APs, and meanwhile meet the requirement of ADB policy on involuntary resettlement (November, 1995). 43. The resettlement principles established for the Project are: (i) land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing a series of design alternatives; (ii) compensation and entitlements provided are based at replacement costs and must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement; (iii) the land temporarily occupied and the period of disruption are to be kept to a minimum; (iv) all APs, legal and illegal, are to be taken into consideration and accounted for; (v) the per capita landholding after land acquisition will be sufficient to maintain the previous livelihood standards; (vi) where land allocation per capita is not sufficient to maintain the previous livelihood standards, other income-generating activities will be provided for; (vii) a preferential policy will be provided to vulnerable groups in such things as compensation, payment of special fund, minimum living guarantee, and employment; (viii) all APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing; and (ix) close monitoring and timely actions will be carried out to identify and resolve any problems.
5.2 Compensation Policies for the Project 44. Since local regulations and by-laws cannot be in conflict with those of upper levels, the compensation policies and rates of this project are determined based on the full negotiation of and consultation with the local LRB, labor and social security bureau, the affected towns/townships, and the representatives of affected farmers, which is based on:
Land Administration Law of PRC (2004 revised version) and its related regulations;
Regulations on Land Administration of Chongqing Municipality (CMG No.53 document, 1 January 1999);
Measures of Chongqing Municipality for Land Acquisition, Compensation and Resettlement (CMG No.55 document, 1 January 1999);
The circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land Acquisition, Compensation and Resettlement (YFF [2008] 45) 5.3.1 Compensation principles 45. Lost property should be compensated based on the principle of replacement cost.
The property is compensated in line with the principal of resettlement. Compensation fees are paid before land acquisition.
Training and assistance and employment opportunities should be provided to the APs to maintain their living level.
The compensation for the crops, green seedlings, trees and attachments are paid according to market prices.
Management of construction should be strengthened to reduce the construction period and adverse impacts.
Compensation funds for resettlement subsidies will be given to APs with which they can continue the existing work after they get subsidies or they can develop individual business.1
5.3.2 Methodology of evaluation on compensation rates 46. Before discussing the compensation standards for land acquisition and resettlement, it is necessary to explain the methodology of how the compensation standards are formulated. To do this, a precondition is to introduce the background of useful documents to be applied in this Project:
Measures of Chongqing Municipality for Land Acquisition, Compensation and Resettlement (CMG No.55 document, 1 January 1999);
The circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land Acquisition, Compensation and Resettlement (CMG [2008] 45), 47. The CMG No. 55 documents were in effective on 1 January 1999 following the Regulations on the Implementation of the Land Administration Law of PRC (1998), which stipulated detailed compensation and resettlement measures including the disbursement channels of compensation for land loss—exactly refer to the Article No.26 of the above mentioned PRC regulations. In addition, No. 55 document also stipulated the organizational arrangement for the implementation and management of land acquisition and resettlement. With time being, the compensation rates have been updated in another document called CMG [2005] No.67. However, this document was annulled by a latest CMG [2008] No.45 document which paid a more attention on the APs who will be urbanized after land loss. With updated compensation rates in the latest document, there is no detailed description on the compensation and resettlement of non-urbanized APs after land loss. 48. Considering the incompleteness of each of the two documents—outdated compensation rates in Document No. 55 and the silence on non-urbanized APs after land loss, a compromised measure has been adopted. Evidently, the compensation principles and the methodology for calculating compensation rates remains valid in CMG No. 55 document although a new document CMG [2008] No. 45 was issued following China State Council [2004] No. 28 document and [2006] No.31 documents. On the other hand, the latter CMG [2008] No.45 has stipulated a most updated compensation rate particularly for the resettlement 49. Firstly, an equitable platform should be established for all land loss APs. It means that the CMG [1999] No.55 will be applied for all APs in terms of calculation of the compensation standards based on the average annual out put value (AAOV) of the previous three years of the land to be lost. Excepting the compensation for standing crops and land attachments, the sum of land compensation fee and resettlement should be at least 10 times of AAOV while the upper limit is generally 30 times of AAOV. But in case the compensation of 30 times AAOV is still not enough to rehabilitate the livelihood and income levels of land losers, then after CMG approval, the multiplier can be increased. Under this situation, the median multiplier between 10 and 30 is 20. Therefore, it is determined that for this Project, the land compensation fee and resettlement subsidy should be summed at least 20 times of AAOV. Given the AAOV of each project county/district, this multiplier is considered adequate for the land loss compensation, which not only consented by local project county/district officials, but also coincides with the remaining 20 years of PRC second round rural land contract (starting from 1999 for 30 years). It means that APs will be paid at 20 years of output value rather than net income due to the respective land loss with in the existing contract term.
50. Secondly, the per capita landholdings in the project area vary significantly, thus for those land scare area, the compensation for the land scarce area will be increased. And the APs who choose “urbanized” option should change their livelihood rather than farming, the compensation for their basic social insurance should be increased. The increased amount can be determined based on the CMG No. 45 document.
51. Therefore, with the above policies, all the APs with land loss can be compensated fairly either with “urbanized” or non-urbanized choices. In other words, those APs who chose non- urbanized option due to little land loss, they can be compensated based on CMG [1999] No.55 document; and for those who choose to be “urbanized”, the CMG [2008] No. 45 document will apply. In Fengjie County, FCG [2008] No. 60 document formulated following CMG No. 45 document will apply both for the urbanized APs and for the compensation of cropping and land attachment compensation. 5.3.3 Applicable Compensation Rates (1) Land compensation fees and resettlement subsidy standards 52. Based on the Project compensation policy determined in Fengjie County, the total land compensation (including land compensation fee and resettlement subsidy) for farmland is CNY39,000/mu, while for non-farmland the total compensation is CNY19,500/mu. The AAOV of farmland in the areas is about CNY1500. The total compensation rate of farmland is calculated at 26 times of the AAOV( not less than 20 times of the level determined by the standard of compensation). 53. Additional compensation of CNY10,400/mu of the total acquired land will be paid for the insurance of urbanized people, which will be transferred through the LRB to the Labor and Social Security Bureau. According to CMG [2008] no. 45 and FCG [2008] No.60 documents, if someone chose to be urbanized, he has to pay 50% of the endowment insurance while the other 50% is subsidized by the CMG. (2) Young crops compensation standard 54. According to FCG [2008] No.60, the compensation standards for crops are 55. The attachments damaged on the ground in this project is only the unspecified trees. The compensation standards of the attachments on the ground will be based on FCG [2008] No.60, as well as the consultation between Fengjie county government and the relevant units in June 2009. The Project related compensation rates are listed in Table 5-1. Table 5-1. Land Related Compensation Rates The Fengjie implementation No. Items Unit current remark standards of standards the plan I. Permanent Land Acquisition According to FCG [2008] 1 Land compensation fee CNY/mu 13,000 13,000 No.60 2 Resettlement subsidy fees CNY/mu 26,000 According to Land Act. Social pension insurance of 80% of Co-ordination land 3 CNY/mu 10,400 10,400 urbanized persons compensation fees 4 Young crops compensation CNY/mu 1,200 1,200 II. Temporary Land Acquisition Corn, paddy fields, dry farmland, Be determined in consultation 1 CNY/mu 1500 etc. with the Fengjie County Be determined in consultation 2 Forest land and others CNY/mu 900 with the Fengjie County Compensation for Land . Attachments Circumference of tree 15 55 50cm or more Circumference of 30- The tree 10 35 50cm or more According to the 1.2m of 1 unspecified Circumference of 15- trunk above the ground trees tree 6 20 35cm or more Circumference of tree Not be compensated 15cm or less
5.4 Compensation Eligibility and Entitlement Matrix 56. All APs losing land, crops or sources of income will be compensated or rehabilitated according to the types and amount of their losses (permanent or temporary, titled or non-titled) as long as they are included in the final Detailed Measurement Survey (DMS) to be concluded on or around the time of the approval of RP, or are identified as affected by temporary impacts during construction. 57. The cut-off date for compensation eligibility will be provisionally set as whenever the compensation and resettlement plan is approved by FCG, constructing buildings or settling in project affected areas after the cut-off date will not be eligible to compensation or subsidies. Compensation will also not be paid for any structures erected, or crops and trees planted purely for the purposes of gaining additional compensation. 58. The affected people will be compensated according to replacement cost for lost properties, without depreciation. The remaining materials after demolition could be salvaged by those affected people without any payment. Table 5-2 shows the Project compensation entitlements according to compensation principles Table 5-2. Compensation Eligibility and Entitlement Matrix Definition of Item Application Compensation policy Implementation issues Entitled person
Permanent Covers an area of All the APs Land compensation and A village meeting will be loss of land 14mu, of which 11mu in this resettlement sunsidy at the convened to discuss the of arable land, 3mu of project rate of CNY 39,000 per mu for use of compensation, a woodland farmland and CNY19,500/mu higher level of government 19 for non-farmland. will monitor the allocation households of the compensation of the – 72 APs affected persons
Temporary 7mu of the temporary Households The compensation rates for Based on face-to-face loss of land acquisition included contracte the arable land are measurement and in compensation d with the CNY1500/mu, and the forest negotiation. land. land CNY900/mu. The cost for temporary land occupation is calculated at a 2-year base.
Loss of land unknown(unspecified) Owners of Cash compensation paid direct Announcement should be attachments trees the to owners, trees owned by the made in the local owner after being cut down newspapers or through Attachments (see table 5.1) broadcasts at least one month before land acquisition
Livelihood Households affected All affected -- basic endowment insurance FCG will supervise APs rehabilitation by Project (land loss) for urbanized APs; income rehabilitation and and income households -- FDG provides skill training to facilitate the transfer of restoration for APs APs to be urbanized and training/ employment -- FDG employment bureau programs will provide enough job opportunities to the APs. VI. Income Rehabilitation Plan
6.1 Objectives and Principles of Land Compensation and Resettlement 60. The objectives of land acquisition compensation and resettlement are determined as follows according to the assessment of the impact of the Project and the investigation results of the current situation of the affected people’s living standard and production at this stage: 1) The annual net income per capita of the affected households will reach the same level as before the resettlement; 2) The production and living conditions of the land-acquired households will be improved; 3) Public infrastructures, conditions of schooling and medical assistance, the level of social welfare and the natural environment, etc. will be similar to or even better than before resettlement, maintaining the previous level in terms of the schooling rate of school-age children and the basic medical assistance coverage.
6.2 Income Loss Assessment
61. 2 villages of 2 townships were affected by the project construction. The survey shows: CNY180 per capita losses per year would be caused in Qili village of Caotang town, CNY90 per capita losses per year in Xiaguang village of Hongtu town, more details can be seen in Table6-1
Table 6-1. Evaluation loss of income of affected persons
The total Expropriation Loss of Affected cultivated Town Village APs of arable land income per household land per capita capita acquisition
Caotang town Qili village 10 41 5 0.12 180 Xiaguang Hongtu town 9 31 2 0.06 90 village
6.3 Income Rehabilitation Planning
62. The compensation for acquisition of rural land shall include land compensation fee, resettlement subsidy and compensation for attachments and green crops on the land. The affected person will have the compensation listed in the following. 63. The total land compensation (including land compensation fee and resettlement subsidy) for farmland is CNY39,000/mu, while for non-farmland the total compensation is CNY19,500/mu. The AAOV of farmland in the areas is about CNY1500. The total compensation (land compensation fee and resettlement subsidy) will be at least 26 times of the AAOV of the local rural area. This provides a solid base for formulation of the income rehabilitation plan.
6.3.1 Arrangement for Endowment Insurance of Urbanized People
(1)The number of urbanized people
64. In case the land of a village group or community has been completely acquired, the all members shall be converted to urban residents. In case the land has been partially acquired, the number of urbanized people shall be determined as follows: The sum of acquired farmland and half of the non-farmland is divided by per capita farmland of the village group. For the
20 latter situation, if one becomes an urban resident, he will lose the land being acquired, but still keep the remaining land.
65. There will be 7 people to be urbanized in the Project, as listed in Table 6-2. Among the affected people, who will be urbanized will be determined by discussion and negotiation of all affected people though villagers’ meetings prior the implementation of land acquisition and resettlement on the basis of the amount of land acquired.
Table 6-2. Number of Urbanized People Loss of Loss of Farmland Non-farm People to Be Urbanized Town/ Township Village farmland per capita land (mu) (4)=[(1)+(2)*0.5]/(3) (mu) (1) (mu) (3) (2) Qili Caotang town 5 3 1.68 4 village Xiaguang Hongtu town 4 2 1.9 3 village
(2) Arrangement for insurance of urbanized people 66. Besides the above-mentioned compensation, additional compensation of CNY10,400 per mu of the total acquired land will be paid for the insurance of urbanized people, which will be transferred through the land resource administrative department to the labor and social security department. 67. For persons of 16 or older to be urbanized shall pay for the 50% of the total premium of the basic endowment insurance (another 50% will be subsidized by the government). It is likely that the urbanized people have to pay some of the 50% from their pocket if their land acquired is less than per capita farmland of the village group (which means the compensation will not be enough for the insurance). It also depends on the ages of the urbanized people. People with different ages should pay different amount of money for their insurance. For example, people aged 70 will pay CNY7,500 while a woman aged 55(or a man aged 60) CNY 20,500. And if the land acquired is no less than per capita farmland, the compensation will be enough for the insurance and no need for the urbanized people to pay from their pocket. Our investigation found that people planned to be urbanized are willing to pay some from their pocket for the insurance. 68. According to the Project policy and compensation rate, the calculation shows that the urbanized people will have the remaining compensation of CNY8,100-21,100 after paying for their insurance, which is at least 6 times of AAOV. For female aged 40-54, male aged 50-59, they will pay CNY20,500 for the insurance and will have the remaining compensation of CNY8,100; while for persons age 75 or above, they will pay CNY7,500 and the remaining compensation is CNY21,100. They can use this fund to invest in any income-generating activities whatever they preferred, such as develop their agricultural activities as cash crop farming, animal raising or do small business with the money. 69. Based on the discussion with village leaders and representatives of affected farmers, who will become urban residents should be determined by the amount of acquired land area of households. Most farmers thought it is preferable for old people of their family or people younger than 16 years old to become urban residents. For people younger than 16 years old, they will receive the full resettlement subsidy. For the old, once the one-time payment for the endowment insurance is made, an amount of pension (CNY500 /month; for the aged 70-75, CNY550 /month; and for the aged 75 and over, CNY600 /month; in 2009) will be paid from the month following the one when the land compensation and resettlement plan is approved legally. Thus, those urbanized persons will have premium of at least CNY6,000 a year, which is much higher than the income from land. Thus, after becoming urban residents, the living standard of those aged will be improved dramatically.
21 6.3.2 Arrangement for un-urbanized Affected Farmers
70. There are some rural residents who are affected by land acquisition but cannot become urban residents. For the un-urbanized farmers, they can use their land compensation to develop their farming and animal feeding. The affected people can also apply for micro-credit and use their savings for economic activities. The affected persons can make use of grants or loans to fund the development of aquaculture, planting or engage in small shops and other activities, through surveys of local economic situation, consumption situation, as well as communication with the local villagers to identify investment costs and revenues estimates of a variety of alternative investment activities. As detailed in Table6-3.
Table 6-3. Cost and Annual Income for Economic Activities (CNY) Input (CNY) Output (CNY) Total cost Activates Unit Initial Intermediate Gross Net labor (CNY) input inputs income income Pig farming Head 200 600 500 1400 2000 600 fruit mu 800 600 1000 2400 4500 2100 tea mu 1500 500 1200 3200 5000 1800 Shop (village 3000 20000 10000 32500 32000 2000 level) Small shops Shop (township 5000 35000 12000 52000 45000 3000 level) Note: The initial inputs include cost of piglets, fruit tree seedlings, seedling cultivation, construction shops, etc; while supporting investment include cost of fertilizer, feed, cost of goods and so on.
6.3.3 Skill training and job opportunities 71. Sampled questionnaire survey results show that 5 out of 19 respondents expressed that they hoped to participate in labor skill training, accounting for 25% of the total respondents, most of whom are male under the age of 45. 72. In order to improve APs’ production and living standards after land acquisition, villagers will be encouraged to take part in skill training arranged by county government and efforts made to explore employment opportunities other than agricultural production in the Project. According to the FCG [2008] No. 60 document, efforts will be made to establish and perfect the employment service system for the urbanized labor due to land loss. The urbanized APs will have the priority to attend government organized skill training and to enjoy the preferential policies of employment.
73. The local government will conduct technical training for villagers every year during the project period. All villagers have chances to accept those kinds of trainings. Table 6-4 lists the major regular training activities organized by local government agencies with the costs covered by fiscal fund from various levels of government. Table 6-4. Training Provide by Local Governments Bureau/ Number of APs to Training Activities Institution be trained Free training on pig breeding for farmers who breed the pigs more All farmers who Animal than hundred—farmers breeding 100-1000 pigs receive the training breed 100-1000 Husbandry in the town/ townships, usually once (one day) with CNY30 subsidy; pigs. Bureau farmers breeding 1000 pigs receive the training in the county, usually once lasting a week with CNY550 subsidy. 7 days’ free training on rural labor force through training schools. All Every year there will aged 18-50 can receive CNY420 subsidy per person; be 500-1,000 people Agriculture 20 days’ free training on starting business for farmers with CNY could receive Bureau 2,500 subsidy per person; training in the project Practical technical training (cropping, sericulture, animal husbandry, area. agricultural machinery use, pest control). Forestry 2-3 times free technical training every year for the sericulturist in the All farmers if they Bureau project area with average CNY100 subsidy per person. want
22 Bureau/ Number of APs to Training Activities Institution be trained 1) A free training to the migrant workers who already obtain the job Every year there will in the county corporations. be 400-500 people in Employment 2) Free pre-job training to the migrant workers. the project area Agency 3) Free training on starting business for the returning migrant receiving the training workers. 4) Free training to rural labor force. 1) Production technical training on pig breeding and sericulture to mainly poor labors in the villagers. There are a lunch subsidies and free materials for the poor villages and Poverty villagers. the labor force of alleviation 2) Skills Training: Normally, this is semi-annual training (5 months’ poor households in office(PAO) training, 1 month’s practice) conducted in the County Vocational non-poor villages Education Center which will recommend jobs for trainees. Women’s Practical technical free training to the villagers on pig breeding, All farmers if they Federation sericulture and cropping. want
74. There are policies issued by Fengjie Employment Bureau which encourage enterprises to employ local farmers. That means for any enterprises, if the hiring rate of local farmers reached 30% of their total workers, they can receive a one-year preferential loan. And if enterprises employ urbanized APs after land acquisition will have some subsidies from the government. Private vocational institutions, having helped a farmer to find a job without any charges, will receive a government subsidy at the rate of CNY100 per employment. The county financial bureau will provide CNY2000 of subsidy per capita annually for enterprises that employ people with difficulties to get employed and subsidies of CNY5000 per capita annually for community public welfare organizations that hire the same. 75. Employment Agency in Fengjie will provide free vocational registration and job opportunities for the affected farmers during the project period. Based on the present statistical data, the enterprises inside and outside of Fengjie county have already provided almost 5,500 jobs for local people to date. In 2008, under the guidance of the Employment Agency, more than 9,000 local farmers find jobs outside Fengjie and nearly 6,000 farmers find job within the county. As long as the villagers are healthy, based on their willingness, they can be introduced to enterprises both located in and outside of the county, such as Shanghai, Xinjiang, Shanxi, and the employment base with the average monthly income of CNY1500. Thus, the annual income will be much higher than that from the land income if APs find off-farm jobs.
6.4 Temporary Land Use and Restoration of Land Attachments 76. The project owner should, prior to the Project execution, consult about the compensation plan and sign the temporary land use agreement with each village committee. The temporary land use agreement need to be signed by the representative of the affected rural household and stamped by the village committee for confirmation and sent to the LBR of Fengjie county for approval and record-keeping. Only after the approval can the Project IA start to use the land but at the same time has to:
Compensate for crops and land /building attachments;
At the same time reclamation should be taken upon temporary acquisition land, until the inspection and adoption of Fengjie County Land Bureau. 77. Temporary land use shall not exceed two years. At the end of the Project, the land will be reinstated according to its original function and supervised by LRB based on land administration rules. Can not restore the land for the original function or do not need to restore a temporary area (such as the construction of temporary roads, the villagers can easily access), implementing agencies should undertake land compensation in accordance with the permanent land acquisition compensation standards.
23 VII. Resettlement Budget and Financial Plan
7.1 Resettlement Budget
78. The budget of the Project covers fees incurred in the process of land acquisition compensation and resettlement, including four parts: (1) compensation for land acquisition; (2) compensation for land attachments; (3) various taxes on land acquisition; (4) and other expenses related to land acquisition and resettlement. The total amount for land compensation and resettlement is CNY0.9312 million. Among the total budget, the total budget for land acquisition is CNY0.5529 million; the budget for land temporary occupation includes CNY 8700 of young crop compensation; compensation for unknown(unspecified) trees is CNY87500; the taxes and expenses related to land acquisition (including cost of land cultivation, tax on acquisition of farmland, cost of overall planning of land acquisition, management cost of land acquisition, and land use fees for newly increased construction land) is about CNY0.2172 million; and the cost of contingency is about CNY64900 (see Table 7-1).
7.2 Source of Fund for Land Acquisition and Resettlement
79. The fund for land acquisition and resettlement will be raised by the allocation of funds of local government of Fengjie County.
7.3 Fund Flow
80. Figure 7-1 shows the flow, management and supervision of the fund which is allocated to the recipient organizations by the bank designated by the land acquisition directorate of the leading group for land requisition of Fengjie County Xinyou Water Supply Co., Ltd., The Office for ADB-loaned Projects of Fengjie county Development and Reform Commission provides necessary supervision and guidance as to the use of the fund in order to prevent it from being embezzled for other purposes. It is expected that 80% of the budget will be used in 2010, and 20% will be used in 2011-13.
Figure 7-1. Fund Flow Chart
Land acquisition directorate of Fengjie Urban Investment
80% of land compensation sum Compensation for and 50% of basic pension sum for standing crops and township enterprise employees Collective property attachments, 20% of land which come from the project acquisition compensation resettlement allowance and should and resettlement subsidy be paid by employees.
Labor and Social Security Affected households Villages/ Bureau and persons
24 Table 7-1. Budget for Land Acquisition, Compensation and Resettlement No. Item Rate Unit Amount Total Part 1. Compensation for Land Loss 649100 I Permanent land acquisition 552900 Land compensation and resettlement subsidy fee for 1 farmland 39000 mu 9 351000 Land compensation and resettlement subsidy fee for 2 non-farmland 19500 Mu 5 97500
3 Compensation for urbanized people’s insurance 10400 Mu 9 93600 4 Young crop compensation 1200 Mu 9 10800 II Temporary land occupation 8700
1 Cultivated land young crops compensation fee 1500 mu 4 6000 Compensation for the temporary non-cultivated land 2 acquisition 900 mu 3 2700 III Compensation for the attachments on the ground 87500 1 The unspecified trees 35 Unit 2500 87500 Part 2. A variety of taxes and fees 217217
1 Management cost of resettlement implementation 6% of A 38946 2 Tax on acquisition of farmland 4% of A 25964 3 Cost of land cultivation 10000 Mu 4 40000
4 Land use fees for newly increased construction land 6667 Mu 0 0 5 Cultivated land occupation tax 6670 Mu 8 53360 6 Forest vegetation restoration fee 6667 Mu 3 20001 7 External testing costs of resettlement plan 6% of A 38946 Part 3. The costs of contingency 10% of A 64910 Total 931227
25 VIII. Organizational Arrangement
8.1 Executing Organization
81. The Fengjie County ADB project leading group consists of the project management office which is responsible for the implementation of the Fengjie project overall management representing the county government . Responsible for the concrete work of project management, including liaison with ADB. Its group members are 7 persons from government, including SDRC,Bureau of Water Resources, Finance Bureau and Environmental Protection Bureau.
8.2 Resettlement Institution
82. Fengjie County PMO and IA will have at least two full-time staff responsible for land acquisition and resettlement respectively The resettlement institution is Fengjie County Xinquan Water Supply Co., Ltd., as the Project Implementation Unit (PIU) whose responsibility includes implementing the project and executing and coordinating land acquisition and structure demolition with due authorization of the county government. The company will found a land acquisition directorate to carry out land acquisition in collaboration with the county LRB and transportation bureau. Each affected township government and village committee will designate special-duty personnel to coordinate work with the directorate. The directorate will be responsible for implementing all land acquisition and carry out the economic rehabilitation planning with the township governments and village committees. See Figure 8-1 for a chart of the organizational arrangement. Figure 8-1. Organizational Chart
Leading group for Fengjie ADB project
Fengjie ADB project management office
independent external supervision land acquisition directorate of Fengjie and monitoring agency County Xinquan Water Supply Co,Ltd.
Township coordinators
8.3 Staffing
83. Following the above described organizational arrangement, the agencies and units involved have designated a relevant leader to run their affairs. The staffing of these organizations is detailed in Table 8-1.
26 Table 8-1. Staffing of Organizations Telephone Agency Responsibility Personnel Position No. County Conduct overall coordination and Development And supervision Li pinxiong Director, PMO 13896227766 Reform Commission County Development And Deputy Director, Overall management of the project Zhou taiping 13609456332 Reform PMO Commission County National Guide the land acquisition Land Resources Luo ning Deputy director 56551211 Guide the resettlement Bureau Unified Acquisition Responsible for the land acquisition office,Fengjie Xiang zong director 13896339158 and demolition County The project owner ,implement the Xinquan Co,Ltd. Deputy manager 13098659023 project Caotang County Coordinate land acquisition and Director of Rural Wang dayin 02356720188 Government resettlement Road Office
8.4 Responsibilities
8.4.1 Chongqing Municipal ADB Project Management Office
84. The office coordinates work at the preliminary stage of the project and collaborates with the project owner in project implementation and reporting.
8.4.2 Project Implementation Unit 85. As the project implementation unit, with the guidance of the LRB, the following tasks will be completed during the land acquisition and resettlement. 1) Measure and verify the quantity of land, houses, attachments and infrastructure; 2) Determine the rate of compensation and resettlement plan in consultation with the affected persons; 3) Sign land acquisition and resettlement agreements with the organizations and individuals involved; 4) Pay compensation money to the affected persons; 5) Carry out land acquisition and resettlement and ensure the work progresses in a timely smooth manner; 6) Supervise and check the payment and use of the compensation money; 7) Monitor the implementation of the resettlement plan in the townships and villages involved; 8) Report to the county ADB project office at regular intervals on how the affected persons are resettled and provide the related statistics/data.
8.5 Capacity Building 86. The resettlement staff shall be adequately qualified for doing work on resettlement. To ensure resettlement carried out smoothly, the resettlement workers shall be trained and field surveys should be made before land acquisition and resettlement. 87. Chongqing municipal ADB project office conducted training of the resettlement staff twice in March to May 2009 on such subjects as the relevant policies of the ADB, domestic
27 laws and regulations concerning land acquisition and compensation and the theory, method and requirements of socioeconomic survey. 88. The county project office will continue to train the resettlement workers for this project on subjects such as ADB’s security assurance policies, national, municipal and county laws and regulations on land acquisition and compensation and its management in order to improve their working capability. 89. The resettlement office should establish a sound system for releasing information on land acquisition and compensation and use computers to manage data about land acquisition and resettlement and set up a mechanism to report to the municipal and county project offices and project owner periodically (normally once a month) to strengthen information feedback and free exchange of information in both top-down and bottom-up channels.
28 IX. Implementation Schedule
90. Land acquisition and resettlement include the following five major steps: Stage 1: Preparation and review of resettlement plan Stage 2:Land measuring and statistics of tangible qualities and updating of resettlement report Stage 3: Signing of land acquisition agreement and payment of compensation Stage 4: Capability building Stage 5: Monitoring and evaluation
91. The project started from May 2009, ended in December 2013, including the preparation of the resettlement report, auditing, internal and external monitoring of resettlement plans. Specific implementation plan is shown in Figure 9-1.
29 Table 9-1. RP Implementation Schedule 2009 2010 2011 2012 2013 month month quarter quarter quarter Stage Stage specific tasks 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 1 2 3 4 1 2 3 4 Information disclosure Preparation and review of the resettlement report Information Handbook Preparation and Distribution of resettlement plans review of the Resettlement plans to ADB's resettlement report website Detailed measurement survey The completion of the red line survey Preparation include: survey design, procurement, bids, etc. make and distribute the draft of land acquisition and resettlement to the affected villages Updated resettlement plan based The land survey on a detailed investigation and physical Land Acquisition Program inventory and the Resettlement plans in the budget resettlement report Resettlement plans in the budget updates through the review Land acquisition Compensation agreements resettlement Land Acquisition agreement was signed and The implementation of compensation compensation and resettlement The establishment of the Implementation complainant and complained capacity building Commission The establishment of monitoring system Hire external monitoring staff ADB's approval of the updated resettlement plans Land acquisition monitoring Monitoring and Monitoring of income restoration Evaluation External monitoring
- 30 - X. Monitoring and Evaluation
92. According to the “Regulations on Construction Supervision” issued by the Ministry of Construction of the PRC in 1995, construction projects must be supervised. The ADB also requires that resettlement arising from loaned construction projects be monitored and evaluated. To ensure land acquisition and resettlement are carried out completely as planned, the process is subject to monitoring both internally and externally during the construction period of the project. Apart from the “external monitoring” that is carried out once every half a year, the ADB also requires the project be subject to mid-term overall review and project completion review.
10.1 Internal Monitoring
93. During implementation of the project, the project executer, Fengjie County Xinyou Water Supply Co., Ltd. shall assume overall responsibility for project monitoring which include (1) payment of compensation; (2) reallocation of land; (3) handling complaints; (4) income restitution/personal training planning; (5) assistance to the vulnerable groups.
94. The general aim of internal monitoring is to ensure resettlement is carried out in accordance with the approved plan. The specific purpose of internal monitoring includes: (1) Checking how the millstone work is completed during land acquisition; (2) Ensuring the channel of exchange and consultation between the project executor and affected people is established and kept unblocked; (3) Ensuring compensation is paid fully to the affected people in a timely manner; (4) Ensuring complaints raised by the affected people are handled in the specified time limit; (5) Ensuring the land and resettlement compensation is paid to the affected people in strict accordance to the relevant law and regulations and corruption is eradicated; (6) Handling subsequent issues. 95. The land acquisition directorate of the company assumes fully responsibility for internal monitoring and should establish an internal monitoring office to ensure land acquisition and resettlement are conducted according to the plan in a timely manner to project the interests of the affected persons.
10.2 External Monitoring and Evaluation
10.2.1 Goals and responsibilities
96. Independent monitoring and evaluation of land acquisition and resettlement is mainly carried out by an independent external monitoring agency. The scope of independent monitoring includes:
Functions of the resettlement institution; Progress of land acquisition and compensation; Survey and analysis of livelihood of the affected people. 97. The independent external agency checks, on an overall and long-term point of view, how land acquisition and resettlement are carried out and tracks the resettlement activities to determine whether they conform to the related national laws and ADB’s policies, whether the living standard of the affected people is improved or at least not lower than it was when there was no such a project. The independent monitoring agency will make suggestions to the project executor on solutions to the problems discovered in the monitoring process.
98. The project executor, Fengjie County Xinquan water Co., Ltd. will employ an independent external monitoring agency to monitor and evaluate implementation of the project and the agency will form a team of experts highly experienced in social work and land acquisition and resettlement.
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99. The independent monitoring agency will, on a regular basis, track, monitor and evaluate the resettlement process on matters such as progress, quality and fund and put forward suggestions and track and monitor the rehabilitating of income and living standard of the affected persons and submit a monitoring and evaluation report to the municipal ADB project office and ADB.
10.2.2 Major factors for monitoring and evaluation
100. These include the following:
Socioeconomic indicators: per-capita income, GDP, employment rate; Institutional indicators: staff, competence of staff members, rules and regulations, equipment and work efficiency; Impact of permanent land acquisition: availability of compensation fund, livelihood resettlement, rate of variations in economic income, employment rate and satisfaction with resettlement; Infrastructure: availability of compensation fund and rate of function restoration.
10.2.3 Monitoring and Evaluation Report
101. Internal monitoring report was prepared by the project implementing agencies to submit to the project office each quarter, project office submitted to the Asian Development Bank in the progress report. At the same time External monitoring and evaluation reports would be submitted directly to the project office and the Asian Development Bank every six months by external monitoring agencies. Continue the external evaluation report every six months until the completion of resettlement work, and then an annual evaluation report is also prepared once a year by external monitoring agencies until the project is completed. Finally, when the project is completed, the project resettlement office prepare a completion report and submit to the Asian Development Bank.
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Appendix 1. Resettlement Information Booklet
____ (Name of the affected person)
ADB-loaned Fengjie County rural water supply project is important part of the ADB-loaned Chongqing urban and rural infrastructure development projects, it's construction will cause impact to your family (unit) to a certain extent. Releasing the manual to you is to give you an idea of the basic situation of the project, the project's impact on your family, the compensation standards and resettlement of this project, as well as your grievance and complaint channels of compensation and resettlement.
1. Project Overview The Water Supply Project,in Caotang Town, Fengjie County, takes water from Jiuyanlong, Shima River in Zhuping 1th community. The springs are between 360-370m elevation, and the water project construction is at the hill of about 320m high which next to the Qiliyan, Yuyi high way, which design is: 5000m3/d; the Hongtu project in Hongtu town takes water from Xiaoba River,Shimen village. The inlet channel is 715m high, and the purification works is built at the hill of about 620m high which next to the Hongtu town planning area, which design is: 800m3/d. Project total static investment is CNY28.7888 million, of which CNY14.3944 million for the ADB's loan, accounting for 50% of the total investment, equivalent to 2.117 million U.S. dollars (1:6.8); the local self-raised CNY14.3944 million, accounting for 50% of the static total investment. The basic objective of the resettlement plan is to ensure that as the project construction, people whose land and property were inevitably affected could receive adequate assistance and a fair and equitable compensation, so that their livelihoods are quickly restored and improved, at least can be achieved the standard of living when there are no constructions of project. 2. Project impacts
The project needs permanent acquisition land 14mu, of which 9mu of cultivated land, affecting a total of 2 towns, 2 villages 3 groups, the 6th group of Qili village of Caotang town, the 4th group and the 14th group of Xiaguang village of Hongtu town, involving a total of 19 affected households with 72 persons, the temporary occupation of land 27mu, no house demolition. The estimated total cost of land acquisition for resettlement relocation is CNY931.2 thousand, of which compensate for the subsidy costs (primary cost) CNY649.1 thousand.
3. Policies on Compensation and Rates of Compensation The Fengjie implementation No. Items Unit current remark standards of standards the plan I. Permanent Land Acquisition According to FCG [2008] 1 Land compensation fee CNY/mu 13,000 13,000 No.60 2 Resettlement subsidy fees CNY/mu 26,000 1 + 2 = 26 times of AAOV Social pension insurance of 80% of Co-ordination land 3 CNY/mu 10,400 10,400 urbanized persons compensation fees 4 Young crops compensation CNY/mu 1,200 1,200 II. Temporary Land Acquisition Corner, paddy fields, dry farmland, Be determined in consultation 1 CNY/mu 1500 etc. with the Fengjie County Be determined in consultation 2 Forest land and others CNY/mu 900 with the Fengjie County . Compensation for Land
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The Fengjie implementation No. Items Unit current remark standards of standards the plan Attachments Circumference of tree 15 55 50cm or more Circumference of 30- The tree 10 35 50cm or more According to the 1.2m of 1 unspecified Circumference of 15- trunk above the ground trees tree 6 20 35cm or more Circumference of tree Not be compensated 15cm or less
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4 Timetable for Land Acquisition and Resettlement 2009 2010 2011 2012 2013 month month quarter quarter quarter Stage Stage specific tasks 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 1 2 3 4 1 2 3 4 Information disclosure Preparation and review of the resettlement report Information Handbook Preparation and Distribution of resettlement plans review of the Resettlement plans to ADB's resettlement report website Detailed measurement survey The completion of the red line survey Preparation include: survey design, procurement, bids, etc. make and distribute the draft of land acquisition and resettlement to the affected villages Updated resettlement plan based on a detailed investigation The land survey and Land Acquisition Program physical inventory Resettlement plans in the budget and the resettlement Resettlement plans in the budget report updates through the review Land acquisition Compensation agreements resettlement Land Acquisition agreement was signed and The implementation of compensation compensation and resettlement The establishment of the Implementation complainant and complained capacity building Commission The establishment of monitoring system Hire external monitoring staff ADB's approval of the updated resettlement plans Land acquisition monitoring Monitoring and Monitoring of income restoration Evaluation External monitoring
35 5. The responsibilities and entitlements of the affected persons (1).The entitlements of the affected persons The affected people will obtain a variety of due compensation according to the above- mentioned criteria, combined with the latter part of the field measurements. If there are any complaints or grievances about the compensation, the affected persons can reflect their views and recommendations to the project management office and the village committee. Project management office must follow the complaint mechanism established by this project and answer to the questions on the affected people’s complaints within the time specified. (2).The responsibilities of the affected persons Actively cooperate with the work of land acquisition, demolition and resettlement of the ADB- loaned Fengjie County rural road development project. 6. Resettlement Institution
The resettlement institution is Fengjie County Xinyou Water Supply Co., Ltd., as the Project Implementation Unit (PIU) whose responsibility includes implementing the project and executing and coordinating land acquisition and structure demolition with due authorization of the county government. The company will found a land acquisition directorate to carry out land acquisition in collaboration with the county LRB and transportation bureau. Each affected township government and village committee will designate special-duty personnel to coordinate work with the directorate. The directorate will be responsible for implementing all land acquisition and carry out the economic rehabilitation planning with the township governments and village committees. See for a chart of the organizational arrangement.
7. Participation in resettlement program planning and implementation The project executing agency has consulted representatives from the local governments, affected persons and organizations in the form of meetings during the design and preparation of the project. In the survey and design period, the affected persons will participate in the following activities: (1) Classifying and measuring the land to be affected; (2) Survey and checks of trees. During the project implementation period, the affected persons can participate the following activities: (1) Determination of the scope of compensation and rates of compensation; (2)
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Reaching consensus on compensation; (3) Use of compensation fund at the village/community level; (4) Handling complaints.
8. Complaint Addressing Procedure
To ensure the complaints raised by the affected people about land acquisition, resettlement and compensation are handled openly, fairly and quickly and prevent them from being forced to express their dissatisfaction or complaints through complicated formal channels, the project owner has designed a procedure for the affected people to lodge their complaints and grievances about the project. The procedure is as following:
The names, addresses, responsible persons and telephone numbers of the above agencies will be disclosed to the affected persons by public conferences, announcements, information booklets, etc. The resettlement institution should make the affected people aware of their right to lodge complaints and grievances. The above procedure remains valid throughout the project construction period so that the affected people can use it to report their problems to the project management agency and have their problems discussed and solved in a timely, effective manner.
Contact Person:- (Will be filled up when these booklets are distributed)
Name:
Address:
Phone No:
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