Resettlement Planning Document
Resettlement Plan Document Stage: Final Project Number: 42010 December 2009
People's Republic of China: Guangxi Southwestern Cities Development Project – Fangchenggang City Urban Road Network and Related Municipal Infrastructures Component
Prepared by Fangchenggang City Gangkou District Urban Construction and Investment Co., Ltd. with the assistance of Beijing Enrimu Science & Technology Consulting Co., Ltd.
The 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
Fangchenggang City Urban Road Network and Related Municipal Infrastructures Component
Full Resettlement Plan
Fangchenggang City Gangkou District Urban Construction and Investment Co., Ltd.
Prepared with Assistance of
Beijing Enrimu Science & Technology Consulting Co., Ltd.
7 December 2009
ENDORSEMENT LETTER FOR THE RESETTLEMENT PLAN
The Fangchenggang City Gangkou District Urban Construction and Investment Co. Ltd. (FCGDUCICL), the implementation agency (IA), together with the assistance of the Beijing Enrimu Science & Technology Consulting Co. Ltd. (BESTCCL) has prepared this full Resettlement Plan (RP) for the Fangchenggang City Urban Road Network and Related Municipal Infrastructures Component under Guangxi Southwestern Cities Development Project, which is under application for a loan from the Asian Development Bank (ADB).
The RP fully complies with requirements of the relevant laws, regulations and policies of People’s Republic of China, Guangxi Zhuang Autonomous Region and Fangchenggang Municipal Government as well as complies with ADB’s policy on involuntary resettlement.
This resettlement plan is based on the feasibility study report (FSR) and measurement and socioeconomic surveys and Fangchenggang City Project Management Office hereby confirms the content of this RP and will guarantee the land acquisition and resettlement and compensation budget being provided according to the provisions of aforesaid plan.
This RP will be revised and approved by ADB before its implementation when the detailed design is completed.
XXXXX, Vice Mayor, Fangchenggang City Chair of Fangchenggang City ADB Loan Project Leading Group
December 2009
2 TABLE OF CONTENT
ENDORSEMENT LETTER FOR THE RESETTLEMENT PLAN...... 2 TABLE OF CONTENT...... 3 LIST OF ACRONYMS AND MEASURES ...... 5 EXECUTIVE SUMMARY...... 6
I. INTRODUCTION...... 9
1.1 Background ...... 9 1.2 Description of the Project ...... 9 1.3 LAR Impacts of the Project...... 11
II. IMPACT OF LAND ACQUISITION AND RESETTLEMENT...... 14
2.1 Measures Taken to Avoid or Minimize LAR Impacts ...... 14 2.2 Methods of LAR Impact Assessment...... 14 2.3 Scope of LAR Impacts...... 15
III. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION ...... 21 3.1 Socioeconomic Profile of Fangchenggang City...... 21 3.2 Socioeconomic Profile of the Affected Area and APs...... 22 3.2.1 Demographic Features of APs ...... 23 3.2.2 Residential Houses ...... 24 3.2.3 Land Use...... 24 3.2.4 Financial Situation of Households...... 24 3.2.5 Vulnerable Groups ...... 25 3.2.6 Gender Perspectives on Resettlement...... 26
IV. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE...... 27
4.1 Public Participation Strategy...... 27 4.2 Methods and Measures of Public Participation...... 27 4.3 Public Participation during RP Preparation...... 27 4.4 Women’s Participation...... 28 4.5 Information Disclosure...... 28 4.5.1 Resettlement Information Brochure...... 28 4.5.2 Distribution of the Resettlement Plan ...... 29 4.6 Public Participation Plan during RP Implementation...... 29
V. APPEALS AND GRIEVANCE PROCEDURES ...... 31
VI. LEGAL FRAMEWORK AND POLICIES...... 33
6.1 Applicable LAR Laws, Regulations and Policies ...... 33 6.2 ADB’s Involuntary Resettlement Policies...... 33 6.3 Related Laws and Regulation of PRC ...... 35 6.3.1 Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration, issued by State Council, October 2004 ...... 35 6.3.2 PRC Land Administration Law ...... 36 6.3.3 Urban House Demolition Management Regulation of PRC...... 37 6.3.4 Implementation Method of Guangxi Zhuang Autonomous Region for Land Administration Law...... 37 6.3.5 Guangxi Zhuang Autonomous Region Guidelines for Implementation of the Urban
3 House Demolition Management Regulation of the PRC ...... 39 6.4 Gaps between ADB and Chinese Policies...... 41 6.5 Compensation Criteria and Principles ...... 42 6.5.1 Entitlement ...... 42 6.5.2 Compensation Principles...... 42 6.5.3 Compensation Rate...... 42
VII. ENTITLEMENT MATRIX...... 45
VIII RESETTLEMENT AND REHABILITATON PLAN...... 49
8.1 Objectives and Principles of Resettlement Program...... 49 8.2 Compensation and Rehabilitation Plan...... 49 8.2.1 Resettlement Options and Plan...... 49 8.2.2 Employment Opportunities Generated by the Project ...... 56 8.2.3 Social Insurance...... 57 8.2.4 Project Related Income Generation Opportunities...... 58 8.2.5 Provision of Technical Training to the APs...... 58 8.2.6 Rehabilitation Plan of Ground Attachments...... 59 8.2.7 Special Concerns during Resettlement Process ...... 59
IX. COST ESTIMATES...... 61
9.1 Compensation and Resettlement Costs ...... 61 9.2 Annual Budget...... 62 9.3 Flow of Fund...... 62
X. LAR IMPLEMENTATION SCHEDULE ...... 64
10.1 Principles...... 64 10.2 LAR Implementation Schedule ...... 64
XI. INSTITUTIONAL FRAMEWORK ...... 68
11.1 Project Resettlement Organizational Set-up...... 68 11.2 Responsibilities...... 70 11.3 Institutional Capacity Strengthening ...... 72 11.3.1 Assessment of Institutional Capacity...... 72 11.3.2 Institutional Capacity Building and Training...... 72
XII. MONITORING, EVALUATION AND REPORTING...... 74
12.1 Internal Monitoring...... 74 12.2 External Monitoring and Evaluation...... 75 12.2.1 Objectives and Requirements of M&E ...... 75 12.2.2 Methodology...... 76 12.2.3 Major Tasks...... 77 12.3 Reporting Requirements...... 77
APPENDIX 1: Resettlement Information Booklet...... 78 APPENDIX 2: TOR for External Monitoring and Evaluation...... 90
4 LIST OF ACRONYMS AND MEASURES
ADB - Asian Development Bank AFs - Affected Families AHs - Affected Households APs - Affected Persons BESTCCL - Beijing Enrimu Science &Technology Co., Ltd. DI - Design Institute BP - Bank Policies DMS - Detailed Measurement Survey EA - Executing Agency F - Females FCGDUCICL - Fangchenggang City Gangkou District Urban Construction and Investment Co., Ltd. FHDAO - Fangchenggang House Demolishment Administration Office FLRB - Fangchenggang Land Resource Bureau FMG - Fangchenggang Municipal Government FPMO - Fangchenggang Project Management Office FSR - Feasibility Study Report GDG - Gangkou District Government GDP - Gross Domestic Product GZAR - Guangxi Zhuang Autonomous Region HDAO - House Demolishment Administration Office HHs - Households IA - Implementing Agency IMA - Independent Monitoring Agency LA - Land Acquisition LAR - Land Acquisition and Resettlement LRB - Land Resources Bureau M - Males M&E - Monitoring and Evaluation MLG - Minimum Living Guarantee OP - Operational Procedures PLG - Project Leading Group PMO - Project Management Office PPTA - Project Preparatory Technical Assistance PRC - Peoples Republic of China RIB - Resettlement Information Booklet RO - Resettlement Office ROW - Right of Way RP - Resettlement Plan S&T - Science & Technology ToR - Terms of Reference US$ - United States Dollar VCs - Village Committees WF - Women’s Federation km2 - Square Kilometer % - Percentage mu - Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu) Chinese currency Yuan CNY - CNY 1 = 1/ 6.83 $US ($US 1 =CNY 6.83)
5 EXECUTIVE SUMMARY
1. The Fangchenggang Urban Road Network and Related Municipal Infrastructures Component is composed of 27.61 km of urban roads, Anfujiang Bridge with a length of 205 m and related municipal infrastructures, including traffic lights, drainage, sewerage pipeline and landscaping. The Project owner is Fangchenggang City Gangkou District Urban Construction and Investment Co. Ltd. (FCGDUCICL).
2. The Project will mainly involve land acquisition and structure demolishment in Hongxin Community, Huangwu Village, Wuwu Village, Shatian Village, and Xuwu Village, Yuzhouping Street Administration Office, Gangkou District of Fangchenggang City. A total of 1,531 mu of rural collective land will be acquired permanently, including 109 mu (7.12%) farmland. In addition, 326 mu of state-owned land will also be acquired. The permanent land acquisition will affect 182 households or 748 persons. Temporary land occupation will use 128 mu of rural collective land and state land with 28 households or 91 APs to be affected. A total of 3,821 m2 of residential houses will be demolished, relocating 20 households or 77 persons. Associated auxiliaries, basic infrastructures and special facilities will also be affected, such as fenced walls, fruit trees, and toilets. The total numbers of the affected households and populations is 211 households and 842 persons, including 2 urban households or 7 urban population, 209 rural households or 835 rural populations. Of the total affected households and populations, 20 households or 79 persons are vulnerable group in the Project area, including 3 households or 12 persons under “five guarantees”, 9 households or 36 persons under minimum living guarantee (MLG), 3 households or 12 persons are families with the disabled, and 5 households or 19 persons are women-headed.
3. In order to avoid or minimize land acquisition and resettlement, there was close consultation with the local officials, resident committee (RC) and village committees (VCs) during the preliminary and final Feasibility Study stages for the optimal and proper engineering schemes of the Project.
4. The compensation of the permanent land acquisition is based on the Land Administration Law of PRC, amended in 2004, Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004, Urban House Demolishment Management Regulations of PRC, GZAR “Land Administration Law”, GZAR Guidelines for Implementation of the Urban House Demolition Management Regulation of the PRC, and Notice of Compensation and Resettlement Method for Land Acquisition and Resettlement of Qisha Coastal Line Industrial Park Construction in Fangchenggang City, 2008. The RP was prepared to comply with ADB’s Policy on Involuntary Resettlement. Based on the consultations with local governments and those affected, and general practice in Fangchenggang City, the resettlement principles established for the Project are: (i) land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing a series of design alternatives; (ii) compensation and entitlements provided must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement; (iii) land temporarily occupied and the period for disruption are to be kept to a minimum; (iv) all the people affected, legal and illegal, are to be taken into consideration and accounted for; (v) resettlement plan should be prepared and implemented in accordance with state land rehabilitation policy, national economic and social development plans; (vi) all those affected will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing; (vii) resettlement plan should be coordinated with such things as regional development, economic development and environmental protection; and (viii) practical and feasible measures should be formulated to restore the affected items; (ix) a preferential policy
6 and assistance will be provided to vulnerable groups in such things as employment; and (x) close monitoring and timely actions will be carried out to identify and resolve any problems.
5. The people affected have been notified about the key elements of the RP. On various occasions during meetings, interviews, focus group discussions, public consultation workshops, and community consultation meetings, local representatives have participated in the planning and concerns have been integrated into the RP. The resettlement information booklet will be distributed to affected community and villages and households before 30 November 2009. The RP approved by Fangchenggang City Government will be redistributed to resident committee and village committees by the end of December 2009 to any one wishing to consult the document at the resident community office and village offices. At the same time the RP will be posted on the ADB website in December 2009. The RP will be updated based on detailed measurement survey (DMS) and will be disclosed to APs and submitted to ADB for review and approval. The Fangchenggang PMO and FCGDUCICL will be responsible for supervising implementation, continuing public consultation, monitoring progress and responding to grievances. The grievance address procedures are well established and explanations are included in the RP and resettlement information booklets.
6. For people losing land permanently, there are two resettlement options: “cash” or “cash plus reconstruction land in resettlement sites”. The PMO, IA, RO and local government will provide necessary assistance during LAR implementation. The measures for economic rehabilitation include: (i) provision of 547 person-years of employment opportunities to the APs in labor force during the Project construction and 70 public welfare job positions during operational phases; (ii) provision of social insurance, with 30% contribution from the local government and 70% contribution from rural collectives and farmers (The land lost farmers pay 20% based on the 40% of the average wage of the urban workers in last year); (iii) annual employment opportunities generated induced by the Project and related urban development projects. The FMG will coordinate with relevant departments, including the owners of the job positions, labor and social security bureau and district government to arrange the APs to be employed for these job positions; (iv) reconstruction land allocation and development managed by village groups in a centralized way for dividend income (70% of the dividends will go to the APs and 30% to the collective village to be used for pension and village public welfare activities); and (v) provision of technical training to 547 APs in labor force to increase their skills to be employed in institutions, enterprises and businesses.
7. For the people who will lose their land temporarily, cash compensation will be paid to the contractors. The land will be restored to original condition and keep the same quality as before by the contractors. The Project construction will generate 1,500 person-years short-term employment opportunities. The APs will be given priority to be employed during the 36 months project construction with income earnings at CNY 1,000 per month.
8. For residential houses to be demolished, cash plus provision of reconstruction house plot for self-construction by the APs will be adopted for this project. The households that have to be relocated will also receive a relocation allowance and relocation transit allowance. Compensation for ground attachments will be paid to the affected owners.
9. The cost estimate for land acquisition and resettlement is CNY 75.08 million or US$ 10.99 million at the prices of 2009, including compensation for permanent land
7 acquisition, temporary land occupation, residential house demolishment, auxiliaries, relocation allowances, infrastructures and special facilities, relevant land taxes, M&E, other costs, and contingency. The land acquisition and resettlement activities will occur between January 2010 and March 2013. Construction will not take place before the APs are fully compensated and relocated, 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.
8 I. INTRODUCTION
1.1 Background
1. Fangchenggang is a port city that provides convenient sea access for industrial and agricultural enterprises between the southwestern provinces of China and the countries that comprise the Association of Southeast Asian Nations (ASEAN) and over land border access to Vietnam and south-east Asian markets. However, with rapid economic and social development, the transport infrastructure is relatively backward in Fangchenggang City and the problem is becoming increasingly apparent that it restricts the healthy and stable development of economy. Owing to its short history and weak economy, the road area ratio, road density and road area per capita are well below those similar cities in the developed coastal province. Covering a total area of 1,022 km2, the Gongche Industrial Park is located in the eastern coast of Fangchenggang City. It is planned for port-related and processing industries. The Fangchenggang Thermal Power Plant and the Yuetai Feed Factory have found their home in this industrial park. The GZAR Government has recently signed agreement with Wuhan Iron and Steel Group to build a mega iron and steel factory here (10 million tons for the near-term, 20 million tons for the medium-term and 30 million tons for the long-term). The construction and operation of the iron and steel factory will bring about numerous upstream and downstream industries in the industrial park. Currently, the Industrial Park is lack of road network. The road network in the industrial park has been considered as one of the top priorities for the planned expansion of the industries.
1.2 Description of the Project
2. The scope of the Project construction includes: i) 17.285 km road network with width of 15-50 m (Table 1-1 presents the details of the engineering components); ii) Main and secondary sewer and drainage system in the Gongche Industrial Park, with design of diverted flow drainage method, 15.37 km of sewer pipeline, 26.01 km of rain water pipeline; and iii) Anfujiang Bridge with total length of 240 m, net crossing of 160 m, and 25 m width of bridge surface. Figure 1-1 is the map of Gongche Industrial Park Master Plan and Figure 1-2 the layout map of the proposed Fangchenggang City Urban Road Network and Related Municipal Infrastructures Component. The total Project investment is CNY 695.68 million, of which CNY 361.38 million will be financed by ADB loan, CNY 200 million China Development Bank loan, and CNY 134.31 million from local finance bureau and self-financing of the IA. The Project will be started from Feburary 2010 and will be completed by April 2013, with a total of 39 months construction period.
Table 1-1: Scope of Engineering Components Width of No. Section of Road Length (km) Class of Road Speed (km/h) ROW (m) 1 Section I 6.334 Artery Road Class II 50 50 2 Section II 1.730 Primary Road Class II 50 40 3 Section III 1.444 Primary and Branch Road Class II 15-30 30 4 Section IV 2.595 Primary Road Class II 34 40 5 Section V 1.078 Primary Road Class II 40 40 6 Section VI 4.550 Primary Road Class II 40 40 7 Yuzhouping Branch Road 9.879 Branch Road Class II 15-30 20
9
Figure 1-1: Proposed Urban Road Network in Relation to Urban Master Plan
Figure 1-2: Layout Map of the Proposed Fangchenggang City Urban Road Network and Related Municipal Infrastructures
10 1.3 LAR Impacts of the Project
3. Within the ROW of Fangchenggang City Urban Road Network, the land use includes dryland, wood land, water pond, and fish pond. The fish pond is scattered distributed along the road. Within the ROW, there are also some structures. The scope of the Project impacts is mainly determined by the measurement survey on the basis of the FSR. The construction of the Project will involve permanent land acquisition, temporary land occupation, residential structure demolishment, auxiliaries, and basic infrastructures and special facilities.
4. The permanent land acquisition involved will be mainly due to the land use for the road, bridge structures, approach road foundation, and municipal pipeline. The temporary land occupation is mainly for the use of construction access road and material storage. In total, the permanent land acquisition of the Project to be affected is 1,531 mu of rural collective land. Of the total land to be acquired, Huangwu Group accounts for 21 mu (including 15 mu dryland and 6 mu fish pond); Wuwu Group 367 mu (including 21 mu dryland, 300 mu wood land, 21 mu water pond, and 25 mu fish pond); Shatian Group 795 mu (including 54 mu dryland, 686 mu wood land, 40 mu water pond, and 15 mu fish pond); and Xuwu Group 348 mu (including 17 mu dryland, 300 mu wood land, 10 mu water pond, and 21 mu fish pond). Additional 326 mu of state-owned land will also be acquired permanently in Hongxin Community. Due to the permanent land acquisition, a total of 182 rural households or 748 rural populations will be affected.
5. The land to be acquired for the Project only accounts for 7.93% of the total land area and 15.77% of total farmland area of Huangwu Group, Wuwu Group, Shatian Group, and Xuwu Group. The local people are increasingly off from agricultural activities for their livelihood. As a result, it can be seen that the impact of the land acquisition to the rural collective is small. However, due to the land loss, associated proportion of income will also be lost. Therefore, the income rehabilitation for the APs has been taken into consideration of the RP.
6. The land use for construction road access and materials storage will temporarily occupy 128 mu of land, including 97.4 mu waste land and 30.6 mu hilly land.
7. Because of the land acquisition, 3,821 m2 of residential structures will be demolished, including 1,051 m2 frame structures, 915 m2 brick structures, and 1,855 m2 simple structures. In total, 20 households or 77 persons (1 urban household or 3 urban population and 19 rural households or 74 rural population) will be relocated. All the demolished structures have the house property certificates.
8. In summary, the Fangchenggang Urban Road Network and Related Municipal Infrastructures Component will affect 211 households (including 2 urban households and 209 rural households) and 842 persons (including 7 urban population and 835 rural population), of which 20 households or 79 persons are vulnerable group in the Project area, and 96 households or 227 persons are ethnic minorities, including 92 households or 212 persons are Zhuang, 2 households or 7 persons are Yao, 1 household or 4 persons Miao, and 1 household or 4 persons Jing. In total, the permanent land acquisition is 1,857 mu and temporary land occupation is 128 mu, and the residential structure is 3,821 m2.
9. Based on the design of the Project construction map and the detailed measurement survey (DMS), the RP will be updated and submitted to ADB for review and approval.
11 1.4 Preparation of RP
10. In line with the ADB’s Involuntary Resettlement Policy and the relevant laws, regulations and guidelines issued by the governments of People’s Republic of China, Guangxi Zhuang Autonomous Region and Fangchenggang City, the RP has been prepared by Beijing Enrimu Science & Technology Consulting Co. Ltd. (BESTCCL) on behalf of Fangchenggang City Gangkou District Urban Construction and Investment Co., Ltd (FCGDUCICL). The RP will be reviewed and approved by Fangchenggang Municipal Government (FMG) and ADB.
11. The RP preparation is based on the following relevant project documents and legal documents, and the results of public participation and consultations.
(1) Design Basis:
• Feasibility Study Reports; • Statistic Yearbook of Fangchenggang City in 2008; • Urban Development Master Plan of Fangchenggang City; and, • “Eleventh-Five Years Plan” of Fangchenggang City.
(2) Legal and Policy Basis
• Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004; • Land Administration Law of the PRC, amended in 2004; • Implementation Regulation for Land Administration Law of PRC; December 1998; • Notification on Adjusting Newly Added Construction Land Use Fee Collection issued by Ministry of Finance and Ministry of Land Resources [Cai Zong [2002] 93]; • Temporary Regulations on Farmland Acquisition Tax of PRC, 2008; • GZAR “Land Administration Law”, 2001; • Management Law of Urban Real Estate of PRC, 1994; • Guidelines for Valuation on Urban House Demolishment of PRC; 2004; • Urban Housing Demolition Management Regulations of the PRC issued in 2001; • Temporary Regulations of Farmland Acquisition Tax, 2008; • Guangxi Zhuang Autonomous Region Guidelines for Implementation of the Urban House Demolition Management Regulation of the PRC, 2003; • Decree 15 of Guangxi Zhuang Autonomous Region People’s Government: Implementation Methods for Regulations on Village and Town Planning and Construction in Guangxi Zhuang Autonomous Region; • Notification on Announcement for Average Production Value for Land Acquired and Demolishment Compensation Standards for the Construction Land Use of GZAR Basic Infrastructures and Important Projects [Guifagaifagui (2009) 52]; • Implementation Methods of GZAR farmland occupation tax [Guizhengfa (1987) 88 Hao 59]; • Notice of Compensation and Resettlement Method for Land Acquisition and Resettlement of Qisha Coastal Line Industrial Park Construction in Fangchenggang City, 2008; • ADB’s Involuntary Resettlement Policy, 1995; • Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998;
12 • Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; and, • OM Section F2 — Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila, 2006.
(3) Public Participation and Community Consultation Activities
• Visits to the Project affected areas; • Consultation meetings with district government leaders, representatives, and APs between May and September 2009; • Sample socioeconomic survey of affected households in July and August 2009; • Land acquisition and resettlement survey information between July and August 2009; • Focus group discussion during ADB PPTA phase between July and August 2009; and, • Consultation workshops on environment and resettlement between May and July, 2009.
12. The goal of RP preparation includes: i) Through optimal engineering design to avoid or reduce the impacts of land acquisition and resettlement; ii) Resettlement Plan is based on the land acquisition and resettlement indexes and the compensation standard, and the goal is to increase the living standards of the APs, at least not worse-off; iii) Development resettlement is promoted; iv) APs are encouraged to participate in the Resettlement Plan preparation, in particular women; and v) Women’s rights and interests should be fully taken into consideration of the Project.
13 II. IMPACT OF LAND ACQUISITION AND RESETTLEMENT
2.1 Measures Taken to Avoid or Minimize LAR Impacts
13. To avoid or reduce land requisition and resettlement (LAR) impacts to the minimum, alternatives have been carefully reviewed and the optimal option has been adopted for the Fangchenggang City Urban Road Network and Related Municipal Infrastructures Component. By taking into consideration of reducing land acquisition and resettlement impacts, and the life and property security of the residents in the Project Area, the mitigation measures to reduce the LAR impacts have been proposed: 1) strictly control the scope of land acquisition through coordinated surveying and mapping; and 2) avoid the intensive house plot, forest, communication areas, and institutions, enterprises and shops as much as possible. As a result, Option II has been selected as the option of the Project. The Road Section VI is low in terrain and is condensed with houses along the two sides of the road with significant flooding control issue. Two schemes of route alignment have been considered. Scheme I is to dismantle all the houses along the road and near the sea shore; concrete flooding control wall will be built on the dismantled house foundation; and the existing road elevation will not have to change. Scheme II is to build high reinforcement flooding control wall on the sea shore outside of the houses along the road; only a few houses will be demolished. Table 2-1 is the alternative comparison of “Option I” and “Option II” to minimize LAR impacts on collective-owned land within ROW. Scheme I entails less engineering work, but involves larger relocation. Scheme II entails small resettlement, but engineering work is larger than that of Scheme I. As a result, to avoid the resettlement impact, Scheme II is recommended for the project based on comprehensive analysis and comparison.
Table 2-1: Alternatives to Reduce the Land Acquisition within ROW Option I: Before Measures Taken Option II: After Measures Taken House Land House Land AHs AHs (no.) APs (no.) Demolishment Acquisition APs (no.) Demolishment Acquisition (no.) (m2) (mu) (m2) (mu) 229 887 4,710 1,728 182 748 3,821 1,531
229 887 4,710 1,728 182 748 3,821 1,531
2.2 Methods of LAR Impact Assessment
14. The physical identification of impacts are mainly relies on the statistical data obtained from the relevant government organizations, questionnaires, measurement survey, and discussion with APs during field investigation, site visits, meetings, individual interviews, etc.
15. Between June and August 2009, under the supervision of PMO and IA, the Gangkou District Government, resident committee (RC) and village committees (VCs) carried out full-scale property and socioeconomic surveys to obtain basic data and prepare the RP. The survey is carried out to clarify the quantity and number of the properties affected by the Project. This has provided basic data for the scope of the Project impacts, the calculation of losses caused by LAR, socioeconomic impacts, planning on livelihood restoration of the APs, budget, and monitoring and evaluation.
16. The Project will affect land, house structures, auxiliaries, and basic infrastructures and special facilities. The quantity and category of the acquired lands and demolished structures were surveyed with the participation of the APs. Resident
14 committee and representatives of the residents and village committees and representatives of the villagers were consulted on compensation standards and resettlement plan for land acquisition and resettlement.
2.3 Scope of LAR Impacts
2.3.1 Summary of Land Acquisition
17. According to the identified impact, the scope of the land acquisition and resettlement of the Project includes permanent land acquisition, temporary land occupation, and residential structure demolishment. Some basic infrastructures and special facilities will also be affected. Table 2-2 provides the summary of the LAR impacts.
15 Table 2-2: Summary Land Acquisition and Resettlement Impacts Temporary Land Residential Structure Total AHs and APs by LA & Administrative Jurisdiction Permanent Land Acquisition Occupation Demolishment Demolishment Street Admin. Resident / Village Total Area State Land Collective AHs APs Total Area AHs APs Total Area AHs APs AHs (no.) APs (no.) District Office Committee (mu) (mu) Land (mu) (no.) (no.) (mu) (no.) (no.) (m2) (no.) (no.) Total Urban Rural Total Urban Rural Hongxin 326.00 326.00 0.00 0 1 0 1 9.75 1 4 80.00 1 3 2 2 0 7 7 0 Huangwu 21.00 0.00 21.00 5 17 2.70 2 6 0.00 0 0 7 0 7 23 0 23 Gangkou Yuzhouping Wuwu 367.00 0.00 367.00 58 2 162 2 31.05 6 19 926.00 6 21 64 0 64 181 0 181 Shatian 795.00 0.00 795.00 38 2 157 2 49.50 9 29 1,054.00 8 35 47 0 47 186 0 186 Xuwu 348.00 0.00 348.00 81 2 412 2 34.95 10 33 1,761.00 5 18 91 0 91 445 0 445 TOTAL 1,857.00 326.00 1,531.00 182 748 127.95 28 91 3,821.00 20 77 211 2 209 842 7 835 Note: 1 The land was acquired in 1990 and become state-owned land, thus no household and AP will be affected. 2 AHs and APs are affected by permanent land acquisition will also be affected by residential house demolishment.
16 2.3.2 LAR Impacts by Type of Losses
2.3.2.1 Permanent Land Acquisition
18. The Project will acquire 1,857 mu of collective-owned land and state-owned land. Table 2-3 provides the impacts of permanent land acquisition within ROW.
Table 2-3: Impacts of Permanent Land Acquisition Total Area Permanent Land Acquisiton (mu) Affected Community / APs of HHs Collective-owned Land Village Group (No.) Permanent State-owned (No.) Wood Water Fish Dry- Land LA (mu) Land Pond Pond land Hongxin1 Community, 01 01 326 0 0 0 0 326 Yuzhouping Street Admin. Office Huangwu Group 5 17 21 0 0 6 15 0 Wuwu Group 58 162 367 300 21 25 21 0 Shatian Group 38 157 795 685 40 15 54 0 Xuwu Group 81 412 348 300 10 21 17 0 Total 182 748 1,857 1,285 71 70 109 326
2.3.2.2 Temporary Land Occupation
19. The Fangchenggang City Urban Road Network and Related Municipal Infrastructure Component will temporarily use 128 mu of land. Table 2-4 provides the impacts of temporary land occupation.
Table 2-4: Impacts of Temporary Land Occupation Types of Land (mu) Administrative Jurisdiction AHs APs Waste Land Hilly Land Total Hongxin Community, Yuzhouping Street Office 1 4 9.6 0 9.6 Huangwu Group 2 6 2.7 0 2.7 Wuwu Group 6 19 23.4 7.7 31.1 Shatian Group 9 29 30.0 19.5 49.5 Xuwu Group 10 33 31.5 3.5 35.0 Total 28 91 97.4 30.6 128.0
2.3.2.3 Residential House Demolishment and Associated Auxiliaries
20. Within the ROW, the Project will demolish 3,821 m2 residential structures. All of the structures have certificates. In addition, associated auxiliaries, basic infrastructures and facilities will also be affected. Table 2-5 provides the area of residential structure and associated auxiliaries demolishment, and Table 2-6 scope of residential structure demolishment. The area of house ranges from 50 m2 to 260 m2, with average at 191.05 m2 per household. All of the 20 households will be relocated to the new resettlement sites, of which 19 households or 74 persons will lose both residential structures and land permanently, and one household with 3 persons will lose their residential structreus only.
17 Table 2-5: Demolishment of Residential Structures and Associated Auxiliaries Residential Structure (m2) Auxiliaries Administrative AHs APs Fenced Toilet Fruit Tree Jurisdiction Frame Brick Simple Total Wall (m) (no.) (no.) Hongxin Community, 1 3 0 0 80 80 0 0 15 Yuzhouping Street Office Huangwu Group 0 0 0 0 0 0 0 0 0 Wuwu Group 6 21 205 323 398 926 0 7 51 Shatian Group 8 35 343 231 480 1054 20 10 1,225 Xuwu Group 5 18 503 361 897 1761 100 8 27 Total 20 77 1,051 915 1,855 3,821 120 25 1,318
Table 2-6: Scope of Residential House Demolishment (N＝20 HHs) Scope of Residential House Demolishment AHs % ＜10 m2 0 0.00% 11 m2 – 20 m2 0 0.00% 21 m2 – 30 m2 0 0.00% 31 m2 – 40 m2 0 0.00% 41 m2 – 50 m2 1 5.00% 51m2 – 60 m2 3 15.00% 61 m2 – 70 m2 4 20.00% 71 m2 – 80 m2 9 45.00% 81 m2 – 100 m2 1 5.00% > 100 m2 2 10.00% TOTAL 20 100.00%
2.3.2.4 Basic Infrastructures and Special Facilities
21. Some basic infrastructures and special facilities will be affected also. Table 2-7 are the impacts of affected basic infrastructures and special facilities.
Table 2-7: Affected Basic Infrastructures and Special Facilities No. Administrative Jurisdiction Item Unit Quantity 1 Huangwu Group Electricity Poles No. 3 2 Wuwu Group Electricity Poles No. 4 3 Shatian Group Electricity Poles No. 10 4 Xuwu Group Electricity Poles No. 7
2.3.2.5 Affected Households and Population
22. In summary, the Project will acquire part of land in one community and 4 village groups of Yuzhouping Street Administration Office, Gangkou District, and affect 211 households totaling 835 persons. Table 2-8 is the summary of the affected households and populations, of which 96 households or 227 persons are ethnic minorities, including 92 households or 212 persons are Zhuang, 2 households or 7 persons are Yao, 1 household or 4 persons Miao, and 1 household or 4 persons Jing.
18 Table 2-8: Summary of Affected Households and Populations (unit: no.) Permanent Temporary Residential Total No. of Administrative Jurisdiction Land Land Structure AHs and APs Acquisition Occupation Demolishment Community/ AHs APs Ahs APs AHs APs AHs APs City District Village Group (no.) (no.) (no.) (no.) (no.) (no.) (no.) (no.) Hongxin 0 0 1 4 1 3 2 7 Huangwu 5 17 2 6 0 0 7 23 Fangchenggang Gangkou Wuwu 58 162 6 19 6 21 64 181 Shatian 38 157 9 29 8 35 47 186 Xuwu 81 412 10 33 5 18 91 445 Total 182 748 28 91 20 77 211 842
2.3.2.6 Impacts on Vulnerable Groups
23. Of the total affected households by the Project construction, 20 households (9.48% of the total 211 households) or 79 persons are classified as vulnerable families, including 3 households or 12 persons under “five guarantees”, 9 households or 36 persons under minimum living guarantee (MLG), 3 households or 12 persons are the disabled, and 5 households or 19 persons are women-headed. The type and quantity of vulnerable groups is presented in Table 2-9. A total of 20 households will lose their land permanently and 5 households will lose their residential structures. For the land loss vulnerable families, only one women-headed household in Wuwu Group will lose 0.3 mu of dryland.
Table 2-9: Type and Quantity of Affected Vulnerable Groups Huangwu Wuwu Shatian Xuwu Hongxin Village Village Village Village Vulnerable Groups Type Community Group Group Group Group AHs APs AHs APs AHs APs AHs APs AHs APs “Five Guarantees” Family 1 2 9 1 3 Household Living Under the Minimum Living 3 13 3 11 1 5 2 7 Security Line 2 Families with Disabled 1 3 1 5 1 4 Female-headed Households 3 1 4 3 12 1 3 Total 4 16 3 13 7 28 2 9 4 13 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 Impact Analysis
2.3.3.1 Land Loss
24. The Project will lose 1,531 mu of permanent collective land permanently. Within ROW, partial collective land of 4 village groups will be acquired, and 7.93% of village collective land and 15.77% of village collective farmland will be lost. Although the proportion of farmland loss to the village or to the affected families are slightly larger than other road projects, the local residents are less relying on the land for their livelihood, the income loss from their land is average at 0.93% of their total family income or CNY 228.73 per household per year. The land loss analysis is based on the loss of agricultural land and associated income loss. Table 2-10 and Table 2-11 provides the impact analysis of land loss.
19 Table 2-10: Land Loss Analysis of Permanent Land Acquisition by Village Ratio of Land Before Land Acquisition Land Use by the Project Loss Remaining Village Total Total Total Total Of which Of which Total Farmland Group Land AHs APs Land Farmland HHs APs Farmland Farmland Area (mu) Area (No.) (No.) Area area (%) (No.) (No.) (mu) (mu) (%) (mu) (mu) Huangwu 157 628 81 35 5 17 21 15 25.93 42.86 20 Wuwu 1,964 6,391 16,375 525 58 162 367 21 2.24 4.00 504 Shatian 76 314 1,950 94 38 157 795 54 40.77 57.45 40 Xuwu 81 412 896 37 81 412 348 17 38.84 45.95 20 Total 2,278 7,745 19,302 691 182 748 1,531 109 7.93 15.77 582
Table 2-11: Land Loss Impact Analysis on Households Village Group No. Item Huangwu Wuwu Shatian Xuwu I. Impacts 1 Affected Households by LA (No.) 157 1,964 76 81 2 Affected Rural Population by LA (No.) 601 6,216 292 401 4 Land Acquisition (mu) 21 367 795 348 5 Per capita farmland (mu) before LA 0.056 0.082 0.299 0.090 6 Per capita farmland (mu) after LA 0.032 0.079 0.127 0.049 7 Percentage of land loss (%) 25.93% 2.24% 40.77% 38.84% 8 Percentage of Income loss (%) 25.938% 0.28% 3.54% 4.24% II. Income resources 9 Agriculture (CNY10,000) 210 1,725.00 65 162 - (%) 55.85% 35.84% 83.23% 46.15% 10 Second industry 120 196.87 9.5 105 11 Third industry 46 2,891.41 3.6 84
12 Total Household Average Annual 23,949.05 24,508.15 10,276.32 43,333.33 Disposable Income III Percentage of Land Loss by AHs 13 < 10% 2 55 3 4 14 > 10% - 30% 3 3 15 10 15 > 30% - 50% 0 0 20 51 16 > 50% - 70% 0 0 0 16 17 > 70% - 90% 0 0 0 0 18 > 90%-100% 0 0 0 0 19 100% 0 0 0 0 21 Total 5 58 38 81 IV Percentage of Land Loss by APs 22 < 10% 7 153 12 20 23 > 10% -30% 10 9 62 51 24 > 30% - 50% 0 0 83 260 25 > 50%-70% 0 0 0 81 26 > 70% - 90% 0 0 0 0 27 > 90%-100% 0 0 0 0 28 100% 0 0 0 412 Total 17 162 157 412
20 III. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION
3.1 Socioeconomic Profile of Fangchenggang City
25. Fangchenggang City is an important harbour city of GZAR. The City has 584 km of coastline and 212 km of border line. It administers two districts, one county and one county-level city, namely Fangcheng District, Gangkou District, Shangsi County and Dongxing City (county-level city). The total area of the City is 6,181 km2. The population density is 135 persons per square kilometers.
26. By the end of 2007, the population of Fangchenggang City reached 833 thousand. Of the total population, 586.9 thousand or 70.46% was agricultural population and 246.1 thousand or 29.54% non-agricultural population. The birth rate was 15.05‰ and the death rate 4.5‰, giving a natural growth rate of 10.55‰. Of the total population, females account for 45.32%, which was slightly lower than that of males at 54.68%. Fangchenggang is home to 20 minority ethnic groups in addition to the Han, including Zhuang, Yao, Jing, Dong, Miao, Mulao, Maonan, Hui, Shui, Gelao, Man, Korean, Tibetan, Li, Dai and Uygur. They account for about 48% of the total population.
27. The pillar industries are food and agricultural product processing, iron and steel, metallurgy, petrochemical, energy, building material, electronic products, pharmaceuticals and ports. In 2008, the GDP totaled CNY 21.2 billion or an increase of 20.1% over 2007. It was 7.4 percentage points higher than that of the GZAR, and 4.6 percentage points higher than the Guangxi Beibu Gulf Economic Area. The total industrial output value amounted to CNY 32.8 billion (an increase of 43.9% over 2007), including CNY 13.0 billion from the agricultural processing industry and CNY 3.0 billion from the iron and steel industry. The industrial sector contributed more than 45.7% of the economic growth. Export value grew to more than US$2.2 billion or an increase of 50.3% over 2007.
28. Fangchenggang City is characterized with a long history, beautiful mountains, and colorful ethnic culture. The major tourism spots include: Shiwandashan National Nature Reserve; the largest mangrove forest in urban area of PRC; Camellia National Nature Reserve; Beilunkou National Nature Reserve; Jingdao scenic spots; Jiangshan Peninsula Holiday Resort; West Bay National Scenic Area; Port Cultural Tourism Zone; Qisha Industrial Ecological Tourism Zone; Sino-Vietnamese border rafting tourist area. Fangchenggang is becoming new and emerging tourist city after Guilin and Beihai in Guangxi. In 2008, the city hosted 1.28 million tourists, an increase of 9.66%, the total tourism income accounted for CNY 373 million, an increase of 5.37%, the foreign exchange earnings from tourism accounted for CNY 6.58 million U.S. dollars, an increase of 6.3% over 2007.
29. The urban per-capita disposable income grew by 18.1% to CNY 14,364; rural per-capita net income by 18.0% to CNY 4,474. Urban employment stood at 113 thousands persons. The registered unemployment rate was 3.6%. Rural poverty population was reduced from 172,900 at the end of 2000 to 125,600 by the end of 2008. Increased public spending produced improvements in public health, education, social safety, low-income housing, water supply, wastewater treatment, solid waste management and ecological conservation.
30. The number of students in primary, secondary and professional schools in 2008 reached 85,637, 45,736 and 2,436, respectively. The city has 182 medical institutions, with the average number of medical bed per 10,000 persons of 0.1397, and average number of medical personnel per 10,000 persons of 0.2184.
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3.2 Socioeconomic Profile of the Affected Area and APs
31. This survey was undertaken by the Hongxin Community, Huangwu Village, Wuwu Village Group, Shatian Village Group, and Xuwu Village Group under the supervision of PMO and IA between July and August 2009. Its main objectives were: (i) to compile socioeconomic information on the APs likely to lose land or property to the Project component; (ii) to obtain information on the extent of APs’ knowledge of the proposed Project; and (iii) to identify APs’ preferences regarding land acquisition, structure demolishment and income rehabilitation measures.
32. The survey covers all the rural households to be affected by permanent land acquisition and structure demolishment in the affected Huangwu Village Group, Wuwu Village Group, Shatian Village Group, and Xuwu Village Group. A total of 182 households (100% of households to be affected by permanent land acquisition and 96.43% of households to be affected by the residential house demolishment) of the total affected households were surveyed. Table 3-1 presents the surveyed RC / VCs and households, and Table 3-2 shows the socioeconomic status of the affected village groups.
Table 3-1: Surveyed Household and Units No. of Surveyed District Street Administration Office Village Group Household Huangwu Village Group 5 Wuwu Village Group 58 Gangkou Yuzhouping Shatian Village Group 38 Xuwu Village Group 81 TOTAL 183
Table 3-2: Economic Status of Affected Villages Village Group Items Huangwu Wuwu Shatian Xuwu Total Households (No.) 157 1,964 76 81 Total Population (No.) 628 6,391 314 412 Females 298 3,054 143 197 Agricultural Population 601 6,216 292 401 Non-Agricultural Population 27 176 22 11 Total Force (No.) 478 4,969 212 334 Agriculture 286 1,781 82 151 Industry 119 203 70 113 Service Industry 73 2,985 60 70 Total Area of Farmland (mu) 35 525 94 37 Paddy Land 0 405 0 10 Dry Land 35 120 94 27 Vegetable Land 0 0 0 0 Woodland 60 12,070 1,216 300 Orchard Land 0 2,760 55 0 Fish Ponds 6 1,020 15 21 Wasteland 0 0 570 0 Gross Income (CNY 10,000) 376 4,813.28 78.1 351 Agriculture (CNY 10,000) 210 1,725.00 65 162 Industry (CNY 10,000) 120 196.87 9.5 105 Service & Tertiary Industry (CNY 10,000) 46 2,891.41 3.6 84
22 3.2.1 Demographic Features of APs
33. The detailed demographic features of surveyed APs are listed in Table 3-3, including age, population composition, education and occupation by gender.
34. Of the total surveyed household populations, all households and populations are rural, including 357 persons or 47.73% are women. The family size is 4.11 persons. Of the total affected rural population, 547 APs are in labor force accounting for 73.12% of the total population. The ages of the surveyed population showed that the population is approximately distributed in normal situation with the majority of the population between 20-35 years old who represent the major workforce and account for 46.70% of total sampled population, between 36-50 years old accounting for 20.15% of the total sampled population, and between 50-60 years old accounting for 5.88% of the total sampled population.
35. Over half (59%) of the household members have received junior middle school education, and senior high school education ranked second, 18%, primary school education ranked third, 15%. The rest 5% have received education from vocational school and university, and 3% illiterate. Of the total surveyed respondents, 8.69% are those who are over 60 years old or less than 6 years old.
36. The employment is characterized by 53.2% of the APs in labor force engaged in service industry. Another 38.37% of the APs in labor force stay in the village to engage in agricultural activities and animal husbandry. Meanwhile they also use low-peak season during agricultural production period to go out for seasonable labors. Some women and young people also go out for seasonable work. Except agricultural production, 70% people are engaged in seasonable labor. The remaining 8.42% of the surveyed population in labor force take opportunities of other jobs including industrial enterprises as employees.
Table 3-3: Demographic Features of the Surveyed Populations (N=182 HHs) Male Female Total Item Number % Number % Number % Household: 182 391 52.27% 357 47.73% 748 100.00 Household Size: 4.11 Age ≤6 years 23 3.07% 22 2.94% 45 6.02% 7-19 Years 52 6.95% 46 6.15% 98 13.10% 20-35 Years 186 24.87% 167 22.33% 353 47.19% 36-50 Years 79 10.56% 72 9.63% 151 20.15% 51-60 Years 23 3.07% 21 2.81% 44 5.88% 61-70 Years 18 2.41% 19 2.54% 37 4.95% ≥71 10 1.34% 10 1.34% 20 2.67% Total 391 52.27% 357 47.73% 748 100.00% Composition Kids (< 7 years old) 23 3.07% 22 2.94% 45 6.02% Students 52 6.95% 46 6.15% 98 13.10% Labor Force 286 38.24% 261 34.89% 547 73.12% Retired* 30 4.01% 28 3.74% 58 7.75% Total 391 52.27% 357 47.73% 748 100.00% Education Illiterate 12 1.66% 10 1.34% 22 3.00% Primary school 58 7.78% 54 7.22% 112 15.00% Middle school 230 30.79% 211 28.21% 441 59.00% High school 70 9.31% 65 8.69% 135 18.00% Vocational School 18 2.46% 16 2.14% 34 4.60% College 0 0.00% 0 0.00% 0 0.00%
23 Male Female Total Item Number % Number % Number % University or Above 2 0.27% 1 0.13% 3 0.40% Total 391 52.27% 357 47.73% 748 100.00% Occupation Farmer 379 52.27% 346 47.73% 725 100.00% Note: The retired person means female ≥55 years, male≥60 years. Data sources: Socioeconomic survey between July and August, 2009.
3.2.2 Residential Houses
37. All structure within the scope of the Project ROW will be demolished. According to the survey, it indicates that the average area of structures is 191.05 m2, with the largest area of 260 m2. Table 3-4 is the area of structures to be demolished.
Table3-4: Area of Residential Structure Demolishment (N=20) unit: m2/AH Structures Min. Max. Average No. of Houses 2 10 3 Area of Structures (m2) 50 260 191.05
38. The affected structures mostly include frame, brick and simple structures, accounting for 73% of the total structure demolition, of which 28% are frame, 24% brick, and the rest 48% are simple structures.
3.2.3 Land Use
39. The 4 affected village groups have a total of 691 mu farmland, 2,278 households or 7,745 persons. The average farmland per households is 0.3 mu, with average farmland of 0.09 mu per capita. The land use in the village groups mainly includes paddy land, dryland, wood land, orchard land, and fish pond. The major agricultural crops are paddy rice, sugar cane, corn, and bean. The economic crops include vegetable, star anise, cassava, peanuts, etc.. As a result of land acquisition, the affected village groups will lose 7.93% of their land, including 15.77% of farmland.
3.2.4 Financial Situation of Households
40. According to the statistical data of the surveyed households, the average annual income is CNY 24,664 per household or 6,000 per capita, of which 53.84% are from service industries, 38.48% from agricultural and sideline business income (of which, 23% from seasonable labor), and 7.02% from fixed salary of working for enterprises, and 0.66% from government subsidy. Of the total household income, 58% are contributed by males and 42% by females. Table 3-5 provides the details of the average income of the affected households by gender.
Table 3-5: Average Income of the Affected Households by Gender Average Annual Income of Households Source of Income Total Income of Income of % % % (CNY) Male (CNY) Female (CNY) Fixed Salary 1,731.41 7.02% 986.56 4.00% 744.85 3.02% Service Industry 13,279.10 53.84% 7,645.84 31.00% 5,633.26 22.84% Sales of Agricultural & Sideline 38.48% 22.32% 16.16% 9,490.71 5,505.00 3,985.70 Products Government Subsidy 162.78 0.66% 86.32 0.35% 76.46 0.31% Total 24,664.00 100.00% 14,305.12 58.0% 10,358.88 42.0%
24
The results of the survey shows that the average annual expenditure per capita is CNY 5,156, of which the expenditure on food accounts for the major consumption at CNY 3,431 or 66.5%, clothes at CNY 565 or 11%, telecommunication at CNY 328 or 6.4%, water and electricity cost at CNY 323 or 6.3%, on gifts at CNY 186 or 3.6%, on transportation at CNY 134 or 2.6%, and on education at CNY 81 or 1.6%, and on medical care at CNY 63 or 1.2% of the total household expenditure. See Table 3-6 for the details of average household expenditure.
Table 3-6: Average Annual Expenditure of the Affected Households Average Annual Average Annual % of Total Expenditure Expenditure Per Expenditure Per Family Expenditure Capita (CNY) (CNY) Food 3,431.08 14,101.74 66.54% Water & Electricity Cost 323.05 1,327.74 6.27% Clothes 564.97 2,322.03 10.96% Transportation 133.89 550.29 2.60% Telecommunication 327.48 1,345.94 6.35% Education 80.77 331.96 1.57% Medical Care 63.21 259.79 1.23% Cosmetics and Entertainment 13.61 55.94 0.26% Gifts 185.69 763.19 3.60% Tax 21.95 90.21 0.43% Others 10.54 43.32 0.20% Average Annual Household 5,156.23 21,192.11 100.00% Expenditure
3.2.5 Vulnerable Groups
41. In total, there are 20 households and 79 persons classified as vulnerable households in the Project affected area. The vulnerable groups were identified based on field survey. The vulnerable group includes “Five Guarantees” households, households living under MLG, households with disabilities, and female-headed households. Details for status quo of affected vulnerable group are showed in Table 2-9.
42. Of the total affected vulnerable households, 3 households enjoying five guarantees (Households Given / with / Receiving / Enjoying Five Assurances / Promises) who are long-term sick without labor force and income source, and family member to support them or disabled, and they live on the subsidy of the government. They do not engage in any economic activities, thus land acquisition and resettlement activities cause losses to their livelihoods and income, and they still enjoy the same subsidy provided by the government. During the resettlement process, Fangchenggang Municipal Government and IA will provide them priority to select the house location and floors or provide the necessary assistance to them during the resettlement process.
43. For the three (3) households with the disabled, they will get compensation for land acquisition and they will still enjoy the treatment for disabled persons. The Fangchenggang Municipal Government will give them more care and assistance for structure demolishment, training and employment.
44. For the 9 households living under MLG, they will be provided with MLG fund at CNY 200/capita/month by the civil affairs bureau. The implementing agencies will
25 also give them additional care and preferential policies, to provide them with training and employment opportunities. Fangchenggang Municipal Government could also assist them to get access to small credit from banks or provide the necessary assistance to them during the resettlement process.
45. For the 5 female-headed rural families, they are engaged in service industry, agriculture and animal breeding, and temporary labor work. Their monthly net income from economic activities ranges from CNY 600/capita to CNY 1,000 / capita. After land acquisition, they will loss partial income from land related activities at about CNY 200/capita to CNY 400 / capita per year. In addition, Fangchenggang Municipal Government will provide them necessary supports during resettlement process and also assist them to get access to small credit from banks. Their future livelihood and income will be ensured and improved.
3.2.6 Gender Perspectives on Resettlement
46. When asked the surveyed households on the resettlement issues, the majority of the affected households request fair and timely compensation if their land has to be acquired and structures have to be demolished. In comparison with house demolition, the APs consider that they are less concern on the loss of their land and think that farming is not a preferable option for them. As they live close to the urban area, they are not willing to engage in agricultural production any more but hope to get the reconstruction land and/or reconstruction house land back for their future livelihood and living. The surveyed 182 households would like to use compensation payment to do some businesses or get some training to be employed in enterprises and institutions and no longer engaging in agricultural farming any more. For those who will lose their houses, they expressed that they would use the compensation payment to rebuild structures. According to Fangchenggang City Urban Master Plan, their land will be used for urban development. Table 3-7 provides the opinions and concerns of the APs for resettlement. All of these concerned raised have been incorporated in the planning and implementation of resettlement program, and relevant mitigation measures should be formulated and implemented.
Table 3-7: Opinions and Concerns of the APs on Resettlement Item % of Males % of Females % of Total Fair Compensation 100 100 100.00% Availability of Replacement Houses 100 100 100.00% Timely Compensation 100 100 100.00% Employment 75 45 60.68% Obtaining Reconstruction Land 100 100 100.00% All Cash Compensation 20 10 15.23% Future Employment 70 80 74.77% Children’s Education 85 90 87.39% Assistance during Resettlement 70 100 84.32% Loss of Family Social Network 2 3 2.48% Others (Government’s Assistance) 60 80 69.55%
26 IV. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE
4.1 Public Participation Strategy
47. Great attention has been paid to public participation under the Project during the planning, and RP preparation. Comments have been solicited from each affected community and village, government organizations and affected households.
4.2 Methods and Measures of Public Participation
48. During the preparation of the project FSR, PMO, IA and DI have held various meetings with the relevant organizations and representatives of community and villages regarding the land acquisition and resettlement issues and compensation policies. Comments and suggestions have been obtained on the resettlement site, compensation, and livelihood and income rehabilitation plan. The RP has been prepared based on the above.
49. During the project implementation phase, PMO, IA and RO will encourage local residents to involve in the land acquisition and livelihood rehabilitation and income restoration process.
4.3 Public Participation during RP Preparation
50. During the RP preparation, all relevant organizations and representatives have participated in the following activities:
(1) During the measurement survey of land acquisition and resettlement between July and September 2009, all levels of relevant organizations responsible for land acquisition and resettlement, community committee, village committees, representatives of community residents and villagers (including women) have been involved in the survey activities. During the survey, women were basically on the spots, they carefully checked and read the index investigation final results.
(2) From May to September 2009, the PMO, IA and DI organized many meetings with district leaders, representatives of RC / VC, and APs to publicize the existing national, autonomous region and municipal resettlement policies and ADB’s Policy on Involuntary Resettlement. Comments have been solicited from the participants for minimizing the project impacts, and formulating the compensation rates, and resettlement and rehabilitation plan. With extensive consultations, the APs who will be affected with different losses all agree with the cash compensation or replacement resettlement in accordance with the national regulations.
(3) During resettlement planning period from May to September 2009, PMO, IA, DI, and other relevant organizations visited the affected resident committee and resident group and village committee and villager group, held meetings with participation of the resident and villager leaders and representatives of the residents and villagers to solicit their comments on land acquisition and resettlement, compensation policies and standards, resettlement plan, and restoration measures. These consultation meetings and investigations have generated lots of interests in the resettlement issues and compensation policies, compensation entitlements, and rehabilitation plan. The location of the reconstruction land and reconstruction house land in the new resettlement sites was discussed.
27
(4) In order to strengthen the project awareness and outreach, PMO, IA and DI conducted questionnaire surveys of the APs in July and August 2009. The survey covered all the households to be affected by land acquisition and residential structure; and the result is reliable and reflects the preferences of the APs.
(5) Consultation workshops on environment and resettlement between May and July, 2009.
51. The results of the consultation indicate that in general, the APs require fair and reasonable compensation, and the payment should be paid timely. In comparison with house demolition, the APs consider that they are less concern on the loss of their land and think that farming is not a preferable option for them. As they live close to the urban area, they are not willing to engage in agricultural production any more but hope to get the reconstruction land and/or house reconstruction land back for their future livelihood and living. They also would like to use cash compensation from the loss of their land to rehabilitate their livelihood and income, such as: i) purchase of social insurance; ii) development of self-employed tertiary businesses (i.e. clothing, grocery, transportation, cargo, community service, repair, hairdressing salon, beauty salon, dry-cleaning house, entertainment, catering and hotel services, and tourism); iii) share of profit dividends from the construction and development of the reconstruction land in the new resettlement sites; and iv) investment in their children’s education. They expect to seek employment in other institutions, enterprises and businesses through training. The APs are satisfied with the compensation rate, and resettlement and rehabilitation measures. However, they also expressed their concerns on fair compensation and timely disbursement of compensation payment.
4.4 Women’s Participation
52. Women in the Project area enjoy equal rights with men and they are playing an important role in project planning, design and implementation. During the field survey, about 40% of women have participated in the survey on land acquisition, structure demolishment and inventory indexes. Meanwhile, the local government organized the resettlement consultation meeting (at least 40% participants are women) and some representatives of Fangchenggang City Women’s Federation were asked to participate in consultation meetings to fully solicit opinion of local women. The major concerns for women are fair compensation standards and timely compensation payment. They would like to get necessary assistance from the local government during the land acquisition and resettlement process, priority for employment and training opportunities.
4.5 Information Disclosure
4.5.1 Resettlement Information Brochure
53. In order to help the APs gain a good understanding of the land acquisition and resettlement policies and their entitled rights, IA (FCGDUCICL) in association with BESTCCL has prepared a resettlement information brochure (RIB) and a copy of RIB will be distributed to each AP before 15 December, 2009. Please refer to Appendix 1 for the RIB. The main components of the brochure include: (1) general description (including purpose and location) of the Project and the socioeconomic benefits; (2) project impacts; (3) laws, regulations and policies of land acquisition and resettlement; (4) basic rights and entitlements of the APs; (5) compensation rates; (6) resettlement and income restoration plan and grievance procedure; and (7)
28 implementation schedule. The affected persons were satisfied with the compensation rates and the rehabilitation measures proposed. They will sign their agreement on the entitlements. The disclosure procedure can increase the transparency during the resettlement implementation. At the same time, it will advise the APs how they can raise their requests and appeal through various channels (including the RC / VC, PMO, IA and RO, FLRB, FHDAO, GZAR LRB, GZAR HDAO, and court) and various methods (i.e. by visiting, writing letter or telephone).
4.5.2 Distribution of the Resettlement Plan
54. The draft resettlement plan was distributed to the affected RC / VC in the first week of November 2009. The RP to be approved by FMG will be redistributed to village committees by 15 December 2009 to any one wishing to consult the document in the RC / VCs. Copies of the RP will be kept in the Project office and affected RC / VC. At the same time the RP will be posted on the ADB’s website by the end of December 2009. The RP will be updated based on the detailed measurement survey (DMS) and will be disclosed to the APs and submitted to ADB for review and approval prior to approval of civil works contract awards. After ADB approval, the updated RP will also be posted on ADB’s website for disclosure. For ethnic minority households, wherever necessary, appropriate language and communication materials will be used for the purpose of disclosure of entitlements, income restoration measures and consultation with EMs during project implementation.
4.6 Public Participation Plan during RP Implementation
55. In order to address the problems and needs of the APs properly and timely regarding land acquisition and resettlement, further consultations with the APs will continue so that all issues may be addressed prior to the start of construction and the implementation of the RP. Meetings will be arranged by the implementation agencies for land acquisition and resettlement, as appropriate. Each affected household will have the opportunity to negotiate the compensation contract, which they will sign with the RO. Table 4-1 provides the public consultation plan and process.
Table 4-1: Public Consultation Plan and Process Purpose of Form of Implementing Target Timing Remarks Event Event Agencies Participants 1. Provide Community / Jul 2009 – PMO, IA, DI, district All APs Meetings held with briefings to village Sept 2009 government, and RC / affected by APs in each APs on meetings and VCs LAR of the community / village Project & RP. focus group Project Solicit discussion comments from APs. 2. Disclosure Public & December, PMO, IA, district All APs Distribution of RIB to of RIB community / 2009 government, FLRB, affected by all APs to discuss village FHDAO, and RC / VCs LAR of the concerns and meetings and Project suggestions on LAR focus group programmes discussions Undertook discussions with various focus groups to solicit comments & suggestions 3. Conduct Site December, PMO, IA, DI, district All APs Inventory survey of Final Detailed investigations 2009 governments, FLRB, affected by all assets and land Measurement and household FHDAO, and RC / VCs LAR of the holdings
29 Purpose of Form of Implementing Target Timing Remarks Event Event Agencies Participants Survey (DMS) interviews Project Collection of socioeconomic data 4. Present Public & December, PMO, IA, district All APs Distribution of the Draft Final RP community / 2009 governments, and RC affected by draft RP to APs to to APs village / VCs LAR of the discuss concerns & meetings and Project gaps relating to LAR focus group programs discussion Undertake discussions with various focus groups to solicit comments & suggestions 5. Prepare Public & December, PMO, IA, and RO Stakeholders, Meetings to be held and Disclose village 2009 beneficiaries, with beneficiary Detailed meetings and and APs population, and with Design and focus group APs Updated RP discussion to APs Prior to Submission to ADB for Approval 6. Advise APs Public December, PMO, IA, district All APs Household meetings of meetings 2009 governments, and RC affected by to outline Entitlements / VCs LAR of the entitlements and Dates of Project Disbursement 7. Monitoring Household Jan 2010 – PMO, IA, district Random Provide of APs, interviews Dec 2013 government, FLRB, samples recommendations beneficiaries FHDAO, and RC / and update RP VCs, and independent monitoring agency Monitoring plan Note: FHDAO = Fangchenggang House Demolishment Administration Office; FLRB = Fangchenggang Land Resource Bureau; RO = Resettlement Office; RC = Resident Committee; VCs = Village Committees
56. For smooth and successful implementation of the resettlement plan, the APs will be encouraged to actively participate in various land acquisition and resettlement activities. The Project construction will cause some impacts more or less on local people. In order to ensure the APs could benefit from the Project, local people are encouraged to actively participate in the project construction, and necessary consideration and assistance should be provided to local APs in the use of labors.
30 V. APPEALS AND GRIEVANCE PROCEDURES
57. APs can propose any complaint related to resettlement issues and compensation. The Project has established a transparent grievance channel in addition to the existing grievance channels of local government. The first step of grievance procedure established for the Project is through resident committee / village committee, which is localized grievance mechanism. The legal resolution is the last step proposed for the APs in case that the APs are not satisfied with the decisions made during the whole localized grievance process. APs will be informed of the above grievance and appeal procedure through public information meetings, the resettlement information brochure and other media, so that they can fully understand their rights for grievance and appeal. The resettlement implementation organizations should resolve the grievance for the APs timely. The basic grievance procedures include the following steps.
Stage 1: 58. If any AP is aggrieved by any aspect of the land acquisition and resettlement, he/she can state his/her grievance and appeal to the resident committee / village committee or in oral or in written form. If an oral appeal is made, the community / village will record it on paper and process it. Resident committee or village committee will make decision on or resolve it in two weeks. The AP will be informed of the result via written notice.
Stage 2: 59. If the aggrieved AP is not satisfied with the decision in Stage 1, he/she can appeal to the district government office after receiving the decision; the district government office will reach a decision in two weeks. The AP will be informed of the result via written notice.
Stage 3: 60. If the aggrieved AP is still not satisfied with the decision of the district government office, he/she will appeal to the Fangchenggang Project Management Office (FPMO) or fangchenggang Land Resource Bureau (FLRB) or Fangchenggang House Demolishment Administration Office (FHDAO) after receiving the decision. The Fangchenggang City PMO or FLRB or FHDAO will reach a decision in two weeks. The AP will be informed of the result via written notice.
Stage 4: 61. If the aggrieved AP is still unsatisfied with the decision of the FPMO or FLRB or FHDAO, he/she will appeal to the GZAR LRB or HDAO after receiving the decision. The GZAR LRB or HDAO will reach a decision in two weeks. The AP will be informed of the result via written notice.
Stage 5: 62. If the AP is still dissatisfied with the decision of the GZAR LRB or HDAO, he/she will appeal to the civil division of a people’s court according to the civil procedural law after receiving the decision from GZAR LRB or HDAO. The AP will be informed of the result via written notice. . 63. The resettlers can appeal on any aspect related with land acquisition and resettlement, including compensation criteria and payment, etc.
64. An independent agency (IMA) will be hired by the FPMO for the overall resettlement monitoring and evaluation of the Project in Fangchenggang City. The IMA will inspect and report on the resettlement processes and the operation of the
31 FPMO and relevant organizations involved in the LAR implementation at different levels and correct any errors made during the resettlement process.
32 VI. LEGAL FRAMEWORK AND POLICIES
6.1 Applicable LAR Laws, Regulations and Policies
65. The PRC has established and implemented laws, regulations, and policies on resettlement and compensation for many infrastructure projects. This Project will follow the related Chinese laws, national and GZAR regulations and local bylaws and policies, and also include comments and suggestions from APs, and meanwhile meet the requirements of ADB’s Policy on Involuntary Resettlement. The primary objective of the land acquisition and resettlement (LAR) program is to ensure that the APs will improve their standards of living, or at least will not be made worse off because of the Project.
66. The land acquisition, demolition and resettlement of this Project will be complying with the laws and regulations of PRC, local government and ADB:
¾ Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004; ¾ Land Administration Law of the PRC, amended in 2004; ¾ Implementation Regulation for Land Administration Law of PRC; December 1998; ¾ Notification on Adjusting Newly Added Construction Land Use Fee Collection issued by Ministry of Finance and Ministry of Land Resources [Cai Zong [2002] 93]; ¾ Temporary Regulations on Farmland Acquisition Tax of PRC, 2008; ¾ GZAR “Land Administration Law”, 2001; ¾ Management Law of Urban Real Estate of PRC, 1994; ¾ Guidelines for Valuation on Urban House Demolishment of PRC; 2004; ¾ Urban Housing Demolition Management Regulations of the PRC issued in 2001; ¾ Guangxi Zhuang Autonomous Region Guidelines for Implementation of the Urban House Demolition Management Regulation of the PRC, 2003; ¾ Decree 15 of Guangxi Zhuang Autonomous Region People’s Government: Implementation Methods for Regulations on Village and Town Planning and Construction in Guangxi Zhuang Autonomous Region; ¾ Notification on Announcement for Average Production Value for Land Acquired and Demolishment Compensation Standards for the Construction Land Use of GZAR Basic Infrastructures and Important Projects [Guifagaifagui (2009) 52]; ¾ Implementation Methods of GZAR farmland occupation tax [Guizhengfa (1987) 88 Hao 59]; ¾ Notice of Compensation and Resettlement Method for Land Acquisition and Resettlement of Qisha Coastal Line Industrial Park Construction in Fangchenggang City, 2008; ¾ ADB’s Involuntary Resettlement Policy, 1995; ¾ Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; ¾ Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; and, ¾ OM Section F2 — Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila, 2006.
6.2 ADB’s Involuntary Resettlement Policies
67. ADB Involuntary Resettlement Policy (1995) and Resettlement Operations Manual (OM Section F2) have already specified the 3 important elements of the
33 involuntary resettlement: (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the Project as without it. Some or all of these elements may be present in a project involving involuntary resettlement. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the Project cycle, taking into account the following basic principles:
i) Involuntary resettlement should be avoided whenever feasible; ii) Where population displacement is unavoidable, it should be minimized by exploring viable livelihood options; iii) Replacing what is lost. If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost; iv) Each involuntary resettlement is conceived and executed as part of a development project or program. ADB and executing agencies or project sponsors, during project preparation, assess opportunities for rehabilitation measures, the affected people need to be provided with sufficient resources and opportunities to re-establish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works; v) The affected people are to be fully informed and closely consulted. Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing planning and implementation options. Grievance redress mechanisms for affected people are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning, and implementation; vi) Social and cultural Institutions. Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and socially harmony is promoted; vii) No formal title. Indigenous groups, ethnic minorities, pastoralists, migrants/floating population, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements; viii) Confirmation of eligibility. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligible cut-off date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits; ix) The poorest. Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and other
34 vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socioeconomic status; x) The full resettlement costs are to be included in the presentation of project costs and benefits. This includes costs of compensation, relocation and rehabilitation, social preparation and livelihood programs as well as the incremental benefits over the without-project situations (which are included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies. xi) Eligible costs of compensation. Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation.
6.3 Related Laws and Regulation of PRC
68. This Project can be implemented based on the PRC Land Administration Law (effective as of January 1, 1999 and amended in 2004), Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration issued by State Council, October 2004, Urban Housing Demolition Management Regulations of the PRC issued in 2001, and Management Law of Urban Real Estate of PRC (effective as of July 5, 1994) as well as the other relevant laws and regulations.
6.3.1 Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration, issued by State Council, October 2004
69. Article 12: Improving land acquisition compensation practice. People’s Governments at the county level and above shall adopt practical measures to ensure that the farmers whose land is acquired shall not be made worse off. It should be ensured that land compensation fees, resettlement subsidies and compensation for ground attachments and standing crops shall be provided in accordance to applicable laws and regulation in full and in time. If the land compensation fees and resettlement subsidies as stipulated by law still cannot be able to maintain the original standards of the land-losing farmers and are not adequate to cover the social insurance costs of the landless farmers, the provincial government shall approve an increase in the resettlement subsidies. If the sum of the land compensation fees and resettlement subsidies has reached the legal upper limit but still cannot maintain the original living standards of the farmers, the local government can provide additional subsidies with the use of revenues from the sales for the use of state land. The provincial government shall formulate and publicize the standard annual output or regional land prices for land acquisition in the cities and counties under the provincial jurisdiction. Land acquisition compensation shall be kept identical for identical quality of land in same locality. The full costs of land acquisition for national key development projects shall be included in the overall project budget.
70. Article 13: Properly resettling farmers whose land is acquired. People’s Governments at the county level and above shall formulate concrete measures to guarantee the long-term livelihood of the farmers whose land is taken. The farmers shall be given stocks for land-taking projects that have stable revenues. In a prescribed urban zone, the local government shall place the farmers who are made landless because of land acquisition in the urban employment system, and set up a social insurance system for them. If the acquisition of collective land takes place outside the prescribed urban area, the local government shall set aside essential farmland within the administrative area or assign suitable jobs. Resettlement in distant areas should be considered for farmers who can no longer have adequate
35 land to continue farming. The labor and social insurance departments shall cooperate with other relevant departments to provide guidance on the establishment of employment training and social insurance program for land-losing farmers.
6.3.2 PRC Land Administration Law
71. The Land Administration Law of the PRC was passed at the 16th session of the Sixth Standing Committee Meeting of the National People’s Congress on June 25, 1986. It was subsequently amended at the Fourth Session of the Ninth Standing Committee Meeting of the National People’s Congress on August 29, 1998. The newly amended law was brought into force on January 1, 1999, according to the Decision on the Amendment to the Land Administration Law of the PRC that was adopted at the Fifth Session of the Seventh Standing Committee Meeting of the National People’s Congress.
72. ARTICLE 47: Land acquired shall be compensated for on the basis of its original purpose of use.
73. Compensation for acquired cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops on the acquired land. Compensation for acquisition of cultivated land shall be six (6) to ten (10) times the AAOV of the acquired land for three years preceding such acquisition. Resettlement subsidies for acquisition of cultivated land shall be calculated according to the agricultural population to be resettled. The agricultural population to be resettled shall be calculated by dividing the amount of acquired cultivated land by the average amount of the original cultivated land per person for the unit of the land is acquired. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four (4) to six (6) times the AAOV of the acquired cultivated land for three years preceding such acquisition. However, the highest resettlement subsidies for each hectare of the acquired cultivated land shall not exceed fifteen times its AAOV for the three years preceding such acquisition.
74. Standards of land compensation and resettlement subsidies for acquisition of other types of land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of compensation and resettlement subsidies for acquisition of cultivated land.
75. Standards for compensation of attachments and young crops on the acquired land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.
76. For acquisition of vegetable plots in city suburbs, the land users shall pay towards a development and construction fund for new vegetable plots in accordance with the relevant regulations of the State.
77. If land ccompensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of this Article are still insufficient to help the farmers needing resettlement to maintain their original living standards, the resettlement subsidies may be increased upon approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the AAOV of the acquired land for the three years preceding such acquisition.
36 6.3.3 Urban House Demolition Management Regulation of PRC
78. Article 6: The demolition unit can not demolish house/building until obtaining the demolition certificate.
79. Article 22: The demolition unit should give the tenants compensation according to these regulations. There is no compensation for demolishing illegal building and temporary buildings that exceed the approved period1.
80. Article 23: Resettlement compensation can be paid out in cash, or by exchange of property rights. The resettlers can choose between the two compensation options – cash compensation or house exchange.
81. Article 24: The amount of compensation shall be determined on the basis of the assessment of the real estate market, in reference to the location, purpose of use, construction area and other factors.
82. Article 31: The acquiring unit shall pay a resettlement allowance to the owner of the building or its tenants. During the transition period, if the owner or tenants arrange living places by themselves, the acquiring unit should pay them an allowance for their temporary transition. If the owner and tenants use temporary accommodation provided by the acquiring unit, no temporary transition allowance is necessary.
83. The standard of the resettlement allowance and temporary settlement allowance will be regulated by the people’s government.
84. If the demolition extends the transition period for which the acquiring unit is accountable, the acquiring unit shall increase the allowance to the owner or tenants by the months delayed. For those who use the transition building, the acquiring unit shall give a temporary settlement allowance by the months delayed.
85. Article 32: The house demolition agency is not allowed to extend the transitional period at their choice. The user of transitional house shall vacate on time. If the house demotion agency extends the transitional period due to their reasons, temporary resettlement subsidy should be added and paid to the resettlers or house tenants from the first date started the extension; for the users of transitional house, the temporary resettlement subsidy should be paid to the persons from the first date started the extension.
86. Article 33: The acquiring unit shall compensate for production stoppage and business disturbance to any non-residential building.
6.3.4 Implementation Method of Guangxi Zhuang Autonomous Region for Land Administration Law
87. Article 7: The ownership of the state-owned and rural collective-owned land shall be determined by the Land Administration Law, the implementation regulation of the Land Administration Law and other laws and statutes.
88. Article 8: The rural collective-owned land is legally owned by the farmer's collectives and managed and administrated by the village collective economic bodies. If the village collective economic body is not complete, the villager committee shall
1 It means beyond the expiry date certification.
37 manage and administrate the land. If the land in a village is owned by more than two rural collective economic bodies, each of the bodies or village group shall manage and administrate the land. If the land is owned by town or township, the rural collective economic bodies of the town or township shall manage and administrate the land. If the rural collective economic body of the town or township is not complete, the town or township government shall manage and administrate the land.
89. Article 21: Preparation of the yearly schedule of land use shall follow the following principle.
(I) strictly follow the overall land use plan and dominate the gross land size used for construction and protect the cultivated land. (II) Guide the land demand by land supply, and rationally and effectively utilize the land. (Ill) Preference of use of land shall be given to the key capital construction projects, and the projects supported by the state industrial policies of the region and state. (IV) Protect and improve the ecological environment and the sustainable use of the land resources.
90. Article 26: The followings shall abide by in reclaiming new cultivated land in same size and quality of the cultivated land requisitioned for non-agricultural construction. (I) Within the land boundary for urban construction defined in the overall land use plan, the local city, county government shall be responsible for organizing reclamation for implementation of the planned urban construction; (II) Within the land boundary for construction of village or town facilities defined in the overall land use plan, the town or township government shall be responsible for organizing the rural collective economic bodies or the land occupying organization to reclamation for implementation of the planned construction of village or town facilities; and (IlI) For the cultivated land occupation for construction of power generating, transportation, water conservancy, mining and military facilities beyond the land boundary for urban and rural construction defined in the overall land use plan, the land occupation organization shall be responsible for reclamation of new cultivated land.
91. Article 27: For the cultivated land occupied for non-agricultural construction, the organization or individual shall pay the reclamation fee if he has no means for reclamation.
92. Article 34: The land use organization and individual shall restore the destroyed land due to excavation, collapse and occupation during production and construction according to the State's and Regional stipulations concerning reclamation of land, and in 30 days of completing such reclamation, applies to the land administrative department of local municipality, county (city) government for inspection and acceptance. In case the land use organization or individual who has not means to conduct reclamation or whose such reclamation is not in compliance to the requirement in acceptance, he shall pay to the land administrative department of local municipality, county (city) government the land reclamation fee at a rate of CNY 20-80 per square meter. The said land administrative department shall organize the land reclamation.
93. Article 45: Each rural villager's household shall have only one piece of house plot. Construction of villager's residence shall be in compliance to the overall land use plan of the town/township, and shall be in combination of the reconstruction of the old village and take full advantages of the old house plot, idle land and waste land on hills within the village. Occupation of farmland shall be strictly limited. The
38 area of approved new house plots shall observe the following criteria: (1) size of house plot in plain and suburban areas shall not exceed 100 square meters for each household; and (2) size of house plot in uplands and hilly areas shall not exceed 150 square meters for each household.
6.3.5 Guangxi Zhuang Autonomous Region Guidelines for Implementation of the Urban House Demolition Management Regulation of the PRC
94. Article 9: When the house demolition administration department issues a house demolition permit, it shall be within 5 days, publicize all contents specified in the house demolition permit, including the name of the Project, structure dismantler, scope of demolition, and time limit of demolishment, implementation unit of demolishment, etc. The announcement should be made in the form of house demolishment notification.
95. The house demolition administration department and the dismantlers shall properly publicize and explain the relevant matters to the resettlers.
96. Article 18: The demolition unit and the affected people shall reach agreement on compensation and resettlement for demolition.
97. For demolition of rental houses, the demolition unit shall reach agreement with the affected people and the tenants on demolition compensation and resettlement.
98. Article 19: Dismantlees or house tenants should be compensated by dismantlers based on household house property certificate, rental vouchers of public houses and house rental contracts which are effective after issuance date of house demolition permits.
99. The dismantlees and house tenants signing compensation agreements refer to the property owners with house property certificate and tenants with rental vouchers of public houses or house rental agreement.
100. Article 20: The agreement of demolition and resettlement compensation shall contain the following contents:
(i) Construction area of the houses to be demolished; (ii) Amount of cash compensation for demolition; (iii) Methods of compensation and resettlement; (iv) Time limit of relation, approach of temporary transition and time limit of temporary transition; and, (v) Other issues mutually agreed by concerned parties.
101. Article 32: Dismantlers should pay all compensation exclusively for house demolition and relocation purpose and can not be used for other purposes.
102. House demolition administration department should establish financial regulatory system to enhance financial supervision on the relocation compensation.
103. Article 34: Dismantlers should compensate the dismantlees in accordance with of the regulation.
104. Demolition of illegal structures and temporary buildings exceeding approval period should not be compensated. Demolition of temporary buildings within approval
39 period should be compensated. The monetary compensation formula is: monetary compensation = replacement price of temporary structure x remaining period ÷ approved period.
105. Replacement price refers to replacement price on the date of issuance of housing demolition permit.
106. Article 37: Formula for monetary compensation for house demolition is: monetary compensation = unit price of real estate market assessment for demolished house x construction area of house to be dismantled.
107. The unit price in the preceding section refers to the price of construction area per square meter.
108. If real estate market assessment price is lower than the lowest compensation rates, the lowest compensation rate should be applied. Lowest compensation rate refers to the average market unit price of purchased public houses in similar structures and locations. The specific criteria should be determined by city and county governments.
109. Article 38: For decorated houses, except for movable parts and materials, the decoration should be partially compensated. Formula for monetary compensation of house decoration is: monetary compensation of house decoration = replacement price of housing decoration x (standard life duration - actual time used of decoration) ÷ standard life duration.
110. The replacement price of house decoration in the preceding section refers to replacement price of the same grade house decoration on the date of issuance of housing demolition permit. The standard life duration refer to:
(1) 10 years for residential houses; (2) 7 years for office building; and, (3) 5 years for shops, hotels, restaurants and other business premises.
111. The lowest monetary compensation for house decoration can not be lower than 20% of replacement price of house decoration.
112. Article 39: House Demolition Agency shall entrust the real estate assessment institution to evaluate the value of the houses and to confirm the cash compensation.
113. If the owner of the demolished house has objections to the resettlement and compensation programs, an agreement could be signed between the house demolition agency and the owner of the demolished house to entrust a legal real estate institution to conduct the assessment and evaluation of the house value. Assessment costs should be shared by both parties.
114. If the resettlers still have objections on the evaluation result, s/he can appeal to the expert panel of the house demolishment administration office within 15 days from the date receiving the evaluation report. The formation of the evaluation committee, evaluation method and responsibilities for assessment cost could be regulated by the GZAR authority.
115. If the owner of the demolished house has not received the evaluation report within 15 days of application, s/he could use the evaluation result as the evidence for
40 compensation and appeal. For the person who has made application for evaluation, s/he could use the evaluation result as evidence for compensation and appeal.
116. Article 50: Demolition has been implemented without obtaining a house demolition permit, the house demolition administration department, in accordance with the "Article 34” of the regulation, should order a stop of demolition by warning with a penalty of CNY20 to CNY50 per square meter of demolished houses.
6.4 Gaps between ADB and Chinese Policies
117. In comparing the gaps between ADB and PRC policies, Table 6-1 presents that the distinctive differences in the aspects of legal rights or property certificates, and information disclosure and consultation which are lacking in content or in time delays.
Table 6-1: Gaps between ADB and PRC Policies Differences Comparison Solutions Relocation There are rules and regulations in PRC related to the It is important that the performance of concerned compensation relocation compensation. But compared to the management organizations should comply with equivalent policies of ADB, the execution of these the ADB’s policy. Meanwhile, attention should be regulations are usually not so transparent. Measures paid to APs’ participation and activities to should adopt to make sure that the compensation fee increase awareness of public participations will be distributed timely and sufficiently. during RP implementation. The IA and RO should ensure that all of the people understand the policies and procedures regarding land acquisition, resettlement, compensation, payment, and provision of grievance redress and appeal procedures. Besides, the IA should enhance the internal and external supervision.
Special Chinese regulations require giving all APs the same For the Project, the issues of vulnerable groups Provisions for treatment without special consideration to vulnerable and gender equity will be incorporate in the land Vulnerable groups. But ADB requires that particular attention acquisition and resettlement planning and Groups must be paid to the needs of the poorest affected implementation through the provision of a people, and vulnerable groups that may be at high preferential policy to vulnerable groups in such risk of impoverishment. Appropriate assistance must things as compensation, MLG, employment and be provided to help them improve their assistance in relocation socioeconomic status.
Consultation According to the requirement of ADB for the RP To meet the requirements of public consultation and Public preparation, the APs should be fully informed and and transparency, ADB’s procedures have been Notification closely consulted. In the Land Administration Law of and will be followed for the Project. The public PRC, it provides the consultation service, but consultation and notification should be a part of provides no concrete and specific clauses and the management meetings of the Project. To procedures. During actual practice, usually there is avoid the circumstance that administration no consultation and no information disclosure until departments is unwilling to inform the people, the approval of RP due to the facts that formal land during the preparation of the resettlement plan, acquisition and location are not finalized during the the cut-off date should clearly specified in the RP preparation stage and the land user is unwilling to RP, and measurements and surveys should be inform the APs. carried out in details as much as possible, and a good communication channel should be established with the APs. Grievance Land Administration Law of PRC provides a Although it is difficult tasks, effective safe Procedures grievance procedure, but few people have used the measures should be put into place to strengthen formal procedure and the grievance documents are the principles of the resettlement and usually incomplete. ADB policy requires safe compensation. Training of the resettlement staff measures to protect the rights of the APs and actual should be undertaken to ensure that they will pay methods to solve the disputes of the APs. Therefore, more attention to the needs and concerns of the this requires a complete “step-by-step” management, APs. The APs should be well informed regarding supervision and subsequent actions to be taken to the grievance procedures and processes, resolve the issues and disputes of the APs. Further, including some good cases of grievance and Chinese laws tend to the method of “resettlement resolution. first, and dispute resolution second”, in contrary, ADB
41 Differences Comparison Solutions required to take as much time as possible to settle down issues before land acquisition and resettlement. Temporary The most common way in China is to provide To meet the requirements of ADB, the following resettlement temporary house. ADB’s policy is to reduce the measures should be adopted: No temporary resettlement as much as possible and ensure the resettlement will be allowed for the resettlement residents live in the illegal houses move to the legal of the Project. ones.
6.5 Compensation Criteria and Principles
6.5.1 Entitlement
118. The Project affected persons (APs) who are entitled to receive compensation refer to the persons affected by the involuntary taking of land resulting in: (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. All landowners and users and occupants of structures in the Project areas affected by land acquisition and relocation as a consequence of the Project will be eligible for fair compensation and rehabilitation according to the types of losses and quantities as well as the cut-off date determined by Fangchenggang Municipal Government. The cut-off date for the compensation will be announced to all APs immediately afterward, within the completion date of the construction map and investigation; any newly cultivated land, or planting of crops or trees, or structures built after the cut-off date determined by the local government will not be compensated.
6.5.2 Compensation Principles
119. The principle of the compensation and entitlements established for the Project are as follows: (i) Compensation and entitlements provided must be adequate to allow APs to at least maintain their pre project standard of living, with the prospect of improvement; (ii) All the APs, with and without certificates, are to be taken into consideration and accounted for; (iii) Compensation should not be paid to those people who occupy land or construct structures and auxiliaries in the Project area after cut-off date determined by the local government; (iv) Adequate compensation should be provided to the APs timely; (v) A preferential policy will be provided to vulnerable groups in such things as compensation, reconstruction land and/or reconstruction house land assignment, transfer and employment; (vi) All the APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans and project timing; and (vii) Close monitoring and timely actions will be carried out to identify and resolve any problems
6.5.3 Compensation Rate
6.5.3.1 Permanent Land Acquisition
120. The permanent land acquisition will be compensated based on category of state-owned land and collective-owned land. Compensation for state-owned land includes compensation for land, auxiliary items and relocation. Compensation for collective-owned land will be compensation with different types of land. The compensation standards for the loss of different types of land are presented in Table 6-2.
42 Table 6-2: Compensation Rate of Collective Land Unit: CNY/mu Land Resettlement Compensation Standing Crops Output Compensation Subsidy Rate Type of Land Value Multiplier Rate Multiplier Rate Multiplier Rate Multiplier Rate (times) (CNY/mu) (times) (CNY/mu) (times) (CNY/mu) (times) (CNY/mu) Collective-Owned Land Wood Land 1,400 4 5,600 5 7,000 1 1,400 10 14,000 Water Pond 20,700 Fish Pond 2,583 8 20,664 3 7,749 1 2,583 12 31,000 Dryland 675 7 4,727 12 8,104 0.25 169 19.25 13,000 State-Owned Land State Land 5,500.00 Note: The dryland are 4 crops per year, as a result, the standing crops compensation multiplier is 0.25 times. For example, the compensation for standing crops of paddy land is calculated as: CNY 675 ÷4 crops/year = CNY 169/mu.
6.5.3.2 Temporary Land Occupation
121. The temporary land occupation of the Project will involve dryland and waste land. The detailed compensation is presented in Table 6-3.
Table 6-3: Temporary Land Occupation Compensation Standard Land Type Unit Compensation Standard (CNY) Wasteland mu 4,666.67 Hilly Land mu 4,666.67
6.5.3.2 Demolishment of Residential Structures
122. For the lost residential house structures and auxiliaries, the compensation rates are presented in Table 6-4. All the compensation rates for the structures and auxiliaries will be based on replacement value and will be determined based on the Evaluation Center’s response based on the evaluation by the qualified real estate evaluation company. The compensation for residential houses will be paid to the APs. Relocation allowance will be provided to the APs at the rate of CNY 8/m2, and each AP will be provided with temporary transit allowance at the rate of CNY 4,000/capita. As the APs will not move until their new houses are built, and the relocation will only take about 2 or 3 days, the relocation allowance should be sufficient.
Table 6-4: Compensation Rates of Residential House Demolition Unit Compensation Standard (CNY) Private Residential Structure Frame m2 1,200 Brick m2 640 Simple m2 370 Auxiliaries Fenced Wall m 150 Toilet No. 2,200 Fruit Tree No. 255
6.5.3.3 Basic Infrastructures and Special Facilities
123. All affected basic infrastructures and special facilities will be compensated at replacement rate to reflect the current value. Table 6-5 provides the compensation
43 standards of the infrastructures and facilities.
Table 6-5: Compensation Standards of Basic Infrastructures and Facilities Items Unit Compensation (CNY) Electricity poles No. 12,500
6.5.3.5 Special Policy for Vulnerable Group
124. The needs and interests of vulnerable groups, special attention will be given to them, particularly the potential difficulties faced by vulnerable people in affected areas in resettlement planning and implementation. The PMO and IA will supervise implementation to ensure these vulnerable persons receive adequate compensation, reconstruction land and/or reconstruction house land assignment, social security plan, special fund and MLG. Assistances on training with free charge, employment, and micro-credit will be provided to them by the FMG, PMO and IA to restore their living conditions and incomes. During resettlement phase, the women-headed households and disabled and elderly people will be given priority to choose the reconstruction land or reconstruction house land.
44
VII. ENTITLEMENT MATRIX
125. 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 residential structures will be paid to the APs before the cut-off date determined by FMG. The compensation will be made in the forms of “cash” or “cash plus reconstruction land” for land compensation, and “cash plus reconstruction house land” for structure compensation. The relocated households will get relocation allowance and temporary transit allowance. The compensation will be in cash. Table 7-1 presents the entitlement matrix. As no farmland will not re-allocated, the compensation for the collective land loss will be paid to the affected households directly. The reconstruction land for tertiary industry development will be allocated to the affected village group. The reconstruction land will be managed by the village collective for the development of profit making. The village collective will retain 30% of the dividends to be used as supplementary financing source 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.
45 Table 7-1: Entitlement Matrix Type of Agency Level of Impact Entitled Persons Compensation Policy & Standards Losses Responsible Permanent State-Owned Land: Fangchenggang Land Resources Bureau Compensation rate is CNY 5,500/mu for the state PMO, land 326 mu of state-owned land of Hongxin –owned land. FCGDUCICL,, acquisition Community will be acquired permanently. FLRB, and (182 rural RO households Collective-Owned land: “Cash” or “cash plus reconstruction land” will be Compensation rates are CNY 14,000/mu for wood and 748 rural 1,531 mu collective-owned land will be provided to all APs affected by permanent land land, CNY 20,700/mu for water pond, CNY populations) acquired permanently for the Project, acquisition, and the reconstruction land will be 31,000/mu for fish pond, and CNY 13,000/mu for including 21 mu in Huangwu Group (15 mu constructed in a centralized way. dryland. The compensation rates include the land dryland, and 6 mu fish pond); 367 mu in compensation, resettlement subsidy, and standing Wuwu Group (21 mu dryland, 300 mu wood Land compensation, resettlement subsidy and standing crops. land, 20 mu water pond, and 25 mu fish crops for the rural collective land acquisition will be pond); 795 mu in Shatian Group (54 mu paid to the affected households directly. The The standard for the allocation of reconstruction dryland, 685 mu wood land, 40 mu water reconstruction land for tertiary industry development land is 0.1 mu/capita for the land classified as pond, 15 mu fish pond); 348 mu in Xuwu will be allocated to the affected village group. The commercial land use. Group (17 mu dryland, 300 mu wood land, reconstruction land will be managed by the village 10 mu water pond, and 21 mu fish pond). collective for the development of profit making. The village collective will retain 30% of the land compensation payment to be used as supplementary financing source 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. Temporary A total of 128 mu and rural collective land Cash compensation will be paid to the contractors for Compensation standards: CNY 4,666.67/mu for PMO, Land will be occupied, including 12.3 mu waste the loss of land temporarily. waste land; and CNY 4,666.67/mu for hilly land. FCGDUCICL,, Occupation land in Huangwu Group; 31.3 mu in Wuwu FLRB, and (28 AHs or 91 Group (23.4 mu waste land and 7.7 mu hilly After temporary land use, the land will be restored RO APs) land); 49.5 mu in Shatian Group (30 mu by the APs to original condition and keep the waste land and 19.5 mu hilly land); and 35 same quality. mu in Xuwu Group (31.5 mu waste land, and 3.5 mu hilly land)
46 Type of Agency Level of Impact Entitled Persons Compensation Policy & Standards Losses Responsible Residential A total of 3,821 m2 residential structures will Households All affected APs will be provided with Compensation for the affected structures at full PMO, structures and be demolished, including 1,051 m2 frame, (20 “cash plus reconstruction house land”. replacement costs of materials and labors with no FCGDUCICL,, auxiliaries (20 915 m2 brick, and 1,855 m2 simple structure. households The reconstruction house land will be deduction for depreciation or salvageable RO, FLRB, households or with structure constructed in a centralized way, or the materials. FHDAO, 77 persons, certificates) APs purchase the houses in other Gangkou including 1 communities of the city. The standard for the allocation of the District urban reconstruction house land is 25 m2/capita. For the Government, household and All APs will be compensated before the household has less than 3 family members, they and RC/VCs 3 urban cut-off date determined by FMG. The can get 80 m2 after approval and should pay CNY populations, cut-off date will be determined by FMG 500/m2 as land development cost for the area and 19 rural in collaboration with relevant exceeding the 25 m2/capita. households organizations involved, including PMO, and 74 urban IA, FLRB, FHDAO, and district The arrangement of reconstruction house land will populations) government. Illegal land-use, follow the urban planning, and the resettlement construction of temporary structures sites will be planned and constructed to will not be compensated after the resettlement the relocated families. The new notification of cut-off date. FMG, IA, resettlement sites will be planned, designed, FLRB and FHDAO could take constructed, managed, and selected in a photos/video of the places on the centralized way. FMG will be responsible for land cut-off date to prevent further influx leveling, foundation, and water and electricity beyond the cut-off date. FMG will connecting to the households. After all these have publicize the cut-off date on newspaper been done, the compensation standards for of “Fangchenggang Dairy” and structures ONLY are: CNY 1,200/m2 for frame, community / village bulletin board once CNY 640/m2 for brick, and CNY 370/m2 for simple the date is decided. structure.
Relocation allowance and temporary Relocation allowance will be paid to the AHs in transit allowance in cash will be cash at CNY 8/m2 and CNY 4,000/capita for provided to the APs temporary transit allowance.
47 Type of Agency Level of Impact Entitled Persons Compensation Policy & Standards Losses Responsible Auxiliaries 120 m fenced wall, 25 tombs and 1,318 fruit The APs will be provided cash compensation at Cash compensation will be paid to the APs: CNY PMO, trees replacement value. 150/m for fenced wall, CNY 2,200/each for tomb, FCGDUCICL,, and CNY 255/each for fruit trees. RO, FLRB, FHDAO, Gangkou District Government, and RC / VCs Basic 24 electricity poles Affected Owners Cash compensation will be paid to the affected PMO, infrastructures owners: CNY 12,500/each for electricity pole. FCGDUCICL,, and special RO, Gangkou facilities District Government, and RC / VCs
48 VIII RESETTLEMENT AND REHABILITATON PLAN
8.1 Objectives and Principles of Resettlement Program
126. The overall objectives of the resettlement program are for the affected people to be offered with livelihood opportunities, for the labor force to be resettled properly, and for the living and production conditions of the APs to be improved or at least not worse-off than before the Project. The basic principles of the resettlement and rehabilitation plan are as follows: i) Compensation should be paid in “cash” or “cash plus reconstruction land2 in resettlement sites” for the land loss families, and “cash plus reconstruction house land 3 in resettlement sites” for relocated families; ii) Development resettlement is promoted. The livelihood rehabilitation plan will be based on the provision of: a) various employment and income generation opportunities during the Project construction and operation phases; b) development of self-employed tertiary businesses (i.e. clothing, grocery, transportation, cargo, community service, repair, hairdressing salon, beauty salon, dry-cleaning house, entertainment, catering and hotel services, and tourism); c) provision of technical training to the APs to increase their skills to be employed in other institutions and enterprises, and d) provision of social insurance to the APs; iii) Implement the resettlement program properly, comply with related compensation policies, and ensure that the production and living conditions of the affected people are increased or at least restored; iv) The resettlement plan should be prepared and implemented in accordance with state’s land rehabilitation policy, national economic and social development plans. The needs and interests of state, collectives and individuals should be fully and equally taken into consideration; v) The APs should be consulted for the development of the resettlement plan and for the compensation rates; and vi) Women’s rights and interests should be fully taken into consideration of the Project.
8.2 Compensation and Rehabilitation Plan
8.2.1 Resettlement Options and Plan
8.2.1.1 Residential houses
127. The Project will relocate 20 households and 77 persons. A total of 3,821 m2 structures will be demolished. To maintain the social network of the APs, to keep their original living and work continuity, the compensation will be provided based on the FMG policies and regulations: “cash plus reconstruction house land in resettlement site”, and auxiliaries at replacement value in cash. The APs will be resettled close to their original houses as much as possible. On the basis, Shanggeping, Miaowu Community and Shengjili Resettlement Sites of Yuzhouping Street Administration Office, Gangkou District have been selected as the resettlement sites. The resettlement sites are about 0.5 km to 2 km from their original houses.
128. Table 8-1a and Table 8-1b provide the summary resettlement choices preferred by the affected households. According to the latest field survey, 100% or 20 households would like to choose “cash plus reconstruction house land in resettlement sites” compensation. Most of the affected households (81% or 16 households) would
2 The Reconstruction Land means the land to be allocated to the affected households who lose their land permanently and will be used for tertiary industry development and managed by village or village group in a centralized way for sharing dividends, such as used for the development of shops, market, restaurant, hotel, factory, etc. 3 The Reconstruction House Land means the land to be allocated to the affected households who lose their house structures. The affected households could use the land to build their residential houses or residential houses with shops.
49 choose the area adjacent to their original residence area in order to keep the original life style and production and maintain their original social relations, and 19% (4 households) would like to move to the other resettlement sites of the surrounding area in the city.
Table 8-1a: Resettlement Choices of the Affected Households Resettlement Choices of the Affected Persons (No.) Reconstruction Cash Compensation Total House Land + Purchase of Commercial Purchase of Economy Households Cash House House Total 20 20 0 0 % 100% 100.00% 0.00% 0.00%
Table 8-1b: Resettlement Sites Selected by the Affected Households Resettlement Choices of the Affected Persons (No.)
Total Households Close to Original Place Other Sites Hongxin Community 1 1 0 Huangwu Group 0 0 0 Private Structure Wuwu Group 6 4 2 Shatian Group 8 7 1 Xuwu Group 5 4 1 Total 20 16 4 % 100% 81% 19%
129. In order to fully take into account the wishes of the affected persons in combination with Fangchenggang City Urban Master Plan layout, FMG has preliminarily planned the reconstruction land and reconstruction house land in the three resettlement sites for the Project. The reconstruction house land will be within Yuzhouping District. The resettlement sites will be planned in a centralized way, and the IA will be responsible for “Three Access and One Leveling”, namely water, electricity and road access and land leveling. The APs will not only get cash compensation for the loss of their structures and but also get allocation of reconstruction house land at 25 m2 per persons. In addition, relocation allowance and temporary transit allowance will also provide to the APs. For the household who has less than three family members, they can get 80 m2 of reconstruction house land after approval and should pay for CNY 500/m2 as land development cost for the area exceeding the standard 25 m2/capita. The new resettlement sites will be planned, designed, constructed, managed, and selected in a centralized way. Fangchenggang Municipal Government (FMG) will be responsible for land leveling, foundation, and water and electricity connecting to the households. The APs could build the houses with the ground floor as shops and upper levels as living space. By this way, they could get additional income at about CNY 3,000 to CNY 6,000 per month. The demolishment of residential structures will be compensated in replacement value, thus, it is sufficient for the APs to use the compensation payment to build their new houses. The new resettlement sites will be facilitated with better community services and improved living environment, thus the living and quality of life of the APs will be improved. Table 8-2 provides the resettlement scheme for the households to be relocated to the resettlement sites.
50 Table 8-2: Resettlement Scheme of All AHs (N=20 households) Area of Distance Site of Reconstruction Village Group to from Current Reconstruction AHs (No.) APs (No.) House Land Be Resettled Original Site Status House Land (mu) (km) Plan completed, Huangwu Group, land leveling Shanggeping 125 Wuwu Group, and 10 40 0.5 and facility Shatian Group under construction Huangwu Group, Reconstruction Miaowu 400 Wuwu Group, and 5 18 2 partially Community Shatian Group started Huangwu Group, Reconstruction Shengjili 80 Wuwu Group, and 5 19 1 partially Shatian Group started Total 605 20 77 Note: The above resettlement sites will not only host the relocated families affected by the Project, but also other resettlers.
130. During the resettlement process of the land acquisition and structure demolishment, some incentive measures and preferential policy will be adopted by the Project, such as for the early signing of compensation agreement within 30 days after the publicizing demolishment. A reward will be given to the APs. As for the APs who sign the resettlement and compensation agreement after the publicizing of relocation and have moved out, they will be provided with CNY 5,000 per household as award. For those relocated families who complete their house construction according to the plan within the regulated time period, an award of CNY 5,000 per household will be provided. For those families who would like to purchase economy houses of the Government, FMG will provide them the housing sources at the preference of the APs.
131. For safety reason, the demolition of the structures can not be carried out by the resettlers themselves. It should be demolished by the qualified house demolishment agency. However, the materials such as doors and windows can be disposed and re-used by the households themselves. The APs can sale the salvageable materials to make some money.
132. For the demolished houses which have already had the relevant property certificates, it is the responsibility of the demolishment agency to process the relevant certificates from relevant municipal departments. The costs will be covered by the demolishment agency, and the new houses will be legitimized.
133. In addition, relocation allowance of CNY 8/m2 will be provided to each affected household, and temporary transit allowance of CNY 4,000 per person will also be provided to the APs, totaling 6 months. For each relocated family, they will get CNY 1,528 in total for the average loss of 191.05 m2 residential structures. For their moving, it will take about only one to two days, the productive income loss is about CNY 32, plus transportation rental cost at about CNY100/day. Thus, the relocation allowance is sufficient. The APs will not be moved after the new houses are built, the relocation will only take a couple of days, thus the temporary transit allowance is adequate. The APs will benefit from the temporary transit allowance provision if they could move into their new houses timely.
51 8.2.1.2 Rehabilitation Plan for Affected Households by Land Acquisition
134. The construction of urban road network project will permanently acquire 326 mu of state-owned land, and the compensation will be directly paid to the Fangchenggang Land Resources Bureau. The land acquisition of rural collective land will affect 4 village groups, 1,531 mu of land, and 182 households or 748 persons. The proportion of land to be acquired only account for small proportion (7.93%) of the rural collective land, and the local people are not relying on the land for their livelihood with increasing number of people are engaging in service industry and in enterprises. The affected Project area is getting urbanized. After land acquisition, no allocation of land will be made. The compensation for land loss will be directly paid to the APs. For the collective land acquisition, reconstruction land will be reserved in the resettlement sites in accordance with relevant laws and regulations. The standard for the allocation of reconstruction land is 0.1 mu/capita for the land classified as commercial land use. The village committees will develop the reconstruction land for profit making to solve the future livelihood of the APs. The resettlement will follow the relevant laws and regulations. In addition, the local government will follow the regulation of “Temporary Method of Social Insurance for the Farmers Whose Land Acquired in Fangchenggang City” to solve the future livelihood of the farmers.
135. Also in accordance with “Notice of Compensation and Resettlement Method for Land Acquisition and Resettlement of Qisha Coastal Line Industrial Park Construction in Fangchenggang City” (2008), reconstruction land for resettlement used for tertiary industry development could be adopted after the rural collective land acquisition. The reserved land to be used for tertiary industry development will be developed by village collative groups and to be managed by village groups in a centralized way.
136. The overall objective of income rehabilitation plan is to ensure that all APs losing their means of livelihood (in this case their land or working place) to the Project are able to at least maintain their pre-project levels of income and living standards. The income restoration plan applies to all 182 affected families in Huangwu Group, Wuwu Group, Shatian Group, and Xuwu Group. As a result of the Fangchenggang City Urban Road Network and Related Municipal Infrastructures Project, the APs will lose 7.93% of their land.
137. The household survey indicates that 55.85% of their income comes from agricultural activity in Huangwu Village Group, 35.84% in Wuwu Village Group, 83.23% in Shatian Village Group, and 46.15% in Xuwu Village Group. The associated income loss of the APs is 0.93% of their total family income or CNY 228.73 per household per year,, see Table 8-3 for the income loss Analysis. According to the income survey, the average annual net income of the affected households in the Project area is CNY 24,664 per household. As close to the urban districts, the income of the APs mainly comes from service industries, agricultural and sideline business, seasonable labors, working in enterprises, and living on government subsidy. Most of the labor forces aging between 20 and 50 have education level equivalent to or above that of junior middle school.
52 Table 8-3: Income Loss Analysis Total Area of Annual HH Annual HH Land Loss Income Loss Village Group Land before LA Income before Income Loss Ratio (%) Ratio (%) (mu) LA (CNY) (CNY) Huangwu 81 25.93 23,949.05 6,209.01 25.93 Wuwu 16,375 2.24 24,508.15 68.85 0.28 Shatian 1,950 40.77 10,276.32 363.62 3.54 Xuwu 896 38.84 43,333.33 1,837.80 4.24 Total 19,302 7.93 24,664.18 228.73 0.93
138. The land loss will not only result in the livelihood of a family, but also their future employment. Of the total 182 affected households and 748 persons to be affected by the Project, 547 persons are in labor force who need income rehabilitation. At the time to acquire the land from the farmers, the future livelihood of the farmers should be also considered. According to the result of the surveys and consultation, the farmers do not want to engage in agricultural activities any more, and would like FMG provide them with reconstruction land for tertiary industry development, and they also would like FMG provide them business support, employment opportunities and technical training assistance.
139. The following income rehabilitation measures are recommended to be carried out to improve their income: i) providing technical skill training and employment opportunities to the APs, especially for the job requiring large amount of labor forces; ii) development of service industry, such as cloth selling, grocery store, food catering service, hairdressing salon, dry cleaning, motorcycle transportation service in urban districts, taxi service, entertainment service, hotel service, tourism business, and other businesses; iii) provision of social insurance; iv) providing employment opportunities generated by the construction and operation of the road network and bridge; and v) reconstruction land reserved for tertiary industry to collective village group (the reconstruction land area reserved for tertiary industry development will be calculated in accordance with the standard is 0.1 mu/capita for the land classified as commercial land use and managed in a centralized way by village groups to be used for development to profit making. The APs will get 70% dividends from the profit making and the collective village 30% to be used for pension and village collective public welfare activities).
140. To mitigate the impacts of APs who lose their land and identify future livelihood opportunities, the "Implementation Method of Social Security for the Farmers Whose Land Acquired in Fangchenggang City" (2008). FMG will allocate the APs with the reconstruction land in the settlement sites to be managed for tertiary development by the village group. As the resettlement sites are within the planned urban road networks, and the urban development, economic development will attract more flow of people and goods and development of related industries. It is planned that the reconstruction land will be developed to build one storey commercial shops for rental income, which could be upgraded into three storey commercial building in the future. The affected village groups will get 18.2 mu of reconstruction land to construct a total of 12,140 m2 shops. Each month, CNY 1.46 million per month or CNY 17.48 million per year rental income could be generated. Each household affected by permanent land acquisition could get about CNY 33,330 dividend income per year or CNY 8,110 per AP per year. In comparison with previous income level before land acquisition at CNY 24,664 per household, their income will increase CNY 8,670 per year.
141. The land compensation for the land loss will be paid to the affected village
53 committees which in turn will use it as investment fund for the development of the reconstruction land in the resettlement sites. In total, the villages committees will get CNY 10.62 million and the resettlement subsidy for the land loss and standing crops will be paid directly to the APs at the amount of CNY 9.99 million. The APs could use the compensation payment for other tertiary industry development. As a result, the APs will significantly benefit from the land acquisition. According to the survey conducted among the APs, 100% or 547 APs in labor force are willing to use the resettlement subsidy and standing crops compensation as seed money to develop the tertiary industries. Women are more suitable for the above-mentioned employment and income generating opportunities. Actually they account for about 43% of the 235 labor force, they will benefit the same from the income rehabilitation program as men. After the affected villagers get their compensation payment, they will be engaged in the new businesses in urban districts. During the arrangement of new employment opportunities, FMG pays great attention to the production resettlement of the affected women, especially the establishment of business for “hairdressing salon”, “grocery store”, “restaurant”, “domestic house keeping”, “handicraft workshop”, “sales of tourism products”, etc. which are very suitable for the employment of women.
142. Based on the socioeconomic survey and discussion/consultation results with the APs, the affected households who need livelihood rehabilitation will set up “grocery store” (19 households/ 78 APs), “food catering service” (25 households/ 103 APs), “hairdressing salon” (5 households/ 21 persons), “dry cleaning” (7 households/ 29 APs), “motorcycle transportation service for urban districts” (27 households/ 113 APs), “clothing shop” (16 households/ 66 APs), and “taxi service ” (30 households/ 121 APs), “hotel service” (15 households/ 62 APs), and tourism (23 households/ 95 persons) to rehabilitate the loss of income from agricultural farming. Since the APs will be receiving a sum of compensation at over CNY 54,890 per household on an average, the amount is sufficient for them to start a new business. The APs will use the compensation payment to establish their new business which is expected to take about two to six months. The income of the APs to be generated from the new businesses could be stabilized two months after the opening of the businesses. They will use CNY 10,000 to CNY 50,000 of their compensation payment to invest in their new businesses and the remaining fund will be used as circulating fund or for education of their children.
143. For the “grocery store””, the initial investment for each business establishment is CNY 30,000, of which CNY 10,000 is used for annual space rental cost and CNY 20,000 for purchase of goods. It is expected that the number of customers will be about 50 persons per day and the average expense is CNY 16.0/day. As a result, the annual gross income is CNY 146,000. With deduction of the total annual expenditure of water and electricity bills at CNY 6,000 (equivalent to CNY 500/month), employees’ salary at CNY 9,600 (one employee), various business taxes and other costs at CNY 10,000 and investment at CNY 40,000, it is expected that the annual net income is CNY 70,800 (CNY 5,900 per month equivalent).
144. For the “food catering service” (regular fast food and rice noodle house) employment option, the total initial investment is CNY 30,000, of which CNY 20,000 is used for annual space rental cost (if shop owner, the rental cost will be the investment cost), CNY 6,000 for purchase of equipments, and CNY 4,000 for circulating fund. The estimated number of customers is 80 persons and the average expense of the business is CNY 7.0 per day. As a result, the total annual gross income is CNY 102,200. With deduction of the annual total expenditure at CNY 30,000 , CNY 9,600 as water and electricity charge (CNY 800 per month equivalent), CNY 10,000 as various business taxes and other costs (CNY 840 per month equivalent), the annual
54 net income will be CNY 52,600 (CNY 4,400 per month equivalent).
145. For the “motorcycle transportation service” option, the total initial investment required is CNY 12,000, of which CNY 9,000 is used for the purchase of motorcycle and CNY 3,000 for the cost of the business charge. The estimated passengers are 60 persons everyday. The transportation price is set at CNY 3.00 per person. The total annual gross income will be CNY 65,700. With the deduction of total annual expenditure at CNY 13,900 including CNY 3,000 as annual management charge, CNY 10,000 as gasoline consumed, and CNY 900 as depreciation of vehicle, the annual net income will be CNY 51,800 (CNY 4,310 per month equivalent).
146. For “retail clothing shop” (middle level) option, the total initial investment is CNY 24,000, including CNY 16,000 as annual space rental cost, CNY 8,000 as purchase of clothing. It is estimated that 20 clothes will be sold everyday. The average gross profit is CNY 40. As a result, the annual gross income is CNY 84,000. With deduction of total investment and other expenditures at CNY 24,000, and various business taxes and other costs at CNY 6,000, the annual net income is expected at CNY 54,000 (CNY 4,500 per month equivalent).
147. For “taxi driver” option, the expected annual income is CNY 40,000 (CNY 3,330 per month equivalent as salary). In addition to the income of CNY 30,000 per year from other family members, the annual net income will be CNY 70,000 at lowest.
148. For those who will choose to be employed in the nearby factories, commercial and retail enterprises, supermarkets, and domestic house keeping and hotels through free technical training provided by FMG or relevant institutions, their monthly income is expected to reach CNY 1,000 to CNY 2,000. If the technical requirement for the job is higher, their monthly income could reach to CNY 1,600 to CNY 3,000, and estimated annual income per capita will be CNY 19,200 to CNY 36,000. In comparison with their previous annual income at CNY 6,000 per capita, their income after land acquisition is much higher.
149. For those who choose to be engaged in sales of tourism products and tourism service in the tourism development zone, their personal investment ranges from CNY 10,000 to CNY 50,000. If the APs engage in regular sales of tourism products or tourism service, the investment is relatively less. However, due to the large floating population in tourism areas, the profits could be more substantial. If the APs engage in high-class tourism products and services, the invest will be relatively large, but the revenue will also be significant, with bigger risks of course. For the initial stage of the business, the government should guide the APs to be conduct investment analysis to reduce risks.
150. For those who choose to be engaged in sales of tourism products and tourism service in the tourism development zone, their personal investment ranges from CNY 10,000 to CNY 60,000. If the APs engage in regular sales of tourism products or tourism service, the investment is relatively less. However, due to the large floating population in tourism areas, the profits could be more substantial. If the APs engage in high-class tourism products and services, the invest will be relatively large, but the revenue will also be significant, with bigger risks of course. For the initial stage of the business, the government should guide the APs to be conduct investment analysis to reduce risks.
151. For the above tertiary industry development as livelihood rehabilitation measures, the APs could use the compensation of resettlement subsidy and standing crops as initial investment. As each household could get average compensation of
55 CNY 54,890 for land loss families, it is adequate for them to invest in their new businesses.
152. In order to restore their livelihoods and income of the APs, CMG will work with relevant departments, owners of enterprises, Labor and Social Security Bureau, and district government to make the necessary arrangements to ensure that those affected people who could find the jobs listed in Table 8-2, or assist the APs to engage in the tertiary industries as presented in Table 8-4.
Table 8-4: Engagement of the APs in Tertiary Industries No. of AHs (APs) to Initial Investment Expected Net Income Type of Business Be Engaged (CNY) (CNY/Year) Grocery Store 18 (118) 30,000 70,800 Food catering service 23 (139) 30,000 52,600 Motorcycle transportation service 25 (200） 12,000 51,800 Clothing shop 6 (42) 24,000 54,000 Taxi driver 15 (98) 40,000 70,000 Hotel service 19 (129） 40,000 84,000 Repair and maintenance 5 (40) 6,000 48,000 Sales of Tourism products and 8 (109) 10,000—50,000 40,000—120,000 relevant sector
TOTAL 182 (748) 24,000－100,000 100,000－200,000
153. For the people who will lose their land temporarily, cash compensation will be paid to the contractors. The land will be restored to original condition and keep the same quality as before by the contractors. The Project construction will generate 1,500 person-years short-term employment opportunities. The APs will be given priority to be employed during the 36 months project construction with income earnings at CNY 1,000 per month. In comparison with the income loss due to temporary land occupation at CNY 6,562 per year per person, thus we could see that the APs will gain CNY 5,438 per person per year during the Project construction period. It is expected that the temporary income loss can be sufficiently offset by the income earnings from the employment generation.
8.2.2 Employment Opportunities Generated by the Project
154. With the implementation of the Fangchenggang City Urban Road Network Component and Related Municipal Infrastructure Component, will speed up the urban infrastructure construction and is conducive to the development of tourism industry in Fangchenggang City. The Project could also stimulate the flow of people and goods, and promote the local economic development. In addition, Fangchenggang has been chosen for the mega iron and steel plant with an annual capacity of 10 million tons for the near-term, 20 million tons for the medium-term and 30 million tons for the long-term. The mega plant, together with the planned large-scale upstream and downstream industries and the expansion of the port and regional cooperation will create tremendous employment opportunities. The employment priority will be given to the affected labor force. Table 8-5 provides the annual job opportunities and estimated salary of the potential job positions in next five years. The FMG will coordinate with relevant departments, including the owners of the job positions, labor and social security bureau and district government to arrange the APs to be employed for these job positions. For the 547 persons in labor force to be affected, the APs will get employment before or immediately after they lose their land. The government will assign the quotas to the owners of the job positions to ensure
56 that the APs will be able to secure such jobs. In comparison with their income from agricultural farming at CNY 6,000 per capita per year, the income of the APs from the jobs available in Table 8-5 will be much higher than before land acquisition. Ethnic Minority households will also be given preference in jobs in construction and maintenance activities of the Project.
Table 8-5: Annual Job Opportunities Created by the Project and Urban Development in Fangchenggang City Average Annual Job Monthly Income Annual Income Type of Job Remark Opportunities Earning (CNY) Earning (CNY) (No.) Construction Mainly for the house and indoor 6,000 1,500―4,000 18,000―36,000 construction and road decoration construction Temporary Job opportunities during the workers Project construction phase during the 9,000 1,200―1,500 14,400―18,000 include security guard on site, Project porters, construction workers, construction etc. Mainly shops within the city or along the street, real estate Sales person 600 1,500―2,000 18,000―24,000 sales person, and shopping plaza sales persons Passenger transport and cargo Transportation 400 2,500―3,000 30,000―36,000 transport in Fangchenggang City, and taxi drivers. Food and catering service, hotel, Service 1,500 1,000－1,500 10,800－18,600 and domestic house keeping Secretaries of corporate and Office staffs 550 1,000－2,000 12,000－24,000 enterprises Other Beauty and hairdressing salon, commercial 4,000 1,500－3,000 18,000－36,000 clothes, grocery, maintenance, business etc. Total 22,050
8.2.3 Social Insurance
155. In addition to the above proposed income rehabilitation measures, Fangchenggang 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, Fangchenggang City Government has issued “Method on Implementing Social Security System for Rural APs in Fangchenggang 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.
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
57 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.
156. The rural APs will be covered by the local medical care insurance according to the residence management principle. The rural APs whose registration has been changed to unemployed urban residents will be covered by urban residents’ basic medical care insurance. The rural APs whose registration remains the same as before will be covered by new-type cooperative medical care system. Migrant workers who are still registered as rural residents as well as urban employers who are registered as urban residents will be covered by urban residents’ basic medical care insurance. Self-employed will also be covered by urban residents’ basic medical care insurance. Furthermore, APs who live under the urban residents’ MLG or rural poverty MLG will be covered by local urban residents’ MLG scheme or rural poverty MLG scheme, respectively.
8.2.4 Project Related Income Generation Opportunities
157. During the Project construction phase, APs can seek some income generation opportunities, mainly providing services related to the Project construction, such as renting spare houses (if available) to the construction contractors as temporary office or to the construction workers as residence, operating grocery kiosks, and providing food, cigarettes and breweries to the construction teams. Also during the construction period, the PMO and IA will offer 547 person-years temporary unskilled employment job opportunities to the APs, such as excavation for pipeline and structures and soil and earth transportation.
158. During the Project operational period, the APs with suitable qualifications will be employed and receive on-the-job training. Women and the poor will be given priority to be employed by the Project. After the constructions of the resettlement site have been completed, it is planned that 70 public welfare position jobs shall be provided for the APs based on discussion with the IA: 30 landscape workers, 10 road maintenance, 10 safeguard and 20 cleaners. The ratio of employment for men and women will be 1:2. The salary will be between CNY 1,000 to CNY1,200 per month. As a result, the APs could get access to additional income generation opportunities and additional income. Therefore, the APs will benefit from the resettlement of the Project.
8.2.5 Provision of Technical Training to the APs
159. In recent years, with the rapid development of Fangchenggang City’s economy and the establishment of the Beibu-Gulf Economic Development Zone, the improvement of urban infrastructure and sectors in good advantages have experienced fast development in Fangchenggang City, in particular the accelerated development of iron and steel, metallurgy, petrochemical, energy, building material, electronic products, pharmaceuticals, ports, real estate, services and tourism industries which will generate a lot of job opportunities. The technical workers and social service labors will be in shortage.
160. In order to create a self-development environment and rehabilitate the living standard of the APs in a short time, the RO and IA will cooperate with the departments of Labor and Social Security, Finance, Education, S&T, WF to carry out the technology skill training for the relocated APs. The training of technical and management skills will be consistent with the district economic features, requirements
58 of the labor market and the enterprises to ensure that the training is practical, efficient and targeted.
161. By taking into consideration of lack of working skills for the major labor force of the affected households, especially women, the IA will ensure that at least 50% of the trainees will be females. After training of occupational skills, the APs could get jobs in the city. A total of about CNY 200 per person has been budgeted as training cost to cover the cost of training provided to the APs.
162. The training will be carried out twice a year, commenced from January 2010 and last till December 2012. The training will be implemented in association with local district government, VC, WF, and vocational education department. The training will be provided to all APs with labor force, especially the women. For each training, at least 50% of women should be included. The training includes:
(1) Public security guard, cleaning, public aesthetic landscaping, maintenance of public facilities, management of parking lot, and others; (2) Horticulture, sewing and knitting, beauty and hairdressing; (3) Maintenance and repair of motorcycle, vehicle, and electronic products; (4) Car decoration and management of cleaning and washing accessories; (5) Food, catering and hotel services, and domestic servant services; and, (6) Sales of products, small business registration and operation.
8.2.6 Rehabilitation Plan of Ground Attachments
163. The compensation of ground attachments, including infrastructures and special facilities will be based on the replacement value according to the relevant documents of compensation standards. Compensation in cash will be paid to the affected owners to reconstruct the ground attachments.
164. The units with property rights will be in charge of the rehabilitation and reconstruction. The rehabilitation measures of the ground attachments should be planned in advance. In practical operation, these measures should be suitable to local conditions to ensure safe, efficient, timely, and accurate, and try to minimize impacts on the local residents.
165. For the relocation of affected municipal infrastructures and special facilities, the relocation should be carried out according to the Project construction maps and drawings. The relocation of the affected municipal infrastructures and special facilities should be reduced as much as possible on the premise that the constructions do not affect the residents.
8.2.7 Special Concerns during Resettlement Process
8.2.7.1 Gender Issue
166. According to the Chapter of “Women and Economy” documented in Women’s Development Plan of Guangxi Zhuang Autonomous Region (2001-2010), it clearly stated that “The rights of women for work should be protected, it should be ensured that women enjoy the equal right with men on economic resources, the discrimination to women should be forbidden, women and men should have equal status for employment, and women’s labor rights should be protected”. Thus, women have equal entitlement and rights with men for employment and training in the Project.
The household surveys showed that women from AP families are generally lacking of
59 working skill other than housework skill. They are in inferior position of looking for job opportunities when competing with men. They usually work outside as seasonable labors or run a small business. Women take more responsibility for the family especially for those with female as the head of a household. The future welfare of women to be affected is important. Therefore, special attention will be paid to women’s special concerns, such as compensation payments, training programs, and other assistances, to reduce any special social risks caused by the implementation of this Project.
167. Women will be eligible, on an equal basis, for all compensation payments, training programs and other assistances to be provided. The reconstruction land and/or reconstruction house land allocated for resettlement and compensation payment should belong to both wife and husband of a household. In order to protect the properties of the APs, both the names of wives and husbands should be written on the property certificates of houses. In order to ensure this, the IA will carry out explanation and propaganda work to the community women and closely involve them in the resettlement process.
168. The IA, RO, WF, and RC/VCs have reached agreement that WF will involve in guiding consultation and public participation for income rehabilitation activities in combination with their current ongoing programs so that female APs can make sufficient earnings for a sustainable livelihood after house demolition.
8.2.7.2 Assistance to Vulnerable Households
169. Of the total affected, 20 households or 79 persons, including households enjoying five guarantees, households living under MLG, households with disabilities, and households with female-headed, are identified as vulnerable groups during the measurement and socioeconomic surveys during ADB PPTA phase. The local Civil Affair Bureau and Human Resource and Social Security Bureau will be responsible for including these households into the social safeguard program. The local Civil Affair Bureau will provide CNY 200/month·person to these vulnerable households. A minimum earning of CNY 670/month (minimum wage standard) is guaranteed if the vulnerable households could find jobs generated by the Project. The following provisions will be provided to vulnerable groups to rehabilitate their income: 1) training without charge will be provided to them to increase the knowledge and skills of the vulnerable groups; 2) provision social safeguard program; 3) provision of employment opportunities generated by the Project and provision of employment information to the vulnerable groups; and 4) provision of micro-credit to them. The IA and the local government will assist the APs to get access to micro-credit from local banks.
170. During the relocation stage, the IA and local government will provide in-kind assistance for the vulnerable groups in the following aspect:
- For the elderly or disabled, priority should be provided to them during the selection of the location of reconstruction land and/or reconstruction house land in the resettlement sites; - Provide labor and transportation assistance to the vulnerable groups without charge.
60 IX. COST ESTIMATES
9.1 Compensation and Resettlement Costs
171. The resettlement costs are included in the overall budget of the Project. The total cost of resettlement for the Project is estimated to be CNY 75.08 million, equivalent to US$ 10.99 million in 2009 prices, including 15% contingencies (physical and price). The estimated costs include compensation for collective land, residential structures, non-residential structures and auxiliaries, basic infrastructures and special facilities, other costs, land-related taxes, and contingencies. The detailed cost estimates of resettlement are presented in Table 9-1. The summary cost is presented in Table 9-2.
Table 9-1: Detailed Cost Estimates of Resettlement Unit No. Item Unit Amount Price Estimate Cost (CNY) (CNY) 1 Permanent Land Acquisition 22,407,321 1.1 State Land mu 326.40 5,500 1,795,200 1.1.1 State land mu 326.40 5,500 1,795,200 1.2 Collective Land mu 1,271.60 20,612,121 1.2.1 Wood land mu 829.97 14,000 11,619,580 1.2.2 Water pond mu 265.63 20,700 5,498,541 1.2.3 Fish pond mu 67.00 31,000 2,077,000 1.2.4 Dryland mu 109.00 13,000 1,417,000 2 Temporary Land Occupation mu 127.95 597,100 2.1 Waste land mu 64,900 4,666.67 454,300 2.2 Hilly land mu 20,400 4,666.67 142,800 3 Residential Structure and Auxiliary Demolishment 3,280,808 3.1 Residential Structure Demolishment 2,,533,150 3.1 Frame m2 1051 1,200 1,261,200 3.2 Brick m2 915 640 585,600 3.3 Simple structure m2 1,855 370 686,350 3.2 Relocation Allowance 338,568 3.2.1 Relocation allowance m2 3,821 8 30,568 3.2.2 Temporary transit allowance person 77 4,000 308,000 3.3 Auxiliary Demolishment 409,090 3.3.1 Fenced wall m 120 150 18,000 3.3.2 Toilet No. 25 2,200 55,000 3.3.3 Fruit trees No. 1,318 255 336,090 4 Basic Infrastructures and Special Facilities 300,000 4.1 Electricity poles No. 24 12,500 300,000 Basic Costs of LAR 26585229
5 Other Costs 615,027.80 5.1 RP Preparation 100,000 100,000 5.2 Administration Costs 2.1% of LAR costs 558,289.81 5.3 M&E Costs 1% of LAR costs 265,852.29 5.4 Training Costs 100,000 100,000 6 Land-Related Taxes 5,744,355.38 6.1 Land Approval Costs mu 1,271.60 30,000 38,148,000 6.2 Newly Added Construction m2 249,754.58 23 5,744,355.38 Land Use 7 Contingencies 3,987,784.35 7.1 Physical Contingencies 10% 2,658,522.9 7.2 Price Contingencies 5% 1,329,261.45
TOTAL 75,080,396.53
61
Table 9-2: Summary Resettlement Costs No. Compensation Project Estimate Cost (CNY) 1 Permanent Land Acquisition1 23,004,421.00 2 Demolishment of Structures and Auxiliaries 3,280,808.00 3 Demolishment of Infrastructure and Special Facilities 300,000.00 4 Other Cost 615,027.80 5 Land-Related Taxes 5,744,355.38 6 Contingencies 3,987,784.35 7 Total 75,080,396.53
9.2 Annual Budget
172. According to the Project schedule, the project construction will take about 27 months to complete between February 2010 and April 2013. The annual cash flow is estimated to be 40% or CNY 30.032 million in 2010, and 30% or CNY 22.524 million in 2011, 25% or CNY 18.770 million in 2012, and 5% or CNY 3.754 million in 2013, respectively. Table 9-3 provides the annual budget of resettlement cost.
Table 9-3: Annual Budget of Resettlement Cost 2010 2011 2012 2013 Total Total Budge ( CNY million ) 30.032 22.524 18.770 3.754 75.080 Proportion of Total Budget 40% 30% 25% 5% 100% (%)
9.3 Flow of Fund
173. Fund related to resettlement will be distributed through the following channels (See Table 9-4):
Table 9-4: Flow of Fund Permanent land acquisition of Fangchenggang Land → FCGDUCICL → RO → state-owned land Resources Bureau
Permanent land acquisition of collective-owned land (100% → FCGDUCICL → RO → VC land compensation)
Permanent land acquisition of collective-owned land (100% → FCGDUCICL → RO → VC → APs resettlement subsidy + standing crops)
Reconstruction land dividends → FCGDUCICL → RO → VC → APs (70% to the APs)
Reconstruction land dividends → FCGDUCICL → RO → VC (30% to the collectives)
Residential structures → FCGDUCICL → RO → RC/ VC → APs demolishment
62 Auxiliaries → FCGDUCICL → RO → RC/ VC → APs
Relocation allowance → FCGDUCICL → RO → RC/ VC → APs
Basic infrastructures and → FCGDUCICL → RO → Owners special facilities
Investigation and design cost → FCGDUCICL → Design institute
Office administration costs → FCGDUCICL → LAR implementation agencies
Training cost → FCGDUCICL → Training institutions
M&E → FCGDUCICL → IMA
63 X. LAR IMPLEMENTATION SCHEDULE
10.1 Principles
174. The resettlement schedule for land acquisition, 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.
175. In order to ensure that all aspects of the RP can be achieved, land acquisition will start at least one month before construction. The resettlement site should be constructed before old 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 structure demolishment will be established before LAR proceeds.
10.2 LAR Implementation Schedule
176. Resettlement implementation will be scheduled in stages to coincide with the overall Project schedule between February 2010 and April 2013. The land acquisition will start from January 2010 to March 2013. The construction of the reconstruction land and reconstruction house land in the resettlement sites will be implemented from January 2010 to December 2011. APs will get the allocation of reconstruction land and/or reconstruction house land in new resettlement sites from January 2010 to December 2011. It is planned that there will no commencement of civil works until all compensation is paid and all livelihood rehabilitation measures are in place. “In place” means that all arrangements are made to commence rehabilitation and APs are registered for these. It is planned that the land acquisition shall be completed before the start of Project construction.
177. However, before land acquisition and structure demolishment, a final measurement survey will be conducted in the affected community and villages. The compensation contracts will be negotiated and signed. Also, resettlement arrangements should be made before LAR proceeds. Based on the detailed measurement survey (DMS), the RP will be updated and submitted to ADB.
178. The LAR schedule has been divided into four stages:
1) Land Acquisition and Compensation Planning
- Apply for and receive “Planning Land Use Certificate”, “Construction Land Use Certificate”, and “Structure Demolition Certificate”; - Conduct detailed measurement surveys of the affected area and houses to determine the specific losses eligible for payment of compensation; - Identify poor and vulnerable APs; - Finalize compensation/resettlement strategies in consultation with the local governments, APs and their representatives; - Conduct public information/consultations on RP; - Sign contract; and,
64 - Finalize relocation area.
2) Land Acquisition and Resettlement Activities
- Provide compensation payment; - Construct reconstruction land and/or reconstruction house land in the resettlement sites, houses, infrastructure and other facilities; - Transfer APs to new location; and, - Demolish residential structures and auxiliaries.
3) Income Restoration
- Provision of employment opportunities during the Project construction and operation phases; - Assistance in the identification of employment and business opportunities for APs in the local enterprises and businesses; - Targeted training; - Promotion and development of tertiary industry; and, - Special attention paid to the vulnerable groups.
4) Monitoring
- Hire monitoring agency; - Approve TOR by the Bank; - Monitor LAR; - Monitor income restoration program; - Monitor poverty reduction program and assistance provisions to vulnerable groups; and, - Conduct external evaluation of the Project.
179. The resettlement supervision milestone is presented in Table 10-1. Based on the project schedule of civil works, the resettlement plan preparation will be continue after the PPTA stage, and the land acquisition and resettlement are planned to commence in January of 2010 and complete in March 2013. The RP planning and implementation schedule with time bound activities is shown in Figure 10-1.
Table 10-1: Resettlement Supervision Milestone No. Resettlement Tasks Target Responsible Agency Deadline Status 1. Disclosure 1.1 - Information booklet 211 AHs and IA (FCGDUCICL) and Dec 2009 Planned 835 APs RO 1.2 - Approved RP 1 community FMG, District Dec 2009 Planned and 4 village Government, and RO groups 1.3 - RP posted on ADB FMG, PMO, IA and ADB Dec 2009 Planned website 2. Approval of RP and $10.99 million FMG, District Dec 2009 Planned Budget (Recheck) Government, and RO 3. Agreements 3.1 - Compensation rates 1 community FMG, District Dec 2009 In and 4 village Government, FLRB, process groups FHDAO, RO, RC/VCs, PMO, and IA 3.1.1 - Households 835 APs PMO, IA, FLRB, Jan 2010 Planned FHDAO, RO, and –
65 No. Resettlement Tasks Target Responsible Agency Deadline Status RC/VCs Mar 2013 4. Detailed Plans 3.1 - Community rehabilitation 4 village PMO, IA, DI, and RO Jan 10 – Planned plans groups Dec 11 3.2 - Plan for vulnerable group 20 AHs or 79 PMO, IA, FMG, Jan 10 – Planned if identified APs Fangchenggang Civil Dec 11 Affairs Bureau/Fangchenggang Labor & Social Security Bureau 3.3 - Training Plans for APs All AFs PMO, IA, RO, training Jan 10 - Planned institutions Dec 2012 6. Establishment of PLG, PMO, IA, RO, Jul 09 – In Implementation Capacity FLRB, FHDAO, Others Jan 10 process 7. Monitoring & Evaluation 7.1 - Baseline survey 835 APs PMO, IA, and DI Dec 09 - Planned Jan 10 7.2 - Set-up internal As per RP PMO and IA Dec 09 – Planned supervision Feb 10 7.3 - Hiring external monitor As per RP PMO Jan 2010 Planned 7.4 - Internal monitoring Quarterly PMO, IA, and RO Jan 2010 1st reports Report 7.5 - External monitoring Semi-annual IMA Jul 10 1st reports Jan 11 Report 2nd Report 7.6 - Resettlement Completion 1 report IMA As work is Reports completed in Mar 13 7.7 - Evaluation reports 4 annual IMA Dec 10 1st Report reports Dec 11 2nd Report Dec 12 3rd Report Dec 13 4th Report 8. Documentation of Consultation IA, RO, RC/VC Ongoing 9. Documentation of Grievances IA, RO, RC/VC Ongoing 10. Flow of Funds / Compensation 10.1 - To IA 40% FMG Dec 09 Pending 10.2 - To affected RC/VC “ “ “ IA and RO Jan 10 – Mar 13 10.3 - To affected households “ “ “ IA and RO Jan 10 – Mar 13 AFs = Affected Families; FCGDUCICL = Fangchenggang City Gangkou District Urban Construction and Investment Co., Ltd.; FMG = Fangchenggang Municipal Government; FHDAO = Fangchenggang House Demolishment Administration Agency; FLRB= Fangchenggang Land Resource Bureau; DI = Design Institutes; IA = Implementation Agency; IMA= Independent Monitoring Agency; PLG= Project Leading Group; PMO = Project Management Office; and RO = Resettlement Office.
66 Figure 10-1: RP Planning and Implementation Schedule
67 XI. INSTITUTIONAL FRAMEWORK
11.1 Project Resettlement Organizational Set-up
180. The project leading group is established within the FFMG with the PMO as the secretariat communicating with the other stakeholders. As previously mentioned, FCGDUCICL is the project Implementation Agency (IA). Under the IA, there is a resettlement office, responsible for land acquisition and resettlement. The organizational structure is shown in Figure 11-1.
181. The IA will play a key role during the resettlement process. However, besides the IA, there are other related institutions who will be also involved in the resettlement activities. All these institutions and the staffing are presented in Table 11-1.
Table 11-1: Resettlement Institutions Involved and Staffing Institutions Staffing Project Leading Group 2 males & 1 female with experience, Government officers, education level above college Fangchenggang Project Management Office (PMO) 2 males & 2 females with experience, Government officer, engineering technicians, education level above college Fangchenggang Land Resource Bureau (FLRB) 2 males with experience, Government officer, education level above college Fangchenggang House Demolishment Administration Office 8 males & 3 females with experience, Government (FHDAO) officer, education level above college Gangkou District Government (GDG) 1 male & 1 female with experience, Government officer, education level above college FCGDUCICL 5 males & 2 females with experience, Engineering technicians and management staff, education level above college RO 7 males & 6 females with experience, officers and representatives of APs, education level bovver college RC / VC 5 males & 5 females with experience, community officials Legal Advisory Office 1 female lawyers DI 2 male senior engineering technicians External Monitoring Agency 1 resettlement specialist
68 Figure 11-1: Organizational Structure of LAR Implementation
Project Leading Group PMO
Gangkou District Legal Advisory Fangchenggang HDAO Fangchenggang LRB FCGDUCICL - IA DI Government Office
IMA Engineering Office Finance Department Administration Office
Resettlement Office
RC / VCs
APs
69 11.2 Responsibilities
Table 11-2: Responsibilities of Agencies Institutions Responsibilities PLG - Lead, organize, coordinate and formulate policies for the project. - Review the implementation of the RP. - Conduct internal supervision and inspection. - Make decision for major problems during land acquisition and resettlement process.
PMO - Perform the overall coordination and organize the project activities. - Coordinate the preparation and implementation of the LAR program. - Organize and coordinate the preparation of RP. - Provide assistance to women and other vulnerable groups. - Serve as a liaison between ADB and IA and various stakeholders.
FCGDUCICL - IA - Apply for Land Use Planning Certificate and Land Use Construction Certificate to LRB. - Apply for house demolition certificate. - Disburse land acquisition and resettlement fund and supervise the usage. - Direct, coordinate and supervise the implementation schedule of the RP. - Organize and implement internal supervision, determine independent external supervision agency, coordinate internal and external monitoring activities. - Report the schedule of land acquisition and resettlement, fund usage and implementation status periodically to ADB. - Provide assistance to women and other vulnerable groups. - Coordinate the handling of the conflicts and problems during the resettlement implementation. - Report the land acquisition and structure demolishment to PLG.
Resettlement - Organize the socioeconomic survey. Office - Conduct measurement surveys of land acquisition and house demolishment. - Implement the relocation. - Formulate the resettlement implementation schedule. - Sign the land acquisition and house demolishment agreement with the affected households in association with local government. - Supervise the implementation of RP. - Manage the information of land acquisition and resettlement. - Provide assistance to women and other vulnerable groups. - Train the resettlement staff. - Coordinate the handling of conflicts and problems during the RP implementation. - Settle the disputes and grievances through coordination and arbitration. - Handle the illegal action during the land acquisition and relocation process. - Report the land acquisition and house demolishment to IA.
FLRB - Implement the relevant national policies of land acquisition. - Participate in the examination of compensation standards for land acquisition and ground attachments. - Process and approve land acquisition. - Participate in measurement and socioeconomic surveys. - Participate in the preparation of Resettlement Plans.
70 Institutions Responsibilities - Issue Land Use Planning Certificate and Land Use Construction Certificate. - Issue Public Notice of Land Acquisition. - Guide, coordinate, and supervise the implementation activities of land acquisition and resettlement. - Coordinate the handling of conflicts and problems during the RP implementation.
FHDAO - Carry out and implement the regulations and policies related to house demolition. - Review the relevant documents of house demolition plan and resettlement and compensation plan, issue the house demolition certificate. - Register and manage house relocation file. - Coordinate, supervise and inspect the house demolition activities and handle conflicts during demolition. - Cooperate with the respective Resettlement Office (RO) to train and examine the resettlement officers.
Legal Advisory - Provide legal consultancy during project implementation. Office - Provide legal assistance in case there is dispute during land acquisition, structure demolishment and resettlement.
District - Assist the measurement and socioeconomic surveys. Government - Assist the preparation of resettlement plans. - Supervise VCs to implement resettlement plan and rehabilitation plan.
RC / VCs - Participate in measurement and socioeconomic surveys and formulation of the resettlement and rehabilitation plan. - Participate in the preparation of the RP. - Organize the public consultation; and publicize policies of land acquisition and resettlement. - Consult the compensation payment and distribution. - Organize the production and income restoration activities in resident communities and villages. - Organization the development of secondary and tertiary industries. - Report comments and suggestions of APs to the organizations at upper level. - Provide assistance to women and other vulnerable groups.
DI - Minimize the project impacts through optimizing engineering design. - Identify the scope of land acquisition and resettlement impacts. - Conduct measurement survey and socioeconomic surveys. - Assist to prepare the Resettlement Plan. - Provide technical consulting of data collection and processing to the respective municipal PMO and IA.
Independent - Provide technical consulting of land acquisition and resettlement. Monitoring Agency - Act as an IMA, provide periodic monitoring for the implementation (IMA) of the resettlement plan, and provide independent evaluation report to the municipal PMO, IA, RO, and ADB.
71 11.3 Institutional Capacity Strengthening
11.3.1 Assessment of Institutional Capacity
11.3.1.1 Logistics and Hardware
182. Currently there is a resettlement office under FCGDUCICL, which is equipped with a few computers. The RO has facilitated with office facilities, transportation vehicles and communication facilities, mainly including air-conditioner, chairs and tables, computer, printer, telephone set, fax machine, vehicle and some other office necessities. The expenditure of the RP will be included in the office expenses. The relevant expenditures for hardware facilities for the RO are budgeted at CNY 50,000.
11.3.1.2 Financing
183. It is foreseen that IA can conduct the resettlement tasks more efficiently after the project FSR has been approved and budget has been allocated. During the PPTA stage, all budget spent were pre-paid by IA as well as EA. The lack of financing resources during project preparation stage has definitely hindered the institutional set-up and the preparation progress (including FSR and RP preparation) irrespective of the staff’s capabilities. The RP has considered this issue and adequate management fund for RP implementation has been budgeted in the resettlement budget.
11.3.1.3 Staff Capabilities
184. During the PPTA stage, the Consultants found that many government officials have rich experiences in dealing with land acquisition and resettlement issues. However, almost nobody has resettlement experience of working in ADB financed projects, and none of them has attended training on ADB involuntary resettlement policies before the Project. Therefore, a systematic training on Involuntary Resettlement will be necessary.
11.3.2 Institutional Capacity Building and Training
185. The ADB will provide support to train staff on resettlement procedures. A part of the ADB loan for implementation will be provided for institutional capacity building through specific training courses and on the job training with the appointed IMA. The training includes the principals and policies of resettlement, construction planning management, planning and design, management on LAR implementation processes, financial management, quality control, supervision and estimation and project management.
186. In order to promote the capability and working efficiency of resettlement staff, training will be provided to them. Based on the real situation, the requirements are as follows:
- Training venue will be selected outside of Fangchenggang City, preferably those cities which have ADB projects with successful resettlement experiences so that trainees can learn their experiences from investigations or study tours.
- Trainees should be those who will be seconded to the Project to
72 undertake resettlement tasks, and those resettlement officials who participated in the RP discussions with PPTA Resettlement Consultant must participate.
- Training is planned between January 2010 and December, 2012.
73 XII. MONITORING, EVALUATION AND REPORTING
187. The PMO and IA will regularly monitor and evaluate the implementation of land acquisition and resettlement activities in order to ensure resettlement work is implemented successfully in accordance with the RP, and to achieve the target of appropriate livelihood restoration for APs. The monitoring will comprise two components: internal monitoring and external monitoring. Internal monitoring will be mainly conducted by IA and RO and will be overseen by the project leading group and PMO to ensure that organizations involved in implementation of land acquisition and resettlement work comply with the principles and schedules of the Resettlement Plan (RP).
188. The aim of internal monitoring is to encourage the concerned organizations to carry out good performance while the external monitoring and evaluation will be conducted by an independent agency periodically on the activities of land acquisition, demolition and resettlement.
189. The scope of monitoring on resettlement will cover data collection, analysis, and the reporting of progress for an internal monitoring while the external monitor will check progress but their main role is to evaluate quality and results of resettlement.
190. Resettlement monitoring will focus on the following two aspects:
- Progress of disbursement and provision of entitlements to APs. - Comparison of APs and RC / VCs pre and post resettlement socioeconomic situation, particularly livelihood restoration. Background socioeconomic data collected during the inventory and census surveys will be used in this assessment.
12.1 Internal Monitoring
191. Internal monitoring will be undertaken by the PMO, Fangchenggang Land Resource Bureau, Fangchenggang House Demolishment Administration Office, and IA and RO, to assure the concerned departments to comply with the RP. Internal monitoring and evaluation aims to ensure good performance during the resettlement process.
192. The executive agency will take major responsibility of internal monitoring, covering the activities of affected people, entitlement, advice, grievance, problems, efficiency, timing, budget, etc.
- Disbursement of entitlements to AP: compensation, reconstruction land, reconstruction house land, employment, and necessary assistance as specified in the RP.
- Social adaptability and cohesion: impacts with a gender perspective on APs and vulnerable groups, public participation, non-government’s role, AP’s attitudes and opinions after resettlement, number of complaints and appeal procedures, implementation of preferential policies and income restoration measures, and improvements in women’s status.
- Timing of land acquisition, structure demolition, reconstruction land, reconstruction house land, livelihood and income restoration: disbursement of compensation, and construction and allocation of reconstruction land,
74 reconstruction house land, and updating of resettlement schedule and resettlement budget where required.
- Rehabilitation of community facilities and services: Timely rehabilitation of community facilities and services and ensuring that mitigation measures to minimize impacts are implemented.
- Public participation and consultation: Involvement of AP in resettlement implementation as per the public consultation plan outlined in the RP. Review of grievance register and responses to complaints.
- Assistance to vulnerable groups.
193. It is anticipated that internal monitoring reports will be brief documents reporting on progress to date and identification of issues, how issues were resolved, consultations undertaken, and revisions of the resettlement schedule and disbursement of budget where required.
12.2 External Monitoring and Evaluation
194. Required by ADB, the PMO will appoint an independent monitoring agency (IMA) to carry out the external monitoring and evaluation on resettlement. The independent agency should have good reputation and successful experience and fully understand ADB’s policy and requirements on resettlement. The PMO will sign a contract with this agency. The terms of reference (TOR) for the independent evaluator are listed in Appendix 2.
12.2.1 Objectives and Requirements of M&E
Objectives 195. The objectives of monitoring and evaluation are to assess if the land acquisition and resettlement is implemented in accordance with the RP and if the goals and principles of the RP are achieved. Specifically, monitoring and evaluation will focus on the following aspects of the APs’ situation and the resettlement process.
z Economic situation prior to and after displacement of land or structures; z Timely disbursement of funds; z Environmental conditions; z Social adaptability after resettlement; z Rehabilitation of the vulnerable groups if identified during implementation process; z Measures taken to restore affected production and livelihoods of the APs and enterprises; and, z Living conditions and economic status of APs following resettlement in comparison to the non-affected household in the Project area.
196. Monitoring and evaluation will include the establishment of socioeconomic baselines of the APs prior to land acquisition or physical relocation, and the regular monitoring of their relocation or adjustment during Project implementation, and evaluation of their situation for a period of one or two years afterwards. Qualitative and quantitative methods will be used to evaluate the standard of living of the APs. Investigation will include interviews with IA, local officials, community leaders and village leaders, and survey of 20-25% of affected households. Focus group discussions can be conducted to address issues related to women, poor, and other vulnerable groups.
75
Monitoring Indicators 197. The following indicators will be monitored and evaluated in accordance with principles, entitlements and rehabilitation strategies/plans set out in the RP:
z Disbursement of entitlements to affected households: compensation, land, structures, employment, and necessary assistances as specified in the RP. z Development of economic productivity: job opportunities available to APs, number of APs employed or unemployed. z Restoration of basic infrastructures and special facilities: all necessary basic infrastructures and special facilities should be restored at the resettlement sites at least up to a standard equal to the standard at the original location; the compensation for all infrastructures and special facilities should be sufficient to reconstruct it to the same quality. z Level of AP’s satisfaction: level of APs’ satisfaction with various aspects of the resettlement program; the operation of the mechanisms for grievance redress will be reviewed and the speed and results of grievance redressal measures will be monitored. z Standard of living: Throughout the implementation process, the trends in standards of living will be observed and the potential problems in the way of restoration of standards of living will be identified and reported. The Consultant will carry out a comprehensive socioeconomic survey after the completion of resettlement implementation to document the standards of living and the conditions of the APs after resettlement. The survey will be conducted annually for two years, or until most affected households have fully restored their living standards and income generation. z Social adaptability and cohesion: impacts on children, the elderly and other vulnerable groups, public participation, APs’ attitudes and reaction to post resettlement situation, number of complaints and appeal procedures and resolution, implementation of preferential policies, income restoration measures, and improvements in women’s status.
Special Considerations 198. Special attention/provisions specified in the RP will be paid to women, the poor and vulnerable groups during monitoring; these include:
z The status and function of women: Closely monitor any change in women’s status, function and situations. At least 40 % of APs surveyed will be women. The monitoring and evaluating unit will also provide recommendations and assistance to the PMO and IA in respect of women’s issues. z Care and attention to vulnerable groups: Closely monitor living conditions of the poor, elders, the disabled, and other vulnerable groups after resettlement, to ensure that no hardship is experienced. z Monitoring and evaluation will provide information on utilization and adequacy of resettlement funds. The Fangchenggang Audit Bureau will audit resettlement accounts and funds. The details of this audit will be made available to the IMA.
12.2.2 Methodology
199. The methodology of external monitoring and evaluation are listed as follows:
- Independent agency will conduct baseline survey on the affected area and acquire the baseline data of APs. The investigation about production and AP’s living conditions will be made every year to measure the change.
76 Sample trace investigation of affected households will be adopted. Irregular interview or site visits will be made to acquire sufficient data for evaluation.
- Conduct group discussion and consultation with various groups of people from government, non-government, community and affected people.
- Interview with key persons such as community leaders and village leaders regarding resettlement implementation.
- Community public meetings to collect various information on resettlement.
- Make direct observation regarding progress of demolition and replacement and visit the individuals or groups.
- Informal investigation or interview by non-sampling means such as with the affected people and staff engaged with resettlement.
12.2.3 Major Tasks
200. The IMA will monitor and evaluate the resettlement relative with the project and consolidate their findings and assessment into a report to ADB, EA, IA and other concerned departments. These reports can be helpful in the policy-making by concerned department. The affected people and non-government organizations and communities will participate in the evaluation activities.
201. External monitoring and evaluation will cover the quality assessment on following the aspects:
- Adequacy of compensation and timelines of payment;
- Structure demolition and resettlement of APs;
- Situation of production and living environment pre and post resettlement; bear in mind with a gender perspective;
- Livelihood restoration of APs;
- Operation and efficiency of the resettlement institutions.
12.3 Reporting Requirements
202. Internal monitoring reports will be submitted quarterly by project IA to the PMO and PMO will submit it in the progress report to ADB. The external M&E reports will be submitted directly to PMO and ADB simultaneously every six months by the IMA. The external evaluation reports will be continued once every six months until the completion of the resettlement, and then the annual evaluation reports will also be prepared by the external monitor once every 12 months until Project completion. Finally, after project completion, the PMO and IA will prepare a resettlement completion report and submit to ADB.
77 APPENDIX 1: Resettlement Information Booklet
1. Introduction
203. The Fangchenggang Urban Road Network and Related Municipal Infrastructures Component is composed of 27.61 km of urban roads, Anfujiang Bridge with a length of 205 m and related municipal infrastructures, including traffic lights, drainage, sewerage pipeline and landscaping. The Project owner is Fangchenggang City Gangkou District Urban Construction and Investment Co. Ltd. (FCGDUCICL).
2. Impacts of Land Acquisition and Resettlement
204. The Project will mainly involve land acquisition and structure demolishment in Hongxin Community, Huangwu Village, Wuwu Village, Shatian Village, and Xuwu Village, Yuzhouping Street Administration Office, Gangkou District of Fangchenggang City. A total of 1,531 mu of rural collective land will be acquired permanently, including 109 mu (7.12%) farmland. In addition, 326 mu of state-owned land will also be acquired. The permanent land acquisition will affect 182 households or 748 persons. Temporary land occupation will use 128 mu of rural collective land and state land with 28 households or 91 APs to be affected. A total of 3,821 m2 of residential houses will be demolished, relocating 20 households or 77 persons. Associated auxiliaries, basic infrastructures and special facilities will also be affected, such as fenced walls, fruit trees, and toilets. The total numbers of the affected households and populations is 211 households and 842 persons, including 2 urban households or 7 urban population, 209 rural households or 835 rural residents. Of the total affected households and populations, 20 households or 79 persons are vulnerable group in the Project area, including 3 households or 12 persons under “five guarantees”, 9 households or 36 persons under minimum living guarantee (MLG), 3 households or 12 persons are disabled families, and 5 households or 19 persons are women-headed. Table 1 provides the summary of the land acquisition and resettlement impacts identified, Table 2 provides the impacts of permanent land acquisition, Table 3 temporary land occupation, Table 4 demolishment of residential structures and associated auxiliaries, Table 5 affected basic infrastructures and special facilities, Table 6 summary of affected households and populations, and Table 7 affected vulnerable groups.
78 Table 1: Summary Land Acquisition and Resettlement Impacts Temporary Land Residential Structure Total AHs and APs by LA & Administrative Jurisdiction Permanent Land Acquisition Occupation Demolishment Demolishment Street Admin. Resident / Village Total Area State Land Collective AHs APs Total Area AHs APs Total Area AHs APs AHs (no.) APs (no.) District Office Committee (mu) (mu) Land (mu) (no.) (no.) (mu) (no.) (no.) (m2) (no.) (no.) Total Urban Rural Total Urban Rural Hongxin 326.00 326.00 0.00 0 1 0 1 9.75 1 4 80.00 1 3 2 2 0 7 7 0 Huangwu 21.00 0.00 21.00 5 17 2.70 2 6 0.00 0 0 7 0 7 23 0 23 Gangkou Yuzhouping Wuwu 367.00 0.00 367.00 58 2 162 2 31.05 6 19 926.00 6 21 64 0 64 181 0 181 Shatian 795.00 0.00 795.00 38 2 157 2 49.50 9 29 1,054.00 8 35 47 0 47 186 0 186 Xuwu 348.00 0.00 348.00 81 2 412 2 34.95 10 33 1,761.00 5 18 91 0 91 445 0 445 TOTAL 1,857.00 326.00 1,531.00 182 748 127.95 28 91 3,821.00 20 77 211 2 209 842 7 835 Note: 1 The land was acquired in 1990 and become state-owned land, thus no household and AP will be affected. 2 AHs and APs are affected by permanent land acquisition will also be affected by residential house demolishment.
79 Table 2: Impacts of Permanent Land Acquisition Total Area Permanent Land Acquisiton (mu) Affected Community / APs of HHs Collective-owned Land Village Group (No.) Permanent State-owned (No.) Wood Water Fish Dry- Land LA (mu) Land Pond Pond land Hongxin1 Community, 326 326 Yuzhouping Street Admin. Office Huangwu Group 5 17 21 0 6 15 0 Wuwu Group 58 162 367 300 20 25 21 0 Shatian Group 38 157 795 685 40 15 54 0 Xuwu Group 81 412 348 300 10 21 17 0 Total 182 748 1,857 1,285 70 70 109 326 Note: 1The land was acquired in 1990, and the land is state-owned land now.
Table 3: Impacts of Temporary Land Occupation Types of Land (mu) Administrative Jurisdiction AHs APs Waste Land Hilly Land Total Hongxin Community, Yuzhouping Street Office 1 4 9.6 0 9.6 Huangwu Group 2 6 2.7 0 2.7 Wuwu Group 6 19 23.4 7.7 31.1 Shatian Group 9 29 30.0 19.5 49.5 Xuwu Group 10 33 31.5 3.5 35.0 Total 28 91 97.4 30.6 128.0
Table 4: Demolishment of Residential Structures and Associated Auxiliaries Residential Structure (m2) Auxiliaries Administrative AHs APs Fenced Toilet Fruit Tree Jurisdiction Frame Brick Simple Total Wall (m) (no.) (no.) Hongxin Community, 1 3 0 0 80 80 0 0 15 Yuzhouping Street Office Huangwu Group 0 0 0 0 0 0 0 0 0 Wuwu Group 6 21 205 323 398 926 0 7 51 Shatian Group 8 35 343 231 480 1054 20 10 1,225 Xuwu Group 5 18 503 361 897 1761 100 8 27 Total 20 77 1,051 915 1,855 3,821 120 25 1,318
Table 5: Affected Basic Infrastructures and Special Facilities No. Administrative Jurisdiction Item Unit Quantity 1 Huangwu Group Electricity Poles No. 3 2 Wuwu Group Electricity Poles No. 4 3 Shatian Group Electricity Poles No. 10 4 Xuwu Group Electricity Poles No. 7
80 Table 6: Summary of Affected Households and Populations (unit: no.) Permanent Land Temporary Land Residential Structure Total No. of AHs and Administrative Jurisdiction Acquisition Occupation Demolishment APs Community/ AHs APs Ahs APs APs City District APs (no.) Ahs (no.) AHs (no.) Village Group (no.) (no.) (no.) (no.) (no.) Hongxin 0 0 1 4 1 3 2 7 Huangwu 5 17 2 6 0 0 7 23 Fangchenggang Gangkou Wuwu 58 162 6 19 6 21 64 181 Shatian 38 157 9 29 8 35 47 186 Xuwu 81 412 10 33 5 18 91 445 Total 182 748 28 91 20 77 211 842
Table 7: Type and Quantity of Affected Vulnerable Groups Huangwu Shatian Wuwu Village Xuwu Village Hongxin Community Village Village Vulnerable Groups Type Group Group Group Group AHs APs AHs APs AHs APs AHs APs AHs APs “Five Guarantees” Family 1 2 9 1 3 Household Living Under the Minimum Living Security Line 2 3 13 3 11 1 5 2 7 Families with Disabled 1 3 1 5 1 4 Female-headed Households 3 1 4 3 12 1 3 Total 4 16 3 13 7 28 2 9 4 13 Note: 1 Families Given/With/Receiving/Enjoying Five Assurances/promises; and, 2 Households living under MLG are classified as the poor households.
81
3. Appeals and Grievance Procedures
205. APs can propose any complaint related to resettlement issues and compensation. The Project has established a transparent grievance channel in addition to the existing grievance channels of local government. The basic grievance procedures include the following steps.
Stage 1: 206. If any AP is aggrieved by any aspect of the land acquisition and resettlement, he/she can state his/her grievance and appeal to the resident committee / village committee or in oral or in written form. If an oral appeal is made, the village will record it on paper and process it. Resident committee / village committee will make decision on or resolve it in two weeks. The AP will be informed of the result via written notice.
Stage 2: 207. If the aggrieved AP is not satisfied with the decision in Stage 1, he/she can appeal to the district government office after receiving the decision; the district government office will reach a decision in two weeks. The AP will be informed of the result via written notice.
Stage 3: 208. If the aggrieved AP is still not satisfied with the decision of the district government office, he/she will appeal to the Fangchenggang Project Management Office (FPMO) or Fangchenggang Land Resource Bureau (FLRB) or Fangchenggang House Demolishment Administration Office (FHDAO) after receiving the decision. The Fangchenggang City PMO or FLRB or FHDAO will reach a decision in two weeks. The AP will be informed of the result via written notice.
Stage 4: 209. If the aggrieved AP is still unsatisfied with the decision of the FPMO or FLRB or FHDAO, he/she will appeal to the GZAR LRB or HDAO after receiving the decision. The GZAR LRB or HDAO will reach a decision in two weeks. The AP will be informed of the result via written notice.
Stage 5: 210. If the AP is still dissatisfied with the decision of the GZAR LRB or HDAO, he/she will appeal to the civil division of a people’s court according to the civil procedural law after receiving the decision from GZAR LRB or HDAO. The AP will be informed of the result via written notice. . 211. The resettlers can appeal on any aspect related with land acquisition and resettlement, including compensation criteria and payment, etc.
212. The resettlers can appeal on any aspect related with land acquisition and resettlement, including compensation criteria and payment, etc.
4. Legal Framework and Policies
213. The primary objective of the land acquisition and resettlement (LAR) program is to ensure that the APs will improve their standards of living, or at least will not be made worse off because of the Project. The land acquisition, demolition and resettlement of this project will be complying with the laws and regulations of PRC, local government and ADB:
82 ¾ Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004; ¾ Land Administration Law of the PRC, amended in 2004; ¾ Implementation Regulation for Land Administration Law of PRC; December 1998; ¾ Notification on Adjusting Newly Added Construction Land Use Fee Collection issued by Ministry of Finance and Ministry of Land Resources [Cai Zong [2002] 93]; ¾ Temporary Regulations on Farmland Acquisition Tax of PRC, 2008; ¾ GZAR “Land Administration Law”, 2001; ¾ Management Law of Urban Real Estate of PRC, 1994; ¾ Guidelines for Valuation on Urban House Demolishment of PRC; 2004; ¾ Urban Housing Demolition Management Regulations of the PRC issued in 2001; ¾ Guangxi Zhuang Autonomous Region Guidelines for Implementation of the Urban House Demolition Management Regulation of the PRC, 2003; ¾ Decree 15 of Guangxi Zhuang Autonomous Region People’s Government: Implementation Methods for Regulations on Village and Town Planning and Construction in Guangxi Zhuang Autonomous Region; ¾ Notification on Announcement for Average Production Value for Land Acquired and Demolishment Compensation Standards for the Construction Land Use of GZAR Basic Infrastructures and Important Projects [Guifagaifagui (2009) 52]; ¾ Implementation Methods of GZAR farmland occupation tax [Guizhengfa (1987) 88 Hao 59]; ¾ Notice of Compensation and Resettlement Method for Land Acquisition and Resettlement of Qisha Coastal Line Industrial Park Construction in Fangchenggang City, 2008; ¾ ADB’s Involuntary Resettlement Policy, 1995; ¾ Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; ¾ Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; and, ¾ OM Section F2 — Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila, 2006.
4.1 Eligibility and Principles of Compensation
214. The Project affected persons (APs) who are entitled to receive compensation refer to the persons affected by the involuntary taking of land resulting in (i) relocation or loss of shelter; (ii) lost of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location. All landowners and users and occupants of structures in the Project areas affected by land acquisition and relocation as a consequence of the Project will be eligible for fair compensation and rehabilitation according to the types of losses and quantities as well as the cut-off date determined by Fangchenggang Municipal Government. The cut-off date for the compensation will be announced to all APs immediately afterward, within the completion date of the construction map and investigation; any newly cultivated land, or planting of crops or trees, or structures built after the cut-off date determined by the local government will not be compensated.
215. The principle of the compensation and entitlements established for the Project are as follows: (i) Compensation and entitlements provided must be adequate to allow APs to at least maintain their pre project standard of living, with the prospect of improvement; (ii) All the APs, with and without certificates, are to be taken into
83 consideration and accounted for; (iii) Compensation should not be paid to those people who occupy land or construct structures and auxiliaries in the Project area after cut-off date determined by the local government; (iv) Adequate compensation should be provided to the APs timely; (v) A preferential policy will be provided to vulnerable groups in such things as compensation, reconstruction land and/or reconstruction house land assignment, transfer and employment; (vi) All the APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans and project timing; and (vii) Close monitoring and timely actions will be carried out to identify and resolve any problems.
4.2 Compensation Standards and Entitlements
216. Compensation for land acquisition and residential structure demolishment, all APs will be compensated before the cut-off date determined by FMG. Illegal land-use, construction of temporary structures will not be compensated after the notification of cut-off date. Relocation allowance in cash will be provided to the APs. Compensation for the land loss, structures, auxiliaries and other assets, basic infrastructures and facilities will also be paid directly to the affected owners. The compensation will be made in the forms of “cash” or “cash plus reconstruction land” for land compensation for the permanent loss of land, and “cash plus reconstruction house land” for structure compensation. The relocated households will get relocation allowance and temporary transit allowance. The compensation will be in cash. Table 8 presents the eligibility, compensation rates and entitlements.
84 Table 8: Eligibility, Compensation Rates and Entitlements Type of Agency Level of Impact Entitled Persons Compensation Policy & Standards Losses Responsible Permanent State-Owned Land: Fangchenggang Land Resources Bureau Compensation rate is CNY 5,500/mu for the state PMO, land 326 mu of state-owned land of Hongxin –owned land. FCGDUCICL,, acquisition Community will be acquired permanently. FLRB, and (182 rural RO households Collective-Owned land: “Cash” or “cash plus reconstruction land” will be Compensation rates are CNY 14,000/mu for wood and 748 rural 1,531 mu collective-owned land will be provided to all APs affected by permanent land land, CNY 20,700/mu for water pond, CNY populations) acquired permanently for the Project, acquisition, and the reconstruction land will be 31,000/mu for fish pond, and CNY 13,000/mu for including 21 mu in Huangwu Group (15 mu constructed in a centralized way. dryland. The compensation rates include the land dryland, and 6 mu fish pond); 367 mu in compensation, resettlement subsidy, and standing Wuwu Group (21 mu dryland, 300 mu wood Land compensation, resettlement subsidy and standing crops. land, 20 mu water pond, and 25 mu fish crops for the rural collective land acquisition will be pond); 795 mu in Shatian Group (54 mu paid to the affected households directly. The The standard for the allocation of reconstruction dryland, 685 mu wood land, 40 mu water reconstruction land for tertiary industry development land is 0.1 mu/capita for the land classified as pond, 15 mu fish pond); 348 mu in Xuwu will be allocated to the affected village group. The commercial land use. Group (17 mu dryland, 300 mu wood land, reconstruction land will be managed by the village 10 mu water pond, and 21 mu fish pond). collective for the development of profit making. The village collective will retain 30% of the land compensation payment to be used as supplementary financing source 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. Temporary A total of 128 mu and rural collective land Cash compensation will be paid to the contractors for Compensation standards: CNY 4,666.67/mu for PMO, Land will be occupied, including 12.3 mu waste the loss of land temporarily. waste land; and CNY 4,666.67/mu for hilly land. FCGDUCICL,, Occupation land in Huangwu Group; 31.3 mu in Wuwu FLRB, and (28 AHs or 91 Group (23.4 mu waste land and 7.7 mu hilly After temporary land use, the land will be restored RO APs) land); 49.5 mu in Shatian Group (30 mu by the APs to original condition and keep the waste land and 19.5 mu hilly land); and 35 same quality. mu in Xuwu Group (31.5 mu waste land, and 3.5 mu hilly land)
85 Type of Agency Level of Impact Entitled Persons Compensation Policy & Standards Losses Responsible Residential A total of 3,821 m2 residential structures will Households All affected APs will be provided with Compensation for the affected structures at full PMO, structures and be demolished, including 1,051 m2 frame, (20 “cash plus reconstruction house land”. replacement costs of materials and labors with no FCGDUCICL,, auxiliaries (20 915 m2 brick, and 1,855 m2 simple households The reconstruction house land will be deduction for depreciation or salvageable RO, FLRB, households or structures. with structure constructed in a centralized way, or the materials. FHDAO, 77 persons, certificates) APs purchase the houses in other Gangkou including 1 communities of the city. The standard for the allocation of the District urban reconstruction house land is 25 m2/capita. For the Government, household and All APs will be compensated before the household has less than 3 family members, they and RC/VCs 3 urban cut-off date determined by FMG. The can get 80 m2 after approval and should pay CNY populations, cut-off date will be determined by FMG 500/m2 as land development cost for the area and 19 rural in collaboration with relevant exceeding the 25 m2/capita. households organizations involved, including PMO, and 74 urban IA, FLRB, FHDAO, and district The arrangement of reconstruction house land will populations) government. Illegal land-use, follow the urban planning, and the resettlement construction of temporary structures sites will be planned and constructed to will not be compensated after the resettlement the relocated families. The new notification of cut-off date. FMG, IA, resettlement sites will be planned, designed, FLRB and FHDAO could take constructed, managed, and selected in a photos/video of the places on the centralized way. FMG will be responsible for land cut-off date to prevent further influx leveling, foundation, and water and electricity beyond the cut-off date. FMG will connecting to the households. After all these have publicize the cut-off date on newspaper been done, the compensation standards for of “Fangchenggang Dairy” and structures ONLY are: CNY 1,200/m2 for frame, community / village bulletin board once CNY 640/m2 for brick, and CNY 370/m2 for simple the date is decided. structure.
Relocation allowance and temporary Relocation allowance will be paid to the AHs in transit allowance in cash will be cash at CNY 8/m2 and CNY 4,000/capita for provided to the APs temporary transit allowance.
86 Type of Agency Level of Impact Entitled Persons Compensation Policy & Standards Losses Responsible Auxiliaries 120 m fenced wall, 25 tombs and 1,318 fruit The APs will be provided cash compensation at Cash compensation will be paid to the APs: CNY PMO, trees replacement value. 150/m for fenced wall, CNY 2,200/each for tomb, FCGDUCICL,, and CNY 255/each for fruit trees. RO, FLRB, FHDAO, Gangkou District Government, and RC / VCs Basic 24 electricity poles Affected Owners Cash compensation will be paid to the affected PMO, infrastructures owners: CNY 12,500/each for electricity pole. FCGDUCICL,, and special RO, Gangkou facilities District Government, and RC / VCs
87 5. Resettlement and Rehabilitation Plan
217. The overall objectives of the resettlement program are for the affected people to be offered with livelihood opportunities, for the labor force to be resettled properly, and for the living and production conditions of the APs to be improved or at least not worse-off than before the Project. The basic principles of the resettlement and rehabilitation plan are as follows:
218. For people losing land permanently, there are two resettlement options: “cash” or “cash plus reconstruction land in resettlement sites”. The PMO, IA, RO and local government will provide necessary assistance during LAR implementation. The measures for economic rehabilitation include: (i) provision of 547 person-years of employment opportunities to the APs in labor force during the Project construction and 70 public welfare job positions during operational phases; (ii) provision of social insurance, with 30% contribution from the local government and 70% contribution from rural collectives and farmers (The land lost farmers pay 20% based on the 40% of the average wage of the urban workers in last year); (iii) annual employment opportunities generated induced by the Project and related urban development projects. The FMG will coordinate with relevant departments, including the owners of the job positions, labor and social security bureau and district government to arrange the APs to be employed for these job positions; (iv) reconstruction land allocation and development managed by village groups in a centralized way for dividend income (70% of the dividends will go to the APs and 30% to the collective village to be used for pension and village public welfare activities); and (v) provision of technical training to 547 APs in labor force to increase their skills to be employed in institutions, enterprises and businesses.
219. For the people who will lose their land temporarily, cash compensation will be paid to the contractors. The land will be restored to original condition and keep the same quality as before by the contractors. The Project construction will generate 1,500 person-years short-term employment opportunities. The APs will be given priority to be employed during the 36 months project construction with income earnings at CNY 1,000 per month.
220. For residential houses to be demolished, cash plus provision of reconstruction house plot for self-construction by the APs will be adopted for this project. The households that have to be relocated will also receive a relocation allowance and relocation transit allowance. Compensation for ground attachments will be paid to the affected owners.
Employment Opportunities Generated by the Project 221. During the project construction phase, APs can seek some income generation opportunities, mainly providing services related to the Project construction, such as renting spare houses (if available) to the construction contractors as temporary office or to the construction workers as residence, operating grocery kiosks, and providing food, cigarettes and breweries to the construction teams. Also during the construction period, the PMO and IA will offer some temporary employment job opportunities, such as excavation for pipeline and structures and soil and earth transportation.
222. During the Project operational period, the APs with suitable qualifications will be employed and receive on-the-job training. Women and the poor will be given priority to be employed by the Project. After the constructions of the resettlement site have been completed, it is planned that 70 public welfare position jobs shall be provided for the APs based on discussion with the IA: 30 landscape workers, 10 road
88 maintenance, 10 safeguard and 20 cleaners. The ratio of employment for men and women will be 1:2. The salary will be between CNY 1,000 to CNY1,200 per month. As a result, the APs could get access to additional income generation opportunities and additional income. Therefore, the APs will benefit from the resettlement of the Project.
Provision of Technical Training to the APs 223. In order to create a self-development environment and rehabilitate the living standard of the APs in a short time, the RO and IA will cooperate with the departments of Labor and Social Security, Finance, Education, S&T, WF to carry out the technology skill training for the relocated APs. The technology training will be consistent with the district economic features, requirements of the labor market and the enterprises to ensure that the training is practical, efficient and targeted.
224. In order to create a self-development environment and rehabilitate the living standard of the APs in a short time, the RO and IA will cooperate with the departments of Labor and Social Security, Finance, Education, S&T, WF to carry out the technology skill training for the relocated APs. The technology training will be consistent with the district economic features, requirements of the labor market and the enterprises to ensure that the training is practical, efficient and targeted.
225. By taking into consideration of lack of working skills for the major labor force of the affected households, especially women, the IA will ensure that at least 50% of the trainees will be females. After training of occupational skills, the APs could get jobs in the city. A total of CNY 200 per person has been budgeted as training cost to cover the cost of training provided to the APs.
226. The training will be carried out twice a year, commenced from January 2010 and last till December 2012. The training will be implemented in association with local district government, RC / VC, WF, and vocational education department. The training will be provided to all APs with labor force, especially the women. For each training, at least 50% of women should be included. The training includes:
(1) Public security guard, cleaning, public aesthetic landscaping, maintenance of public facilities, management of parking lot, and others; (2) Horticulture, sewing and knitting, beauty and hairdressing; (3) Maintenance and repair of motorcycle, vehicle, and electronic products; (4) Car decoration and management of cleaning and washing accessories; (5) Food, catering and hotel services, and domestic servant services; and, (6) Sales of products, small business registration and operation.
6. Cost and Schedule
227. The cost estimate for land acquisition and resettlement is CNY 75.08 million or US$ 10.99 million at the prices of 2009, including compensation for permanent land acquisition, temporary land occupation, residential house demolishment, ground attachments, relocation allowances, infrastructures and special facilities, relevant land taxes, M&E, other costs, and contingency. The land acquisition and resettlement activities will occur between January 2010 and March 2013. Construction will not take place before the APs are fully compensated and relocated, 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.
89 APPENDIX 2: TOR for External Monitoring and Evaluation
A. Introduction
228. According to the requirements stipulated in the “Regulations on Construction Supervision” promulgated by the Ministry of Construction of the People’s Republic of China (PRC) in 1995, all construction projects shall be properly supervised. It is also a requirement of the Asian Development Bank (ADB) that loan projects that result in land acquisition and resettlement be properly monitored and evaluated. In order for the implementation of the land acquisition and resettlement program of the Guangxi Southwestern Cities Development Project (GSWCDP) to comply with the provisions of the Resettlement Plan (RP), monitoring of implementation, both “internal” and “external”, will be carried out during and after the implementation of the Project.
229. An independent monitoring agency (Monitor) will be engaged through competitive tenders for the external supervision, monitoring and evaluation. The Consultant will be a PRC consulting entity who has experience in ADB or World Bank projects dealing with resettlement issues.
230. Monitoring and evaluation will include, but not be limited to:
z Monitoring the progress and effectiveness of RP implementation; and, z Evaluation of income restoration and post-resettlement conditions of the APs and host communities.
B. Objectives and Requirements of Monitoring and Evaluation
231. The objectives of monitoring and evaluation are to assess if the land acquisition and resettlement is implemented in accordance with the RP and if the goals and principles of the RP are achieved. Specifically, monitoring and evaluation will focus on the following aspects of the APs’ situation and the resettlement process.
z Economic situation prior to and after displacement of land or structures; z Timely disbursement of funds; z Environmental conditions; z Social adaptability after resettlement; z Rehabilitation of the vulnerable groups; z Measures taken to restore affected production and livelihoods of the AP; and, z Living conditions and economic status of APs following resettlement in comparison to the non-affected household in the Project area.
232. Monitoring and evaluation will include the establishment of socioeconomic baselines of the APs prior to land acquisition or physical relocation, and the regular monitoring of their relocation or adjustment during Project implementation, and evaluation of their situation for a period of one or two years afterwards. Qualitative and quantitative methods will be used to evaluate the standard of living of the APs. Investigation will include interviews with IA, local officials, village leaders, and survey of 20-25% of affected households. Focus group discussions can be conducted to address issues related to women, poor, and other vulnerable groups.
C. Monitoring Indicators
233. The following indicators will be monitored and evaluated in accordance with principles, entitlements and rehabilitation strategies/plans set out in the RP:
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z Disbursement of entitlements to affected households: compensation, reconstruction land, reconstruction house land, employment, and necessary assistance as specified in the RP. z Development of economic productivity: job opportunities available to APs, number of APs employed or unemployed. z Restoration of basic infrastructures and special facilities: all necessary infrastructures and special facilities should be restored at the resettlement sites at least up to a standard equal to the standard at the original location; the compensation for all infrastructure and special facilities should be sufficient to reconstruct it to the same quality. z Level of AP’s satisfaction: level of APs’ satisfaction with various aspects of the resettlement program; the operation of the mechanisms for grievance redress will be reviewed and the speed and results of grievance redressal measures will be monitored. z Standard of living: Throughout the implementation process, the trends in standards of living will be observed and the potential problems in the way of restoration of standards of living will be identified and reported. The Consultant will carry out a comprehensive socioeconomic survey after the completion of resettlement implementation to document the standards of living and the conditions of the APs after resettlement. The survey will be conducted annually for two years, or until most affected households have fully restored their living standards and income generation. z Social adaptability and cohesion: impacts on children, the elderly and other vulnerable groups, public participation, APs’ attitudes and reaction to post resettlement situation, number of complaints and appeal procedures and resolution, implementation of preferential policies, income restoration measures, and improvements in women’s status.
D. Special Considerations
234. Special attention/provisions specified in the RP will be paid to women, the poor and vulnerable groups during monitoring; these include:
z The status and function of women: Closely monitor any change in women’s status, function and situations. At least 40 % of APs surveyed will be women. The monitoring and evaluation agency will also provide recommendations and assistance to the EA in respect of women’s issues. z Care and attention to vulnerable groups if identified during implementation process: closely monitor living conditions of the poor, elders, the disabled, and other vulnerable groups after resettlement, to ensure that no hardship is experienced. z Monitoring and evaluation will provide information on utilization and adequacy of resettlement funds. The Fangchenggang Audit Bureau will audit resettlement accounts and funds. The details of this audit will be made available to the IMA.
E. Contents and Distribution of Independent Monitoring Reports
235. A monitoring report will include, among other things:
z conclusion of investigation and evaluation; z major existing and potential problems; z recommended mitigation or prevention measures which will be incorporated into a revised plan if necessary; and,
91 z assessment of previous follow-up actions.
236. The IMA will forward copies of the reports to the Asian Development Bank. The PMO will also submit a resettlement completion report to the ADB, to be followed by post-resettlement impact evaluation reports by the monitor, which should provide further evidence whether adverse effects of the Project have been mitigated adequately, and at least non-affected household income levels have been restored for the APs.
F. Monitoring Schedule
237. The Monitor will provide the ADB, PMO, IA, RO, FLRB, FHDAO and relevant departments with monitoring reports every six months during resettlement implementation and annual evaluation reports as well within 2 years after the completion of resettlement implementation. Table 1 provides the resettlement monitoring and evaluation schedule.
Table 1: Schedule for Resettlement Monitoring and Evaluation No. Report of M&E Date 1 Baseline Survey of Socioeconomic Information December, 2009 2 First Monitoring Report 31 July, 2010 3 Second Monitoring Report 31 December, 2010 4 Third Monitoring Report 31 July, 2011 5 Fourth Monitoring Report 31 December, 2011 6 Fifth Monitoring Report 31 July, 2012 7 Sixth Monitoring Report 31 December, 2012 8 Resettlement Completion Report 31 July, 2013 9 First Annual Evaluation Report 31 December, 2013 10 Second Annual Evaluation Report 31 December, 2014
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