Resettlement Planning Document
Updated Resettlement Plan Document Stage: Final Project Number: 42010 July 2012
People's Republic of China: Guangxi Southwestern Cities Development Project – Chongzuo City Shuikou Lake Environmental Improvement Project
Prepared by Chongzuo Urban Construction and Investment Co., Ltd with the assistance of Beijing Environmental Science and Technology Consulting Co., Ltd.
The updated resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
Guangxi Southwestern Cities Development Project
Chongzuo City Shuikou Lake Environmental Improvement Project
Updated Resettlement Plan
Chongzuo Urban Construction and Investment Co., Ltd Beijing Environmental Science and Technology Consulting Co., Ltd
July 30th, 2012
Content
Endorsement Letter of Resettlement Plan Endorsement Letter of Resettlement Plan .... 2 Abbreviations and Measurement Units ...... 1 Executive Summary ...... 3 E1. Project Introduction and the Impact of Land Acquisition and Resettlement ...... 3 E2. Resettlement Principles and Compensation Qualification ...... 4 E5. Institutional Arrangement ...... 5 E6. Cost Estimation and Resettlement Plan ...... 5 E7. Monitoring and Evaluation ...... 6 1.1 Background ...... 7 1.2 Project Description ...... 9 1.2.1 Construction Scope ...... 9 1.2.2 Construction Content and Scale ...... 9 1.3 Land Acquisition and Resettlement Impact of the Project ...... 12 1.4 Preparation of the Resettlement Planning ...... 12 Chapter 2 Land Acquisition and Resettlement Impact ...... 15 2.1 Measures to lower down influences due to relocation and land acquisition of the project and range and land acquisition...... 15 2.2 Appraisal procedure for influences due to land acquisition and relocation ...... 16 2.3 Range of influences due to land acquisition and relocation ...... 17 2.3.1 Summary of influences due to land acquisition and relocation ...... 17 2.3.2 Influences of different type of loss due to land acquisition and relocation 19 Chapter 3 Social and Economic Profile of the Affected Districts and Populations ...... 26 3.1 Social and economic profile of Chongzuo Municipality ...... 26 3.2 Summary of social and economic status of the affected region and population ...... 27 3.2.1 Demographical features of the affected population ...... 28 3.2.2 Status of removal and demolition of cultivation buildings, facility buildings, cofferdams and net cages within the affected area ...... 30 3.2.3 Use of land ...... 30 3.2.4 Economic status of the residents ...... 31 3.2.5 Vulnerable groups ...... 32 3.3 Gender Analysis ...... 33 3.3.1 Gender difference on education ...... 33 3.3.2 Gender difference on vocation and income ...... 34 3.3.3 Expectations of different gender towards settlement ...... 34 Chapter 4 Announcement of information of public participation ...... 36 4.1 Strategy of public participation ...... 36 4.2 Ways and modes of public participation ...... 36 4.3 Public participation in the course of preparation of relocation report .... 36 4.4 Women participation ...... 38 4.5 Information disclosure ...... 38 4.5.1 Handbook of resettlement information ...... 38 4.5.2 Distribution of the Resettlement Plan...... 38 4.6 Plan for public participation during the process of implementation of the Resettlement Plan ...... 39 Chapter 5 Appeal and Complaint Procedure ...... 41 Chapter 6 Legal Framework and Policies ...... 43 6.1 Practicable laws and regulations and policies for relocation and land acquisition ...... 43 6.2 ADB involuntary resettlement policy ...... 44 6.3 Related laws and regulations of the People's Republic of China ...... 45
6.3.1 The Decision on Further Carrying out the Reform and Rigorously Conduct Land Administration GUO FA [2004] No. 28 ...... 46 6.3.2 The Land Administration Law of the People‟s Republic of China ...... 46 6.3.3 Regulations on the Administration of Urban House Dismantlement of the People‟s Republic of China ...... 47 6.3.4 Measures for Implementation of “the Ordinance of the Administration of Urban House Dismantlement” issued by Guangxi Zhuang Autonomous Region 48 6.3.5 Detailed Laws and Regulations for the “ Ordinance of the Administration of Urban House Dismantlement” issued by Guangxi Zhuang Autonomous Region ...... 50 6.4 Discrepancies between policies of China and ADB ...... 52 6.5 Compensation standards and principles ...... 54 8.1 Targets and Principles of Resettlement Plan ...... 65 8.2 Compensation and Resettlement Plan ...... 65 8.2.2 Resettlement Scheme of Affected Households Engaged in Aquaculture 67 8.3 Special Attention during the Resettlement Progress ...... 74 9.1 Compensation and Resettlement Estimation ...... 77 Chapter 11 Organizational Framework ...... 85 11.1 Establishment of project Resettlement institution ...... 85 11.2 Responsibility ...... 88 11.3 Institutional capacity enhancement ...... 90 Chapter 12 Supervision, Monitoring, Evaluation and Reporting ...... 92 12.1 Internal Supervision ...... 92 12.2 External monitoring and evaluation ...... 93 12.3 Requirements for reporting ...... 95 Appendix 2 Working Outline of External Monitoring and Evaluation ...... 112
Abbreviations and Measurement Units AAOV Average annual agricultural output value ADB Asia Development Bank AFs Affected families AHs Affected households AP Affected person ASEAN Association of Southeast Asian Nations Beijing Environmental Science and Technology BESTCCL Consulting Co., Ltd BP Bank Policy Chongzuo Urban Construction and Investment Co., CCUCICL Ltd CHDAO Chongzuo Housing Demolition Administration Office CPMO Chongzuo Project Management Office CLRB Chongzuo Land Resource Bureau DI Design Institute DMS Detailed Measurement Survey EA Executive Agency EMs Ethnic Minorities F Female FSR Feasibility study report GDP Gross domestic product GUANGXI ZHUANG Guangxi Zhuang Autonomous Region AUTONOMOUS REGION HHs Households IA Implementing Agency IMA Independent Implementing Agency LAR Land Acquisition and Resettlement LRB Land Resource Bureau M Male M&E Monitoring and Evaluation MLG Minimum living guarantee MRM Management review meeting OM Operation manual OP Operation procedure PLG Project leading group PMO Project management office PPTA Project preparation and technical assistance PRC People's Republic of China RIB Resettlement information brochure RO Resettlement office RP Resettlement plan S&T Science & Technology ToR Term of reference US$ US dollar VCs Village committees WF Women's Federation km2 Square meter % Percentage ≤ less than or equal to ≥ greater than or equal to mu Chinese land area unit 1 mu =1/15 hectare （ 1
hectare =15 mu） Chinese Currency Yuan 1Yuan=1/6.83 US Dollar（1 CNY US Dollar=6.83 Yuan）
Executive Summary
E1. Project Introduction and the Impact of Land Acquisition and Resettlement
1. Shuikou Lake Environmental Improvement Project is located in Shuikou Lake area, the south of Longxiashan Forest Park, the east of Class II Ningming Road, the west of Lianchengnan Road, about 2 km away from Municipal People‟s Government of Chongzuo City. The Chengnan District which is the center of the city‟s administration, commerce, finance, culture, sports and trade, is located in the east of the Project area.
2. In recent years, on the one hand, Shuikou Lake and its surroundings are being suffered from the impact of cofferdam breeding, optional building and construction, water loss and soil erosion, dumping or piling up garbage at will, which leads to the increasing lake area shrink, great reduction of storage capacity, and sharp decreasing of flood storage capacity. On the other hand, indiscriminate discharge of the surrounding industrial and agriculture contaminants and overloading breeding have gradually exceeded the Shuikou Lake‟s water self-purification ability, and the environment conditions of Shuikou Lake is deteriorating.
3. Through conducting a comprehensive management of Shuikou Lake and its surrounding pollution sources from the around industry, agriculture, living and livestock, the project shall control the pollutants amount when entering into the water source, fix the polluted water body and the damaged aquatic ecosystem, guarantee a good condition of the Shuikou Lake water quality, recover reasonable structure and perfect function of the lake and river ecosystem and let them into a virtuous circle, as well as make Shuikou Lake always maintain good environmental conditions. Ensure the environment construction go first, avoid repetition and waste caused by "treatment after pollution”, and reach the renovation objectives at one time. At the same time, through the implementation of environment management of Shuikou Lake, cofferdam unclogging, lake dredging, ecological restoration, revetment programme, the lakeside road engineering and some other measures, make Shuikou Lake to be a so-called "Kidney of Chongzuo" and an ecological wetland park, develop the ecological effect, economic benefit and social benefit of wetlands, and build the Shuikou Lake District to be an ecological city with "green hill, clear water and blue sky".
4. The content of the project construction and land acquisition ncludes the following three parts: (1) the lakeside road land is 3.3mu (not included in the lakefront land); (2) the 20 meters wide lakefront land of Shuikou Lake is 284.04mu; (3) the center island land of Shuikou Lake is 187.50mu. A total of 474.84mu collective land is requisitioned, of which the Naqu village occupies 284.04mu and Shuikou village occupies 190.8mu. Due to the permanent land acquisition, 30 families or 150 people will be subjected to the influence of the permanent land acquisition. According to the characteristics of the project, public waters of Shuikou Lake and fishponds formed by cofferdam are not included in the collective land requisition range; its influence is included in the impact range of reclaiming pond from lakes and cage breeding.
5. Due to the permanent land requisition, the project involves 17,512.98m2 illegal imbricated breeding and facilities houses, building belongings, infrastructures and so on built by the relocated residents. The project affects 89 households and 725 people. The Project construction will not involve any residential house
demolishment.
6. In addition, except the normal land requisition and demolishing of the project, Shuikou Lake is also related to historically existing illegal cofferdam ponds and cage breeding. Clear away 513.28mu cofferdam pond, and dismantle 28,045 ㎡ or 847 pieces of net cages on the lake surface. 89 rural households with 406 persons, and 319 employees in 2 units (Flak Regiment and vocational school) will be impacted by dismantling cofferdam ponds and cage breeding. (Among which, cofferdam pond involves 46 households, with 233 family members; cage breeding involves 43 households with 173 family members. All affected families are rural population of Zhuang minority.)
E2. Resettlement Principles and Compensation Qualification
7. The resettlement principles are:
① Under practical circumstances, avoid or reduce the land expropriation and involuntary Resettlement as far as possible; ② Before formally confirming the deadline, all the people live or make a living within the land requisition scope of the project shall be considered as affected people. Whether they are tenants or they have got house proprietary certificate or not, they shall get compensation for all losses, including property and livelihood. They also have the right to get recovery support; ③ Providing compensation and subsidies shall follow the market value and replacement value as the instruction, and the compensation should be sufficient to maintain their living standards to reach the living standards before the project and make some improvement; ④ Vulnerable groups shall get full notice on some preferential policies, such as compensation, the minimum living guarantee, employment and relocation grants; ⑤ All affected people shall be fully informed about the compensation qualification, compensation standard, livelihood and income recovery plan and project arrangements; ⑥ Timely distribute the compensation to the affected people; ⑦ Shall not conduct land acquisition, dismantle or despoil the property of the affected people before the affected people have received satisfactory compensation; ⑧ Resettlement cost will be a part of the project cost; ⑨ Develop careful monitoring and take actions promptly to find and solve all the problems.
8. For people losing land, there are two resettlement options: i) cash plus reserved reconstruction land; and ii) cash compensation. The owners of the non-residential structures and removed coffer weirs fish ponds and netcage aquaculture boxes will be compensated in cash, with compensation of relocation allowance and temporary transit subsidy. The PMO, IA, RO, and local government will provide necessary assistance during LAR implementation.
E3. Livelihood Recovery Measures
9. Economic recovery measures include: (i) in the project construction phase, provide 490 individual employment opportunities for the affected people every year; in the operation stage, provide 50 public service positions; (ii) provide social insurance, the local government pays 30%, the village collectives and farmers themselves pay for the remaining 70% (farmers who have lost their land pay 20% of the 40% of the city workers‟ last year average wage,); (iii)
non-agricultural production, including the development of the third industry. Among the total 119 households with 875 affected people, of which 18 households with 118 people will be engaged in "grocery store" business, 23 households with 139 people will be engaged in "catering service", 25 households with 200 people will be engaged in "transportation", 6 families with 42 people will be engaged in "garment", 15 households with 98 people ill be engaged in "taxi", 19 households with 129 people will be engaged in " hotel service", 5 households with 40 people will be engaged in "maintenance", 8 households with 109 people will be engaged in "tourism product sales"; (iv) reconstruction land development, allocation and profit dividends (70% is distributed to the affected people, 30% distributed to the village collective to pay for public service and pension); and (v) provide technical training to improve the 490 affected laborers to help them obtain employment in other enterprises and institutions in the future. In addition, this project will provide the family with one-time relocation subsidies and temporary transition subsidies for the demolition of non-residential building, cofferdam pond and cage breeding.
E4. Public Participation and Appeal
10. Public consulting is the key of resettlement plan preparation. From May 2009 to March 2012, the village committee, other relevant agencies of the project and the affected people carried out a series of consulting activities. The affected people, by means of participating in measurement, social economic survey, the village committee meetings, focus group discussion and household survey, interview, had taken part in the resettlement plan preparation. Their concerned problems and opinions are integrated into the resettlement plan. Complaint procedures have been set up, and the affected people can reflect problems through the following five channels: ① the village committee or Relocation Office; ②the District Government; ③ Chongzuo Project Management Office, Chongzuo Land and Resources Bureau or Chongzuo Land Requisition and Demolishing Office; ④ Land and Resources Bureau of Guangxi Zhuang Autonomous Region, Housing Demolishing Administrative Office of Guangxi Zhuang Autonomous Region; ⑤ take legal actions.
E5. Institutional Arrangement
11. The Project Management Office and the implementation unit will arrange at least 15 full-time staff to take charge of land acquisition and resettlement work. The staff of Relocation Office will work tightly with the village committee, the District Government, Land and Resources Bureau, Housing Demolishing Office and other units that design the resettlement plan, and mainly be responsible for the coordination of project plan, implementation, finance, and the supervision work of land acquisition and resettlement. They will also be responsible for the supervision and monitoring of Resettlement work. Training programs will be entrusted by the Project Office to the independent monitoring mechanism to conduct training for the staff of Relocation Office.
E6. Cost Estimation and Resettlement Plan
12. The revised land acquisition and resettlement cost estimate of the project is 58.65 million Yuan, equivalent to the price of US $8.6428 million in 2012, including contingencies. The LAR is scheduled to begin from December 2012 and complete in June 2013. Civil works can not be started before compensation is paid to APs in full in accordance with recently promulgated State Council Decree #31.
Construction will not take place before the APs are fully compensated, and all arrangements are made to commence the livelihood rehabilitation activities and the APs are registered for these. Internal and external monitoring of the RP implementation will be conducted to ensure successful implementation of the RP..
E7. Monitoring and Evaluation
13. Internal and external monitoring of RP implementation will be conducted. Internal supervision and monitoring will be done by IA and RO to ensure compliance with the provisions of the RP. External M&E will be carried out by IMA under contract to the PMO. External monitoring reports will be directly submitted by the IMA in a timely manner to IA, PMOs and ADB. The first resettlement monitoring report will be submitted by the end of July 2013.
Chapter 1 Introduction
1.1 Background
1. The Shuikou Lake Environmental Improvement Project, is located in the district of Shuikou Lake, Chongzuo City. It is close to the Longxia Mountain in the north and Nanyou Highway in the south. The planning land is close to the West Longxia Road in the east, the planning South Huancheng Road in the south, Ningming Road and the railway in the west and Chengnan Road VI in the north. The planning landscape avenue crosses the whole land from the east to the west, about 2km away from the Chongzuo People‟s Government. The area of the planning red line scope is about 845 hectares. And the total area of the planning scope is about 710 hectares; the water area is about110 hectares.
2. Shuikou Lake is the largest lake in the Chongzuo city. It is also the only lake in the city of the first level branch of Zuojiang River, covering about 1 square kilometer. The lake is in the northwest of the center of the city (the location of the municipal government). It is only 2 km away from the new city center. The north side of the lake is the planning Longxia Mountain Forest Park. There is the Shijinglin protection area with perfect preservation in the upper reach and around the lake. It is endowed by nature in the geographical position. “The wise enjoy mountains, and the humane enjoy water”. Encircled by the great mountains and stone forest, the Shuikou Lake will take a thread of nimbus to Chongzuo city with no doubt.
3. Now because of lack of the efficient rehabilitation and management, the lake area is with excessive aquiculture and animal husbandry, the extensive reclaiming pond with weir, industrial and agricultural pollution with lack of supervision and the abundant water and soil loss. Reclaiming land and pond from the lake for a long time makes the reduction of over a half of the public water area (reclaiming pond from the lake reduces the water area of 40.8 hectares). The water quality of the lake is deteriorated in varying degrees because of the excessive aquiculture (aquiculture with weir and the cage culture), waterfowl and animal husbandry, drainage of the waste water from the industry and agriculture and the domestic sewage. According to the related documents from the Environmental Protection Bureau of Chongzuo city, the water quality of the lake is degraded year by year according to the detection from 2006 to 2008. During the high flow periods of the 3 years, the lake water was the surface water of grade I in 2006, grade II in 2007 and grade III in 2008. Although now the water quality is still appraised as good, the water quality will be further deteriorated if without strong treatment and efficient management. It is very unwilling for the municipal government and people of Chongzuo to see this worse and worse situation. Once the environment of the Shuikou Lake is aggravated, the Longxia Mountain Forest Park and the Shijinglin protection area will be dimmed suddenly. In a certain extent, it even influences the tourism development of Chongzuo. The special geographical position sets a higher demand on the environmental outlook of the Shuikou Lake, which is the requirement of the protective development for the Shijinglin and Longxia Mountain of Chongzuo.
4. In addition, the Shuikou Lake district is in the region of Beibu Gulf with abundant rainfall and water resource, which satisfy the establishment condition of the wetland. With the increasing intensity of the development and utilization, a great deal of original natural vegetation has been replaced by the cultivated vegetation. The animal habitation environment is destroyed and reduced and the wetland area is lessened year by year. With excessive aquiculture and animal husbandry, the extensive reclaiming pond with weir and the industrial development, a lot of waste water has
been flooded into the wetland of the lake, which results in the death of large amount of the vegetation and the aquatic organisms and the reduction of the natural wetland day by day, so strengthening the wetland protection must be done without delay.
5. This project could improve the infrastructure construction of the area and provide a leisure place for the local residents through the rehabilitation of the Shuikou Lake and its periphery region and construction of supporting municipal facility such as lakeside pedestrian path, etc. The construction of the biological wetland will provide a platform of scientific research and education for masses of the elementary and secondary students and citizens. It has a positive significance for improving the living environment, the environmental awareness and the living standard of the citizens.
1.2 Project Description
1.2.1 Construction Scope
6. The scope of the Project will consist of the Shuikou Lake 103.5 m water level retreating 20 m enclosed area (including public water body, coffer weir, central island of the lake, and lakeside area) and land use red line of lakeside road. Of which the upperstream of the lake connects with the head of the Shuikou River (340 m from the irrigated pumping house in Naqu Village) and the downstream to the water dam of the Shuikou Lake.
1.2.2 Construction Content and Scale
7. The construction content of the project contains mainly the environmental management project of the Shuikou Lake area (including the cleaning of the lake surface, desilting of the lakebed and management of the pollution source), removal of the weir project, the dock project, the lakeside pedestrian path and the supporting project. The construction scale contains:
(1) The water area of cleaning of the lake surface and desilting of the lakebed: 78 hectares; (2) Management of the pollution source (drainage district of the pollutant in the lake) which is involving the planning area of 2.7 square kilometers around the lake; (3) The total length of the weir, which is built for the reclaiming pond from the lake, is 7.85km; (4) The dock project: total length is 2.62 km; (5) The total length of the lakeside pedestrian path: 1.57 km.
8. Part of the lake outlook is shown in the following pictures. Diagram 1-1 is the layout of the project. The total investment of the project is 88 million RMB (12.88 million USD). 36 million RMB (5.27 million USD) of loan is applied from the ADB. The supportive fund of the local financial revenue is 27 million RMB (3.95 million USD). 25 million RMB (3.66 million USD) of loan is applied from the domestic banks. The project involves in the riverbank protection, construction of the riverbank road, control of the pollution source, prohibition of the illegal cultivation and removal of the pond by weir and the cage. The Resettlement cost accounts for 62% of the total investment of the project. It is now planned that the project will start in July, 2013 and will finish for inspection and acceptance in the end of June 2015.
Part of the outlook of the Shuikou Lake
Diagram 1-1: The Layout of The Shuikou Lake Environmental Improvement Project of Chongzuo City
1.3 Land Acquisition and Resettlement Impact of the Project
9. The impact numbers for the project are based on the measurement survey, which was done on the basis of the detailed design. The collective land acquired for the construction is 474.84 mu, of which 284.04 mu is in Naqu Village (paddy field is 24.88 mu, vegetable field is 31.42 mu, sugarcane field is 61.26 mu, dry land is 4.71 mu, forest land is 29.98mu, shrubbery land is 29.58 mu, orchard is 8.25 mu, grassland is 46.32 mu, wasteland is 24.08 mu and the housing land is 23.56 mu); 190.8 mu is in Shuikou Village (paddy field is 2.14 mu, vegetable field is 2.75 mu, sugarcane field is 10.11 mu, dry land is 0.13 mu, shrubbery land is 36.31 mu, orchard is 37.24 mu, grassland is 51.22 mu, wasteland is 38.75 mu and the housing land is 12.15 mu). The permanent land acquisition impacts the 30 rural families and 150 rural people.
10. For the permanent land acquisition, the project involves in removing the 17,512.98 m2 illegal buildings like cultivation house and facility house and the appurtenance on the land, infrastructure and special facility and so on, of which 11,612.9 m2 is in Naqu Village, impacting 58 families and 268 people, 5,900.08 m2 is in Shuikou Village, impacting 31 families and 138 people. It impacts 89 rural families and 406 rural people totally. The Project will not involve any residential house demolishment..
11. Besides the normal demolishment for the land acquisition of the project, the Shuikou Lake also involves in the historical illegal or irregular reclaiming pond from lake and cage culture. The project will remove 513.28 mu ponds with weir, 28045 square meters or 847 cages on the lake surface. The demolishment of the pond with weir and the cage culture will impact 89 AHs with 406 AP as well as 2 units (the antiaircraft gun regiment and the vocational school) with 319 AP, of which 46 AHs with 233 AP will be impacted by the pond with weir and 43 AHs with 173 AP impacted by the cage culture, of which 21 AHs with 77 AP are in Naqu Village and 22 AHs with 96 AP in Shuikou Village. All the AHs impacted by the demolishment of the pond with weir and the cage culture will be also impacted by the demolishment of the aquaculture and facility. All the impacted people are rural population Resettlement Zhuang nationality.
1.4 Preparation of the Resettlement Planning
12. The Resettlement planning is drafted by BESTCCL on behalf of CCUCICL. The content conforms to the “Involuntary Resettlement Policy of ADB” as well as the related laws and regulations of Chongzuo city, Guangxi Zhuang Autonomous Region and PRC. The resettlement scheme shall be approved by the Chongzuo Government and ADB.
13. The preparation of the resettlement scheme is drafted according to the following related project document, legal document, public participation and the consultancy result.
(i) Design basis The detailed design of the project; The annual plan of Chongzuo city of 2011; General planning for the city development of Chongzuo; The “11th Five-Year Plan” of Chongzuo city.
(ii) The basis of the law and policy “The Decisions on Deepening Reform and Being Strict on Land Management of the State Council” (Guo Fa [2004] No. 28) (Oct. 2004);
“Land Management Law of the People's Republic of China” (Amended in 2004); “Enforcement Rule of the Land Management Law of PRC” Dec. 1998; “The Announcement about the Adjustment of the Collection Level of the Paid-use Charge of the Newly- increased Land for Construction Use by the Ministry of Finance and Ministry of Land Resource” (Cai Zong [2002] No. 93); “The Temporary Regulation for Land Use Tax of PRC” (2008); “Land Management Law of PRC” by Guangxi Zhuang Autonomous Region (2001); “Urban Real Estate Management Law of PRC” (Amended in 2007); “Guidelines for the Appraisal for the Demolishment of the Urban House”(2004); “Regulations for the Demolishment of the Urban House” (Enforced in 2001); “Details of Implementing the Urban Housing Demolition Management Regulations by GUANGXI ZHUANG AUTONOMOUS REGION” (2003); “Enforcement Regulation in GUANGXI ZHUANG AUTONOMOUS REGION for „The Management Regulation for the Planning and Construction of Villages and Market Towns‟” (The 15th decree of the People‟s Government of GUANGXI ZHUANG AUTONOMOUS REGION); “On the Issuing Announcement of „‟Removal Compensation and the Base Standard of the Annual Average Output Value of the Acquired Land for the Construction Use of the Major Project of Infrastructure of GUANGXI ZHUANG AUTONOMOUS REGION”(Gui Fa Gai Fa Gui [2009] No. 52); The Enforcement in GUANGXI ZHUANG AUTONOMOUS REGION of “The Temporary Regulation for Land Use Tax of PRC” (2008) (Gui Zheng Fa [1987] No. 88, 59); “Reply for the Compensation Standard of the Land Acquisition and Expropriation for the Urban Construction of Chongzuo” Chong Zheng Han [2010] No. 21; “Reply for the Compensation Standard of the Acquisition of Water Tank and Pond for the Urban Construction of Chongzuo” Chong Zheng Han [2010] No. 95; “Reply for the Agreeing the Compensation Standard Adjustment for Acquisition of the Green Crops and the Appurtenance on the Land for the Urban Construction (Industrial Park) of Chongzuo” Chong Zheng Han [2011] No. 74; “Involuntary Resettlement Policy” by ADB (Manila, 1995); “Resettlement Handbook-Practical and Feasible Practice Guideline” by ADB (Manila, 1998); “Gender Issue in the Removal and Settling of the Land Acquisition” by ADB (Manila, Feb, 2003) “Settling Operation Handbook: BP & OP” (Manila, 2006).
(iii) Public participation and the community consultancy activity Interviewing the impacted area; Having consultancy meeting with the district government and the village leader, representatives and the impacted people between May 2009 and September 2009; Sampling investigation for the social and economic conditions of AHs between July and August of 2009;
Investigation information of the Resettlement for land acquisition between July and August of 2009; Team discussion for the important group during the stage of project technology assistance of ADB between July and August of 2009; Consultancy seminar on the environment and resettlement between May and July of 2009; Skill training and income recovery assistance for the villagers and peasants in the impacted area between January 2010 and February 2012. Issuing the “Announcement of the Land Acquisition” and “Announcement of Hearing” by LRB on March 22, 2012.
14. The resettlement plan contains: ① avoiding and reducing the impact of the resettlement of land acquisition with the optimized design program; ② the RP is drafted according to the physical index and compensation standard; the goal of the resettlement scheme is to improve the living standard of the AP, not lower than the former standard at least; ③ improving to develop the resettlement development; ④ encouraging the AP to take part in the preparation of the resettlement plan, especially the women; ⑤ thorough consideration of the right of women in the project.
Chapter 2 Land Acquisition and Resettlement Impact
2.1 Measures to lower down influences due to relocation and land acquisition of the project and range and land acquisition
15. To avoid influences due to relocation and land acquisition and lower them down to the lowest extent, the scheme selected by the Renovation Project of Shuikou Lake of Chongzuo City has been carefully verified and the most optimized scheme has been selected. Taking into consideration of reduction of influences due to relocation and land acquisition and loss of life and property, following measures for settlement of relocation are adopted:1) strict control of scope of land acquisition through surveying and mapping of coordinates; 2) keep away from rural homesteads, protected woodlands, communication pipelines and enterprises/public institutions to the greatest extents.
16. Based on this principle, this project has made comparison among different schemes. Scheme One: raise the water dam of Shuikou Lake by 0.5 meter, thus the water level of it will come up to 104.0 meters; through removal of cofferdams for fish ponds and paddy fields, the water area of Shuikou Lake will increase by about 18.5 hectares, thus the total area of it will reach to 98 hectares (including the area of the central island) and the water-holding capacity will be raised by about 415 thousand square meters.Scheme Two: maintain the existing elevation of the water dam of Shuikou Lake, i.e. keep the normal water level of 103.5 meters unchanged, just remove the cofferdams for fish ponds around the lake to allow the water area of the lake to increase by about 40.8 hectares, thus the total area of the lake will reach to 90.5 hectares and the water-holding capacity of the lake will be raised by 25 thousand square meters.
17. Since Scheme One involves in submerge of about 75 mu paddy fields, and parts of paddy fields are not included in the scope of reclaimed land from marshes, and more over, acquisition of land in the paddy fields will cause certain influences on living and production of local inhabitants, acquisition of land in paddy fields should be at the least extent in case it's not necessary. Besides, influences caused by this scheme from point of view of land acquisition and removal of buildings are larger than that of Scheme Two. In this case, Scheme Two is taken into consideration as the implementation plan of the project.
Table 2-1：Schemes for comparison and selection to reduce influences due to land acquisition and demolition Before implementation of the measures After implementation of the measures (Scheme I) (Scheme II) Buildings Buildings for for cultivation Affected cultivation District/village Affected Affected Land Affected Land purpose families purpose families persons acquisition persons acquisition and (household and (household) (person) (mu) (person) (mu) facilities ) facilities (square (square meters) meter) Yanshan Community, Taiping 150 816 22,415.22 549.84 119 875 17,512.98 474.84 Town, Jiangzhou District Total 150 816 22,415.22 549.84 119 875 17,512.98 474.84
2.2 Appraisal procedure for influences due to land acquisition and relocation
18. Demarcation of the influences mainly depends on data, questionnaires, surveys and measurements and information from field visits, site/conference interviews and personal interviews etc.
19. Under supervision of the Project Office and the implementing units, the government and the Village Committee of Jiangzhou District launch an all-around property/social economic survey from June 2009 to August 2009 to obtain needed data and had prepared the relocation plan. The survey had supplied such basic data as the affected scope, calculated the loss brought about by land acquisition and relocation, influences on social economy, rehabilitation program of livings of the affected people, budget and appraisal of surveillance. Because of various reasons, the project could not be carried forward according to the original plan. Amid the period between 2010 and 2012, the government of Jiangzhou District and the Project Office had conducted necessary explanation and publicity works to the affected villagers, carried out necessary surveillance on the affected regions, prevented occurrence of pre-emptive building and planting and had deployed skill training to the affected people and assistance to rehabilitate their income. To conduct land acquisition well, the National Land and Resource Bureau of Chongzuo City had issued the “Announcement of Land Acquisition Situations” and the “Notification of Hearing” on March 22, 2012, re-confirmed the range of land acquisition and held a hearing conference to sufficiently listen to opinions and demands of the people affected. In May 2012, under assistance of the Municipal Land Acquisition and Demolition Office, the enforcement body had conducted re-measurement and verification to the buildings (mainly for cultivation purpose), attachment buildings, net cages on the lake and ponds built through cofferdam-making within the range of the affected land. Quantity of net cages and cofferdams on the lake is increased to some extent. This is mainly caused by the cultivating farmers who increased their scale of cultivation/breeding while number of affected people and families are not changed. Details are given in the summary of the following.
20. This project will cause influence on land, buildings and attachment buildings on the surface, including infrastructure and special facilities. Quantity and variety of
buildings to be demolished and land to be requested have been investigated by survey in the affected people. Representatives of the affected villages have consulted over problems of relocation and land acquisition in the Plan and the Standard of Compensation.
2.3 Range of influences due to land acquisition and relocation
2.3.1 Summary of influences due to land acquisition and relocation
21. According to the influences that have been demarcated, construction of project needs totally collectively-owned land by 474.84 mu, has to demolish 17,512.98 ㎡ of cultivation and facility buildings which are built illegally, attachment buildings and infrastructures etc, and at the mean time will clear up 513.28 mu illegal ponds built through cofferdam-making, will remove 847 net cages (or 28,045 square meters) that locate on the lake surface. Besides, related attachment buildings, infrastructures and special structures will be demolished because of construction of the project. Summary of the influences due to relocation and land acquisition is provided in Table 2-2. 30 families who lose their land and 89 families who lose their cultivation of aquatic product are greatly affected.
Net cage cultivation/breeding at down Fish ponds built through stream cofferdam-making
Table 2-2：Summary of influences due to land acquisition and relocation Sum of families and people Demolition of cultivation Demolition of net cages and ponds built Administration Permanently requested land affected by buildings through cofferdam-making demolition and land acquisition Net cages Requested collectively-owned land Pond-building State- on lake Total area Total area Affected Affected through Affected Affected Affected Affected District Township Village own surface (mu) Total Affected Affected (mu) families people cofferdam- families people families people land (square m area (mu) families people making (mu) /pcs.) Naqu 4,744/ Yanshan 284.04 0 284.04 16 83 1,1612.9 58 268 386.25 58 268 74 351 Jiang Village 143 Commun-i zhou Shuikou 23,301 / ty 190.80 0 190.80 14 67 5,900.08 31 138 60.53 31 138 45 205 Village 704 Governmental organs and public 66.5 2 319 2 319 institutions Total 474.84 0 474.84 30 150 1,7512.98 89 406 513.28 28,045 / 847 89(2) 725 119 875 Note: Number of families and people affected by demolition of cofferdam-made ponds and removal of net cages will also be affected of demolition of cultivation buildings and facility buildings.There are two public institutions and 319 persons are affected.
2.3.2 Influences of different type of loss due to land acquisition and relocation
2.3.2.1 Permanent land acquisition
22. According to demarcated influences, construction of this project needs to acquire a total of 474.84 mu of collectively-owned land, in which 284.04 mu belong to Naqu Village and 190.8 mu to Shuikou Village. Due to permanent land acquisition, 30 families with 3x 150 people are affected. After land acquisition, construction will be done according to the Renovation Engineering Plan of Shuikou Lake. Influences due to permanent land acquisition of this project are shown in Table 2-3. See section 2.3.3 for influences caused by loss of land.
Table 2-3：Influences due to permanent land acquisition of the project Collectively-owned land Dry Affecte Village Paddy Affected Vegetable Sugarcane land Woodland Shrubwood Orchard Grasslan Wasteland Homeste d name field Total families field (mu) field (mu) (mu (mu) (mu) (mu) d (mu) (mu) ad (mu) people (mu) ) Naqu 24.88 31.42 61.26 4.71 29.98 29.58 8.25 46.32 24.08 23.56 284.04 16 83
Shuikou 2.14 2.75 10.11 0.13 0.00 36.31 37.24 51.22 38.75 12.15 190.80 14 67
Total 27.02 34.17 71.37 4.84 29.98 65.89 45.49 97.54 62.83 35.71 474.84 30 150
2.3.2.2 Temporary occupation of land
23. As to construction of this project, storage of equipments and material will be within the range of permanently requested land, so no temporary occupation of land is needed.
2.3.2.3 Demolition of non-residential buildings and their attachments
24. Due to permanent acquisition of land, this project involves in demolition of 17,512.98 m2 of cultivation buildings and facility buildings that have been built illegally by local residents, of which 11,612.9 m2 belong to Naqu Village where 58 families with 268 people are affected and 5,900.08 m2 belong to Shuikou Village where 31 families with 138 people are affected. Related attachments, special equipments and infrastructure of totally 89 families with 406 people will also be affected. All of these cultivation buildings and facility buildings bear no Certificate of Property Right. Details shown in Table 2-4 are affected cultivation buildings, facility buildings and their attachments which are built provisionally by the villagers.89 families will not lose their housings, however, affected by demolition of their cultivation buildings and part of their incomes will be lost. See following section 2.3.3 for the economic influences caused by demolition of non-residentialbuildings.
Table 2-4 are affected cultivation buildings, facility buildings and their attachments which are built provisionally by the villagers. Yanshan Community of Jingzhou District Item Unit Naqu Village Shuikou Village Total Families affected Family 58 31 89 People affected capita 268 138 406 Total area of demolished buildings Square meter 11,612.90 5,900.08 17,512.98
Yanshan Community of Jingzhou District Item Unit Naqu Village Shuikou Village Total Framed buildings Square meter 325.50 891.50 1,217.00 Brick buildings Square meter 1,177.00 1,950.00 3,127.00 Keekwilee buildings Square meter 8,759.84 0 8,759.84 Makeshift houses Square meter 382.50 869.90 1252.4 Cattle rooms Square meter 523.70 1,574.13 2,097.83 Huts Square meter 251.82 525.35 777.17 Damaged houses Square meter 148.6 89.20 237.8 Pumping station Square meter 43.94 0.00 43.94 Attachments Lavatories (three) Square meter 4.2 2.5 6.7 Cisterns (five) Square meter 25.40 19.06 44.46 Concrete grain-sunning grounds(two) Square meter 700.1 750.0 1,450.1 Stone steps (0.5 m width) Square meter 87 105 192 Boundary walls meter 425 261 686 Fences meter 260 125 385 Note: Quantity of people who are affected by both demolition of non-residentialbuildings and of cofferdam-made fish ponds and removal of cultivating net cages (46 households with 233 people of cofferdam-made fish ponds, 43 households with 173 people of cultivating net cages).
2.3.2.4 Influences on cofferdam-made ponds and net cage cultivation
25. In addition, except for the normal demolition and land acquisition, this project also involves in demolition of historically-existed illegal cofferdam-made ponds and net cage cultivations, where in 513.28 mu of cofferdam-made ponds are affected (386.25 mu belong to Naqu Village, 60.53 mu to Shuikou Village, 54 mu to the Anti-aircraft Gun Brigade and 12.5 mu to the vocational school), 28,045 square meters or 847 net cages on the lake will be cleared up, whereby totally 89 families/406 people are affected. Families and people who are affected by demolition of cofferdam-made ponds and removal of net cage cultivations are included in the range of demolition of cultivation buildings and facility buildings. Details shown in Table 2-5 are influences on demolition of cofferdam-made ponds and net cage cultivations.89 families will lose part of their incomes. Economic influences brought about by demolition of cofferdam-made ponds and net cages are shown in the following 2.3.3 section in detail.
Table 2-5：Affected Coffer Weir Fish Ponds and Net & Cage Aquaculture Boxes Net cage cultivation Area of Feeding cages Ecological cages Affected Affected Affected village cofferdam-made Area Area families people ponds (mu) No. No. （m2） （m2） Naqu 386.25 37 191 Shuikou 60.53 9 42
Subtotal 513.28 46 233 Naqu 56 2612 13 56 Shuikou 550 18313 17 81 Subtotal 606 20,925 30 137 Naqu 87 2132 8 21 Shuikou 154 4,988 5 15 Subtotal 241 7,120 13 36
Anti-aircraft Gun Brigade 54 1 213 Vocational school 12.5 1 106 Subtotal 66.5 2 319 89（2） 406 Total 513.28 606 20,925 241 7,120 （319）
2.3.2.5 Infrastructure and special facilities
26. Some infrastructures and special facilities will be affected. Details shown in Table 2-6 are infrastructures and special structures.
Table 2-6：Affected infrastructure and special facilities Item Unit Naqu Village Shuikou Village Total Rebar-reinforced concrete high piece 8 6 14 voltage electric poles Rebar-reinforced concrete low piece 23 15 38 voltage electric poles Rebar-reinforced concrete piece 6 6 12 communication electric poles Substations set 2 1 3
2.3.2.6 Affected quantity of households and people
27. In general, this project will need to request the land collectively owned by the two villages of Yanshan Community of Jiangzhou District, where 30 households with 150 people are affected. Wherein, 16 families with 83 people in Naqu Village and 14 families with 67 people in Shuikou Village are affected. Demolition of the cultivation buildings, net cages and cofferdam-made ponds that were temporarily built will affect 89 families with 406 people, wherein 58 families with 268 people belong to Naqu, 31 families with 138 people to Shuikou, which include 319 employees in the Anti-aircraft Gun Brigade and the Vocational School. Removal of net cage facilities on the lake will affect 58 families with 268 people of Naqu Village and 31 families with 138 people of Shuikou Village. In total, land acquisition and demolition of the project will totally affect 119 families and 875 people. All the affected are rural population of Zhuang Nationality, who are minority people. Details shown in Table 2-7 are summary of the affected quantity of families and people.
Table 2-7：Summary of affected families and people Influences due to Total amount of Influences Influences due to removal and households and due to permanent acquisition demolition of on-lake people affected Administration demolition of of collectively-owned net cages and by land cultivation land cofferdam- acquisition and buildings made ponds demolition Total area District Township Village families people families people families people families people (mu) Jaing- Naqu 284.04 16 83 58 268 58 268 74 351 Yanshan zhou Shuikou 190.80 14 67 31 138 31 138 45 205 Enterprise and public 2 319 2 319 institution Total 474.84 30 150 89 406 89) 406 (319) 119(2) 875
2.3.2.7 Impacts on the vulnerable groups
28. In those families affected by the Shuikou Lake project, 6 households are “Household Enjoying Five Guarantees”, 8 households are Households supported by Lowest Living Standards, 2 households have disabled members families, 3 families women-based. 19 households with 66 people of the total number of the affected families (occupying a 16% rate of the total affected 119 households) are demarcated as vulnerable groups. Details shown in Table 2-8 are varieties and quantities of vulnerable groups that are affected by the project.
Table 2-8：Varieties and quantities of vulnerable groups Affected vulnerable groups (number of persons) Variety of vulnerable groups Naqu Village Shuikou Village Househol Househ People People ds olds “Households Enjoying Five 1 4 4 2 2 Guarantees” Households whose living standard are under the lowest 5 28 3 14 living allowances 2 Invalid households 2 5 0 0 Women-based families 2 8 1 5 Total 13 45 6 21 Note: 1 Families Given/With/Receiving/Enjoying Five Assurances/promises; and, 2 Households living under MLG are classified as the poor households.
2.3.3 Evaluation of influences
2.3.3.1 Loss of land
29. This project involves in acquisition of 474.84 mu collectively-owned land and affects 30 households with 150 persons. Part of the land owned by two villages, range of which is differently from 20% to 60%, will be requested. Loss rate of collectively-owned land of the villages is 10.13% and loss rate of cultivated land owned by the villages is 3.52%. Analysis on land loss is based on the loss of cultivated land and the related loss of incomes. Loss of cultivation activities includes 100% of the losses of income brought about by cofferdam-made fish ponds and net cages. Details in Table 2-9a are the land loss rates of the affected households in the
region of the project. Details in Table 2-9b are the analysis of land loss for the affected villages. Table 2-10 provides analysis on the influences due to land acquisition and removal of on-lake cultivation net cages and demolition of cofferdam-made ponds.
Table 2-9a：Land loss rate of households affected by the project Affected households of Rate of lost land Affected households of Naqu Village Shuikou Village < 10% 0 0 10% - 20% 0 0 20% - 30% 2 4 30% - 40% 4 2 40% - 50% 7 6 50% - 60% 3 2 70% - 80% 0 0 90% - 100% 0 0 Total 16 14 Remark: in the table, only loss rates of land that are permanently acquired by this project are calculated.
Table 2-9b：Analysis on land loss brought about by permanent land acquisition Before land acquisition Land used by the project Rate of land loss Total Wherein Wherein Remaining area Total Total Farming Village Total People farming Households People farming farming of requested requested fields households affected fields affected affected fields fields(mu) land area (mu) rate（%） （%） (mu) (mu) (mu) Naqu 148 591 2,894 2,500 16 83 284.04 122.27 9.81 4.89 2,377.73 Shuikou 76 373 1,794 1,400 14 67 190.80 15.13 10.64 1.08 1,384.87 Total 224 964 4,688 3,900 30 150 474.84 137.40 10.13 3.52 3,762.60
Table 2-10 Analysis on the influences caused by land loss, removal of on-lake cultivation net cages and demolition of cofferdam-made ponds No. Naqu Village Shuikou Village I. Influences 1 Affected households 16 14 2 Affected agricultural population 83 67 Number of households engaging in 3 cofferdam-made fish ponds and net cage 58 31 cultivation Number of persons engaging in 4 cofferdam-made fish ponds and net cage 268 138 cultivation 5 Land acquisition (mu) 284.04 190.8 Per capita cultivated land before land 6 4.23 3.75 acquisition (mu) Per capita cultivated land after land 7 4.02 3.71 acquisition (mu) Land loss rate of land collectively-owned by 8 9.81% 10.64% the village 9 Loss rate of collective income of the village 0.04% 0.01% Loss rate of demolition of cultivation 10 100.00% 100.00% buildings 11 Loss rate of cofferdam-made ponds 100.00% 100.00% 12 Loss rate of net cage cultivation 100.00% 100.00% Rate of economic loss caused by removal 13 of cultivation buildings, net cages and 100.00% 100.00% cofferdam-made ponds II. Source of income (%) Agriculture (plantation, fishing and animal 14 73.17% 70.49% husbandry) 15 Manufacturing 1.62% 6.56% 16 Service 25.20% 22.95% Total household annual disposable 17 14300 13900 income (average) III Rate of land loss – compartmented by households 18 < 10% 0 0 19 > 10% - 30% 2 4 18 > 30% - 50% 4 2 19 > 50% - 70% 7 6 20 > 70% - 90% 3 2 21 > 90%-100% 0 0 22 100% 0 0 23 Total 16 14 IV Rate of land loss – compartmented by affected population 24 < 10% 0 0 25 > 10% -30% 11 21 26 > 30% - 50% 20 9 27 > 50%-70% 35 27 28 > 70% - 90% 17 10 29 > 90%-100% 0 0 30 100% 0 0 31 Total 83 67
No. Naqu Village Shuikou Village Rate of loss of cofferdam-made ponds and net cage cultivations – compartmented by V affected households 32 < 10% 0 0 33 > 10% -30% 0 0 34 > 30% - 50% 0 0 35 > 50%-70% 0 0 36 > 70% - 90% 0 0 37 > 90%-100% 0 0 38 100% 58 31 39 Total 58 31 Rate of loss of cofferdam-made ponds and net cage cultivations – compartmented by VI affected population 40 < 10% 0 0 41 > 10% -30% 0 0 42 > 30% - 50% 0 0 43 > 50%-70% 0 0 44 > 70% - 90% 0 0 45 > 90%-100% 0 0 46 100% 268 138 47 Total 268 138
Chapter 3 Social and Economic Profile of the Affected Districts and Populations
3.1 Social and economic profile of Chongzuo Municipality
30. Chongzuo Municipality of Guangxi locates in the south-western part of Guangxi Zhuang Autonomous Region, shares the same border with Vietnam Socialist Republic and holds a borderline of 533 kilometres long. Chongzuo governs Jiangzhou District, Fusui County, Daxin County, Tiandeng County, Ningming County, Longzhou County and Pingxiang City with an area of administration of 17.3 thousand square kilometres, wherein the built area of the city proper occupies an area of 22 square kilometres bearing 160 thousand of population. By the end of 2010, Chongzuo's population is 2,435,200, in which 2,169,500 are such minority people as Zhuang, Yao, Miao and Jing etc. Area of cultivated land in Chongzuo City is 519.8 thousand hectares, namely 1.55 mu of cultivated land per capita, which is higher than the average level of Guangxi Autonomous Region. Area of woodland in Chongzuo is about 880 thousand hectares while percentage of forest cover is 52.9%. According to “the Urban Master Planning of Chongzuo City” (2002-2020), the urban nature of Chongzuo City is: transportation junction in the south-western part of Guangxi, a modernized city with beautiful landscape of hills and waters which boats its advanced economic development with its local characteristics, with tourism as its leading head, with processing industries deepening processing of abundant resources with its endeavour to cultivate its scientific research industries. Future development targets of Chongzuo City are: a central city located in the south-western part of Guangxi Zhuang Autonomous Region characterized by sub-tropical agriculture, border industry, international trading, frontier tourism and gardens of hills and waters, on the road access to China-ASEAN Free Trade Zone.
31. The society and economy have been developing steadily since the establishment of official listing of Chongzuo City in August 2003. During the period of the 11th Five Year Plan, the average increase rates per year of main economic indices of Chongzuo City are all above two digits and Chongzuo has acquired the achievement of “13 Doublings”. Comparing 2010 with 2005, the value of regional gross domestic production of the whole city has be raised to 39.237 billion yuan from 15.113 billion yuan; GDP per capita has been increased to 18,734 yuan from 6,566 yuan; added value of tertiary industries has increased to 12.841 billion yuan from 5.217 billion yuan; financial income has increased to 4.75 billion yuan from 1.67 billion yuan; investment of the whole society in fixed assets has increased to 30.88 billion yuan from 5.28 billion yuan; total amount of import/export has increased to 3.73 billion USD from 490 million USD; total resale of consumer goods has increased to 6.11 billion yuan from 2.69 billion yuan; actual utilized foreign funds has increased to 20.51 million USD from 8,68 million USD; outstanding of deposits in financial institutions has increased to 31.248 billion yuan from 11.853 billion yuan; loan balance in financial institutions has increased to 16.188 billion yuan from 4.349 billion yuan; per capita disposable income of urban residents has increased to 15,620 yuan from 7,102 yuan; and net per capita income of farmers has increased to 4,621 yuan from 2,298 yuan.
32. The urban planning and construction of Chongzuo City is under stable stepping-up. Chongzuo is to persist in its city motto of Build and Revitalize a City of Characteristics, to speed up construction of urban infrastructure, to continuously widen urban space with characteristics, and to build renowned borderland cities and townships, while holding ecology, Zhuang Nationality,
ASEAN and Modern as characteristics. During the period of the 11th Five Year Plan, totally 6.5 billion yuan were invested in the construction of the central city. 35 projects are totally started up to mark to beginning of the Three Year of the Great Battle for Urban Construction. Road network of the first and the second phases of construction in the urban area has basically been finished, thus urban roads have been increased to 46 kilometres / 17,720 thousand square meters from 19.76 kilometres/345 thousand square metres before the establishment of the city. Built area of the central part of the city has increased to 22 square kilometres from 5 kilometres in 2005 and the population has increased to 160 thousand from 80 thousand.
33. Chongzuo City is abundant in tourist and mineral resources. Main tourist sightseeing spots are: Huashan Fresco in Ningming County, which are ruins of culture of the ancestors of Zhuang nationality; Detian Waterfalls in Daxin County, which is the biggest cross-border waterfall of its kind in Asia, crossing the border of Vietnam and China; Chongzuo Ecological Park, which is the habitat of white-headed langur---- an rare animal in the world; and such tourist sites as Friendship Pass in Pingxiang City, ruins and dinosaur fossils in Fusui County, red tourist sites in Longzhou County, Xiaoliancheng in Longzhou County, Zuojiang Leaning Tower and Chongzuo Stone Forest etc, in which Huashan Tourist Site in Ningming County is a national resort, and Huanshan Fresco in Ningming, the Friendship Pass and Daliancheng in Pingxiang and Xiaoliancheng in Longzhoui are key cultural relics protected by the nation. Visitors visiting the above mentioned tourist sites reach 3,721,500 all through the year.
34. Important mineral resources in Chongzuo City are manganese ore, iron ore, bentonite, rare earth and zinc/lead ore, in which probed reserve of manganese is 149 million tons, bentonite 640 million tons and available reserve of iron core nearly a hundred million tons.Renowned local products are cane sugar, cement, rosin, star anise, lychee, longan, banana, Kuding tea, bombyx mori cocoon and sisal etc. Chongzuo is the national production base of commercial sugar and subtropical fruits.
3.2 Summary of social and economic status of the affected region and population
35. In July and August of 2009, under leadership of the Project Office and under guidance of implementing institutions, Naqu Village and Shuikou Village of Yanshan Community carried out household social economic survey in the affected area. And, on this basis, in March 2012, revised and updated household social and economic survey in same region was done. Main objectives of this investigation are: (i) to compile social and economic information of the people who are affected by the Project and will lose their land and property; (ii) to acquire information if the people who are affected have full understand of the Project; (iii) to determine what kind of mode the affected people will select for their loss due to land acquisition, demolition of buildings and income recovery.
36. This survey through staff meeting has covered all affected households in Naqu and Shuikou Villages of Yanshan Community. Totally 119 households with 556 people and 319 employees of the two institutions are affected and 100% of them have accepted this survey. Surveyed villages, communities and households are listed in Table 3-1.See Table 3-2 for economic status of affected rural areas.
Table 3-1：Surveyed communities and households
Number of District Community Surveyed village surveyed % household Naqu 74 100% Jiangzhou Yanshan District Shuikou 45 100% Total 119 100%
Table 3-2：Economic status of the affected rural areas Yanshan District Indices Shuikou Naqu Village Village Total number of households (household) 148 76 Total population (capita) 591 373 female 291 179 Agricultural population (capita) 591 373 Nonagricultural population (capita) 0 0 Total labor force (capita) 398 251 Agricultural labor force 291 175 Industrial labor force 0 0 Labor force of tertiary industries 107 76 Total area of cultivated land (mu) 2500 1400 Paddy field 412 213 Vegetable field 108 83 Dry land (land for sugar cane) 1360 845 Dry land 620 259 Total income (ten thousand yuan) 246 122 180 86 Agricultural total income (ten thousand yuan) （73.17%） （70.49%） Industrial total income (ten thousand yuan) 4（1.62%） 8（6.56%） Total income of tertiary industries (ten thousand 62 28 yuan) （25.20%） （22.95%）
3.2.1 Demographical features of the affected population
37. Demographical features related to the specific surveyed population are listed in table 3-3, including age, population composition, education and gender difference of jobs.
38. Ages of the surveyed population shows: age of the population surveyed displays a roughly normal distribution, most of the population is between 20 and 35 of age representing main labour force, which occupies 44% of the surveyed population. Distribution of age gaps is also compartmented according to population composition. For example, number of students/pupils occupies 16% of the surveyed population, which is not far from the number (13%) of ages 7-19 distributed in total number of population. According to this definition, the total labour force occupies 57% of the total surveyed population.
39. Over half of the household members have received about junior high school and the number of household member who have received senior high school education stands at the second place. Totally 1% of the surveyed persons has already received or is receiving higher education. The other 3% have received
vocational or junior college education. There are 33 illiterate persons (6%) who are over 55 years or under 6 years of age.
40. Features of employment are: 100% of the affected population are engaged in agricultural activities or cultivation works. And in the mean time they would go out for part time work making use of idle time in their agricultural production. Women are also going out or engaged in provisional jobs and parts of the youngsters go out for seasonal jobs. As for all surveyed population, except for farming at ordinary times, the persons going out for seasonal jobs occupies 62%; mongers occupies 33%; and other vocations, such as working in the nearby factories, salesperson in marketplaces and staff of village committees occupy the remaining 5%.
Table 3-3：Statistical features of the affected population (surveyed population is the 119 households living in Naqu Village and Shuikou Village of Yanshan District) Male Female Total Category Quantit Quantit Quantit % % % y y y 60 40 Number of household: 119 331 225 556 100 % % Average persons per household:4.67 Age ≤6 years 17 3% 6 1% 23 4% 10 7-19 years 56 17 3% 73 13% % 25 19 20-35 years 139 106 245 44% % % 15 12 36-50 years 81 66 147 26% % % 51-60 years 32 6% 27 5% 59 11% 61-70 years 6 1% 0 0% 6 1% ≥71 0 0% 6 1% 6 1% 60 40 100 Total 331 225 556 % % % Composition 0 Children（﹤7years） 17 3% 6 1% 23 4% Student (pupil) 44 8% 44 8% 88 16% 35 23 Labour force 195 126 321 58% % % Retired* 6 1% 0 0% 6 1% 47 32 Total 262 176 438 79% % % Education 0 0 0 Illiterate 17 3% 6 1% 23 4% 10 Primary school 56 17 3% 73 13% % 25 19 Junior high school 139 106 245 44% % % 15 12 Senior high school 81 66 147 26% % % Vocational institute 32 6% 27 5% 59 11%
Male Female Total Category Quantit Quantit Quantit % % % y y y Junior college 6 1% 0 0% 6 1% University or above 0 0% 6 1% 6 1% 60 40 100 Total 331 225 556 % % % Vocation 60 40 100 Farming 331 225 556 % % % Remark: the surveyed population is the 119 households/556 people of Naqu Village and Shuikou Village of Yanshan District. Source of data: social and economic survey of the Resettlement Plan done in February and March of 2012.
3.2.2 Status of removal and demolition of cultivation buildings, facility buildings, cofferdams and net cages within the affected area
41. This project will affect the aquatic product cultivation done through net cages or cofferdam-made ponds by the villagers who have worked on the lake surface for a long time. Those cultivation buildings, cofferdam-made ponds and on-lake net cages involved in the range of the project, which are temporary and have been built illegally, need to be demolished. The surveyed data shows that average area of cultivation buildings and facility buildings possessed by the affected households are about 197 square metres, while the largest building occupies an area of 8,759.84 square metres and the smallest 22 square metres. Table 3-4 shows the coverage of cultivation buildings and facility buildings of the affected households. Main cultivated fishes in these fishing ponds are the Four Major Domestic Fishes, Tilapias, trionyix senonsises, Zuojiang soft-neck turtles, commercial turtles, ducks raised for meat and eggs etc.
Table 3-4：Coverage of cultivation buildings of the household surveyed N=89 Unit: m2/ household Building Min. Max. Average Covered area (square meter) 22 8759.84 197
42. Cultivation buildings and facility buildings that are affected and needed to be relocated are of frame structure, wood and brick structure, keekwilee-house, makeshift rooms, cattle shelves, pumping rooms etc. They have been built illegally throughout their histories and bear no Certificate of Household Property. All cultivation buildings and facility buildings will be totally removed.
3.2.3 Use of land
43. According to demarcated influences, construction of this project needs to acquire 474.84 mu of land collectively owned by Naqu and Shuikou Villages and totally 30 households with 150 people are affected. Total area of plough land owned by Naqu is 2,500 mu and by Shuikou 1,400 mu; cultivated land per household affected in Naqu Village is 16.9 mu and in Shuikou Village 18.42 mu; cultivated land per capita affected in Naqu Village is 4.23 mu and in Shuikou Village 3.75 mu. Use of land mainly includes paddy fields, dry land (sugar cane fields), dry land, vegetable fields, wood land, orchards, shrub land, grass land, wasteland
and homestead etc. Main crops include rice, sugar cane, maize and soybean. Commercial crops include vegetables, longan, lychee and Chinese chestnuts etc. Due to land acquisition, Naqu Village will lose 9.81% of its land and Shuikou Village 10.64%, in which 4.89% of land of Naqu is farming fields and Shuikou 1.08%.
3.2.4 Economic status of the residents
44. Incomes of the affected households are mainly divided into two major categories: working in enterprises/institutions or engaging in farming activities (mainly planting sugar cane), cultivation, running business or work as seasonal labor force. Table 3-5 provides per capita economic status of the surveyed households.
Table 3-5：Per capita economic status in 2011 of the surveyed households Average annual economic status of the residents Item ( yuan/person) Affected farmers Number of households surveyed:119 Per capita income 4,750* Per capita expenditure 2,970 Per capita bank savings 86.5 Per capita housing area 7.35 (㎡) *including income from fishery
45. To know about the surveyed financial status of the residents, it is necessary to know their sources of income and mode of expense. Statistical shows that the villagers within range of the Project stand a medium level of income on the basis of the whole city. In the affected Yanshan Community, villagers mainly engage in farming (mainly planting sugar cane), cultivation, and seasonal labour and small business. Agricultural income occupies above 73.17% of their total household income. Average agricultural net income is about 4,035 yuan. Due to loss of land, the affected residents will lose 0.29% of their total household income on aversge. However, AHs suffering land loss of 30%-60% will lose 22%-44% income annually.
46. Expenses of the families on education of children are 11%, which is only next to expenses on food and on agricultural production. Expenses on agricultural production occupy 16%. Surveyed data shows yet that those residents who negative digits in bank savings pay out their school fee and related expenses, especially expenses for higher education, through borrowing. Table 3-6 and Table 3-7 provide respectively sources of income and expending mode of the surveyed farmer households. Table 3-8 shows the monthly expenses status of the farmer households surveyed.
47. Besides, they go out for jobbing at ordinary times, mainly engage in building decoration, work as waiters in shops or restaurants and enterprise workers and run small business etc., with monthly income of about 600 – 2500 yuan and total number of working days in a year is about 100-150.
Table 3-6：Sources of income of the farmer households surveyed (N=119) Source of Farmin Seasonal Commercia Miscellaneou Tota income g labor l service s l
Source of Farmin Seasonal Commercia Miscellaneou Tota income g labor l service s l % 73 10 12 5 100
Table 3-7：Spending mode of the farmer households surveyed (N=119) Agricult Othe Transport and Payo Foo ural Dress-i Housi Educa- Health Culture & rs Tot communi- ut d producti ng ng tion care entertain-ment al cation on 4 10 % 43 16 5 0 11 8 4 9 0
Table 3-8：Monthly household expenses of the farmer households surveyed (N=119) Expenses (yuan/month) 43 households < 3000 76 households > 3000 Total yuan yuan Total Total Total Item Average Average Average expenses of expenses of expenses of expenses expenses expenses the the the per per per surveyed surveyed surveyed household household household households households households Food 139825 1175 47300 1100 95000 1250 Cigarette and 10710 90 3440 80 7600 100 alcohol Clothing 11900 100 4300 100 7600 100 Household facilities, utensils 20825 175 6450 150 15200 200 and services Healthcare 25585 215 8600 200 17480 230 Public transport 8925 75 2150 50 7600 100 Agricultural 53550 450 17200 400 38000 500 production Telecommunication 4165 35 860 20 3800 50 Entertainment 12495 105 430 10 15200 200 Education 35700 300 10750 250 26600 350 Rentals and 0 0 0 0 0 0 housing loans Expenses for water, 29750 250 8600 200 22800 300 power and gas Offerings to parents 0 0 0 0 0 0 or other relatives Tax 0 0 0 0 0 0
Total expenses 353430 2970 110080 2560 256880 3380
3.2.5 Vulnerable groups
48. In total, there are 19 households and 66 persons or 16% of the total affected households classified as vulnerable households in the project affected area. The vulnerable groups were identified based on field survey, they are mainly female-headed households, households enjoying five guarantees (Households Given/ With/ Receiving/ Enjoying Five Assurances/ Promises), disabled families,
and households living under MLG. All of them are Zhuang minorities. The female-headed households encountered more difficulties in their daily lives than other families, because women are often in a disadvantage situation for production. They are mainly engaged in agricultural farming, or aquaculture, or temporary work requiring less physical labor to gain income. Therefore, land acquisition and resettlement activities cause losses to their livelihoods and income..
49. In those three households which are mainly based on women, one lives under local poverty line (local poverty line is: annual per capita income is less than 1196 yuan) because of getting old and infirm and with no support from other relatives; the other two households possess annual income of between 1500 to 2800 yuan, since their children have grown up. After land acquisition, households which are women-based will lose about 500 – 800 yuan of annual income because of losing engagement in agricultural production, which is 150 yuan to 230 annual income per capita. After land acquisition, the households with incomes lower than the minimum subsistence level will be offered by social security institutions of monthly 250 yuan per capita for guarantee of their minimum living standard. In addition, the implementing institutions will offer more preferential policies and cares by the compensations, provide them with vocational training and employment chances; moreover, the government of Chongzuo City has comparatively perfect social security system and may assist banks to provide micro loans or offer necessary help in the process of moving.
50. As for the two households with disabled members, except for the deserved compensations after land acquisition, the treatment to disabled enjoyed by them won't be changed and the government, the proprietor and the village committee will all offer more concerns and helps on aspects of demolition, housing building, training for employment ability and provision of employment opportunities.
51. After land acquisition, the 8 households with incomes lower than the minimum subsistence level will be offered by social security institutions of monthly 250 yuan per capita for guarantee of their minimum living standard. Besides, the implementing institutions will offer them with opportunities of employment training, and the government of Chongzuo City will provide micro loans and necessary help in the process of moving. For these reasons, they will be benefitted from the Project.
3.3 Gender Analysis
52. Gender problems relating to influences caused by settlement will be discussed in this section. Discussions may be subdivided in the following three aspects: 1. gender difference on education; 2. gender difference on vocation and income; 3. gender consideration relating to resettlement.
3.3.1 Gender difference on education
53. Survey data shows that the proportion of male receiving junior and senior high school education is higher than that of female. Table 3-9 shows gender difference on education.
Table 3-9：Gender difference on education (N=556) Vocational Primary Junior high Senior high Junior University Gender Illiterate high Total District school school school college or above school
qty % qty % qty % qty % qty % qty % qty % qty % Jiang male 17 3% 56 10% 139 25% 81 15% 32 6% 6 1% 0 0.0 331 100 zhou female 6 1% 17 3% 106 19% 66 12% 27 5% 0 0.0 6 1% 225 100
3.3.2 Gender difference on vocation and income
54. Education backgrounds of male and female groups do not differ a lot and relate to vocation and income. Since they mainly engage in agricultural production, female and male are all mainly doing farming works. In consideration of gender difference existing in educational and vocational backgrounds of potential affected persons, we pursue analysis on the proportion of women income against household income and the results shows that this proportion is between 10% and 40%, averagely 30%. Table 3-10 shows shares occupied by women in household incomes.
Table 3-10：Shares occupied by women in household incomes Range of Total shares of the Shares occupied by Average monthly monthly Number of surveyed women in household income of women household households households incomes (yuan/person) income Affected farmer households (N=119) < 400 6 6.74% 10.00% 50 400 - 600 26 23.60% 25.00% 200 601 - 800 62 47.19% 38.75% 450 801 – 1000 17 13.48% 38.00% 600 >1000 8 8.99% 38.75% 1000 Total 119 100.00% 30.00% 460
3.3.3 Expectations of different gender towards settlement
55. If housings and facilities need to be demolished during land acquisition, then reasonable settlement is a very important thing. Most of both male and female interviewees request reasonable and fair compensations and that related compensations for demolition should be in place in due time. Compared to demolition of housings, interviewees take a much more serious view on land acquisition and they think doing farming is not a best choice for them. They live in a area adjacent to downtown and would not like to engage again in agricultural production, but what they hope most is that they can have land parcels given back to them for building of their houses and for use for future living.321 interviewees, who are labour force members, express that they are going to re-build their houses at the land parcel given back to them, and most of them hope that they will use the re-built houses as frontage shops to do some small business or gain income from renting out. On the other sides, they would like to work in enterprises or companies after being trained and having command of skills and would not like to do farming works. At the mean time, since the Project involves in removal of net cages and cofferdam-made ponds, even if those have been built illegally, but due their long history and that they are main sources of income for their households, they are very keen at the government‟s attitude of disposal of the net cages and cofferdam-made ponds and would like the government to give reasonable compensations. Table 3-11 provides opinions of affected people and the problems they concern. All problems occurred will be relegated to the planning and implementation of relocation project and at the same time explanation and implementation of related remedy measures shall be
done.
Table 3-11：Opinions over demolition/settlement of villagers of different genders Male’s rate % (N = Female’s rate % (N Total % Item 50) =34) (N=84) Reasonable and fair compensation 100 100 100 Obtain corresponding given-back land 100 100 100 parcels In-time compensation 100 100 100 Employment 45 20 32.5 Acquire reserved land parcels for future 45 55 50 living Compensations will all be in cash 35 10 22.5 Employment in the future 70 68 69 Education of children 70 76 73 Assistance during demolition and 40 40 40 settlement Split up with the clans and the relatives 4 8 6 Miscellaneous (help from government) 20 26 23
Chapter 4 Announcement of information of public participation
4.1 Strategy of public participation
56. During the process of preparation of Project Planning and Relocation Planning, importance has been attached to the part of Public Participation, and opinions and suggestions have been solicited from Yanshan Community, Village Committees, government organizations and affected residents.
4.2 Ways and modes of public participation
57. During the course of preparation of feasibility report, the Project Office, the implementing units and the designing institute, together with representatives of related institutions and communities had carried out multifarious meetings and had negotiations over such problems as relocation due to land acquisition and compensation policy, and had submitted opinions and suggestions to the plans for settlement points, compensation and rehabilitation of income. The preparation of relocation plan was conducted according to the abovementioned conditions.
58. In the stage of implementation of the Project, the Project Office, the implementing institutions and the Relocation Office will encourage local village committees to participate in the course of land acquisition and rehabilitation of living and income.
4.3 Public participation in the course of preparation of relocation report
59. In the course of preparation of relocation report, all related institutions and representatives had participated in the following activities:
(1) In the survey of land acquisition and relocation conducted between July and September of 2009, all levels of related institutions, village committees and villager representatives (including female) had participated in the survey. In the course of survey, women were mostly present. They carefully read the indices of the final results of the survey.
(2) From May 2009 to September 2009, the Project Office, the implementing institutions and the Relocation Office had repeatedly organized meetings with local leaders, representatives and affected persons. On the meetings, existing relocation policies of the nation, the Autonomous Region and Chongzuo City and the Involuntary Relocation Policy of Asian Development Bank had been publicized. Opinions and suggestions on reduction of influence caused by the Project, determination of compensation amount and Relocation and Rehabilitation Plan had been asked for from those who participated in the meetings. Through far-ranging consultation, it had been agreed upon that all kinds of losses of the affected people should be compensated for in cash or in real object settlement according to national laws and regulations.
(3) During the period of Relocation Plan, i.e. from May 2009 to September 2009, the Project Office, the implementing institutions, the designing institute and miscellaneous related institutions had visited affected residents groups and villages, held meetings with village leaders and villager representatives participating in the meeting, and had solicited their opinions on relocation due
to land acquisition, policies and standards of compensation, relocation plan and methods of rehabilitation etc. These consultative meetings and surveys had generated many benefits on relocation problems, compensation policies, rights of compensation and rehabilitation plans. Site selection for given-back building site of settlement points had also been discussed.
(4) To enhance awareness of the Project, the Project Office, the implementing institutions and the units compiling Relocation and Settlement Report had conducted questionnaires survey to affected villages and people from July to August in 2009.The surveys covered all affected villages and villagers and are provided with far-range representativeness while their structures are reliable and are reflecting wishes of the affected people.
(5) The consultation seminar relating to environment and relocation had been held from May to July of 2008.
(6) Because of various reasons, the project could not be carried forward according to the original plan. Amid the period between 2010 and 2012, the government of Jiangzhou District and the Project Office had conducted necessary explanation and publicity works to the affected villagers, carried out necessary surveillance on the affected regions, prevented occurrence of pre-emptive building and planting and had deployed skill training to the affected people and assistance to rehabilitate their income. For well-done of land acquisition, the National Land and Resource Bureau had issued the “Announcement of Land Acquisition Situations” and the “Notification of Hearing” on March 22, 2012, re-confirmed the range of land acquisition and held a hearing conference to sufficiently listen to opinions and demands of the people affected. In May 2012, under assistance of the Municipal Land Acquisition and Demolition Office, the enforcement body had conducted re-measurement and verification to the buildings (mainly are cultivation purpose), attachment buildings, net cages on the lake and ponds built through cofferdam-making within the range of the affected land. Quantity of net cages and cofferdams on the lake is increased by 3 times. This is mainly caused by the cultivating farmers who increased their scale of cultivation/breeding while number of affected people and families are not changed.
60. The consultation summary points out wishes of the affected people: ask for fair and reasonable compensation and related compensations for demolition should be fair and in place in due time. Compared with housing demolition, interviewees were indifferent over land acquisition, that‟s because they live at adjacent area to the city, would not like to do farming works, but hope to obtain reserved land parcels for future production and living, or to have cash as a whole lot compensation.80 interviewees express that they will re-build their houses with the compensated funds. Most people hope to do small business with the compensations or have good command of skills through training and then work in plants and never go back to do farming. They want to rebuild their livings and income with their cash compensations given back due to land loss. For example:1) purchase social insurance; 2) seek development in tertiary industries on their own (such as clothes shops, groceries, transport services, cargo transports, community services, repair shops, hair styling, barber‟s shops, laundries, entertainment, catering services, hotels and tourist service etc.); 3) share out collective profits gained from construction and development of the land parcels given back. They hope they may be employed in other enterprises, public
institutions and commercial mechanisms through training. The affected groups of people are satisfied with the compensations and measures of relocation and settlement. However, they also express their concerns on fair compensation and timely payout of the compensations.
4.4 Women participation
61. Women enjoy equivalent rights with men within the range of the Project. They play an important role in the course of planning, designing and implementation of the Project. In the on-site surveys, at least 40% of women had participated in the statistics works on the indices of land acquisition, demolition of buildings and material objects. In the mean time, local government had organized relocation consultation meetings (at least 30% of the participants are female) and some of the representatives from Women‟s Federation of Chongzuo City had participated in the meetings on invitation, who sufficiently expressed ideas on behalf of local women. In general, local women are quite concerned about the following problems: fair compensation standard and due issuing of the compensations and obtain more supports provided by the government and preferential policy over employment training.
4.5 Information disclosure
4.5.1 Handbook of resettlement information
62. To assist the affected people to have better understanding to their rights and the policies of land acquisition and relocation, the implementing unit (Urban Construction Investment Co., Ltd. Of Chongzuo City), together with Beijing Environmental Science and Technology Consulting Co., Ltd, had prepared the Handbook of Relocation Information and would issue on copy to each affected family before December 15, 2009. After this update, a new copy of Handbook of Relocation Information was issued to the affected people in August 2012. See Annex 1 for details of the Handbook of Relocation Information. Main parts of the handbook include: (i) Summary of the Project and social economic benefits (including objectives and site selection); (ii) Influences of the Project; (iii) Laws and regulations for land acquisition and relocation; (iv) Fundamental rights and deserved rights of the affected people; (v) Rate of compensation; (vi) Plans of relocation and income rehabilitation and complaints programs; (vii) Implementation Plans. Affected people are satisfied with the submitted rate of compensation and mode of rehabilitation and will sign agreements on the deserved rights. The information issuing program during the course of implementation of relocation may increase transparency of the Project. In the mean time, issuing of information may also tell the affected people how to submit requests and appeals through multiple channels (including Village Committees, the Project Office, the Implementing Unit, the Relocation Office, the Municipal Land and Resource Bureau and the Municipal Administration for Housing Demolition, the National Land and Resource Bureau of the Autonomous Region and the Administration for Housing Demolition of the Autonomous Region, courts etc.) and methods (petitioning to the superior levels, submitting petition letters and making telephone calls, etc.).
4.5.2 Distribution of the Resettlement Plan 63. The updated Resettlement Plan had been issued to every affected village in August 2012. In the mean time, the updated Resettlement Plan well be uploaded on the website of ADB by the end of November 2012 after ADB verification and approval. Contracts of civil works must be granted only after ADB
has verified and approved the updated RP.
4.6 Plan for public participation during the process of implementation of the Resettlement Plan
64. For proper and timely resolution of demands and difficulties generated from relocation and land acquisition, public consultations will be continuously conducted before start-up of the Project and implementation of the Relocation Plan, thus all problems may possibly be solved. The implementing unit should well arrange meetings on such problems as land acquisition and relocation. Each affected family will have chance to negotiate with the Relocation Office over the compensation contract. Table 4-1 shows public consultation plan and process.
Table 4-1：Public consultation plan and progress Implementing Target Objective Form Time Remark institutions participants Introduction of Villagers From July PO, Implementing All people Meetings to be held the Project and meetings and to institutions, affected by in every affected the Relocation group September, enforcement bodies, relocation and villages Plan to the discussion on 2009 designing institute, land affected people how to government of the acquisition of and solicit their dispose of the Autonomous region, the Project opinions problems and VC
2. Publish the Common December PO, implementing All people Publish the Handbook Handbook of villagers 2009 institutions, affected by of Relocation Relocation meetings and enforcement bodies, relocation and Information, discuss Information concerns government of the land concerned problems about Autonomous Region, acquisition of and opinions about discussions of VC, CLRB, CHDAO the Project relocation and land the people acquisition
Accept discussions of all sides and solicit opinions and suggestions
3. Conduct On-site survey December PO, enforcement All people Investigation of all initial survey and 2009 bodies , designing affected by indices for land and interviewing institute, government relocation and acquisition and real measurement the residents of the Autonomous land objects Region, VC, CLRB, acquisition of CHDAO the Project Search for social economic data
4. Present Common and December PO, implementing All people Publish final Draft of final Draft of villagers 2009 institutions, affected by Relocation Report Resettlement meetings and enforcement bodies, relocation and to those affected and Plan to discussion government of the land discuss problems those affected between key Autonomous Region, acquisition of related to relocation groups VC the Project and land acquisition
Accept discussions of all sides and solicit opinions and suggestions
Implementing Target Objective Form Time Remark institutions participants 5. Suggest Common December PO, enforcement All people Hold meetings with rights and meetings 2009 bodies, government of affected by affected families to date of payout the Autonomous relocation and summarize the to the affected Region, VC land gained people acquisition of compensations and the Project rights 6. 9 Common and December PO, enforcement All Hold meetings with Publish villagers 2009 bodies, Relocation participating beneficiaries and detailed plans collective office parties, affected people and updated meetings and beneficiaries report about discussion and affected relocation to between key people the affected groups people 7. Publicity On sites From PO, enforcement Affected Conduct necessary of project January bodies, government of areas and monitoring over the impacts and 2010 to the Autonomous people affected area to policies December Region, VC, CLRB, prevent from 2011 CHDAO pre-emptive plantation and building Conduct publicity and explanation to the affected people 8. Skill training Common January PO, enforcement Affected Carry out skill training 2010 to bodies, government of people and employment December the Autonomous guidance 2011 Region, and training institutions 9. Hearing and Common and March PO, enforcement Affected Informing and informing villagers 2012 bodies and people hearing of situation of collective government of the land acquisition and meetings Autonomous Region compensations 10. Measure, Participation May 2012 PO, enforcement Affected Measure and survey and of the affected bodies ,government of villages and determine the verify again people the Autonomous households quantities needed to Region, and VC be demolished 11. Monitoring Home visiting October PO, enforcement Random Submit suggestions over the and interview 2012 – bodies, government of inspection and update affected December the Autonomous Relocation Report people and 2015 Region, VC, CLRB, beneficiaries CHDAO and Monitoring Plan independent monitoring institutions Note: CHDAO = Demolition Administration Office of Chongzuo; CLRB = Land and Resource Bureau of Chongzuo; RO = Relocation Office; VC = Village Committee
65. For smooth and successful implementation of the Relocation Plan, it is encouraged that the affected people participate in all kinds of activities for relocation and land acquisition. Construction of the Project will bring about certain influences on local residents. To ensure that the affected people may benefit from the Project, we encourage local residents to participate in the construction of the Project. On employment of labor force, local residents should be taken into account and necessary assistance should be provided to them.
Chapter 5 Appeal and Complaint Procedure
66. Affected groups of people may bring forward any appeals over related problems of relocation and compensation. Except for existing appeal channels established by local government, the Project has already built public appeal channels. The first step to establish appeal procedure taken by the Project is to solve appeals through local appeal system----Village Committee. If not satisfied with disposal of the appeals by all local authorities, affected people may take final legal action for solution of their appeals. The Project will inform the affected people about the above appeal procedure through holding of collective meetings, Handbook of Relocation Information and other media. So they can fully understand their rights of appeal. Relocation implementing organizations should timely solve appeals submitted by the affected people. The most fundamental appeal procedure includes the following steps:
Step 1: 67. In case affected people have complaints of any kind over relocation and land acquisition, they may all declare to their Village Committee orally or in written form. After oral declaration, the Village Committee will record or get the appeal disposed of. The Village Committee must within 2 weeks make decision and get problems solved and inform the affected people with announcement in written form.
Step 2: 68. In case not satisfied with decisions made in Step 1, he/she may appeal to the Office of the District Government after having received the resolution. The Office of the District Government will within 2 weeks make out the final decision and inform the affected people in written form.
Step 3: 69. In case the affected person(s) who is appealing is not satisfied with the resolution made by the Office of the District Government, he/she may within 2 weeks appeal to Project Administration Office of Chongzuo City, Chongzuo Municipal Land and Resource Bureau and Demolition Administration Office of Chongzuo City. Project Administration Office of Chongzuo City, Chongzuo Municipal Land and Resource Bureau and Demolition Administration Office of Chongzuo City will within 2 weeks make a resolution and inform the affected people in written form.
Step 4: 70. In case the affected person who is appealing is not yet satisfied with the resolution made out by the Chongzuo PO, CLRB, CHDAO, he/she may within 2 weeks after he/she has received the resolution appeal to the National Land & and Resource Bureau of the Autonomous Region or the Demolition Administration Office of the Autonomous Region. The National Land and Resource Bureau of the Autonomous Region or the Demolition Administration Office of the Autonomous Region will make the final resolution and inform the affected people in written form.
Step 5: 71. In case the affected person(s) is still not satisfied with the resolution made out by the National Land and Resource Bureau of the Autonomous Region or the Demolition Administration Office of the Autonomous Region, he/she may within 2 weeks after having received the resolution appeal to a People‟s Court. The affected people will have notification in written form.
72. Affected people may submit appeal over any aspect of such things as standards and payouts of compensation for relocation.
73. The Project Management Office of Chongzuo City will employ independent institutions (IMA) to take charge of all monitoring and appraisal over the relocation. During the course of relocation, the independent institution (IMA) will inspect and report progress of relocation and operations of the Project Management Office of Chongzuo City and related different levels of organizations and institutions in the relocation.
Chapter 6 Legal Framework and Policies
6.1 Practicable laws and regulations and policies for relocation and land acquisition
74. The People‟s Republic of China has already set out and carried through laws and regulations and procedures needed to handle demands of affected people in relocation and compensation due to infrastructure projects. Land acquisition, compensation for relocation and settlement will be carried out according to national laws and regulations and policies issued by the Autonomous Region and local government, make full respect to reasonable wishes and suggestions of the affected groups of people and simultaneously will satisfy demands submitted by ADB over problems of resettlement. The primary goal of the Relocation Plan is to ensure that the living standard of the affected people can be raised and at least reach the level before implementation of the Project.
75. Land acquisition, relocation and demolition under this Project will be implemented according to the following Chinese laws and regulations and policy principles of ADB:
“The Decision of the State Council on Further Carrying out the Reform and Rigorously Conduct Land Administration” (Guo Fa [2004] No. 28) (October 2004) “The Land Administration Law of the People‟s Republic of China” (revision 2004) “Enforcement Regulations for the Land Administration Law of the People‟s Republic of China” (December 1998) “Notification of Adjustment of Grades for Collecting Charges for Compensated Use of Newly Increased Land for Construction Released by the Ministry of Finance and the Ministry of Land and Resource”, (Cai Zong [2002] No. 93) “Provisional Regulations for Plough Land Occupancy Tax of the People‟s Republic of China”, (2008) “Land Administration Law of the People‟s Republic of China” issued by Guangxi Zhuang Autonomous Region (2001) “Law of Urban Real Estate of the People‟s Republic of China” (1994); “Guiding Opinions on Appraisal of Urban House Dismantlement” （2004） “Regulations on the Administration of Urban House Dismantlement ” (been enforced in 2001); “Detailed Laws and Regulations for the Ordinance of the Administration of Urban House Dismantlement” issued by Guangxi Zhuang Autonomous Region ”(2003); “Measures to Carry Out “Administration Ordinance on Planning and Construction of Village and Township” in Guangxi Zhuang Autonomous Region” (15th Order of the Government of Guangxi Zhuang Autonomous Region); Notification (GUI FA GAI [2009] No. 52) relating to publishing of “Base Numbers for Annual Average Output Value on Land Requested by Construction of Major Project and Compensation Standard for Demolition in Guangxi Zhuang Autonomous Region”; Applying “Provisional Regulations for Plough Land Occupancy Tax of the People‟s Republic of China” in Guangxi Zhuang Autonomous Region (2008)
Written reply on Standards for Compensations for Land Requested by Construction in Urban Area of Chongzuo City (CZH [2010] No.21); Written reply concerning Standards for Compensations for Demolition of Cistern and Water Tank Requested by Construction in Urban Area of Chongzuo City (CZH [2010] No. 95); “Written Reply Concerning Grant of Adjustment of Compensation Standards for Young Crops and Attachments on the Land Requested by Construction in Urban Area (Industrial Park) of Chongzuo City” (CZH [2011] No. 74); “Involuntary Relocation” of ADB (Manila, 1995); “Handbook on Resettlement: A Guide to Good Practice ” of ADB (Manila, 1998); “Gender Issues of Land Acquisition, Demolition and Resettlement” of ADB (Manila, February 2003); “Operation Manual for Settlement”: Bank Policies and Operation Procedures (Manila 2006).
6.2 ADB involuntary resettlement policy
76. In ADB‟s “Involuntary Resettlement Policy” (1995) and "Operation Manual for Resettlement" (Section F2), three important factors about the involuntary resettlement policies of ADB has been explicitly expressed: (1) conduct compensation/replacement for the lost properties, livelihood means and income; (2) provide assistance to resettlement, including supply of resettlement places with suitable facilities and services; (3) provide helps to relocation so that the life satisfaction of the affected people may at least be kept at the level when without the Project. Some or all of these three items may appear in a project which involves in resettlement. As to any ADB project operation in which resettlement is needed, Relocation Plan is a constituent part which is indivisible in the Project Design and needs to be disposed of at the early stages of the Project in consideration of the following fundamental principles:
i) Avoid resettlement where practicable; ii) In case resettlement of people is inevitable, bring the negative influences generated by resettlement to minimum through provision of practicable livelihood measures; iii) Conduct compensation/replacement for the losses. In case construction of the Project will inevitable make some individuals or communities lose their land, livelihood means and social support systems so that the Project may proceed, they should acquire compensation and assistance----through substitution of land, housing, infrastructure, resource and income source in whatever form, real object or cash, thus their economic and social environment will be at least the same as the status of “without the Project”. All compensations should be based on the principle of “to compensate according to replacement cost”; iv) Any resettlement should be as much as possible taken into account as a constituent part of the Project Development or Project Plan and be carried out. During preparation period of the Project, ADB and the implementing institutions or project investor conduct appraisal on opportunities of the affected people to share benefits of the Project. It is needed to provide sufficient resources and opportunities to the affected people in addition to the rehabilitation actions which bear specific time limits and are coordinated with civil works to rebuild their homeland and livelihood as fast as possible; v) Affected people should be fully informed and sufficient negotiations with them should be carried out. Selection of schemes on compensation and
resettlement should be done, including consultation with the affected people about selection of resettlement places and of rehabilitation of social and economic status. Related resettlement information and opportunities, plans and implementation schemes being specifically provided to them shall be published to the affected people at pivotal moments. Appeal letter system shall be established for the affected people. In case the persons under negative influences are specially feeble and difficult, there should be social preparation stage before decision-making of the resettlement to enhance participation of the feeble and vulnerable groups in the negotiation, planning and implementation; vi) Social and cultural systems. Existing social and cultural systems of the affected people and the related regions receiving resettlement should be properly protected and supported. Relocated persons (migrants) should melt in the communities receiving the resettlement in social and economic aspects so that they will create minimum influences which are disadvantageous to the resettlement communities and thus harmony of the society is promoted; vii) People without formal compensation qualification. Indigenous people and minority people, who claim that they possess Right of Use on certain land parcels but lack of law protection, perhaps possibly possess Right of Use or conventional rights on the land affected or other resources, normally are supplied with no formal law qualification and covenant. Possessing no formal law covenant on the land is not an obstacle to enjoy compensation qualification supplied by ADB policies; viii) Qualification determination. To avoid rushing-in of illegal land occupiers and other persons who wish to take advantage, it is best, at the determination period of the Project, to recognize and record those people who are affected by the Project through demographical record or survey and nailing down a date for compensation qualification, so that qualifications for compensations for rights may be determined; ix) The poorest. Special concerns should be given to the poorest affected people and vulnerable groups who are possibly entrapped in poverty. These people may possibly include those who have no law covenant on the land or properties, families in which single women are heads of households, those who are weak, old, sick and invalid and other vulnerable groups, especially those indigenous people. Proper assistance must be provided to them to help improve their social and economic status; x) All resettlement expenses must be reflected in the Costs and Benefits of the Project. This includes social compensations, charges for relocation and rehabilitation, expenses needed by social preparation and rehabilitation of livelihood means, and those increased incomes compared with the status of “without the Project” (these should be included in the demonstration of costs and benefits of the Project).Budget should also include expenses for planning, administration, monitoring and appraisal of the resettlement plan, tax of land use, unforeseeable charges for engineering and price; xi) Appropriate compensation cost. If there are related requirements, it may be taken into account that the expenses for resettlement and rehabilitation be included in the part of load financed by ADB, so as to ensure timely in-place of the needed resources during implementation period and that the procedures of involuntary resettlement can be confirmed.
6.3 Related laws and regulations of the People's Republic of China
77. Implementation of this Project is based on the basis of several laws such as the “The Land Administration Law of the People‟s Republic of China” (entered into
force on January 1, 1999 and revised in 2004), “The Decision of the State Council on Further Carrying out the Reform and Rigorously Conduct Land Administration”, “Regulations on the Administration of Urban House Dismantlement” (released in 2001)) and “Law of Urban Real Estate of the People‟s Republic of China” (entered into effect on July 5, 1994), and in the mean time follow related articles of other laws and regulations.
6.3.1 The Decision on Further Carrying out the Reform and Rigorously Conduct Land Administration GUO FA [2004] No. 28
78. Article Twelve: To complete measures for compensations for land acquisition. Local people's governments of county level and above shall take effective measures to ensure that living standard of farmers whose land has been requested will not be reduced due to land acquisition. It should be guaranteed that land compensations, allowances for resettlement, and compensations for attachments on the field and young crops shall be timely paid in full amount according ipso jure. In case paying-out of land compensation and allowance of resettlement according to existing laws and regulations is not enough to allow those farmers whose land has been requested to maintain their original living standard and not enough to pay social security charges for those land-losing farmers, people‟s governments of the provinces, the autonomous regions and the directly-controlled municipalities should approve increase of allowances for resettlement. In case sum of land compensations and resettlement allowances reaches legal upper limit and is still not enough to allow land-losing farmers to maintain their original living standard, local governments may give subsidies through compensated use of state-own land. People‟s governments of provinces, autonomous regions and directly-controlled municipalities shall work out and publish unified annual output value standard or comprehensive land price of city blocks for land acquisition used by every city and county. Compensation for land acquisition must be the same price at the same place. For national key construction projects, expenses for land acquisition must be listed in rough calculation in full amount. Measures for relocation and compensation standard for land acquisition requested by large and medium scale water conservation constructions or hydropower construction will be stipulated by the State Council at some other time.
79. Article Thirteen: Farmers of the land requested shall be well settled down. Local people‟s governments of and above county level should work out specific measures to allow that long-term livelihood of the farmers of the land requested is guaranteed. As to projects that have stable earnings, farmers may take shares with the rights of use of land after being approved ipso jure. Within planned urban regions, local people‟s government should relegate those farmers losing their land due to land acquisition into the city/township employment system and establish social security system; outside of planned urban regions, during acquisition of land collectively owned by farmers, local people‟s government shall retain necessary plough land within the administrative region for those losing their land due to acquisition of land or arrange corresponding jobs; farmers who lost their land and are provided with no basic living and production conditions should be resettled to other places. Labour and social security departments shall, together with related departments, propose as fast as possible instructive opinions on employment training and social security system for those farmers who have lost their land due to land acquisition.
6.3.2 The Land Administration Law of the People‟s Republic of China
80. “The Land Administration Law of the People‟s Republic of China” was approved on June 25, 1986 by the 16th conference of the Sixth Standing Committee of the People‟s Congress. Soon after that, it was revised on January 1, 1998 at the fourth conference of the ninth Standing Committee of the People's Congress. It was revised according to the revision resolution of “The Land Administration Law of the People’s Republic of China” approved by the 5th conference of the seventh Standing Committee of the National People‟s Congress.
81. Article Forty-seven: those whose land is requested shall be compensated according to the original usage of the requested land.
82. Compensations for requested plough land include land compensations, resettlement subsidies and compensations for attachment on the ground and young crops. Compensations for requested plough land shall be six to ten times of the average annual output value of the land over three years before being requested. Resettlement subsidies for requested land shall be calculated according to the number of agricultural population needed to be relocated. Number of agricultural population needed to be relocated shall be calculated according to the quantity of plough land being divided by the ante-acquisition average land per capita of the department whose land is requested. Resettlement subsidy standard for each member of agricultural population shall be four to six times of average annual output value of the plough land over three years before being requested. However, resettlement subsidies for requested plough land on each hectare are not allowed to be 15 times of average annual output value of the land requested over three years before being requested.
83. Compensations and resettlement subsidies for acquisition of other kinds of land, shall be stipulated by the provinces, autonomous regions and directly-controlled municipalities with reference to compensations and resettlement subsidies for plough land.
84. Compensation standard for attachments and young crops on the land requested shall be stipulated by the provinces, autonomous regions and directly-controlled municipalities.
85. For requested vegetable land, the land user should pay out development fund according to related national laws.
86. In case land compensations and resettlement subsidies paid out according to stipulations of Clause Two of this Article are not enough to allow the farmers needed to be resettled to maintain their original living standard, the resettlement subsidies may be increased after being approved by the provinces, autonomous regions and directly-controlled municipalities. However, the sum of land compensations and resettlement subsidies is not allowed to exceed 30 times of average annual output value of the land over three years before being requested.
6.3.3 Regulations on the Administration of Urban House Dismantlement of the People‟s Republic of China
87. Article Six: units need to dismantle buildings may only conduct demolition after having acquired Demolition Permit.
88. Article Twenty-two: remover should offer compensation to the relocation household according to stipulations of this article.Illegal and provisional buildings built after the closing date of approval shall not be compensated.
89. Article Twenty-three: mode of demolition compensation may be both currency compensation and exchange of house properties. The relocation household may select mode of demolition compensation.
90. Article Twenty-four: amount of money for currency compensation shall be determined with the price evaluated from real estate market according to such factors as position, usage, floorage etc. of the house to be demolished. Specific measures shall be worked out by governments of the provinces, autonomous regions and directly-controlled municipalities.
91. Article Thirty-one: Remover should pay relocation allowances to the relocation household or tenant of the house. Within the transition period, in case the relocation household or tenant of the house arrange lodging on their own, the remover should pay temporary resettlement allowance; in case the relocation household or the tenant of the house use the relocation housing provided by the remover, the remover need not to pay temporary resettlement allowances.
92. Standards for relocation allowance and temporary resettlement allowance shall be stipulated by People‟s Governments of the provinces, autonomous regions and directly-controlled municipalities.
93. If transition period is elongated because of remover‟s duty, provisional resettlement allowance should be added from the date of expiration; provisional resettlement subsidies should be paid to users of the relocation housing starting from the month of expiration.
94. Article Thirty-two: remover is not allowed to take liberty to extend the transition period and the user of relocation housing should timely vacate the relocation housing. In case it is the remover‟s duty that the transition period is extended, those relocation household or tenant of the house who arrange lodging on their own, should be paid with temporary increased resettlement allowance starting from the month of expiration; those user of relocation housing should be paid with temporary resettlement allowance starting from the month of expiration.
95. Article Thirty-three: in case shut down of production or business is caused by demolition of non-residentialbuildings, the remover should pay appropriate compensation.
6.3.4 Measures for Implementation of “the Ordinance of the Administration of Urban House Dismantlement” issued by Guangxi Zhuang Autonomous Region
96. Article Seven: Ownerships of state-owned land and farmers‟ collective land shall be determined according to such related laws and regulations as Land Administration Law and Measures of Implementation of Land Administration Law etc.
97. Article Eight: if land is possessed by farmer collective of the village, it shall be managed and operated by collective economic organizations of the village; in case collective economic organizations are not complete and sound, it shall be managed and operated by the Village Committee. Land, which has been respectively possessed by above two farmer collectives which are engaged in rural collective economic activities, shall be managed and operated by each rural collective economic organization or villager group in the village. Land, which has
been possessed by township farmer collective, shall be managed and operated by township rural collective economic organizations; in case township rural collective economic organizations are not health and complete, shall be managed by township people‟s government.
98. Article Twenty-one: Compilation of annual plan for land utilization should follow the following principles: (I) Strictly comply with the overall plan for land utilization, administrate specifications for land used by construction and protect plough land. (II) Instruct land requirements through supply of land and make reasonable and effective use of land. (III) Key construction projects should preferentially select use of land. State-owned and local industrial policies support projects. (IV) Protect and improve social ecological environment and sustainable utilization of national land and resources.
99. Article Twenty-six: in case non-agricultural construction occupies plough land after approval, it should reclaim plough land that is equivalent to the occupied plough land both in quality and quantity according to the following stipulations. (I) Within the range of land used by urban construction determined by the Overall Planning for Use of Land, in case occupation of plough land is for implementation of urban planning, the People‟s Governments of the city and the county of the region shall be responsible to organize reclaim; (II) Within the range of land used by construction of villages and townships determined in the Overall Planning for Use of Land, in case plough land occupation of plough land is for implementation of planning for villages and townships, the units or rural economic organizations occupying the plough land are responsible to reclaim (organized by township people‟s governments); (III) In case plough land is occupied by such construction projects as energy, transportation, water conservation, mine and military facilities, which are outside the range of land used by construction of cities, villages and townships determined in the General Planning for Use of Land, the unit occupying the land shall take responsibility to reclaim.
100. Article Twenty-seven: In case non-agricultural construction occupies land after being approved and that the units and individuals occupying the land are not provided with conditions to reclaim, they should payout Charge of Reclaim of Plough Land.
101. Article Thirty-four: during the courses of production and construction, in case land is destroyed due to such factors as digging, sinking and pressing etc, the units and individuals using the land should reclaim according to related stipulations of the nation and autonomous region, and then apply for acceptance to Land Administering Departments of People‟s Governments of the cities and counties in which the land locates within 30 days after completion of the reclaim of land. In case conditions do not allow or land reclaim does not conform to requirements after acceptance, the units and individuals using the land shall pay out Charge of Land Reclaim by 20-80 yuan per square meter to Land Administering Departments of People‟s Governments of the cities and counties in which the land locates.
102. Article Forty-five: one household of rural villagers can only have one homestead. House building by rural villagers must comply with general planning of Use of Land in the villages (townships), combine with reformation of old
villages, make full use of the original homesteads, idle land in the villages and hillside wasteland and strictly control occupation of land for farming purpose. Coverage of newly-approved homesteads shall be carried out according to the following standards: 1. In flatland suburban area, coverage of homestead of each household is not allowed to exceed 100 square meters. 2. In hilly area and mountainous region, coverage of homestead of each household is not allowed to exceed 150 square meters.
6.3.5 Detailed Laws and Regulations for the “ Ordinance of the Administration of Urban House Dismantlement” issued by Guangxi Zhuang Autonomous Region
103. Article Nine: House Dismantlement Administration Departments should publish such matters of construction project stated in the House Dismantlement Permit as name, remover, range of dismantlement, time limit and implementing units etc, in the form of House Dismantlement Announcement and within 5 days after issuing of the House Dismantlement Permit.
104. House Dismantlement Administration Departments and the removers should timely and well conduct publicity and explanation to the relocation households.
105. Article Eighteen: the remover and the relocation households should conclude Agreement on Compensation and Resettlement for Dismantlement.
106. In case of dismantlement of leased houses, the remover and the relocation households and leaseholders should conclude Agreement on Compensation and Resettlement for Dismantlement.
107. Article Nineteen: relocation households and leaseholders shall be counted into Number of Households against such certificates as Certificate of House Property, Credential of Leasing of Public House and House Leasing Contract and shall be compensated and resettled as per household by the remover.
108. Relocation households and leaseholders who have concluded Agreement on Compensation and Resettlement of Dismantlement with the remover are subject to the owner stated in the Certificate of House Property and the leaseholder stated in the Credential of Leasing of Public House and House Leasing Contract.
109. Article Twenty: Agreement on Compensation and Resettlement of Dismantlement should include the following contents:
(i) Covered area of the dismantled house; (ii) Amount of currency compensation; (iii) Mode of compensation and resettlement; (iv) Time limit for dismantlement, mode of transition of dismantlement and time limit for transition; (v) Miscellaneous matters needed to be agreed upon between the parties.
110. Article Thirty-two: the compensation and resettlement fund of the remover to implement house dismantlement should fully be used in compensation and resettlement of house dismantlement.
111. Administration departments for house dismantlement should establish supervision system over compensation and resettlement fund for dismantlement
to enhance supervision and management over the fund.
112. Article Thirty-four: remover should offer compensation to the relocation household according to detailed regulations of this article.
113. Dismantlement of illegal buildings and provisional buildings exceeding approved time limits will not pay out compensation; dismantlement of provisional buildings not exceeding approved time limits will be compensated in currency and the calculation formula for currency compensation is:
Amount of currency compensation ＝ Replacement price of provisional building × remaining time limit ÷ approved use time
114. The replacement price stated in the previous clause means the replacement price of the provisional building at the day when the Permit for Dismantlement of House is verified and issued.
115. Article Thirty-seven: the amount of currency compensation for the house to be dismantled is calculated according to the following formula:
Amount of currency compensation = Evaluated market unit price of the house to be dismantled × Covered area of the house to be dismantled
116. The unit price stated in the previous clause means the price of each square meter of building area.
117. In case valuation price in real estate market is lower than the lowest unit price for compensation, calculation shall be done according to the latter. The lowest unit price for compensation means averaged market unit price of the purchased public housings being sold on the market which bear the same kind of structure and the same section in the city with the house to be dismantled. Specific standards are to be worked out by People‟s Governments of the cities and counties.
118. Article Thirty-eight: in case the house to be dismantled has been decorated, except for the movable decorating parts and material, the decorated proportion should be compensated in form of currency. Amount of currency compensation for house decoration shall be calculated according to the following formula:
Amount of currency compensation for house decoration = Replacement price of house decoration × (standard life time – actual used years of decorated house) ÷ standard life time
119. The replacement price of house decoration stated in the previous clause means the replacement price of house decoration of the same grade at the day when the Permit of House Dismantlement is verified and issued.The mentioned life years are:
i For housing houses: 10 years; ii For office buildings: 7 years; iii For such commercial buildings as shops, hotels and restaurants: 5 years;
120. The lowest amount of currency compensation for house decoration is allowed to be lower than 20% of replacement price of house decoration.
121. Article Thirty-nine: the remover should entrust a real estate evaluation institution, which has been legally established, to conduct evaluation on the house to be dismantled, thus to determine the standards for currency compensation in the Scheme of Compensation for House Dismantlement.
122. In case the relocation households have objections to evaluations in the Scheme of Compensation for House Dismantlement, they may conclude an Evaluation Contract for House Dismantlement together with the remover to entrust a real estate evaluation institution, which has been legally established, to conduct the evaluation. Charge for evaluation service shall be shared by both parties.
123. In case the parties of the dismantlement still have disputes toward the evaluation results, one of the parties may, within 15 days after having received and Evaluation Report, apply for appraisal to the Experts Committee for House Dismantlement organized by House Dismantlement Administration Departments of the prefecture-level city where the house to be dismantle locates. The composition mode, appraisal method and charge for appraisal service of the Experts Committee for House Dismantlement shall be worked out by construction administering departments of Guangxi Zhuang Autonomous Region.
124. In case the parties fail to apply for appraisal within 15 days after having received the Evaluation Report, then compensations and rulings will be based on the evaluation result; in case they have applied for appraisal, the compensations and rulings will be based on the appraisal result.
125. Article Fifty: removers implementing dismantlement through taking liberty, violating stipulations of this “Detailed Laws and Regulations” and having failed to obtained the Permit for House Dismantlement shall be warned and ordered to stop the dismantlement by the house dismantlement administration departments according to stipulations of Article Thirty-four and be fined by amount of covered area of the dismantled building calculated by above 20 yuan and under 50 yuan per square meter.
6.4 Discrepancies between policies of China and ADB
126. By comparison of policies of ADB against that of China, Table 6-1 have listed out remarkable discrepancies on such aspects as local laws and regulations, certificates of house property rights, publish of information, contents of consultation conference and treatment of time delay etc.
Table 6-1：Gaps between policies of China and ADB Difference Comparison Solution Demolishment There are regulations for the It is very important that the compensation demolishment and settling in the action of relative management Chinese laws and regulations, but organizations shall conform to they are not transparent compared the requirement of ADB. At the with ADB. To ensure the AP‟s same time, the positive right, measures should be taken to participation of AP during the guarantee the compensation is demolishment and settling paid in full. process and the enforcement of activity to improve the participation awareness of AP should be guaranteed. The
Difference Comparison Solution enforcement unit and the Resettlement office should improve the right awareness of the public for the demolishment and settling policy, compensation standard, appeal channel and procedure. Besides, the internal and external supervision should be strengthened. Compensation According to the current Chinese For the project, all the AP for having or law, there is no compensation for should be protected no matter not having the acquisition of the illegal they have the certificate of title, Certificate of construction or the construction the house droit, land access or Title or not without certificate of title. But leasehold or not. However the according to the regulation of illegal temporary construction ADB, the compensation should be after the accepted deadline has paid for the demolished no compensation. construction and acquired land no matter they are with certificate or not. Preferential The same treatment will be given As to the project, the equality of policy for the to all AP without consideration of the vulnerable groupand the disadvantaged the vulnerable groupaccording to gender will be realized through group the Chinese regulation. But the providing the preferential policy ADB requires that the special in compensation, MLG, attention should be given to the employment and removal AP who needs protection. It is assistance during the process possible that the vulnerable of land acquisition, groupwill face risk in the Resettlement planning and development after the land enforcement. acquisition and removal. Proper support should be given to them to improve their social and economic conditions. Consultancy According to the requirement of To conform to the requirement and the preparation of the of public consultancy and information Resettlement planning of ADB, the transparent work, the project publication AP should be fully informed and will obey the procedure of ADB get close consultancy. There is now and in the future. The consultancy service requirement in public consultancy and the land management law of China information publication should but without clear article to support be the topics discussed in the it. In the practical operation, project management meeting. normally there is no consultancy To avoid that the administrative and information publication before department is not willing to the approval of the Resettlement inform the AP in the plan because there is no preparation process of the completely confirmed land Resettlement settling scheme, acquisition and removal the ADB requires the deadline information in the preparation should be informed to the AP process of the Resettlement particularly. The measurement settling scheme. And the land user and survey should be taken as
Difference Comparison Solution is not willing to inform the AP. specific as possible. And the efficient communication channel should be established for the AP. Appeal The Chinese land management Although this is a difficult procedure law provides an appeal procedure, problem, but a safe and but few people use the formal effective way should be taken appeal procedure. And the appeal to consolidate the Resettlement document is not very complete. It and the compensation is required by the ADB policy that principle. The training for the reliable and effective method Resettlement personnel will should be used to guarantee the ensure they could give enough right of the AP and resolve the attention to the requirement dispute. Therefore, it is required and the issue concerned by the that a methodical management AP. The AP should be given all and supervision procedure to be the information of appeal used to resolve the issue and procedure and steps as well as dispute of the AP. In addition, the example of successful Chinese laws are inclined to such appeal and solution. a way and that is dispute settlement after Resettlement, while ADB requires spending as much time as possible to deal with problems incurred before requisition of land and Resettlement. Temporary It is the most common settling way To satisfy the requirement of settling to provide temporary housing in ADB, the following actions are China. The policy of ADB aims at taken: no temporary settlement trying to decrease the temporary for the project. And there is settlement to ensure the residents compensation for the illegal live in the legal houses. construction, and the house will be legalized after the removal.
6.5 Compensation standards and principles
6.5.1 Entitlement
127. The AP of the project are eligible to get the compensation with reference of the involuntary loss of land, which results in: (1) the removal or the loss of housing; (2) loss of property or the trial right of the property; (3) the loss of income source and living method. In the impacted scope of the project, all the land owners, land users, and the construction (no matter illegal or not) occupiers impacted by the land acquisition and removal have the right to get the fair compensation. The compensation is according to the loss type and quantity before the deadline decided by the municipal government of Chongzuo. The deadline (cut-off date) of the compensation eligibility 6 April 2012 was informed at once to all the AP after compensation and resettlement scheme was announced.
6.5.2 Compensation principles
128. The compensation principles concluded for the project are as followings:
(i) Provide fair compensation and right to all the AP, maintain the present living standard at least and have improvement; (ii) All the legal or illegal AP shall be considered and calculated in the scope; (iii) The person who occupies the land or construct buildings and appurtenance in the project scope shall not be compensated after the deadline of the compensation qualification decided by the local government; (iv) The compensation shall be paid to the AP in time; (v) The vulnerable groupwill be provided with preferential policies of compensation, distribution of the settling and construction site, removal and employment; (vi) All the AP shall be informed thoroughly the compensation qualification, compensation ratio, compensation standard income recovery plan and the project schedule. (vii) The close supervision and in time action will be taken to find and resolve any problem.
6.5.3 Compensation
6.5.3.1 Permanent land acquisition
129. The permanent acquired land will be compensated with classification according to the state-owned land and collective land. The compensation standard is drafted according to the local standard. The compensation for the state-owned land includes the land compensation, appurtenance compensation and removal compensation. The compensation for the collective land will be according to the land type. The compensation standards for different land types are as followings:
Table 6-2: Compensation standard for the land Unit: Yuan/mu Paid to the village committee Paid to the AP Compensation Land type Output value Land compensation Settlement allowance Green crops Multiple Amount(Yuan /mu) Multiple Amount(Yuan/mu) Multiple Amount(RMB/mu) Multiple Amount(RMB/mu) Collective land Paddy field 1370 10 13700 7 9590 1 1300 17.94 24590 Vegetable field 3173 8 25384 5 15865 1 2100 13.7 43349 Sugarcane field 1370 10 13700 7 9590 1.36 2313.6 15.06 25610 Dry land 1370 10 13700 7 9590 1.36 1200 15.06 24490 Forest land 1370 10 13700 7 9590 1.57 2150 18.57 25440 Shrubbery land 1180 4 4720 5 5900 1 1180 10 11799 Orchard 3436 5 17180 4 13744 1 3436 13 34360 Grassland 1370 2 2740 1.4 1918 3.4 4658 Wasteland 1370 2 2740 1.4 1918 3.4 4658 Housing land 1242 5 23290
6.5.3.2 The demolishment of the Non-residential construction
130. The compensations are listed in Table 6-3 and Table 6-4 for the non-constructional structure and the appurtenance. The compensation ratio of the housing structure and the appurtenance will be decided according to the replacement value. The compensation for the non-residentialconstruction (cultivation house and facility house) will be paid to the AP. The cultivation house and facility house will not be reconstructed after the demolishment. The removal allowance, 200 RMB per family as the compensation ratio will be provided to the AFs. In addition, 80 RMB per person per month will be provided to the AP as the temporary transition allowance. The allowance will be paid for 12 months at one time.
Table 6-3: Compensation for the demolishment and removal of non-residentialconstruction (cultivation house and facility house) No. House structure type Unit Compensation standard (Yuan) 1 Concrete house m2 1,000 2 Brick house m2 600 3 Adobe m2 350 4 Simple house m2 120 5 Livestock shed m2 120 6 Shack m2 100 7 Damaged house m2 80 8 Pump room m2 600
Table 6-4: Compensation for the appurtenance Item Unit Compensation (Yuan) Washroom m2 70 Pool m2 2,000 Concrete grain-sunning ground m2 50 Stone step m2 60 Bounding wall m 70 Fence m 30
6.5.3.3 Removal of Coffer Weir Fish Ponds & Netcage Aquaculture Boxes
131. Besides the compensation for the normal demolishment and removal of land acquisition, the project will also consider the certain compensation for the residents having pond with weir and cage culture. The reason is that although the pond with weir and cage culture is illegal or out of line, it should be confiscated unconditionally. But there was consideration of the long history of the pond with weir and cage culture and they are the main financial resources for the part of local residents, involving a great population (46 AHs for the pond with weir, totally 233 people, and 43 AHs for the cage culture, totally 173 people). Therefore, for the better progress of the project, certain of economic compensation will be given to these rural households. Table 6-5 provides the compensation standards for coffer weir fishing and netcage aquaculture. The demolishment of the aqua culture structures is totally 513.28 mu. The compensation standard per mu is 49,291 RMB. The total compensation is 21,707,125 RMB.
Table 6-5: Compensation Standards of Coffer Weir Fishing and Netcage Aquaculture Item Unit Compensation Standards (CNY) Steel structure no. 1,300 Net & Cage Box Bamboo structure no. 800 Ecological net & cage no. 500 Net & Cage Feed net & cage no. 3,000 Standing Stocks Ecological net & cage no. 500 Coffer Weir Fish Pond mu 49,291
6.5.3.4 Infrastructure
132. All the impacted infrastructures and special facilities will be compensated according to the replacement price which reflects the present value. Table 6-6 is the compensation standard for the infrastructure.
Table 6-6: Compensation standard for the appurtenance on the land Item Unit Compensation standard (Yuan) High voltage wire pole with Piece 3500 reinforcing bar and concrete Low voltage wire pole with Piece 3500 reinforcing bar and concrete Communication pole with Piece 3500 reinforcing bar and concrete Power transformer and Tower 100,000 distribution station
6.5.3.5 Special policy for the vulnerable group 133. Combining with the demand and the interest of the vulnerable group, the potential difficulty faced by the vulnerable groupduring the Resettlement planning and enforcement should be given special attention. The project office and the implementation unit will supervise the Resettlement course to guarantee the smooth progress of the enough payment of the compensation, distribution of the settling and construction site, social assurance plan and the payment of MLG for the disadvantaged group. The municipal government of Chongzuo, the project office and the implementation unit should provide them with assistance like free training, employment and micro-credit to recover their lives and income level. In the stage of Resettlement, the woman householders, the disabled and the old will get the priority to choose the settling and construction site.
Chapter 7 Entitlement Matrix
134. From the results of inventory surveys, the major impacts of LAR have been identified based on the nature of losses, and an Entitlement Matrix has been prepared as a guide to compensation payments. Compensation for land acquisition, and non-residential structure (used for aquaculture) demolishment will be paid to all users with or without legal certificates, including APs settled on the land and they are included in the final AP list or are able to prove their occupation of affected plots before the cut-off date determined by CMG. The compensation will be made in the forms of “cash” or “cash plus reconstruction land2 in the resettlement sites” for those farmers who loss their land. The principle for land acquisition is cash compensation. For the households to be affected by non-residential structure demolishment, relocation allowance and temporary transit subsidy will be provided. Compensation for standing crops, standing stocks, aquaculture, auxiliaries and other assets, basic infrastructures and special facilities will also be paid directly to the affected owners. The Project will not involve residential structure demolishment and enterprises and institutions. Table 7-1 presents the entitlement matrix. As no farmland will not re-allocated, the land compensation will be paid to the collectives and resettlement subsidy for the acquisition of rural collective land will be paid to the affected households directly. The reserved reconstruction land for tertiary business development will be allocated to the affected village/production group. The reserved land will be developed and managed by the village collective for profit making. The village collective will retain 30% of the dividends to be used as supplementary financing sources to implement income rehabilitation plan, i.e., social insurance for the farmers who loss their land, medical care, support for vulnerable groups, and investment fund. The remaining 70% dividends will be directly disbursed to the APs. The APs will get 100% of compensation for resettlement subsidy and standing crops. For those families whose structures, coffer weir fish pond and netcage boxes are affected, they will get cash compensation for the demolishment, relocation allowance and temporary transit subsidy.
Table 7-1 Entitlement Matrix Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions Permanent Collectively-owned Land All of the affected persons shall be provided by cash The standards of compensation paid to the village Project Office, Land The permanent land acquisition of compensation or compensation combination of cash committees are as follows: paddy field 13,700Yuan/mu, Chongzuo Acquisition (30 this project will be 474.84mu, and reconstruction reserved land. vegetable plot 25,348Yuan/mu, sugarcane field Municipal Urban households or including 27.02mu of paddy filed, 13700Yuan/mu, dry farmland 13,700Yuan/mu, woodland Construction 150 persons) 4.84mu of dry farmland, 34.17mu The compensation fees for collectively-owned land in 13,700Yuan/mu, shrubbery 4,720Yuan/mu, orchard Investment LLC, of vegetable plot, 29.98mu of rural area shall be directly paid to the affected village 17,180 Yuan/mu, grassland 2,740 Yuan/mu, uncultivated Chongzuo woodland, 65.89mu of shrubbery, collectives, resettlement compensation fees and young land 2,740Yuan/mu and homestead 23,290Yuan/mu. Municipal Bureau of 45.49mu of orchard, 97.54mu of crops compensation fees shall be directly paid to each Land compensation is included in the compensation fees. Land and grassland, 71.37mu of sugarcane affected household. Reserved tertiary industry land Resources, and filed, 62.83mu of uncultivated land shall be allocated to the affected villages or villager’s The standards of compensation paid to the affected Resettlement Office and 35.71mu of homestead. groups. persons are as follows: paddy field 10,890Yuan/mu, vegetable plot 17,965Yuan/mu, sugarcane field Relevant land taxes and fees shall be paid to Bureau 11,904Yuan/mu, dry farmland 10,790Yuan/mu, woodland of Land and Resources, including land acquisition 11,740 Yuan/mu, shrubbery 7,079Yuan/mu, orchard management fees, land management fees and so on. 17,180 Yuan/mu and grassland 1,918Yuan/mu. Resettlement subsidies and young crops compensation fees shall be included in the compensation fees.
Tertiary industry reserved land shall be allocated to the affected persons by the standard of 15m2 per person and shall be managed by village collectives for the development, 30% of profits generated from which will be retained by village collectives and the remnant 70% shall be directly distributed to the affected villagers.
During the construction phase and operating phase, the affected persons shall be provided job opportunities preferentially by the project owner.
Non-residential The total demolition area of Households ( 89 All of the affected persons The cash compensation paid to the affected persons for Project Office, Aquaculture non-residential aquaculture and households have no shall be paid by cash their building structure includes all of the materials Chongzuo
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions Buildings and facilities buildings is 17,512.98 m2 property ownership compensation. replacement costs and labor costs. The saved costs of Municipal Urban Facilities including 3,127m2 of brickwork certificates) materials and depreciation shall not be deducted from the Constrcution Buildings (89 structure, 1,217m2 of frame All of the affected persons compensation. The standards of building compensation Investment LLC, households or construction, 8,759.84 m2 of earth shall be paid by are as follows: frame construction 1,000Yuan/m2, Chongzuo 725 persons) houses, 1,252.4 m2 of simple compensation before the brickwork structure 600Yuan/m2, earth houses Municipal Bureau of structure, 2,097.88 m2 of livestock cut-off date which will be 350Yuan/m2, simple structure 120Yuan/m2, livestock Land and houses, 777.17 m2 of sheds, 237.8 decided by Chongzuo houses and sheds 100Yuan/m2, damaged construction Resources, m2 of damaged construction and Municipal Government and 80Yuan/m2 and water pump control rooms 600Yuan/m2. Resettlement 43.94 m2 of water pump control relevant authorities, including Office, Jiangzhou rooms. Project Management Office, Relocation subsidies shall be provided to the affected District Government implementation institutions, households by a compensation rate of 200 and village Chongzuo Municipal Bureau Yuan/household; additionally, a temporary transition committees. of Land and Resources and allowance of 80 Yuan/household shall be provided to the Chongzuo Municipal affected persons, 12 months in total, paid in a lump sum. Demolition and Resettlement Management Office and District Government. Illegal land utilization and hastily built buildings after the cut-off date being announced shall not be compensated. Chongzuo Municipal Government, implementation institutions, Chongzuo Municipal Bureau of Land and Resources and Chongzuo Municipal Demolition and Resettlement Management Office may take photos and record videos on the cut-off date, in case influx of people after the date. Once the cut-off date being decided, Chongzuo Municipal
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions Government will publicize it on Chongzuo Daily Newspaper and community notice boards. Resettlement subsidies and temporary transition compensation shall be paid to affected persons by cash. Auxiliary 686 meters of bounding wall, 6.7 All of the affected persons shall be paid by cash The cash compensations to be received by the affected Project Office, Facilities m2 of toilet, 44.46m2 of water pool, compensation of replacement costs. persons are as follows: bounding wall 70Yuan/meter, Chongzuo 1,450.1m2 of grain-sunning yard, toilet 70Yuan/m2, water pool 2,000Yuan/m2, Municipal Urban 192m2 of stone steps and 385 grain-sunning yard 50Yuan/m2, stone steps 60Yuan/ m2 Construction meters of bamboo fencing. and bamboo fencing 10Yuan/meter. Investment LLC, Jiangzhou District Government, village committees, Chongzuo Municipal Demolition and Resettlement Management Office and Resettlement Office 89 households 847 of fish culture cages with a Affected property All of the affected persons For cofferdam fish ponds and turtle farms full Project Office, and 725 total area of 28,045m2, including owners shall be provided by cash compensations shall be paid: turtle farms 30Yuan/m2 or Chongzuo persons to be 606m2 of feeding fish culture cages compensation. cofferdam ponds 42,291Yuan/mu. Municipal Urban affected by the and 241m2 of ecological cages. Construction removal of fish 513.28mu of cofferdam ponds (The All of the affected persons Cofferdam ponds fish culture cages full replacement cost Investment LLC, culture cages lake has been governed by shall be paid by compensation: steel structure 1,300Yuan/cage, bamboo Jiangzhou District and Chongzuo Municipal Control compensation before the structure 800Yuan/cage, ecological cages 500Yuan/cage. Government, village cofferdams Bureau of Water Resources, the cut-off date which will be committees, affected persons have been decided by Chongzuo Fish culture cage fry full compensation replacement Chongzuo engaged in illegal fishing, given Municipal Government and costs: feeding fish culture cages 3,000Yuan/cage; Municipal
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions these illegal or violating activities relevant authorities, including ecological cages 500Yuan/cage. Demolition and have been existing historically, the Project Management Office, Resettlement affected persons shall be implementation institutions, Management Office compensated for the removal of Chongzuo Municipal Bureau and Resettlement cofferdam ponds and fish culture of Land and Resources and Office cages.) Chongzuo Municipal Demolition and Resettlement Management Office and District Government. Illegal land utilization and hastily built buildings after the cut-off date being announced shall not be compensated. Chongzuo Municipal Government, implementation institutions, Chongzuo Municipal Bureau of Land and Resources and Chongzuo Municipal Demolition and Resettlement Management Office may take photos and record videos on the cut-off date, in case influx of people after the date. Once the cut-off date being decided, Chongzuo Municipal Government will publicize it on Chongzuo Daily Newspaper and community notice boards.
Resettlement subsidies and temporary transition shall be paid to the affected persons
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions by cash.
Infrastructure 14 reinforced concrete high voltage The affected property owner—Chongzuo Municipal Cash compensation shall be paid to the affected property Project Office, facilities and power poles, 38 reinforced Power Co., Ltd owners: reinforced concrete high voltage power poles Chongzuo special concrete low voltage power poles, 3,500Yuan/pole, reinforced low voltage power poles Municipal Urban facilities 12 reinforced concrete 3,500Yuan/pole, reinforced concrete communication Construction and communication telegraph poles and telegraph poles 3,500Yuan/pole and transformer and Investment LLC, 3 transformer and distribution distribution stations 100,000Yuan/station. Jiangzhou District stations. Government and Village Committee, Resettlement Office and village committees.
Chapter 8 Resettlement and Livelihood Recovery Plan
8.1 Targets and Principles of Resettlement Plan
135. The general targets of resettlement program are to provide the affected persons with new means of livelihood and to ensure the proper settlement of labor force; to improve the living and working conditions for the affected persons, at least above the level prior to the project. Income recovery plan is applied to the 30 households affected by permanent land acquisition, and the 89 households affected by the relocation of non-residential builds, cofferdam ponds and fish culture cages in Yanshan community. The principles of resettlement and recovery plan are as follows: ② Compensation includes cash compensation and reconstruction reserved land. ② The following policies shall be provided in the proposed resettlement development plan and livelihood recovery plan: during the implementation and operation phases of the project, job and income-generating opportunities will be provided; individual business engaged in tertiary industry will be developed (such as: garment stores, groceries, transportation, freight transportation, community service, repairing service, hairdressers, beauty salons, dry cleaners, entertainment and catering, hotels service and tourism); technical trainings will be provided to the affected individuals to improve their working skills for them to be hired by other employing units and enterprises. ③Proper implementation of resettlement plan shall be ensured, complying with relevant compensation policies, so as to ensure the improvement of the affected individuals‟ working and living conditions or at least the recovery of them. ④The resettlement plan shall be prepared and implemented in accordance with national land restoration policies, national economic and social development plan. National, collective and individual demands and interests shall be addressed equally in the resettlement plan. ⑤ The affected individuals shall consult relevant authorities about the details of resettlement plan and compensation rates. ⑥ Women‟s rights and obligations shall be taken into full considerations in the project.
8.2 Compensation and Resettlement Plan
8.2.1 Resettlement and Rehabilitation Plan for Households Affected by LA
136. Naqu village and Shuikou village in Yanshan Community of Jiangzhou district are adjacent to the edge of urban area. The planning land area of Shuikou Lake, located at the back of Longxia Mountain, boosts 6.8 hectares of lake area (after the planning and renovation) and the Chongzuo Stone Forest known as “the nationally rare landscape and the first in Guangxi”, possessing a high value of tourism development. Planning, constructing and improving the ecological environment of Shuikou Lake area attach great importance to the living quality of people living in Chongzuo city and the development of the Stone Forest.
137. For those 30 households or 150 persons who loss 474.84 mu of land, they will have the choice to select the reconstruction land for tertiary industry development. CMG will follow the “Implementation Method for the Social Security of the Land Lost
Farmers in Zhongzuo City” to proper arrange the future livelihood of the APs. The CMG will follow the standard for the allocation of the reconstruction land based on 15 m2/capita.
138. According to the recent survey, 100% of the 30 households prefer the option of being compensated by reconstruction reserved land and cash compensation, willing to reside in a resettlement site near their previous residences to maintain their previous living style and social relationships.
139. As the option for enterprises and institutions is cash compensation, Anti-aircraft Artillery Corps and Vocational School who are affected by the 66.5 mu of demolished cofferdam ponds will be compensated by RMB 2.81 million Yuan directly, including CNY 2.284 million to Anti-aircraft Artillery Corps and CNY 0.528 million to Vocational School. The affected employees‟ incomes will not be impacted, since they have earn fixed salary and none of them will lose their jobs
140. In order to fully take into account the wishes of the affected persons in combination with Chongzuo City Urban Master Plan layout, CMG has preliminarily planned two resettlement sites, including reconstruction land for tertiary industry development in the south area of the City. The resettlement sites will host some relocated families in the city and the reserved reconstruction land in the resettlement sites will be used for tertiary industry development. For those families who will choose the reconstruction land, they can enjoy 15 m2 of reserved reconstruction land per person. CMG will be responsible for the "three supplies and one leveling”. Table 8-1 provides the resettlement scheme for all households to be affected by permanent land acquisition. The reconstruction land will be managed by the village collective in a centralized way and be used to build commercial shops as rental property to make income earnings. In turn, the APs will get 70% of the dividends income and the village committees 30% of the dividends income.
Table 8-1: Resettlement of all the households requiring house relocation (N=30 households) Distance to Number Area of Number of the Reconstruction Affected of Current Reconstruction Affected Previous Sites Villages Affected Conditions Site(mu) Households Residence Persons (km) With an area of Currently the 59.82mu to Naqu drawing Punong Village, accommodate 179 8 28 0.7 design is in Relocation Site households Shuikou process. Village
Jinji and Maina With an area of Naqu Currently the New Village 137.2mu to Village, drawing 11 55 1.5 Relocation Site accommodate 443 Shuikou design is in process. households Village with an area of Naqu Currently the Taicun Relocation 61.32mu to Village, drawing 11 67 2.5 Site accommodate 195 Shuikou design is in households Village process. Total 30 150
141. Chongzuo Municipal Urban Construction Co., Ltd and the implementation
institution of Shuikou Lake Renovation Project shall be responsible for the ground control survey, road construction and construction of water supply and power supply at resettlement sites. According to the general planning of the whole city, the surrounding area of the resettlement sites will be equipped with well-functioning social service and infrastructure facilities, such as hospitals, financial service, commercial service, public transportation, schools and entertainment facilities etc. The new urban area will be built into a new development zone which will be well designed and facilitated, full functioning with comfortable environment, in combination of business, trade, logistics, residence, leisure and entertainment to form the window for opening up of Chongzuo City.
142. Based on the reconstruction land allocation standard, a total of 2,250 m2 or 3.4 mu of land will be reserved as the reconstruction land in the two resettlement sites, including 1,200 m2 or 1.8 mu of land in Naqu Village and 1,050 m2 or 1.6 mu of land in Shuikou Village.; hence the area on the ground floor to be rented out for commercial purposes will be 2,250m2 with an estimated rental revenue of 120Yuan/m2 and annual revenue of RMB 3,240,000 Yuan. Therefore, each affected household will receive an annual rental of RMB 108,000 Yuan, that is, RMB 14,690Yuan each person per year. Compared to the annual revenue per capita of RM B4,680 Yuan in Naqu Village and RMB 4,520 Yuan in Shuikou Village respectively prior to the land acquisition, villagers‟ incomes will be increased substantially. The new resettlement sites will have more convenient transportation, and the construction of road networks will be able to boost the development of city economy, therefore facilitating relevant economies and Resettlement of population to generate more rental revenue.
143. Land loss compensation shall be paid to the affected village committees and shall be used as investment funds of reserved tertiary industry land. Village committees will receive RMB 7,550,000 Yuan in total, land loss relocation subsidies and young crops compensation shall be paid directly to the affected individuals, RMB 1,020,000 Yuan in total, which is RMB 34,000 Yuan for each household. These compensation fees shall be utilized to develop tertiary industry by affected individuals, for more details please refer to section 8.2.4.
8.2.2 Resettlement Scheme of Affected Households Engaged in Aquaculture
144. Permanent land acquisition and demolition of this project consists of 17,512.98m2 of unauthorized aquaculture buildings and special facilities, including 11,612.9m2 in Naqu Village and 5,900.08m2 in Shuikou Village and 513.28mu of cofferdam fishponds and 28,045m2 or 847 pieces of fish culture cages. Cash compensations shall also be paid to the owners of unauthorized buildings, who will suffer losses of RMB 28,629Yuan per year for each household due to the removal. Cash compensation of RMB 363,560Yuan shall be paid to each household, that is, RMB44,630 Yuan per capita, which will be utilized to invest tertiary industry by affected persons, for more details please refer to section 8.2.4. Local government and implementation institutions shall preferentially provide the affected persons with job opportunities. Estimated incomes will be increased substantially compared to prior to the project.
8.2.3 Job Opportunities of the Project
145. The implementation of Shuikou Lake Renovation Project will generate more job opportunities which shall be provided to the affected labor force preferentially. Table 8-2 shows the annual job opportunities and estimated incomes of the potential employment positions in the next 5 years. Chongzuo Municipal Government will make joint effort with relevant authorities, including business owners holding employment
positions, Labor and Social Security Bureau and urban District Government, to arrange the said employment positions to the affected persons. For the 321 individual labor force in the project affected area, the affected individuals shall be provided with job opportunities before or at the moment of losing their land or productive assets. Government shall allocate the job opportunities provided by business owners among the affected persons who are willing to accept them, so as to ensure the job opportunities to be secured by the affected persons. The incomes generated from the affected persons‟ jobs (as shown in table 8-2) will be increased significantly compared to that of prior to the land acquisition and demolition of their productive assets, which consists of farming income of RMB 1,862Yuan/person or fishery income of RMB 4,163Yuan/person. Moreover, the priority of employment positions arrangement shall be given to affected ethnic minority households during the construction and operation phases.
146. Shuikou Lake Renovation Project will accelerate the urban infrastructure construction of Chongzuo city, be beneficial to the development of tourism industry in Chongzuo, improve the living quality of people living in the surrounding area of Shuikou Lake and facilitate population and materials flowing and the development of local economy. Since the establishment of Chongzuo city 6 years ago, the construction of Chongzuo urban area which is centered in the southern urban area has been changing quickly, road network stretching to all directions in the new district in southern urban area. 14 office buildings, including municipal administration center building, have been completed and have come into service; the construction of 33 institution buildings have been completed substantially, and more than ten local or non-local real estate developers have entered into the development of new district of southern urban area. Functioning as the administration and cultural center of Chongzuo, relying on the concentration pattern of administration center, cultural center, education center and commercial center, the new district of southern urban area will be built into an urban area with prosperous economy, social stability, thriving culture, pleasing sceneries and vigorous attraction and cohesion, becoming a genuine window showcasing the new images of Chongzuo. And Shuikou Lake will be constructed into an ecological tourism scenic spot. Consequently, the residents will benefit from the unlimited business opportunities and job opportunities generated from this project. It is estimated that after 2012, as shown in Table 8-2, 9,285 permanent job positions will be provided in the next 5 years.
Table8-2: Annual job opportunities and incomes generated from Shuikou Lake Renovation Project and city development Annual Job Employment Monthly Annual Income Opportunities Remarks Positions Income (Yuan) (Yuan) (amount) Mainly generated from Construction and 700 1,500―4,000 18,000―36,000 building construction and indoor decoration road construction Mainly generated from Temporary Workers construction of the project, during Project 300 1,200―1,500 14,400―18,000 such as security staff, porters Construction and construction workers Mainly the stall or store owners in the city and street Salespersons 400 1,500―2,000 18,000―24,000 stores, real estate salespeople and shop assistants Transportation Local passenger transport or 350 2,500―3,000 30,000―36,000 Service Providers freight transport Waiters 4,000 1,000－1,500 10800－18600 Local catering, hotel service
Annual Job Employment Monthly Annual Income Opportunities Remarks Positions Income (Yuan) (Yuan) (amount) and housekeeping service Tourist Area Travel agents, scenic spot 35 1,000－2,000 12,000－24,000 Employees management and tour guides Tourist goods sales, relevant Tourism Business 3,500 1,500－3,000 18,000－36,000 catering service and other Operators services Total 9,285
8.2.4 Development of Tertiary Industry
147. In addition to a series of livelihood recovery measures, such as cash compensation, commercial development income and job creation opportunities, according to the results of survey, 100% (321 persons) affected individuals are willing to invest the relocation compensation into the development of tertiary industry. Women are more suitable for the above-mentioned job opportunities, in fact, they accounts for about 39% of the labor force (321 persons). They will benefit the same as men do from the project. Once the affected villagers have received their land compensation fees, they will be engaged in new trades in the new district of southern urban area. Among the arrangements of new job opportunities, Chongzuo Municipal Government especially emphasizes on the working arrangement for the affected women, particularly the establishment of trades, such as hairdressers, groceries, restaurants, housekeeping service, handicraft workshops and tourist goods sales etc., such trades are all quite suitable for women. According to the social economy survey and discussions and consultations performed by the affected persons, 119 households of effected villagers are planning to be engaged in groceries (18 households/90 persons), catering service (23 households/95 persons), motorcycle transportation service (25 households/118 persons), garment stores (6 households/31 persons), taxi drivers (15 households/71 persons), hotel service (19 households/93 persons), repairing service (5 households/20 persons) or tourist goods sales (8 households/38 persons), to recover the income losses due to the expropriated cultivated land, removal of cofferdam ponds and fish culture cages. Each of the households will receive RMB 108,000 Yuan of land loss compensation and RMB 363,560 Yuan of aquaculture loss compensation, which shall be sufficient for them to start new trades. The affected persons should be able to start new businesses within about two months with compensation fees, which should be new sources of sustainable incomes.
148. As to grocery stores, the initial investment of the establishment of this trade will be RMB 30,000 Yuan, including RMB 10,000 Yuan for rental and RMB 20,000 Yuan for purchase of stock. It is estimated that the minimum quantity of customers will be 50 each day, with an average minimum spending of RMB 16.0 Yuan each day. Eventually, the annual turnover of a grocery store will be RMB 146,000 Yuan, thus the estimated annual net revenue will be RMB 70,800 Yuan (that is RMB 5,900 Yuan per month) after the deduction of RMB 6,000 Yuan (that is RMB 500 Yuan per month) of operation water and electricity charges, RMB 9,600 Yuan of employee wages (one person to be employed) and RMB 10,000 Yuan of sales tax and charges and other charges and RMB 40,000 Yuan of cost.
149. For those who choose catering service (usually fast food restaurants or rice noodles restaurants), the initial total investment will be RMB 30,000 Yuan, including RMB 20,000 Yuan of rental (the rental will not be included in costs if the premises is owned by the restaurant owner but included in cost), RMB 6,000 Yuan for purchase of
equipment and RMB 4,000 Yuan of working capital. It is estimated that the minimum costumers will be 80 persons per day, with an average spending of RMB 7 Yuan per day per capita. Eventually, the annual turnover will be around RMB 102,200 Yuan, hence the estimated annual net revenue will be RMB 52,600 Yuan (that is RMB 4,000 Yuan per month) after the deduction of RMB 30,000 Yuan of costs, RMB 9,600 Yuan of water and electricity charges (that is RMB 800 Yuan per month), and RMB 10,000 Yuan of sales tax and charges and other charges (that is RMB 840 Yuan per month).
150. For those who choose motorcycle transportation service, the initial total investment will be RMB 12,000 Yuan, including RMB 9,000 Yuan of cost of vehicle, RMB 3,000 Yuan of operation costs. It is estimated that the quantity of customers will be 60 persons per day with a charge of RMB 3 Yuan for each person per day. Eventually, the total annual revenue will be RMB 65,700 Yuan and the annual net income will be RMB 51,800 Yuan (that is RMB 4,310 Yuan per month) after the deduction of RMB 13,900 Yuan of annual total costs (including RMB 3,000 Yuan of management fee, RMB 10,000 Yuan of fuel expenses and RMB 900 Yuan of depreciation cost).
151. For those who choose retail garment stores (medium common stores), the initial investment will be RMB 24,000 Yuan with an annual rental of RMB 16,000 Yuan and garments costs of RMB 8,000 Yuan. It is estimated that averagely 20 pieces of garments will be sold each day, with gross profit of RMB 40 Yuan for each. Eventually, the annual total revenue will be RMB 84,000 Yuan, and the estimated annual net income will be RMB 54,000 Yuan after the deduction of costs and other expenses of RMB 24,000Yuan and sales tax and charges and other charges of RMB 6,000 Yuan.
152. For those who choose to be taxi drivers working for taxi service companies, the estimated annual income will be RMB 40,000 Yuan (equivalent to a monthly salary of RMB 3,330 Yuan). Their minimum net annual revenue will be RMB 70,000 Yuan with about RMB 30,000 Yuan of incomes of other family members included.
153. For those who choose the free of charge skill training programs provided by the government or implementation institutions and are planning to find job opportunities in nearby factories, commercial retail enterprises, supermarkets, housekeeping service or hotels, their monthly wages will be from RMB 900 Yuan to 1,500 Yuan, or from RMB 1,600 Yuan to 2,000 Yuan for relatively skilled jobs. The estimated annual incomes will be from RMB 10,800 Yuan to 24,000 Yuan, which will be significantly increased compared to their previous average annual income of RMB 1,862 Yuan.
154. For those who choose to be engaged in tourist goods sales or providing paid service in tourism development zones, their individual investments will be ranging from RMB 10,000 Yuan to 60,000 Yuan. The investment will be relatively low for the ordinary tourist goods sales or service providing, but the revenue will be considerably high due to the significant turnout of tourists in tourism areas. The investment will be relatively high for the providing of high-end tourist goods and service, nevertheless, the revenue will be increased proportionally, but certainly, the accompanied risks will likely be faced. Generally, at the initial stage of investment, government will guide the affected individuals through investment analysis to reduce the possibilities of occurrences of risks.
155. For the above said measures of recovering livelihood, the affected persons will use their relocation subsidies and young crops compensation as initial investment. Each of the households to be suffering the loss of land will receive an income of RMB 108,000 Yuan averagely and an average of RMB 363,560 Yuan will be paid to each of
the households who are suffering aquaculture loss, which shall be sufficient for them to start new trades
156. In order to restore their livelihood and recover their incomes, Chongzuo Municipal Government will be jointly working with relevant authorities, business owners with employment positions, Bureau of Labor and Social Security and urban District Government to make certain arrangements, so as to ensure that the affected persons will find the jobs provided in Table 8-2, or assist them with the development of tertiary industry shown in Table 8-3.
Table 8-5: Affected Persons Engaged in Tertiary Industry Affected Initial Estimated Net Business type Household(individuals) Investment(Yuan) Income(Yuan/year) to be Employed Groceries 18（90） 30,000 70,800 Catering Service 23（95） 30,000 52,600 Motorcycle Transportation 25（118） 12,000 51,800 Service Garment Stores 6（31） 24,000 54,000 Taxi Drivers 15（71） 40,000 70,000 Hotel Service Persons 19（93） 40,000 84,000 Repairing Service 5（20） 6,000 48,000 Tourist Goods Sales or 8（38） 10,000—60,000 40,000—120,000 relevant Service
Total 119（556） 24,000－100,000 100,000－200,000
8.2.5 Social Security
157. In addition to the above proposed income rehabilitation measures, Chongzuo City Government will provide social security system for rural APs in terms of social pension insurance, medical insurance and employment insurance to ensure the livelihood of the APs. The Guangxi Zhuang Autonomous Region Government issued “Method on Implementing Social Security System for Rural APs in Guangxi Zhuang Autonomous Region (Trial)” in March 2008. Based on the document, Chongzuo City Government 60 has issued “Method on Implementing Social Security System for Rural APs in Chongzuo City”, which states clearly on issues relating to the social pension insurance, medical insurance and employment insurance for rural APs whose land is acquired. For the social insurance, 30% contribution will come from the local government and 70% from rural collective and farmers (The land loss farmers pay 20% based on the 40% of the average wage of the urban workers in last year). All APs would like to pay for the social insurance as it will ensure their livelihood for their whole life in future..
158. In light with the Method, the social insurance fund for rural APs will be raised from APs, collective and local government, among which the percentage contributed by APs and collective will be no more than 70% and the percentage contributed by local government will be no less than 30%. The contribution of APs and collective mainly comes from land compensation payment. The contribution of local government comes from income generated from the state-owned land use rights transfer. Rural APs who participate in the social insurance and perform the obligation of payment will enjoy pension per month after the age of 60. All APs can get this benefit when they reach to the age of over 60.
159. With regards to medical insurance, the affected persons in rural area, that is, farmers affected by land acquisition shall be covered by the local medical security system in accordance with the principle of territorial jurisdiction. Those farmers affected by land acquisition whose household registrations have been changed to non-employment urban residents will join the Basic Medical Insurance for Urban Residents; those whose household registrations are still categorized as rural residents will join New Rural Cooperative Medical Care System; those migrant workers whose household registrations are still categorized as rural residents and those urban residents who are employed, will join the Basic Medical Insurance for Urban Residents through their employers, if any; the persons who are employed flexibly will join Basic Medical Insurance for Urban Residents as individuals. Additionally, the affected farmers who meet the standards of Subsistence Security for Urban Residents or Subsistence Security for Rural Extremely Underprivileged Residents will be covered by either system in accordance with the principle of territorial jurisdiction.
160. People‟s living standard and income will be improved by the implementation of the above said recovery measures.
8.2.6 Income-generating Opportunities Related to the Project
161. At the construction phase of this project, certain wage job opportunities will be provided to the affected persons, mainly relevant services for the construction of project. For example, the affected persons may rent out their spare housing (if any) as the offices of construction contractors or construction workers‟ accommodation; and they may run groceries to sell food, cigarettes, beer or beverages to the construction teams. During the construction, the project office and implementation institutions will make certain temporary jobs available, such as pipe-digging, transportation of building materials and sand.
162. During the operation of this project, the suitable and qualified affected persons will be employed or offered on-the-job training. Women or underprivileged population shall be offered certain amount of opportunities to be employed. After the completion of construction of resettlement sites, at the meantime, the allocation of reconstruction land shall be completed. As discussed with the implementation institutions, the initial plan is to provide about 50 public welfare positions to the affected persons preferentially, including 30 public green maintenance staff, 5 road maintenance staff, 20 security guards and 20 cleaners. The proportion of male to female to be employed is 1:2, and the wages will be ranging from RMB 600 Yuan to 1,200 Yuan per month. Therefore, the affected persons will be offered by opportunities to secure extra incomes and to improve their income level. By this way, the affected persons will benefit from the project.
8.2.7 Skill Training for the Affected Persons
163. In recent years, the economy in Chongzuo city has been developing rapidly, urban infrastructure facilities have been improving and the development of competitive industries has been increasingly accelerating in the wake of the establishment of Beibu Gulf Economic Zone, in Chongzuo city, the development of sugar industry, manganese industry, real estate industry, logistics industry, service industry and tourism industry is showing a promising prospect, which will boost the job market in Chongzuo city, and at the meantime, will bring about the shortage of industrial skilled workers and service industry employees.
164. For the purpose of creating a circumstance of self-reliance and self-development for the resettled people and recovering or improving their living standard as early as possible, the Demolition and Resettlement Office shall jointly work together with district labor and social security, financial, education, science and technology, Women‟s Federation authorities of this city, arranging and organizing technical and skill training programs in areas under their jurisdiction. Skill trainings shall be arranged with clear targets, emphasizing the principles of being practical and effective in accordance with the economic structural adjustments, changes of labor force market and employers‟ demands in each district. Skill training will be an efficient activity in recovering and improving the affected persons‟ incomes.
165. In consideration of the fact that in most of the affected households, the shortage of necessary job skills is common among their main labor force, especially women, thus, more than 50% of the participants of each training session shall be guaranteed to be women. The affected persons may choose to be employed close to their residences when they have obtained job skills after the training. All of the affected persons shall be involved in skill training programs; RMB 100,000 Yuan (RMB 204 Yuan for each affected person) of training expenses has been listed into the budget by project implementation institutions. The execution of training programs has been planned to be in venues with free facilities provided by villages and village committees, therefore, the reserved budget shall be sufficient for the training expenses.
166. The skill training programs for the affected persons have taken place from between January, 2010 and December, 2011 with one training each half a year, organized and executed jointly by District Government, village committees, Women‟s Federation, vocational and technical education authorities in the district where the project is located. Moreover, more than 50% of the participants of each training session have been guaranteed to be women. The contents of training are as follows: （1） Community public welfare position training, such as, community security guarding, cleaning, public environmental greening, public facilities maintenance, parking lot management; （2） Skill trainings of sewing, knitting and hairdressing for women; （3） Skill trainings of motorcycle, automobile and electric appliance repairing; （4） Trainings of automobile decoration and cleaning equipment; （5） Trainings of catering and hotel service and housekeeping service; （6） Salesmanship, registration and operation of small business.
Table8-4: Training Programs for Individuals and Employees Affected by This Project (Labor Force=321 persons) Average Training Labor Force to Annual Employment Training Monthly Period be Trained Income Remarks Positions Institutions Income (month) (amount) (Yuan) (Yuan) Public Welfare 2 Communities 50 1,200 14,400 Community Positions or Vocational security Schools guards, cleaning, public green, public facilities maintenance or parking lot management
Average Training Labor Force to Annual Employment Training Monthly Period be Trained Income Remarks Positions Institutions Income (month) (amount) (Yuan) (Yuan) Technical 3-6 Vocational 82 2,400 28,800 Motorcycle, Positions School automobile or electric Appliance Repairing Skills Training Positions for 1 Communities, 20 1,200 14,400 Nursery, Women Women’s Housekeeping Federation or Nursing care Positions for 1 Communities, 15 1,000 12,000 Specific 40s and 50s Women’s positions Federation government provided Skilled 3-6 30 1,600 19,200 Industrial and workers Vocational mining Schools enterprises Employees Business 2 Trade 56 2,500 30,000 Business Operation Associations, Operation Positions Vocational Schools Service 0.5－1 Vocational 68 1,400 16,800 Secretary, positions Schools hotel or catering service Total 321
8.2.8 Recovery Plan for Ground Attachments
167. The recovery of affected ground attachments shall be executed according to relevant compensation standards approved by Chongzuo Municipal Government Office, infrastructure facilities and special facilities shall be compensated according to replacement price principle. The compensation fees of ground appendixes shall be paid to the owner.
168. Property rights institutions shall be responsible for the recovery and reconstruction. The recovery measures for the affected facilities shall be planned and arranged in advance, and shall be guaranteed to be flexible to the real conditions, to be safe, effective and accurate and without any delay during the execution, so as to ensure the minimum unfavorable impacts to the people in the surrounding area.
169. For the affected public infrastructure facilities and special facilities, the responsible institutions shall be performing the removal according to the shop drawing of this project, so as to ensure the principle of not exerting any impacts on the construction of this project and to minimize the possibilities of demolition.
8.3 Special Attention during the Resettlement Progress
8.3.1 Gender Issues
170. As stipulated explicitly in the chapter of Women and Economy in Women’s
Development Planning of Guangxi Zhuang Autonomous Region (2001-2010), “We should safeguard the equal rights and opportunities of obtaining economic resources for women; we should eliminate gender discrimination in employment, realize the gender equality in employment and safeguard women‟s rights in employment.” Therefore, women and men enjoy equal rights in employment and training.
171. The survey of households affected by demolition and resettlement plan shows that women from the affected households are generally lack of labor skills except for housework, which causes disadvantages for them in securing new jobs when competing with male labor force, working part time or running small business having been their options usually. Especially in households with female household heads, women have to shoulder heavy family responsibilities. Future welfare services are of utmost importance to women. The compensations and other measures, such as job skill training adopted by the Resettlement Plan have to be focused on the special needs of them to eliminate the possible particular social risks faced by these households due to the construction of this project.
172. Women are also entitled to all of the payments of compensation, training programs and other assistances, all of the received reconstruction land and compensation fees are considered to be community property of a couple. For the purpose of protecting the properties of resettled people, both husband‟s and wife‟s names shall be recorded on relevant documents. In the period of resettlement, project implementation institutions will organize necessary publicity for the women in the community, requiring them to follow the process of resettlement closely, so as to ensure the understanding of information.
173. The government has reached an agreement with relevant implementation institutions, Women‟s Federation and village committees that Women‟s Federation will directly be involved in relevant consultations and guidance of income recovery and will participate in publicly, combining this activity with the current progress of construction, so as to ensure that women will be able to have sufficient funds to support their families after the resettlement.
8.3.2 Assistance to the Vulnerable Households
174. Totally, 19 households with 66 persons have been categorized into vulnerable groups, including households enjoying the five guarantees, households living below the poverty line, households with disabled persons and households dominated by women. Local Bureau of Civil Affairs and Bureau of Labor and Social Security shall be responsible for listing these disadvantaged households into social security scheme. Local Bureau of Civil Affairs will provide RMB 200 Yuan of basic cost of living allowance to each person of them per month. The disadvantaged persons will be guaranteed to receive a minimum monthly income of RMB 670 Yuan (minimum wage standard) for each of them if they secure jobs within the relocation site or through the project. The following measures will be followed to help them ensure the recovery of their incomes: (i) Providing the vulnerable groups with free trainings, such as vocational knowledge and skills; (ii) Providing them with social security measures; (iii) Providing job opportunities or job related information derived from the project; (iv) Providing them with micro loans.
175. Among all of the vulnerable groups, 6 persons who are from 6 households enjoying the five guarantees have been confined to beds for years or been disabled, without labor force or any source of income, only supported by government relief. They possess a 10m2 wooden house and a 14m2 of simple structure residence, being unable to be engaged in aquaculture, no economic losses to be caused by the
resettlement for them. Another two households have been engaged in family fishery, each of them having a fish culture cage. The resettled households with non-residential will be compensated by RMB 5,180 Yuan of cash for each of them, an additional cash compensation of RMB 1,300 Yuan will be paid to the households removing their cages. Meanwhile they will still enjoy government subsidies.
176. For the eight households who are living below the poverty line shall be provided with monthly basic cost of living allowance of RMB 250 Yuan per person by social security institutions. Three households who possess 3.2mu per capita of cultivated land will loss 0.83mu of land for each of them due to the permanent land acquisition, causing an income loss of RMB 100 Yuan per year for each household. Each household of them shall be paid by RMB 14,940 Yuan of land loss compensation. At the meantime, they may receive an annual profit share of RMB 14,690 Yuan per person from reserved tertiary industry land. The rest 5 households will receive RMB 59,150 Yuan of cash compensation for their losses of 1.2mu of cofferdam ponds. They may start to run small businesses by the compensations. Besides, the implementation institutions will also provide them with job training opportunities and Chongzuo Municipal Government will offer them micro loans and necessary assistances during the process of relocation.
177. For the 2 household with disabled persons, they shall receive demolition compensation for non-residential building and relocation subsidies. The treatments enjoyed by disabled persons will not be changed for them and Chongzuo Municipal Government will pay more attention and offer more assistance on the issue of building demolition.
178. Among the 3 households which have female householders, one of the households with a single person who has no other relatives has been living below the local poverty line (The local rural poverty line is defined as that the annual income per capita is less than RMB 1,196 Yuan) due to the physical vulnerability and advanced age; the incomes of the other 2 households with female householders and grown up children are between RMB 1,500Yuan and 2,800Yuan. After the land acquisition, the households with female householders will suffer income losses generated from fishery activities, ranging from RMB 700Yuan to 1,300Yuan. Moreover, implementation institutions will also offer more preferential policies on the compensations and provide them with job training opportunities. Chongzuo Municipal Government will also assist banks with their providing of micro loans and give necessary assistance during the process of relocation.
Chapter 9 Cost Estimation
9.1 Compensation and Resettlement Estimation
179. Cost of Resettlement compensation and resettlement is included in the total project budget. The estimated total cost of resettlement of this project will be RMB 54.45 million Yuan, equivalent to USD 8.64 million, calculated based on the price indices of 2012, including 15% of contingency expenses (tangible contingency expenses and reserve funds for price inflation). The estimated cost includes compensation fees for collective-owned land, non-residential buildings, auxiliary facilities, infrastructure and special facilities and other expenses and land related tax (including cultivated land tax, RMB 30Yuan/m2 for paddy land and vegetable plot, RMB 20Yuan/m2 for dry farmland; construction land use fees, RMB 8Yuan/m2, 316,576m2 in total; cultivated land occupancy tax RMB 2Yuan/m2, 316,576m2 in total). The details of estimated cost of Resettlement compensation and resettlement are shown as in Table 9-1; meanwhile, Table 9-2 shows the summary of cost.
Table 9-1: Detailed Cost Estimation of Resettlement Code Item Unit Quantity Unit Price(Yuan) Cost(Yuan) 1 Permanent Land Acquisition 9504776.87 1.1 Collective-owned Land mu 474.84 9504776.87 1.1.1 Paddy Field mu 27.02 24590 664421.8 1.1.2 Vegetable Plot mu 4.84 43349 209809.16 1.1.3 Sugarcane Field mu 34.17 25610 875093.7 1.1.4 Dry Farmland mu 29.98 24490 734210.2 1.1.5 Woodland mu 65.89 25440 1676241.6 1.1.6 Shrubbery mu 45.49 11799 536736.51 1.1.7 Orchard mu 97.54 34360 3351474.4 1.1.8 Grassland mu 71.37 4658 332441.46 1.1.9 Uncultivated Land mu 62.83 4658 292662.14 1.1.10 Homestead mu 35.71 23290 831685.9 2 Demolition of Aquaculture Buildings and Auxiliary Facilities 7819300.6 2.1 Aquaculture Buildings m2 17512.98 7448276.6 2.1.1 Concrete Structure m2 3127 1000 3127000 2.1.2 Brick Structure m2 1217 600 730200 2.1.3 Earth Structure m2 8759.84 350 3065944 2.1.4 Simple Structure m2 1252.4 120 150288 2.1.5 Livestock House m2 2097.83 120 251739.6 2.1.6 Shed m2 777.17 100 77717 2.1.7 Damaged Construction m2 237.8 80 19024 2.1.8 Water Pump Control Roo m2 43.94 600 26364 m 2.2 Relocation Subsidies household 23800 2.2.1 Relocation Subsidies household 119 200 23800 2.3 Temporary Settlement household 114240 Subsidies 2.3.1 Temporary Subsidies household 119 960 114240
2.4 Auxiliary Facilities 232984 2.4.1 Toilet m2 6.7 70 469 2.4.2 Water pond m2 44.46 2,000 88920 2.4.3 Concrete Grain-sunning Gr m2 1450.1 50 72505 ound 2.4.4 Stone Steps m2 192 60 11520 2.4.5 Bounding Wall m 686 70 48020 2.4.6 m 30 Fencing 385 11550
3 Removal of Coffer Weir Fish Pond and Netcage Aquaculture Boxes 28123884.5 3.1 Compensatio Steel Stru piece 1300 560 728000 n for Cages cture 3.1.1 Bamboo piece 800 46 36800 Structure 3.1.2 Ecological cage 500 241 120500 Cages 3.2.1 Compensatio Feeding C cage 3000 606 1818000 n for Fry in ages 3.2.2 Cages Ecological cage 500 241 120500 Cages 3.3 Cofferdam Fish pond mu 513.28 49291 25300084.5 4 Infrastructure Facilities and Special Facilities 524000 4.1 Reinforced Concrete High piece 14 3500 49000 Voltage Power Pole 4.2 Reinforced Concrete Low piece 38 3500 133000 Voltage Pole 4.3 Reinforced Concrete piece Communication Telegraph 12 3500 42000 Pole 4.4 Transformer and Distributi station 3 100000 300000 on Station Basic Expenses of Land Acquisition and Resettlement 45971962
5 Other Expenses 1119439.24 5.1 Preparation for 100000
Resettlement Plan 5.2 Management fee 1% of land acquisition and resettlement cost 459719.62 5.3 Inspection and Evaluation 459719.62 1% of land acquisition and resettlement cost Fee 5.4 Training Expenses 100,000 100000 6 Taxes Related to Land 4658367.96 6.1 Cultivation Fee for Estimated calculation Cultivated Land based on 30 Yuan/m2 for mu 96.01 paddy field and vegetable 1492607.96 plot and 20 Yuan/m2 for dry farmland 6.2 Land Use Fees for newly m2 Added Construction Land 316576 8 2532608 6.3 Cultivated Land Occupancy m2 316576 2 633152 Tax 7 Contingency Costs 6895794.29 7.1 Tangible Contingency Cost 10% 4597196.20
7.2 Reserve Funds for Price 5% 2298598.10 Inflation
Total 58645563.44
Table 9-2: Summary of Resettlement Cost No. Compensation Item Estimated Cost(Yuan) 1 Permanent Land Acquisition 9,504,776.87 2 Demolition of Aquaculture Buildings and Auxiliary Facilities 7,819,300.60 3 Removal of Fish Culture Cages and Cofferdams 28,123,884.5 4 Removal of Infrastructure Facilities and Special Facilities 524,000.00 5 Other Expenses 1,119,439.24 6 Taxes Related to Land 4,658,367.96 7 Contingency Expenses 6,895,794.29 8 Total 58,645,563.44
9.2 Fund flow 181. Allocation funds will be distributed through the following channels (See Table 9-4)
Table 9-3: Fund flow
Permanent requisition of Chongzuo collectedly-owned lands Urban Resettle (100% compensation for → Construction → ment → Villagers‟ Committee lands) Investment office Co., Ltd
Permanent requisition of Chongzuo collectedly-owned lands Urban Resettle Villagers‟ Persons (100% allocation subsidy → Construction → ment → Committe → influence + crops) Investment office e d Co., Ltd
Chongzuo Dividends distribution for Urban Resettle Villagers‟ Persons reconstructed lands (70% → Construction → ment Committe → influence to those influenced.) Investment office e d Co., Ltd
Chongzuo Dividends distribution for Urban Resettle reconstructed lands (30% → Construction → ment → Villagers‟ Committee to the collective) Investment office Co., Ltd
Chongzuo Urban Resettle Villagers‟ Persons Houses for cultivation and → Construction → ment → Committe → influence construction Investment office e d Co., Ltd
Chongzuo → Persons Urban Resettle Villagers‟ influence Appurtenants → Construction → ment → Committe d Investment Office e Co., Ltd
Chongzuo Urban Resettle Villagers‟ Persons Compensation for → Construction → ment → Committe → influence removal Investment office e d Co., Ltd
Relocation of net cages Chongzuo → and cofferdams Urban Resettle Persons influenced → Construction → ment Investment office Co., Ltd
Ground appurtenants → Chongzuo → Resettlement Office → Owner (including infrastructures Urban and special facilities) Construction Investment Co., Ltd
→ Chongzuo → Design institute Fees for investigation and Urban design Construction Investment Co., Ltd
Fees for office and → Chongzuo → Execution agency for land requisition management Urban and Resettlement Construction Investment Co., Ltd
Training fee → Chongzuo → Training agency Urban Construction Investment Co., Ltd
Fees for monitoring and → Chongzuo → Independent supervision agency assessment Urban Construction Investment Co., Ltd
Chapter 10 Implementation Plans for Land Acquisition and Resettlement
10.1 Principle
182. The resettlement schedule for land acquisition, non-residential structure demolition and resettlement for the Project will be coordinated with the respective construction schedule. Based on the time schedule of the Project, the land acquisition and resettlement schedule have been developed, reflecting the linkage and consistency between the time schedule of resettlement/land acquisition and civil works construction tasks.
183. In order to ensure that all aspects of the RP can be achieved, land acquisition will start at least one month before construction. The reconstruction land in the resettlement site should be constructed before old non-residential structures are demolished. Before the land acquisition and resettlement, a final measurement survey will be conducted in the affected village, and the contracts with each affected household will be negotiated and signed. The disbursement of compensation should be sufficiently paid. Also, arrangements for land acquisition and non-residential structure demolishment will be established before LAR proceeds.
10.2 Implementation plan for land requisition and Resettlement
184. The implementation of Resettlement shall be conducted step by step, which will be kept consistent with the construction plan. The civil works shall not be started before the influenced persons receive full compensation, allocated with all recovery measures implemented. “In place” means that all the measures have been taken and are recognized by the influenced persons.
185. The influenced communities have been measured and investigated finally before requisition of land and building removal. Compensation contracts are being negotiated and will be signed.
1866. The land requisition and Resettlement plan has four steps:
1) Land requisition and compensation plan Apply for “Land Use Permit”, “Permit for Lands for Construction” and “Permit for House Removal”; Any area influenced shall be measured and investigated for confirmation in details, and special losses will be compensated properly; Determine the poor and vulnerable groups; Determine the compensation and Resettlement through negotiation meetings with local government, persons influenced and their representatives; Hold meetings of public information and consultation for Resettlement; Sign contracts; Finally, determine the relocation places.
2) Land requisition and Resettlement To pay compensation; To construct the reconstructed places, infrastructure and other facilities in new allocation areas; To move the persons influenced to new relocation places; To remove the non-residential structures and other buildings.
3) Income recovery Provide job opportunities for the persons influenced during the project
construction and operation; Help the persons influenced to catch chances for employment and business in local enterprises and corporate business; Provide training with definite objectives; Advocate and develop the tertiary industry; Give special assistance to vulnerable groups.
4) Monitoring To employ monitoring agency; To obtain the approval of the supervision outline from the Asian Development Bank; To monitor the implementation of land requisition and Resettlement; To monitor the income recovery plan; To monitor the poverty reduction plan and the assistance to vulnerable groups; To supervise the project externally.
187. Table 10-1 shows the resettlement supervision milestones as well as the schedule for Resettlement implementation.
Table 10-1: Resettlement Supervision Milestones and Implementation Schedule Item Resettlement Objective Responsible Agency Expiration Status Task Date 1. Public Announcements 1.1 - Information 556 persons in 119 Implementation Jun 2012 In progress manual households Agency (Chongzuo influenced Urban Construction Investment Co., Ltd) and Resettlement office 1.2 - Approval of Two villages Chongzuo Jun 2012 In progress Resettlement Government, Local Plan Government and Resettlement Office 1.3 - The Resettlement Chongzuo Oct 2012 As planned Plan to be shown Government, Project on the website of Office, Implementation Asian Development Agency, Asian Bank Development Bank 2. Resettlement Plan US$ 8.6428 million Chongzuo Sep 2012 As planned and budget (to be reviewed) Government, local approval government and Resettlement Office 3. Agreements 3.1 - Compensation Two villages Chongzuo Dec. As planned fees Government, local 2012-June government, State 2013 Land Resources Bureau, House Demolition Office, Resettlement Office, Villager’s Committee, Project Office, Implementation Agency 3.2 - Households 556 persons Project Office, Dec. 2012 – As planned influenced Implementation June 2013 Agency, House
Item Resettlement Objective Responsible Agency Expiration Status Task Date Demolition Office, Resettlement Office, Villager’s Committee 4. Detailed plan implementation 3.1 - Village income Two villages Project Office, Jan 2013 -Dec As planned recovery Implementation 2014 Agency, Design Institute and Resettlement Office 3.2 - Identification of 19 households or 66 PMO, IA, CMG, May- Jul 2012 Completed vulnerable groups persons influenced Chongzuo Municipal Bureau of Civil Affairs/ Chongzuo Municipal Labor and Social Security Bureau 3.3 -Training for All the persons PMO, IA, RO and Jan 2013 - As planned persons influenced influenced Training Agency Dec 2014 6. Construction PLG, PMO, IA, RO, Mar 2012 - Jan In progress capacity building Land and Resources 2013 for project Bureau, House implementation Demolition Management Bureau and others 7. Monitoring and assessment 7.1 - Datum line 556 persons PMO, IA and DI March 2012 Completed） investigation influenced 7.2 - Establishment of Persons influenced in PMO and IA Oct 2012 - Jun As planned internal monitoring the Resettlement plan 2014 7.3 - Employment of Persons influenced in PMO Nov 2012 As planned external monitor the Resettlement plan 7.4 - Internal Quarter PMO, IA and RO Dec 2012 1st report monitoring report 7.5 - External Current year Dec 2012 Baseline monitoring reports IMA report Jun 2013 2nd report Dec 2013 3rd report
7.6 - Report of 1 report IMA All work Resettlement finished in Jun completion 2013 7.7 - Assessment Two annual reports Independent Dec 2014 1st report report monitoring Dec 2015 agency(IMA) 2nd report 8. Consultation documentation IA, RO and VC In progress 9. Complaint documentation IA, RO and VC In progress 10. Fund flow / compensation 10.1 -To the 50% Chongzuo Oct 2012 To be decided implementation Government agency 10.2 - To the affected ― ― ― Implementation Oct-Dec 2012 villagers’ Agency and committee Resettlement Office 10.3 - To the affected ― ― ― Implementation Oct 2012 - Dec households Agency and 2013 Resettlement Office
AFs= Affected families; CHDAO= Chongzuo House Demolition Administration Office; CLRB= Chongzuo State Land Resource Bureau; CMG=Chongzuo Municipal Government; DI= Design Institute; IA= Implementation Agency, Chongzuo Urban Construction Investment Co., Ltd; IMA= Independent Monitoring Agency; PLG= Project Leading Group; PMO= Project Management Office; RO= Relocation Office; VC= Villagers‟ Committee
Chapter 11 Organizational Framework
11.1 Establishment of project Resettlement institution
188. Chongzuo Urban Development Project Leading Group has been established by Chongzuo Municipal Government, and a Project Management Office (PMO) will run as Secretariat for connection with participants of other projects. As what aforesaid, Chongzuo Urban Construction Investment Co., Ltd runs as Project Execution Agency, which has an Allocation Office in charge of land requisition, demolition and relocation. Figure 11-1 Organizational Framework
189. The Project Execution Agency plays a key role in the relocation, in addition, there are other departments which will participate in the arrangement activity. Table 11-1 gives relevant Settlement Agencies and personnel.
Table 11-1 Related Settlement Agencies and Personnel
Agencies Personnel Project leading group 2 male and 1 female members, governmental officers with experience and college diplomas or above Chongzuo Project Management Office (PMO) 2 male and 2 female members, governmental officers and engineers with experience and college diplomas or above Chongzuo State Land Resources Bureau 2 male members, governmental (LRB) officers with experience and college diplomas or above Chongzuo House Demolition Administration 8 male and 3 female members, Office (HDAO) governmental officers with experience and college diplomas or above Jiangzhou District Government 1 male and 1 female members, governmental officers with experience and college diplomas or above
Chongzuo Urban Construction Investment 5 male and 2 female members, Co., Ltd /Project Execution Agency governmental officers and construction management personnel with experience and college diplomas or above Project Resettlement Office 7 male and 6 female members, governmental officers and NPC deputies with experience and college diplomas or above Villagers‟ Committee 5 male and 5 female members from Village Committee Legal Advisory Office 1 female lawyer Design Institution 2 male intermediate engineers
Agencies Personnel External Surveillance Agency 1 Resettlement expert
Project Project Leading Table 11-1 Land Requisition and Office Group Resettlement Organizational Framework
Chongzuo Chongzuo Chongzuo Jiangzhou Desig House Urban Legal State Land District n Demolition Construction Advisory Resources Governmen Institu Administration Investment Office Bureau t tion Office Co., Ltd / IA Monitoring Agency(IMA)
Independent
Engineering Administrati Financial Dept Office on Office
Project Resettlement Office
Village
Committee
Affected
persons
11.2 Responsibility
Table 11-2: Responsible organs Organs Responsibilities Project Leader - Lead, organize, coordinate the project and develop Group principles; - Review of the implementation of the resettlement plan; - Internal monitoring and review; - Decide on major issues in the process of land acquisition and resettlement.
Project - Implement the total project coordination and organization; Management - Coordination of the preparation and implementation of and Office land acquisition and resettlement plan; - Organize and coordinate the preparatory work of the resettlement plan; - Provide assistance to women and vulnerable groups; - Assume the capacity of the unit acting on behalf of ADB and participating in other projects.
Chongzuo - Apply to the Land and Resources Bureau for “land use Urban permit” and “land construction permit”; Construction - Pay placement fees and supervise its use; Investment Co., - Guide, coordinate and supervise the implementation of the Ltd. - schedule for resettlement plan; implementing - Organize and conduct internal supervision, decide on the agencies independent external supervisory body, and coordinate internal and external supervision; - Report land acquisition, the use of resettlement funds and periodical implementation to ADB; - Provide assistance to women and vulnerable groups; - Coordinate and deal with contradictions and problems in project implementation - Report land acquisition and building demolition to the Project Lead Group
Resettlement - Organize socio-economic surveys; Office - Survey of land acquisition and demolition; - Implement relocation; - Develop relocation implementation timeframe; - Assist the local government in signing land acquisition and resettlement agreement with the affected people; - Supervise the implementation of the resettlement plan; - Manage land acquisition and resettlement documents; - Provide assistance to women and vulnerable groups; - Train resettlement employees; - Coordinate and deal with contradictions and problems in project implementation; - Through coordination and arbitration to disputes and complaints; - Deal with legal issues in the process of land acquisition and resettlement; - Report land acquisition and resettlement to implementation units.
Chongzuo City - Implement the national policies on land acquisition; Land and - Participate in the inspection of the compensation standards Resources for land acquisition and compensation appendages; Bureau - Process and approve land acquisition; - Participate in the measurement survey and socio-economic surveys; - Participate in the preparation of the Resettlement Plan; - Issue land planning permits and land construction permits; - Issue public information for land acquisition; - Guide, coordinate and supervise the implementation of land acquisition and resettlement work; - Coordinate and deal with contradictions and problems in project implementation. Chongzuo City - Implement and enforce relevant laws and regulations on Housing house demolition; Demolition - Approve documents related to demolition resettlement and Management compensation plan, and issue demolition permits; Office - Register and manage housing relocation files; - Coordinate, supervise and inspect demolition activities and deal with the conflicts in the demolition; - Help the Resettlement Office with staff training.
Office of Legal - Provide legal advice in the course of project implementation. Advisor - Provide legal assistance for controversial issues in land acquisition and resettlement process.
District - Assist with the measurement and socio-economic surveys; Government - Assist with the preparation of resettlement plan; - Supervise the implementation by the community of the resettlement and recovery plan.
Villager‟s - Participate in the socio-economic survey and in the committee formulation of resettlement and rehabilitation plan; - Participation in the formulation of the resettlement plan and resettlement schemes; - Organize public consultation and publish the policies on land acquisition and resettlement; - Seek advice on the compensation payment and distribution; - Organize production and income restoration activities in the community; - Organize the development of the tertiary industry; - Reflect the complaints and suggestions of the affected masses to the higher authority; - Help women and vulnerable groups.
Design Institute - Optimize the design schemes to reduce the impact of placement to minimum; - Specify the affected sphere of land acquisition and demolition; - Conduct measurement and socio-economic surveys; - Assist in the preparation of the resettlement plan, - Provide technical services in the collection and processing of information and data to City PMO and implementing
agencies.
Independent - Provide technical support for the land acquisition and Monitoring resettlement; Agency - Work as an independent supervisor body to monitor the (IMA) implementation of the resettlement plan and report to the PMO implementation unit, the Resettlement Office and the Asian Development Bank
11.3 Institutional capacity enhancement
11.3.1 Assessment of institutional capacity
11.3.1 .1 Logistics and hardware
190. Chongzuo Urban Construction Investment Co., Ltd., has a Resettlement Office equipped with computers and other office devices. To ensure the smooth implementation of the project, a project resettlement office located in Chongzuo Urban Construction Investment Co., Ltd., will be set up, and equipped with office installations, transportation tools, and communications equipment, mainly including air conditioning, desks and chairs, computers, printers, telephones, fax machines, vehicles and office necessities. The associated costs shall be included in the day-to-day office expenses. The hardware facilities of the resettlement office will be about 50,000 Yuan.
11.3.1 .2 Financial affairs
191. At the technical assistance stage in project preparation, all of the cost incurred within the budget will be prepaid by the implementing agencies. Regardless of the staff capacities, the lack of funds in the project preparation stage will certainly affect the institutional establishment and preparation (including the preparation of the feasibility study report and resettlement plan). This issue has been taken into account in the resettlement plan and sufficient management fund for in the resettlement plan has been specified in the resettlement budget.
11.3.1 .3 Staff capacities
192. At the technical assistance stage of ADB project preparation, the consultants found that many government officials are experienced in the land acquisition and resettlement issues, however, yet hardly seasoned in the resettlement in the Asian Development Bank-funded projects, for no one has participated in the involuntary resettlement policies training of the Asian Development Bank prior to the project. So, there is a need for systematic training in involuntary resettlement.
11.3.2 Organizational capacity building
193. Asian Development Bank will fund the staff engaged in training placement. Part of the loans from Asian Development Bank will be provided, through specialized training courses and specified-site training of external oversight consultants, for organizational capacity building, mainly including the resettlement principles and policies, training in project plan management, planning and design, implementation schedule management, financial management, management information system, quality control, supervision and assessment, and project management.
194. Training will be provided to enhance the ability of the resettlement staff and help them work effectively. The following requirements are set depending on the actual situation:
- The training location should be sited outside Chongzuo City. It is preferable that the city of such site has the experience in successful placement in the Asian Development Bank projects, such students will be able to obtain experience in the class. This entails the help from the Asian Development Bank.
- The participants shall be those temporarily transferred to take care of the resettlement. Those officials participating in the discussion of resettlement plan with resettlement consultant providing project preparatory technical assistance must take the training.
- The training is set to January 2013 to December 2014.
Chapter 12 Supervision, Monitoring, Evaluation and Reporting
195. Project Management Office and the executive agencies will monitor and evaluate the implementation of the land acquisition and resettlement on a regular base, to ensure that the resettlement work is implemented in accordance with the resettlement plan and the livelihood of affected people is recovered up to objectives. The supervision consists of both internal and external supervision. The internal supervision is mainly the responsibility of implementing agencies and supervised by the project leader group, Project Management Office, and executive agencies to ensure the organizations involved in land acquisition and resettlement work comply with the principles of the resettlement plan and timeframe.
196. The aim of internal supervision is to urge the relevant organizations to effectively perform their duties, while external supervision and assessment are done by an independent body on a regular basis for land acquisition, demolition and resettlement.
197. Placement supervision includes: data collection, analysis and report of the progress of internal supervision, while external supervision includes inspection progress, with the main aim of assessing the quality and results of the placement.
198. The focus of the supervision of placement is on the following two aspects:
1) The progress of allocation and provision of the rights to the affected masses.
2) Compare the socio-economic situations before and after the resettlement of affected masses and village, especially the restoration of living standards. The socio-economic background information collected during the registration and census the affected masses shall be used for the valuation.
12.1 Internal Supervision
199. The Project Management Office, Chongzuo City Land and Resources Bureau, Chongzuo executive agencies shall undertake the internal supervision and assessment to ensure that the relevant departments implement the resettlement plan. The purpose of internal supervision is to ensure that the duties are performed in the resettlement process.
200. The executive agency is primarily responsible for internal supervision, including the activities, rights, recommendations, livelihood, problems of the affected masses, efficiency, time and budget, and so on:
- Allocation of the interests of the affected masses: The compensation, reinstatement sites, employment and the necessary subsidies specified in the resettlement plan.
- Social adaptability and cohesion: The impact of gender discrimination on affected the masses and vulnerable groups, public participation, non-governmental role, the attitudes and opinions of the impact mass after resettlement, the number of complaints and appeal procedures, the implementation of preferential policies
and income restoration measures as well as upgrade of the status of women in the village.
- The schedule of Land acquisition and demolition of buildings and the construction on reinstatement sites: distribute compensation, construct and allocate reinstatement sites, and update the resettlement plan and resettlement budget.
- Public participation and consultation: the affected masses participate in the implementation of the resettlement plan in accordance with the public consultation plan listed in the resettlement plan. Review livelihood registration and complaint response.
- Assistance to vulnerable groups.
201. We hope that internal supervision report is the document reflecting the progress and discovering major problems, the solution to the problems, consultation and, resettlement plan amendment if necessary, and the distribution of budget.
12.2 External monitoring and evaluation
202. According to the requirements of the Asian Development Bank, the Project Management Office shall specify an independent body to conduct external monitoring and evaluation of resettlement. The independent body should have a good reputation and successful experience, and fully understand the policies and placement requirements of the Asian Development Bank. The Project Management Office shall sign a contract with the body. The work plan for independent monitoring and assessment is listed in Annex 2.
12.2.1 Objectives and requirements for monitoring and evaluation
Objectives
203. The purpose of monitoring and evaluation is to verify whether the implementation of land acquisition and Resettlement meets the Resettlement plan, as well as the resettlement plan achieves its objectives and principles. In particular, monitoring and evaluation will focus on the following aspects of affected persons and the Resettlement process:
Economic situations before and after land acquisition or demolition; Timely payment of compensation; Environmental conditions; Social inclusion after resettlement; Restoration plan for vulnerable groups; Restoration measures for the affected persons, and affected production and livelihood; Compare APs‟ living and economic conditions after Resettlement and the people not affected within the scope of the project.
204. In monitoring and evaluation, a socio-economic baseline will be established for the affected persons before land acquisition or actual relocation. Regular monitoring will be conducted on the adjustments during the implementation, and living conditions will be evaluated after one or two years. With different methods in quality and quantity,
the living conditions of affected persons will be affected. The investigation will be subject to the interview with implementing agencies, local officials, village leaders, Resettlement office managers along with sampled 20-25% of affected households. The discussion with concerned groups will be conducive to find out the problems regarding the women, the poor and vulnerable groups and unemployed workers.
Monitoring indicators
205. The following indicators will be used for monitoring and evaluation, and be in line with the requirements of principles, entitlement and restoration measures set forth by the Resettlement plan:
The entitlement of affected household is announced: compensation, land, housing, employment, and specific necessary assistance in Resettlement plan; Development of economic productivity: it is required to provide jobs to the affected persons and calculate the affected number of employment and unemployment; Restoration of infrastructures and special facilities: in the resettlement sites, all the necessary infrastructures and special facilities should be restored to the level before the relocation; as for the compensation of all infrastructures and special facilities, newly purchased equipment shall be kept in the same level with the original. Satisfaction of the affected persons: the satisfaction of the affected persons in various aspects of the resettlement plan; it is required to review the operability of ways and means about complaints, and the resulting speed and results will also be monitored. Living standard: in the whole process of the implementation, the trend of life quality will be observed, and potential problems in restoration of living standards will also be identified and reported. The consultants will carry out a wide range of socio-economic survey after the relocation in order to record the living and situation of affected persons after the relocation. This survey will be undertaken each year, or ended after living and income of vast majority of households have been fully restored. Social inclusion: attitudes and reactions of children, the elderly, other vulnerable groups, public participants and the affected persons on previous living, complaints and representation procedures and resolved number, implementation of preferential policies, income restoration measures as well as influence on the improvement of women status.
Special consideration
206. Women, the poor and vulnerable groups shall be particularly concerned in the monitoring; these concerns include:
Status and role of the women: it is necessary to closely monitor the subtle changes in the status role and situation of the women. As for affected persons in the survey, at least 40% are women. Monitoring and evaluation unit shall provide the recommendations and assistance related to women's issues to implementing agencies. Attention to vulnerable groups: it is required to carefully monitor living conditions of poor families, the elderly, disabled affected persons and other vulnerable groups after the Resettlement to ensure that they will not be living hard. Monitoring and evaluation unit will provide sufficient Resettlement funds and information on fund use. Chongzuo Audit Bureau will audit the Resettlement accounts and funds. Successive audit results will be conducive to independent monitoring agency.
12.2.2 Methodology
207. The methodology for external monitoring and evaluation is as follows:
① The independent body will conduct a baseline survey for the affected area to obtain baseline of the affected masses. Annual survey will be conducted to measure changes in the production and living conditions of the affected masses. Affected families will be sampled for follow-up survey to be conducted by making occasional interviews or site visits to obtain sufficient data for assessment. ② Discuss with representatives of government, non-governmental organizations and of the affected masses. ③ Have talks with key figures, such as local village leaders, about resettlement implementation. ④ Convene village meetings to gather a variety of information about the resettlement work. ⑤ Directly observe the progress of the demolition and resettlement for clear purposes, and visit individuals or groups. ⑥ Conduct informal survey or conversation by non-sampling method with the affected people, villagers and staff engaged in resettlement.
12.2.3 Main tasks
208. The independent supervision body shall supervise and assess the resettlement related to the project and present the findings and assessment report to the Asian Development Bank, the implementation units and other departments concerned. These reports help the relevant departments with decisions. The affected masses and non-governmental organizations and groups shall be included in such assessment.
209. The external assessment shall include the following quality assessments: ① The compensation in full payment and the time of payment; ② The demolition and resettlement of affected masses; ③ Production and living conditions before and after placement; Do not have sex discrimination; ④ The recovery of the livelihood of the affected masses; ⑤ The operation and efficiency of the resettlement agencies. . 12.3 Requirements for reporting
210. Internal supervision reports shall be submitted quarterly by the project implementation agencies to the Executive Agency (EA), who shall include the reports in the progress reports to be submitted to the Asian Development Bank. External monitoring and evaluation reports shall be submitted by the external supervision agency directly to the executive agencies and the Asian Development Bank every six months. The external assessment reports shall be prepared every six months until the completion of the resettlement, and then the external monitoring agency shall also prepare an annual evaluation report once a year for two years after completion of resettlement activities. Also, after the successful completion of resettlement, the
executive agency shall prepare a resettlement completion report and submit it to the Asian Development Bank.
Appendix 1 Resettlement Information Manual
1. Introduction
1. The environment improvement project in Shuikou Lake, Chongzuo City is located in the south of Longxia Mount Forest Park, east of Ningming B road, and west of South Liancheng Road and is about 2 kilometers away from Chongzuo City People‟s Government. In recent years, being influenced by culture in enclosure, arbitrary building erection, water loss and soil erosion, and arbitrary dumping, on one side, the area of Shuikou Lake reduces with each passing day, and the sink capacity and flood storage capacity decrease by a large margin, on the other side, the pollutants produced by the surrounding industrial and agricultural industries are discharged arbitrarily, the natural water purification capacity is not enough to clean the water of Shuikou Lake under the influence of overloaded culture, and the lake environment is deteriorating.
2. This project aims to ensure lake‟s good water quality, restore the rational structure and sound functions of lake and river's ecological system to form a positive cycle, and keep a good lake environment for a long lasting time by controlling the lake pollution and other pollutant sources in the surrounding area, such as industry, agriculture, living and poultry farming. Try to make environment construction first, avoid repetition and waste caused by “treatment after pollution” and achieve regulation goal all at once. At the same time, a series actions, such as lake environment improvement, opening cofferdam, cleaning the silts at the bottom of the lake, ecological restoration, bank revetment, building a road around the lake, will be taken to make Shuikou Lake into an eco-wetland park known as the “kidney of Chongzuo City”, give play to the ecological effect, social benefit and social benefit brought by the wetland, and develop the lake area into an eco-city featured by “green hill, clear water and blue sky”.
2. Influence of land acquisition and Resettlement
3. The project requires 474.84mu collective-owned land and 30 households or 150 persons will be affected by the permanent land acquisition. As there is a need for land acquisition, 17512.98 m2 of farming buildings and facilities and other appurtenance and infrastructure which were built against rules and regulations by residents will be demolished and 89 households or 406 persons will be affected. The residential houses for the surrounding villagers will be preserved.
4. Besides above, 513.28mu illegal ponds and 28045 square meters or 847 net cages which were left over by history will also be removed. It is expected that a total of 89 households and 406 persons will be affected. All of them are the Zhuang nationality. Table 1 is the summary for the influence of land acquisition and Resettlement; table 2 is the influence of permanent land acquisition; table 3 shows the villagers‟ temporary farming buildings and facilities and other appurtenance needed to be demolished for the project; table 4 shows the ponds and net cages needed to be demolished for the project; and table 5 shows the conditions of infrastructure and special facilities.
Table 1: Summary for the influence of land acquisition and Resettlement Sum of families and people Demolition of cultivation Demolition of net cages and ponds built Administration Permanently requested land affected by buildings through cofferdam-making demolition and land acquisition Net cages Requested collectively-owned land Pond-building State- on lake Total Total area Affected Affected through Affected Affected Affected Affected District Township Village own Total surface area (mu) Affected Affected (mu) families people cofferdam- families people families people land area (square m families people making (mu) (mu) /pcs.) Naqu 4,744/ Yanshan 284.04 0 284.04 16 83 1,1612.9 58 268 386.25 58 268 74 351 Jiang Village 143 Commun- zhou Shuikou 23,301 / ity 190.80 0 190.80 14 67 5,900.08 31 138 60.53 31 138 45 205 Village 704 Governmental organs and public 66.5 2 319 2 319 institutions 28,045 / Total 474.84 0 474.84 30 150 1,7512.98 89 406 513.28 89(2) 725 119 875 847 Remark: Households and persons affected by the demolition of ponds and net cages will also be affected by the demolition of farming buildings and facilities. Two public institutions, including 319 staff, will be affected.
Table 2: Influence of permanent land acquisition Collective land Numb Number er of Dry Bus Law of perso Villag Irrigate Vegetabl Sugarca lan Fores h Hous Orchar n Wastelan househol ns to e d land e field ne field d t land woo e site Total d (mu) (mu) d (mu) ds to be be (mu) (mu) (mu) (mu (mu) d (mu) affected affecte ) (mu) d Naqu 29.5 46.3 284.0 24.88 31.42 61.26 4.71 29.98 8.25 24.08 23.56 16 83 village 8 2 4 Shuiko 36.3 51.2 190.8 u 2.14 2.75 10.11 0.13 0.00 37.24 38.75 12.15 14 67 1 2 0 village 65.8 97.5 474.8 Total 27.02 34.17 71.37 4.84 29.98 45.49 62.83 35.71 30 150 9 4 4
Table 3: Villagers’ temporary farming buildings and facilities and other appurtenance needed to be demolished for the project Jiangzhou district and community on hill side Item Unit Naqu village Shuikou village Total Number of households to be 58 Household 31 89 affected Number of persons to be 268 person 138 406 affected Total demolition area Square meter 11612.90 5900.08 17512.98 Framework house Square meter 325.50 891.50 1217.00 Brick house Square meter 1177.00 1950.00 3127.00 Earth house Square meter 8759.84 0 8759.84 Simple house Square meter 382.50 869.90 1252.4 Cattle house Square meter 523.70 1574.13 2097.83 Shed Square meter 251.82 525.35 777.17 Damaged house Square meter 148.6 89.20 237.8 Pump room Square meter 43.94 0.00 43.94 Appurtenance Toilet (3) Square meter 4.2 2.5 6.7 Pond (5) Square meter 25.40 19.06 44.46 Grain-sunning ground (2) Square meter 700.1 750.0 1450.1 Stone step (0.5m wide) Square meter 87 105 192 Wall Meter 425 261 686 Fence Meter 260 125 385
Table 4: Ponds and net cages needed to be demolished for the project Net cage Number Number of of Village to Area of pond Feeding cage Eco-cage household persons be affected (mu) s to be Cage （ 2） Cage （ 2） to be Area m Area m affected affected Naqu village 386.25 37 191 Shuikou village 60.53 9 42
Sub-total 513.28 46 233 Naqu village 56 2612 13 56 Shuikou village 550 18313 17 81
Sub-total 606 20925 30 137 Naqu village 87 2132 8 21 Shuikou village 154 4988 5 15 Sub-total 241 7120 13 36 Antiaircraft 1 213 artillery 54 corps Occupational 1 106 12.5 school Sub-total 66.5 2 319 Total 513.28 606 20925 241 7120 89（2） 406（319）
Table 5: Infrastructure and special facilities to be affected Item Unit Naqu village Shuikou village Total Reinforced concrete piece 8 6 14 high-voltage pole Reinforced concrete piece 23 15 38 low-voltage pole Reinforced concrete piece 6 6 12 communication pole Distribution substation set 2 1 3
3. Procedure for complaints
5. Persons affected may lodge a complaint regarding relevant Resettlement problem and compensation. Besides the existing local complaint channel, an open complaint channel has been established.
Step 1: 6. Person affected may lodge a complaint regarding land acquisition and Resettlement, orally or in writing, to the villagers‟ committee. The oral compliant will be recorded or solved by the villagers‟ committee. The villagers‟ committee shall make a decision or solve the problem within 2 weeks and notify the person affected of the result in writing.
Step 2: 7. If that person is not satisfied with the decision made in step 1, he may lodge a complaint to the district government office upon receipt of the decision. The office will make a final decision within 2 weeks and notify that person of the result in writing.
Step 3: 8. If that person is not satisfied with the decision made by the office, he may, upon receipt of this decision, lodge a complaint to Chongzuo city project management office, Chongzuo bureau of land and resources, and Chongzuo house demolition and management office within 2 weeks and. The offices and bureau will make a decision within 2 weeks and notify that person of the result in writing.
Step 4: 9. If that person is not satisfied with the decision made by the offices and bureau mentioned in the above paragraph, he may, upon receipt of this decision, lodge a complaint to the department of land and resources of Guangxi or the house demolition and management office of Guangxi. The department or office will make a final decision and notify that person of the result in writing.
Step 5: 10. If that person is not satisfied with the decision made by that department or office, he may, upon receipt of this decision, lodge a complaint to the people‟s court in accordance with the domestic legal procedure within 2 weeks. That person will receive a written notice.
11. The affected person may lodge a complaint regarding land acquisition and Resettlement, including compensation standard and payment.
4. Legal framework and policies
12. The primary purpose of the land acquisition and Resettlement plan is to ensure that the living level of the persons affected improves, at least equal to the level before the project begins. The land acquisition, demolition and resettlement for this project will be executed in accordance with the policy principles of ADB and the laws and regulations of China and local government:
Decision of the State Council on Deepening the Reform of Strict Land Administration (G.F. [2004] No. 28) (October 2004); Land Administration Law of the PRC (Revision 2004); Implementation Regulations for Land Administration Law of the PRC; December 1998; Circular of the Ministry of Finance and Ministry of Land and Resources on Adjustment of the Collection of Paid Use Fee for Newly Added Land (C.Z [2002] No. 93); Provisional Regulations of the PRC Regarding Tax on Land Occupation (2008); Land Administration Law of the PRC for Guangxi Autonomous Region (2001); Urban Property Administration Law of the PRC (1994); Guidelines for Evaluation of the Urban Houses to be Demolished (2004); Regulations on Administration of Urban House Demolition (Implemented in 2001); Rules of Guangxi Autonomous Region for Implementing the ‘Regulations on Administration (2003); Methods of Guangxi Autonomous Region for Implementing the ‘Regulations on Administration of Village and Town Planning Construction’(No. 15 decree of Guangxi People‟s Government); Circular of Guilin Development and Reform Regulations [2009] No. 52 on Annual Average Benchmark Standard and Demolition Compensation Standard for Acquisition of Land Used for Construction of Major Infrastructure in Guangxi Autonomous Region; Provisional Regulations of the PRC Regarding Tax on Land Occupation for Guangxi Autonomous Regions (2008) Reply Letter on Compensation Standards for Land Acquisition and Expropriation for Urban Construction of Chongzuo City CZH [2010] No. 21; Reply Letter on Compensation Standards of Demolition and Acquisition of Water Tank and Pond for Urban Construction of Chongzuo City CZH[2010] No. 95 Reply Letter on Acquisition and Expropriation of Green Crops and Attachments on the Land for Urban Construction of Chongzuo City CZH[2011] No. 74
Involuntary Resettlement, ADB (Manila, 1995) Resettlement Manual – Practical Guidelines, ADB (Manila, 1998) Gender Issues in Land Acquisition, Demolition and Resettlement, ADB (Manila, February 2003) Resettlement Manual: Bank policy and operation procedure (Manila, 2006)
4.1 Qualifications and Principles for Compensation
13. Person affected by the project is eligible for compensation. The affected person who (1) has to move to other place or has no place to live; (2) loses his property or his right to use his property; or (3) loses his source of income or livelihood due to the involuntary loss of land is eligible for compensation, no matter whether he moves or not. Within the scope of project influence, all the land owners and users and building occupants (no matter this building is illegal or not) who have to move due to land acquisition shall have the right to get fair compensation. The compensation is subject to the type and number of loss before the deadline decided by Chongzuo government. The compensation deadline will be noticed to the affected persons after the execution drawing and investigation are finished. Any new farmland, crops or trees and buildings obtained, planted or erected after the deadline will not be compensated for.
14. Compensation principles for the project are as follows:
(i) Provide fair compensation and right and interest to the affected persons, at least maintaining their living standards the same as those before the project and ensuring some improvement; (ii) All the affected persons, legal or illegal, shall be taken into consideration; (iii) Any person who takes up the land, building and appurtenance under the project after the compensation deadline given by the local government is not eligible for compensation; (iv) Timely give the compensation to the affected persons; (v) Provide preferential policies to the vulnerable groupin respect of compensation, distribution of relocation site and renewal land1, relocation and employment; (vi) Fully notify the affected persons of qualifications for compensation, compensation rate and compensation standards, income recovery plan and project time arrangement; (vii) Conduct close monitoring and take timely actions to find and solve any problems.
4.2 Compensation standard and interest and right
15. Any land or non-residential building (farming building) to be acquired and demolished will be compensated for no matter whether this land or building carries legal certificate or not. But here the house carrying no legal certificate or built temporarily means the house built in the construction suspension area before the construction suspension order is issued by Chongzuo government, the house under the project and built before the deadline, the house listed in the list of affected persons or the house occupied by the affected person before the deadline. Farmers
1 Renewal land means the land distributed to the family which loses its land due to permanent land acquisition. It can be used as the land reserved for the tertiary industry, such as shop, restaurant, motel, and factory, etc. This land is under the unified control of the villagers‟ committee and the profit generated therefrom may be distributed.
who lose their lands will be compensated with cash or renewal land (reserved land for the tertiary industry). In principle, the land acquired shall be compensated with cash. Family which is relocated for the reason other than residential house demolition will obtain the relocation subsidy. The compensation for crops, aquatic product, attachment, other assets and infrastructure will be directly paid to the owner. Table 6 shows the matrix for rights and interests.
Table 6: Entitlement Matrix Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions Permanent Collectively-owned Land All of the affected persons shall be provided by cash The standards of compensation paid to the village Project Office, Land The permanent land acquisition of compensation or compensation combination of cash committees are as follows: paddy field 13,700Yuan/mu, Chongzuo Acquisition (30 this project will be 474.84mu, and reconstruction reserved land. vegetable plot 25,348Yuan/mu, sugarcane field Municipal Urban households or including 27.02mu of paddy filed, 13700Yuan/mu, dry farmland 13,700Yuan/mu, woodland Construction 150 persons) 4.84mu of dry farmland, 34.17mu The compensation fees for collectively-owned land in 13,700Yuan/mu, shrubbery 4,720Yuan/mu, orchard Investment LLC, of vegetable plot, 29.98mu of rural area shall be directly paid to the affected village 17,180 Yuan/mu, grassland 2,740 Yuan/mu, uncultivated Chongzuo woodland, 65.89mu of shrubbery, collectives, resettlement compensation fees and young land 2,740Yuan/mu and homestead 23,290Yuan/mu. Municipal Bureau of 45.49mu of orchard, 97.54mu of crops compensation fees shall be directly paid to each Land compensation is included in the compensation fees. Land and grassland, 71.37mu of sugarcane affected household. Reserved tertiary industry land Resources, and filed, 62.83mu of uncultivated land shall be allocated to the affected villages or villager’s The standards of compensation paid to the affected Resettlement Office and 35.71mu of homestead. groups. persons are as follows: paddy field 10,890Yuan/mu, vegetable plot 17,965Yuan/mu, sugarcane field Relevant land taxes and fees shall be paid to Bureau 11,904Yuan/mu, dry farmland 10,790Yuan/mu, woodland of Land and Resources, including land acquisition 11,740 Yuan/mu, shrubbery 7,079Yuan/mu, orchard management fees, land management fees and so on. 17,180 Yuan/mu and grassland 1,918Yuan/mu. Resettlement subsidies and young crops compensation fees shall be included in the compensation fees.
Tertiary industry reserved land shall be allocated to the affected persons by the standard of 15m2 per person and shall be managed by village collectives for the development, 30% of profits generated from which will be retained by village collectives and the remnant 70% shall be directly distributed to the affected villagers.
During the construction phase and operating phase, the affected persons shall be provided job opportunities preferentially by the project owner.
Non-residential The total demolition area of Households ( 89 All of the affected persons The cash compensation paid to the affected persons for Project Office, Aquaculture non-residential aquaculture and households have no shall be paid by cash their building structure includes all of the materials Chongzuo Buildings and facilities buildings is 17,512.98 m2 property ownership compensation. replacement costs and labor costs. The saved costs of Municipal Urban
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions Facilities including 3,127m2 of brickwork certificates) materials and depreciation shall not be deducted from the Constrcution Buildings (89 structure, 1,217m2 of frame All of the affected persons compensation. The standards of building compensation Investment LLC, households or construction, 8,759.84 m2 of earth shall be paid by are as follows: frame construction 1,000Yuan/m2, Chongzuo 725 persons) houses, 1,252.4 m2 of simple compensation before the brickwork structure 600Yuan/m2, earth houses Municipal Bureau of structure, 2,097.88 m2 of livestock cut-off date which will be 350Yuan/m2, simple structure 120Yuan/m2, livestock Land and houses, 777.17 m2 of sheds, 237.8 decided by Chongzuo houses and sheds 100Yuan/m2, damaged construction Resources, m2 of damaged construction and Municipal Government and 80Yuan/m2 and water pump control rooms 600Yuan/m2. Resettlement 43.94 m2 of water pump control relevant authorities, including Office, Jiangzhou rooms. Project Management Office, Relocation subsidies shall be provided to the affected District Government implementation institutions, households by a compensation rate of 200 and village Chongzuo Municipal Bureau Yuan/household; additionally, a temporary transition committees. of Land and Resources and allowance of 80 Yuan/household shall be provided to the Chongzuo Municipal affected persons, 12 months in total, paid in a lump sum. Demolition and Resettlement Management Office and District Government. Illegal land utilization and hastily built buildings after the cut-off date being announced shall not be compensated. Chongzuo Municipal Government, implementation institutions, Chongzuo Municipal Bureau of Land and Resources and Chongzuo Municipal Demolition and Resettlement Management Office may take photos and record videos on the cut-off date, in case influx of people after the date. Once the cut-off date being decided, Chongzuo Municipal Government will publicize it
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions on Chongzuo Daily Newspaper and community notice boards. Resettlement subsidies and temporary transition compensation shall be paid to affected persons by cash. Auxiliary 686 meters of bounding wall, 6.7 All of the affected persons shall be paid by cash The cash compensations to be received by the affected Project Office, Facilities m2 of toilet, 44.46m2 of water pool, compensation of replacement costs. persons are as follows: bounding wall 70Yuan/meter, Chongzuo 1,450.1m2 of grain-sunning yard, toilet 70Yuan/m2, water pool 2,000Yuan/m2, Municipal Urban 192m2 of stone steps and 385 grain-sunning yard 50Yuan/m2, stone steps 60Yuan/ m2 Construction meters of bamboo fencing. and bamboo fencing 10Yuan/meter. Investment LLC, Jiangzhou District Government, village committees, Chongzuo Municipal Demolition and Resettlement Management Office and Resettlement Office 89 households 847 of fish culture cages with a Affected property All of the affected persons For cofferdam fish ponds and turtle farms full Project Office, and 725 total area of 28,045m2, including owners shall be provided by cash compensations shall be paid: turtle farms 30Yuan/m2 or Chongzuo persons to be 606m2 of feeding fish culture cages compensation. cofferdam ponds 42,291Yuan/mu. Municipal Urban affected by the and 241m2 of ecological cages. Construction removal of fish 513.28mu of cofferdam ponds (The All of the affected persons Cofferdam ponds fish culture cages full replacement cost Investment LLC, culture cages lake has been governed by shall be paid by compensation: steel structure 1,300Yuan/cage, bamboo Jiangzhou District and Chongzuo Municipal Control compensation before the structure 800Yuan/cage, ecological cages 500Yuan/cage. Government, cofferdams Bureau of Water Resources, the cut-off date which will be village committees, affected persons have been decided by Chongzuo Fish culture cage fry full compensation replacement Chongzuo engaged in illegal fishing, given Municipal Government and costs: feeding fish culture cages 3,000Yuan/cage; Municipal these illegal or violating activities relevant authorities, including ecological cages 500Yuan/cage. Demolition and
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions have been existing historically, the Project Management Office, Resettlement affected persons shall be implementation institutions, Management Office compensated for the removal of Chongzuo Municipal Bureau and Resettlement cofferdam ponds and fish culture of Land and Resources and Office cages.) Chongzuo Municipal Demolition and Resettlement Management Office and District Government. Illegal land utilization and hastily built buildings after the cut-off date being announced shall not be compensated. Chongzuo Municipal Government, implementation institutions, Chongzuo Municipal Bureau of Land and Resources and Chongzuo Municipal Demolition and Resettlement Management Office may take photos and record videos on the cut-off date, in case influx of people after the date. Once the cut-off date being decided, Chongzuo Municipal Government will publicize it on Chongzuo Daily Newspaper and community notice boards.
Resettlement subsidies and temporary transition shall be paid to the affected persons by cash.
Type of Degree of Impacts Entitled Perosns Compensation Policies and Standards Responsible Losses Institutions Infrastructure 14 reinforced concrete high voltage The affected property owner—Chongzuo Municipal Cash compensation shall be paid to the affected property Project Office, facilities and power poles, 38 reinforced Power Co., Ltd owners: reinforced concrete high voltage power poles Chongzuo special concrete low voltage power poles, 3,500Yuan/pole, reinforced low voltage power poles Municipal Urban facilities 12 reinforced concrete 3,500Yuan/pole, reinforced concrete communication Construction and communication telegraph poles and telegraph poles 3,500Yuan/pole and transformer and Investment LLC, 3 transformer and distribution distribution stations 100,000Yuan/station. Jiangzhou District stations. Government and Village Committee, Resettlement Office and village committees.
5. Resettlement Compensation and resettlement plan
16. Overall goal of Resettlement project will be targeted to offer a new livelihood opportunity to the affected persons, and to settle down labor force properly; and it is also aimed to improve the life and production of the affected persons, at least not lower than the level before the project. Resettlement and restoration shall be subject to the principles below: ①Compensation includes cash or back- building land; ② Arrangement and development plan will be proposed, and the following policies related to livelihoods recovery plan will be provided below: employment and income-generating opportunities will be provided in project implementation and operation phases; self-employed business in tertiary industry will be developed (such as: apparel, groceries, transportation, freight, community service, repair, hair salon, beauty salon, dry cleaners, entertainment, catering and hotel services, as well as tourism); technical training will be offered for the affected persons to enhance their work skills so that they could be employed by other institutions; ③The resettlement plan will be implemented, and relevant compensation policies will be complied with to ensure that production and life of affected persons can be improved or at least restored; ④Resettlement plan shall be prepared and implemented according to national land restoration plan along with national economic and social development plans. The needs and interests of the state, collectives and individuals shall be equally taken into consideration in Resettlement plan; ⑤Affected persons shall consult with the issues related to the development of Resettlement plans and compensation rate; ⑥Women's rights and obligations shall be fully considered within the project.
17. For people losing their lands, two Resettlement choices are proposed: i) “Back-building land + cash compensation” (Chongzuo municipal government will provide back-building lands in relocation sites to the affected persons as per 15 square meters per capita); ii) Cash compensation. The demolition of non-residential structures, pond and cage farming will be compensated in cash to the affected persons, including relocation and resettlement subsidies and temporary transition costs. Project Management Office, implementing agencies, Resettlement office and local government will offer necessary relocation subsidies during Resettlement implementation.
18. Economic recovery measures include: (i) in project construction phase, 490 personal employment opportunities per year will be provided for the affected persons while in operational phase, 50 public-service jobs will be offered; (ii) Social insurance will be provided, where local government pays 30%, and village collective and farmers pay the remaining 70% (farmers losing their lands pay 20% out of 40% average wage of urban workers last year);(iii) Non-agricultural production, including the development of tertiary industry, will be taken into account. Total 119 families or 556 persons are affected, where 18 families or 90 persons engage in “grocery stores”, 23 families or 95 persons deal with “catering services”, 25 families or 118 persons undertake "transportation", 6 families or 31 persons go in for “apparel”, 15 families or 71 persons carry on "Taxi", 19 families or 93 persons employ themselves in "hotel services", 5 families or 20 persons are related to "maintenance", as well as 8 families or 38 persons take the sales of tourism products; (iv) Construction, distribution and unified profitability dividends of back-building lands (70% for the affected persons, while 30% for village collective, used to pay for welfare services and pensions); (iv) Technical training will be provided to improve work skills of 490 affected labors and help them to get future employment opportunities in other enterprises and commercial institutions. In addition, one-time relocation subsidy and temporary transition cost will be paid to the families with their non-residential buildings demolished and cofferdam
pond and cage farming facilities dismantled in the project.
Revenue opportunities associated with the project 19. In project construction phase, the affected persons can find out some revenue opportunities, mainly referred to related services for the project construction. For example, the affected persons can provide excess houses (if any) used as the Office of the contractor or construction worker housing; set up grocery kiosks to sell food, cigarettes, beer, drinks, etc. to the engineering team. Project Management Office and implementing agencies will provide some temporary jobs during construction, such as water pipe digging and building materials and sand transport.
20. Competent affected persons will be employed or accept some on-the-job training during the operation. Women and poor priority will be given priority to the employment. According to the discussions with implementing agencies, 50 public service jobs will be considered for the affected persons after resettlement sites are built: 30 landscape workers, 5 road maintenance workers, 20 security guards and 20 logistics cleaners. The male to female ratio will be 1: 2, with about 600-1200 Yuan / month. The affected persons will receive additional employment and income opportunities. Therefore, the affected persons will benefit from the relocation.
Technical training for the affected persons 21. To create a self-reliant, self-development environment for immigrants, and restore or improve immigrants living standards as far as possible in a short period of time, the relocation and resettlement office will work and cooperate together with labor and social security, finance, education, science and technology, the Women's Federation and other departments in municipal and district levels to be in charge of organizing technical skills training under the jurisdiction. Technical training will be based on practical, effective and targeted principles according to the adjustment of economic structure in municipal and district levels, changes in labor market and employer requirements. Technical training will be one of effective actions taken to recover and improve the income of affected persons.
22. The period of skill training for affected people will start from January 2010 to December 2011, and be organized jointly by district government, villagers' committee, women's federation and vocational and technical education department, where the project is located, every six months. Training is available for all the affected persons, especially for labor and women directly affected, and more than 50% of the women shall be guaranteed every training. Training includes:
(1) Community security, cleanliness and sanitation, public environmental greening, public facility maintenance, parking management, as well as other job training for community welfare; (2) Skills training like women sewing and weaving, along with hair and beauty; (3) Skills training like motorcycles, automobiles, and electrical maintenance; (4) Management training like automotive beauty and equipment cleaning; (5) Catering and hotel service, and domestic service training; (6) Product promotion, and registration and operating of small business.
6. Cost estimates and implementation plans
23. Resettlement cost is included in total project budget. It is estimated that total cost of project Resettlement will reach 58.65 million Yuan, equivalent to US$ 8,642,800 in 2012. 15% of unforeseen cost is covered (physical goods reserve and contingency fund for rising price). The estimated costs include the compensation for collective land,
non-residential buildings and appurtenances, infrastructure and special facilities, other costs as well as land tax.
24. The Resettlement will be planned step-by-step, which will be consistent with project construction from October 2012 to May 2014. Land acquisition will continue from early June 2012 to December 2012. The back-building land in resettlement sites will be completed from June 2012 to March 2013. The affected persons will be resettled for back-building land from January to June 2013.
Appendix 2 Working Outline of External Monitoring and Evaluation
I. Introduction
1. According to construction supervision regulations promulgated by Ministry of Housing and Urban-Rural Development of the People's Republic of China in 1995, all construction projects should be reasonably supervised. This is also subject to the provisions of Asian Development Bank which provides land acquisition and Resettlement of loan project should be monitored and evaluated reasonably. In order to make the resettlement plan meet the requirements of urban development plans in Chongzuo, Guangxi, internal and external monitoring shall be performed during and after the implementation of the project.
2. Independent monitoring and evaluation agency will be engaged in external Resettlement monitoring and evaluation throughout the course. The advisory body shall be subject to the entity with Resettlement experience in ADB or World Bank in the country.
3. Monitoring and evaluation will include, but not limited to the followings:
Monitor implementation steps and efficiency of Resettlement plan; Evaluate income recovery and post-Resettlement of the affected persons and communities.
II. Objectives and requirements for monitoring and evaluation
4. The purpose of monitoring and evaluation is to verify whether the implementation of land acquisition and Resettlement meets the Resettlement plan, as well as the resettlement plan achieves its objectives and principles. In particular, monitoring and evaluation will focus on the following aspects of affected persons and the Resettlement process:
Economic situations before and after land acquisition or demolition; Timely payment of compensation; Environmental conditions; Social inclusion after resettlement; Restoration plan for vulnerable groups; Restoration measures for the affected persons, and affected production and livelihood; Compare APs‟ living and economic conditions after Resettlement and the people not affected within the scope of the project.
5. In monitoring and evaluation, a socio-economic baseline will be established for the affected persons before land acquisition or actual relocation. Regular monitoring will be conducted on the adjustments during the implementation, and living conditions will be evaluated after one or two years. With different methods in quality and quantity, the living conditions of affected persons will be affected. The investigation will be subject to the interview with implementing agencies, local officials, village leaders, Resettlement office managers along with sampled 20-25% of affected households. The discussion with concerned groups will be conducive to find out the problems regarding the women, the poor and vulnerable groups and unemployed workers.
III. Monitoring indicators
6. The following indicators will be used for monitoring and evaluation, and be in line with the requirements of principles, entitlement and restoration measures set forth by the Resettlement Plan:
The entitlement of affected household is announced: compensation, land, housing, employment, and specific necessary assistance in Resettlement Plan; Development of economic productivity: provide jobs to the affected persons and calculate the affected number of employment and unemployment; Restoration of infrastructures and special facilities: in the resettlement sites, all the necessary infrastructures and special facilities should be restored to the level before the relocation; as for the compensation of all infrastructures and special facilities, newly purchased equipment shall be kept in the same level with the original. Satisfaction of the affected persons: the satisfaction of the affected persons in various aspects of the resettlement plan; it is required to review the operability of ways and means about complaints, and the resulting speed and results will also be monitored. Living standard: in the whole process of the implementation, the trend of life quality will be observed, and potential problems in restoration of living standards will also be identified and reported. The consultants will carry out a wide range of socio-economic survey after the relocation in order to record the living and situation of affected persons after the relocation. This survey will be undertaken each year, or ended after living and income of vast majority of households have been fully restored. The affected workers will be assisted in the re-employment, and compensated for lost wages. Social inclusion: attitudes and reactions of children, the elderly, other vulnerable groups, public participants and the affected persons on previous living, complaints and representation procedures and resolved number, implementation of preferential policies, income restoration measures as well as influence on the improvement of women status.
IV. Special consideration
7. Women, the poor and vulnerable groups shall be particularly concerned in the monitoring; these concerns include:
Status and role of the women: it is necessary to closely monitor the subtle changes in the status role and situation of the women. As for affected persons in the survey, at least 40% are women. Monitoring and evaluation unit shall provide the recommendations and assistance related to women's issues to implementing agencies. Attention to vulnerable groups: it is required to carefully monitor living conditions of poor families, the elderly, disabled affected persons and other vulnerable groups after the Resettlement to ensure that they will not be living hard. Monitoring and evaluation unit will provide sufficient Resettlement funds and information on fund use. Chongzuo Audit Bureau will audit the Resettlement accounts and funds. Successive audit results will be conducive to independent monitoring agency.
V. Contents and publication of independent monitoring report
8. A monitoring report will include:
Investigation and evaluation results; Major existing and potential problems; If necessary, recommended mitigation or prevention measures will be integrated in the revised plan; Evaluation of the previous tracking activities.
9. Independent supervision agency will submit a copy of the report to ADB. Project Management Office will send a completed Resettlement report to ADB and deliver post-Resettlement impact evaluation report to supervision agency. The report shall provide more proof to confirm whether more adverse effects have been mitigated, and at least household income of the affected persons has been restored to the level enjoyed by the unaffected persons.
VI. Monitoring plan
10. Internal supervision report shall be submitted by the monitoring agency to ADB, implementing agencies, executing agencies, Resettlement office, Bureau of Land and Resources, Housing Demolition and Relocation Management Office and other related departments every six months. During Resettlement implementation, external evaluation report shall be conducted every six months, until within two years after the resettlement, and then external supervision agency will prepare a copy of annual evaluation report per year, until the project is completed. Table 1 shows the schedule for Resettlement monitoring and evaluation.
Table 1: Schedule for Resettlement monitoring and evaluation No. Monitoring and evaluation report Date Baseline survey of socio-economic From August to September 1 information 2012（ 2 The first monitoring report December 31, 2012( 3 The second monitoring report June 31, 2013 4 The third monitoring report December 31, 2013 6 Resettlement completion report June 31, 2014 7 The first annual evaluation report December 31, 2014 8 The second annual evaluation report December 31, 2015