Jilin Water Supply and Sewerage Development:
Shuangyang Water Supply Project
RESETTLEMENT PLAN
Shuangyang Water Bureau
Prepared with Assistance of
China Northeast Urban Infrastructure Engineering Design and Research Institute
April 2005
THIS IS NOT AN ADB BOARD APPROVED DOCUMENT
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...... 7
1. INTRODUCTION...... 9
1.1 PROJECT BACKGROUND ...... 9 1.2 DESCRIPTION OF THE PROJECT...... 9 1.2.1 Geographic Location...... 9 1.2.2 Scope of the Project...... 9 1.2.3 Budget and Implementation Schedule ...... 13 1.2.4 Socioeconomic Benefits of the Project...... 13 1.3 SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS ...... 13 1.4 PREPARATION OF RP...... 14 1.4.1 RP Preparation...... 14 1.4.2 RP Preparation Method and Process ...... 15 2. SOCIOECONOMIC PROFILE OF THE AFFECTED AREAS AND POPULATION...16
2.1 SOCIOECONOMIC SURVEY ...... 16 2.2 SOCIOECONOMIC SITUATION OF THE PROJECT AFFECTED AREA...... 17 2.3 SOCIOECONOMIC SITUATION OF AFFECTED VILLAGES...... 17 2.4 SOCIOECONOMIC SITUATION OF THE AFFECTED HOUSEHOLDS...... 18 2.4.1 Household Population...... 18 2.4.2 Age Distribution...... 18 2.4.3 Educational Level ...... 19 2.4.4 Household Income and Expenditure ...... 19 2.4.5 Knowledge and Opinions of APs...... 19 3. PROJECT IMPACTS...... 22
3.1 MEASURES TAKEN TO AVOID OR MINIMIZE LAND ACQUISITION AND RESETTLEMENT IMPACTS...... 22 3.2 IMPACTS OF LAND ACQUISITION AND RESETTLEMENT ...... 23 3.2.1 Inventory Survey...... 23 3.2.2 Permanent Land Acquisition...... 24 3.2.3 Temporary Land Occupation...... 24 3.2.4 Houses and Auxiliaries to Be Demolished...... 24 3.2.5 Affected Business...... 25 3.2.6 Affected Ground Attachments...... 26 3.2.7 Affected Population ...... 26 3.2.8 Vulnerable Groups...... 27 3.3 IMPACT ANALYSIS ...... 27 4. LEGAL FRAMEWORK AND POLICIES...... 29
4.1 APPLICABLE LAR LAWS, REGULATIONS AND POLICIES...... 29 4.1.1 DOCUMENT 28: STATE COUNCIL DECISION TO DEEPEN REFORM AND STRICTLY ENFORCE LAND ADMINISTRATION, ISSUED BY STATE COUNCIL, OCTOBER 2004 ...... 29 4.1.2 Land Administration Law of PRC, 1998 ...... 30 4.1.3 Temporary Regulations of Farmland Occupation Tax for PRC, 1987...... 34 4.1.4 Urban House Demolition Management Regulation of PRC, 2001...... 34 4.1.5 Management Regulations for Urban House Demolition of Changchun City, August 1st 2004...... 35 4.2 ADB’ INVOLUNTARY RESETTLEMENT POLICY...... 37 4.3 MEASURES TO BRIDGE GAPS BETWEEN CHINESE LAWS AND ADB POLICIES...... 38 4.4 DOCUMENT 28 TO BE OPERATIONALIZED UNDER THE PROJECT...... 38 4.5 COMPENSATION STANDARDS ...... 42 4.5.1 Eligibility ...... 42
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4.5.2 Compensation Principles...... 42 4.5.3 Compensation Standards...... 43 4.5.4 Entitlement Matrix...... 45 5. RESETTLEMENT AND REHABILITATION PLAN...... 49
5.1 RESETTLEMENT STRATEGY...... 49 5.1.1 Objective of Resettlement Program...... 49 5.1.2 Principles of Resettlement and Rehabilitation Plan ...... 49 5.2 LIVELIHOOD AND PRODUCTION REHABILITATION PLAN ...... 50 5.2.1 Tasks of Livelihood and Production Rehabilitation Plan...... 50 5.2.2 Resettlement Plan ...... 50 5.2.3 Agriculture Resettlement Plan...... 51 5.2.3.1 Analysis of Environmental Capacity ...... 51 5.2.3.2 Income Restoration Measures for Farmers...... 52 5.2.4 RESTORATION PLAN OF TEMPORARY LAND OCCUPATION ...... 55 5.2.5 Rehabilitation of Ground Attachments...... 55 6. ORGANIZATIONAL STRUCTURE AND RESPONSIBILITIES ...... 56
6.1 PARTICIPATING AGENCIES ...... 56 6.2 ORGANIZATIONAL STRUCTURE FOR RESETTLEMENT IMPLEMENTATION...... 56 6.2.1 Institutional Arrangements...... 56 6.2.2 Institutional Responsibilities...... 56 6.3 MONITORING INSTUTIONS ...... 60 6.4 RESETTLEMENT ADMINISTRATION SYSTEM...... 60 6.5 STAFFING AND FACILITIES ...... 62 6.6 TRAINING PLAN ...... 62 6.6.1 Training Plan for Resettlement Officers ...... 62 6.6.2 Training Plan for APs ...... 63 6.7 MEASURES OF INSTITUTIONAL STRENGTHENING...... 63 6.7.1 Training for Resettlement Staff ...... 63 6.7.2 Investigation to Other ADB Projects ...... 63 6.7.3 Establishment of Rational Working Mechanism...... 63 7. PUBLIC PARTICIPATION ...... 64
7.1 PUBLIC PARTICIPATION STRATEGY...... 64 7.2 METHODS AND MEASURES OF PUBLIC PARTICIPATION...... 64 7.3 PUBLIC PARTICIPATION DURING RP PREPARATION ...... 64 7.4 WOMEN’S PARTICIPATION...... 65 7.5 INFORMATION DISCLOSURE...... 65 7.5.1 Resettlement Information Brochure...... 65 7.5.2 Distribution of the Resettlement Plan ...... 66 7.6 PUBLIC PARTICIPATION PLAN DURING RP IMPLEMENTATION...... 66 8. GRIEVANCE PROCEDURES...... 69
8.1 POSSIBLE GRIEVANCES AND SOLUTIONS ...... 69 8.2 GRIEVANCE CHANNELS AND PROCEDURES ...... 69 9. MONITORING AND EVALUATION ...... 71
9.1 INTERNAL MONITORING...... 71 9.1.1 Purposes and Tasks of Internal Monitoring ...... 71 9.1.2 Personnel Arrangement...... 71 9.1.3 Content of Monitoring...... 71 9.1.4 Implementation Procedures...... 72 9.2 EXTERNAL MONITORING ...... 72 9.2.1 Objectives and Tasks...... 72 9.2.2 External Monitoring Agency ...... 73 9.2.3 Major Indicators of Monitoring and Evaluation...... 73
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9.2.4 Special Considerations ...... 74 9.2.5 Methods of Monitoring and Evaluation...... 74 9.2.6 Monitoring and Evaluation Report...... 74 10. COST ESTIMATES ...... 76
10.1 BASIS OF COST ESTIMATES...... 76 10.2 COMPENSATION AND LAR COSTS...... 76 10.3 ANNUAL BUDGET...... 77 10.4 FLOW OF FUND ...... 78 11. IMPLEMENTATION SCHEDULE OF RESETTLEMENT PLAN ...... 79
11.1 PRINCIPLES ...... 79 11.2 SCHEDULE OF RP IMPLEMENTATION ...... 79
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ABBREVIATIONS AND ACRONYMS
ADB - Asian Development Bank APs - Affected Persons FSR - Feasibility Study Report HDAO - House Demolition Administration Office IMA - Independent Monitoring Agency LAB - Land Administration Bureau LAR - Land Acquisition and Resettlement NUIEDRI - Northeast Urban Infrastructure Engineering Design and Research Institute NPV - Net Present Value PLG - Project Leading Group PMO - Project Management Office PPMO - Provincial Project Management Office RO - Resettlement Office RP - Resettlement Plan SC - SC SMG - Shuangyang Municipal Government SRAO - Shuangyang Reservoir Administration Office SWB - Shuangyang Water Bureau VC - Village Committee
UNITS
CNY - Chinese Renminbi mu - area; 15 mu = 1 ha ha - area; 1 ha = 15 mu m2 - square meter
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ENDORSEMENT OF THE RESETTLEMENT PLAN
The Shuangyang Water Bureau has received approval to construct the Shuangyang Water Supply Project, which is expected to commence construction in October 2005 and be completed by December of 2007. Shuangyang Municipal Government, through Ministry of Finance, has requested a loan from the Asian Development Bank (ADB) to finance part of the project. Accordingly, the Project will be implemented in compliance with ADB social safeguard policies. This Resettlement Plan (RP) represents a key requirement of ADB and will constitute the basis for land acquisition, house relocation, compensation and resettlement. The RP complies with PRC laws and local regulations but includes some additional enhancement measures and implementation and monitoring arrangements to ensure high quality resettlement results.
Shuangyang Municipal Government and the Shuangyang Water Bureau hereby endorse the contents of the Resettlement Plan dated in March 2005 and ensure that funds will be made available as stipulated in the budget. The Shuangyang Water Bureau has discussed the RP with relevant local officials and has obtained their concurrence. Overseas Funds Administrative Office of Shuangyang Municipal Government was authorized as the responsible agency to manage the implementation of the Project and related resettlement activities.
Approved on XXXXXX by:
______Deputy Mayor, Changchun Municipal Government (original signed)
______Director, Shuangyang Water Bureau (original signed)
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EXECUTIVE SUMMARY
The Project is composed of the components of water intake, water treatment and water transmission pipeline. The Project owner is Shuangyang Water Bureau (SWB).
The Project will involve permanent land acquisition and temporary land occupation. For the Water Treatment Plant, the land to be acquired permanently is 3.15 ha, with 48 rural populations to be affected. For the Water Transmission Pipeline, a total of 7.59 ha will be occupied temporarily, and 448 persons of rural population will be affected. Two (2) urban households or 5 persons will be relocated due to house demolition; the area of house structure to be demolished is 193 m2. One (1) of the household living in the affected area of the Shuangyang Reservoir, whose business (restaurant) will be moved, the area of structure to be demolished is 190 m2, and 6 employees will be affected. In addition, some auxiliaries and ground attachments including infrastructure and special facilities will be affected, such as electric poles, roads, wells, and so on. The affected people include urban and rural residents, and business owners and employees.
In order to avoid or minimize land acquisition and resettlement, there was close consultation with the local officials and village committees (VCs) and street committees (SCs) during the preliminary and final Feasibility Study stages.
The compensation of the permanent land loss and house demolition is based on the Land Administration Law of PRC in 1998, Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004, Land Management Regulation of Jilin Province, Urban House Demolition Management Regulations of PRC, and Management Regulations for Urban House Demolition of Changchun City. 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 Changchun 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) the per capita landholding after land acquisition will be sufficient to maintain the previous livelihood standard; (vi) where land allocation per capita is not sufficient to maintain the previous livelihood standards, other income-generating activities will be provided for; (vii) a preferential policy will be provided to vulnerable groups in such things as compensation, housing assignment, transfer, and employment; (viii) all those affected will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing; and (ix) close monitoring and timely actions will be carried out to identify and resolve any problems.
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 was distributed to affected villages/streets and households in November 2004. The draft RP was provided to VCs and SCs in January 2005. The RP approved by Changchun City Government will be redistributed to village committees in April 2005 to any one wishing to consult the document at the
7 villages. At the same time the RP will be posted on the ADB website in April 2005. The Shuangyang District PMO and SWB 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 resettlement information booklets.
For permanent land acquisition, land compensation will be paid in cash to the affected villages, and compensation for resettlement subsidy and standing crops will be paid to the APs. For temporary land use, compensation for standing crops will be paid to the APs, and compensation for land recovery will be paid to the contractors to restore the land to the original condition. The resettlement strategy for relocated households encompasses: i) cash compensation for temporary house demolition; ii) house plot provision and cash compensation for demolished residential and non-residential structures at full replacement cost of materials and labor with no deduction for depreciation or salvageable materials; and iii) provision of relocation allowance. For the relocated restaurant, in addition to compensation for lost structures and house plot provision, cash compensation will also be paid to the business owner to compensate the profit losses for three months of business stoppage, as well as the salary or wage loss for both the permanent and temporary workers during business stoppage. The measures for economic rehabilitation include: i) the Project owner will give the APs priority to be employed in the activities of the project construction and operation; ii) land compensation will be used for agricultural rehabilitation measures with the agreement of 2/3 villagers: i.e. application of scientific farming, increased investment in agriculture production, diversification of high-value crops, development of farmland reserve; and iii) resettlement subsidy paid directly to the APs will be used as seed capital for production development measures to increase income of APs, such as greenhouse development and animal breeding.
The cost estimate for land acquisition and resettlement is CNY 3.12 million or US$ 0.38 million in 2005 prices, including compensation for land, compensation for temporary land use, infrastructure and special facilities, relevant land taxes, M&E and other costs, and contingency. The land acquisition and resettlement activities will occur between September 2005 and November 2007. Construction will not take place before the APs are fully compensated and relocated. Internal and external monitoring of the RP implementation will be conducted to ensure successful implementation of the RP.
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1. INTRODUCTION
1.1 Project Background
The Shuangyang District of Changchun City is situated in the Shuangyang River valley where there are abundant natural resources and beautiful scenery. Agriculture and construction materials are the key industries. In recent years there has been a rapid growth in urban development in Shuangyang District owing to the development and utilization of oil and gas fields. With unique ecological environment, adequate natural resources and convenient transportation, Shuangyang District has great development potential. The deepened reform will play a very important role in the economic development of the district.
The Shuangyang District has an area of about 10 square kilometres. The current population of the district is more than 85 thousands. The gross value of industrial output is CNY 1.67 billion. According to “The Report of Changchun City Shuangyang District Urban Water Resources Plan”, by the year of 2010, the water demand of Shuangyang District will reach to 1,654.56 × 104 m3/a, but currently the district sustainable supply capacity of ground water withdrawal is about 462.35 × 104 m3/a; about 1,192.21 × 104 m3/a is still in shortage. Studies show that the ground water resources are limited. The water supply from the Shuangyang Reservoir could meet the water demand of 2010. The water can be used as a centralized drinking water supply source. It is economically viable to divert water from the Shuangyang Reservoir.
The Shuangyang Water Supply Project is expected to completely solve the serious water shortage problems of industrial and residential water use, for achieving the targets of the national “Tenth-Five-Year Plan” and 2010 program.
1.2 Description of the Project
1.2.1 Geographic Location
Shuangyang District of Changchun City is located in the northeast of Songliao Plain, and 46 km away from the center of Changchun City. It is an independent urban area. The geographic location of east longitude is from 125°40′30″ to 125°43′30″, north latitude is from 43°31′06″ to 43°31′24″. The general location of the Project is shown in Figure 1.1.
1.2.2 Scope of the Project
The project is composed of the components of water intake, water treatment and water transmission pipeline.
The water intake includes the intake pipe, collecting pond, and pumping station. The designed scale of water intake is 3.90 × 104 m3/d.
The water treatment engineering includes treatment process structures, auxiliary engineering and accessory structures, and so on. The designed volume of water supply is 3.60 × 104 m3/d.
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The water transmission pipeline includes the pipeline from water intake pumping station to water treatment plant (designed scale is 3.90 × 104 m3/d), and pipeline from water treatment plant to the connecting point of municipal urban water supply networks (designed scale is 3.60 × 104 m3/d).
The engineering layout of the Shuangyang Water Supply Project is presented in Figure 1.2.
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Shuangyang Water Supply Project Resettlement Plan
Figure 1.2 Engineering Layout of Shuangyang Water Supply Project
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1.2.3 Budget and Implementation Schedule
The total investment of the Project is CNY 59.95 million. Of this, the construction budget is CNY 57.88 million, including CNY 5.10 million of basic contingency and CNY 138.6 thousands of inflation allowance, and CNY 1.64 million of loan interest during construction period. The working capital is CNY 2.06 million. The Project will be owned by the SWB.
The Project will be 4 years from the preparation of feasibility study report (FSR) in July 2004 to the project completion in June 2008. The construction of civil works will begin in October 2005 and complete in March 2007.
1.2.4 Socioeconomic Benefits of the Project
The Project has large social and environmental benefits. After the project is built, the water supply condition of Shuangyang District will be improved greatly; environment pollution will be decreased; the living conditions of the people will be enhanced; and it also plays a very important role to promote the development of industrial production and urban development. Women, children and elders will benefit from the increased access to clean water supply disproportionately as they are more vulnerable to shortage of water and poor environment.
Meanwhile, the result of the financial analysis shows that the rate of internal return is above 6%; the net present value (NPV) is more than 0; the static investment return period is less than 15 years; and the other financial indicators meet the requirements. Therefore, the Project is considered as financially visible and of low risk.
1.3 Scope of Land Acquisition and Resettlement Impacts
The scope of the Project impacts is mainly determined on the basis of the FSR. The Project will involve permanent land acquisition and temporary land occupation. For the Water Treatment Plant, the land to be acquired permanently is 3.15 ha, of which 1.89 ha (fish pond) is state land owned by the Shuangyang Reservoir Administration Office (SRAO) and 1.26 ha (dryland) is farmland owned by village collectives. The affected rural population totals 48 persons. For the Water Transmission Pipeline, a total of 7.59 ha will be occupied temporarily, of which 0.55 ha is state land and 7.04 ha (dryland) rural farmland, and 448 rural population will be affected. Two (2) urban households or 5 persons will be relocated due to house demolition; the area of house structure to be demolished is 193 m2. One (1) of the household living in the affected area of the Shuangyang Reservoir, whose business (restaurant) will be moved, the area of structure to be demolished is 190 m2, and 6 employees will be affected. In addition, some auxiliaries and ground attachments including infrastructure and
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special facilities will be affected, such as electric poles, roads, wells, and so on. The affected people include urban and rural residents, and business owners and employees.
1.4 Preparation of RP
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, Jilin Province and Changchun City, the resettlement plan (RP) has been prepared by the China Northeast Municipal Engineering Design and Research Institute (NUIEDRI).
1.4.1 RP Preparation
(1) Basis of RP Preparation
z Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004 z Land Administration Law of PRC z Implementation Regulation for Land Administration Law of PRC z Protection Regulation of Basic Farmland z Temporary Regulation of Farmland Occupation Tax for PRC z ADB’s Policy on Involuntary Resettlement z Urban House Demolition Management Regulations of PRC z Management Regulations for Urban House Demolition of Changchun City z FSR of Changchun City Shuangyang District Water Supply Project z Measurement survey between August and September, 2004 z Sample socioeconomic survey of 29 affected households between August and September 2004 z Discussion with village leaders and affected peoples (APs) z Focus group discussion during the ADB PPTA phase z Consultation workshops on environment, including resettlement issues z Community meetings on the Resettlement. z Consultation results from distribution of Resettlement Information Booklet and RP.
(2) Goal of RP Preparation
z Using all possible measures, such as engineering, technical and economic measures, to avoid or reduce the impacts of land acquisition and house demolition. When it is not avoidable, measures should be taken to reduce the impact to the production and livelihood of local residents as much as
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possible. z Resettlement Plan is based on the land acquisition and resettlement indexes and the compensation standard, and the goal is to increase or rehabilitate the living standards of the resettlers, at least not worse-off. z Development resettlement is promoted. The rural resettlement should be based on land, meanwhile based on the second and third industry to increase employment opportunities. z APs are encouraged to participate in the Resettlement Plan preparation, in particular women. z Women’s rights and interests should be fully taken into consideration of the project.
1.4.2 RP Preparation Method and Process
The RP is prepared on the basis of the following methods and process:
(1) The design institute confirms the scope of land acquisition and resettlement (LAR) impacts initially based on the FSR. (2) The Shuangyang District Project Management Office (PMO), SWB and the design institute conducted on-site measurement survey to determine the scope of impacts by permanent land acquisition, temporary land occupation, house demolition, auxiliaries and ground attachments including infrastructure and special facilities. The design institute collected and analyzed the data. (3) The PMO in association with relevant organizations collected related policies and regulations, and formulated compensation standards of land acquisition and resettlement as well as resettlement and rehabilitation plan, with the technical support of the design institute. (4) The draft Resettlement Plan was submitted to the Provincial PMO, Shuangyang District PMO, City House Demolition Administration Office (HDAO), City Land Administration Bureau (LAB), and the ADB PPTA Consultants and ADB for comments. Revisions were made on the basis of the comments received, and the RP was finalized.
The APs have been consulted and agreed to the compensation and rehabilitation plan.
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2. Socioeconomic Profile of the Affected Areas and Population
2.1 Socioeconomic Survey
The main task of the socioeconomic survey is to identify the quantitative and qualitative indexes of various inventories affected within the scope of the project. For the purpose of calculating the losses resulting from the land acquisition of this project, the socioeconomic assessment and evaluation was carried out, which covered the definition of the Project scope, investigation into the socioeconomic impacts, preparation of the RP for the households and populations and business to be affected by the permanent and temporary land acquisition and resettlement, cost estimate of resettlement, as well as the implementation of the RP, and performance monitoring and evaluation.
The first draft of the Feasible Study Report on the Shuangyang Water Supply Project was completed in July 2004. From August to September 2004, the Shuangyang District PMO organized relevant organizations to collect data and identify the quantitative impacts of land acquisition and resettlement to assess the various impacts and to prepare the RP.
With active participation of the APs, investigation and documentation of the quantitative data on households to be affected and the socioeconomic profile of the APs have been made, as well as the areas of the affected businesses, their profits and the number of affected employees. A database was set up for the use of the RP preparation. During the socioeconomic investigation, all the households and individuals affected were actively involved in the investigation.
For the agricultural land to be acquired, surveys have been conducted on the types and quantities of land on-site with the participation of the villagers. Full investigation and analysis of the LAR impacts resulting from land acquisition and resettlement, and the socioeconomic profiling of the Shuaiwan Village under the administration of Pinghu Street Committee (SC) to be affected directly by the Project has also been conducted. Consultations were held with the VCs on the compensation standards and the resettlement plan. The outcome of the consultation has been used as the basis of the RP preparation. A database was built by using the collected information, and it serves as the basic information source for the preparation of the RP.
In addition, based on the comments made by ADB PPTA Consultants on the RP, the Shuangyang District PMO had surveyed 100% of the families affected by the permanent land acquisition and house demolition, and more than 10% of the families affected by the temporary land occupation. Through the questionnaire survey, information on the socioeconomic status of the APs, such as household and
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population characteristics, and income and expenditure of APs, has been obtained.
2.2 Socioeconomic Situation of the Project Affected Area
Originally as a suburban area, Shuangyang was proclaimed as a district of Changchun City in July 1995. The district has a total population of 85,000, and the area of 10 km2. The gross industrial output value for the district is CNY 1.067 billion.
The Shuangyang District has a favourable ecological environment, rich in natural resources and has great potential for further development. It is famous for sika deer and regarded as hometown of the sika deer. The area is regarded as an “ecological garden” featured with mountain, water and forest.
According to the master plan of Shuangyang District, it is classified as a high-tech industrial development zone of Changchun City, a high-quality scenic spot of tourists, and the vegetable supply base of green food to the Changchun City.
2.3 Socioeconomic Situation of Affected Villages
Two (2) villages, including Shuaiwan Village and Shuangqiao Village, will be affected by the project. They are both under the administration of Pinghu Street Committee. The Pinghu Street Committee has 7,964 households or a population of 30,907 (16,700 males and 14,207 females). The total labour force is 13,969 persons. The total land area is 6,856.5 ha, including 6,244.5 ha of farmland, 352 ha of woodland, 260 ha of other types of land. The total output value totals CNY 498.19 million, fiscal revenue CNY 2.07 million, and expenditure CNY 2.02 million. The average net income of farmers is CNY 2,244 per capita per year, and expenditure CNY 1,848 per capita per year.
The number of households in Shuaiwan Village totals 357 (1,297 persons, including 685 males and 612 females). The total area of farmland is 153 ha, total output value CNY 5.3 million per year, average annual net income per capita CNY 2,200, and average annual expenditure per capita CNY 1,800. The number of household in Shuangqiao Village totals 445 (1,530 persons, including 785 males and 745 females). The total area of farmland is 140 ha, the total output value CNY 5.4 million per year, average net income CNY 2,300 per capita per year, average expenditure CNY 1,900 per capita per year.
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2.4 Socioeconomic Situation of the Affected Households
In order to collect information of the economic situation of the households in the Project affected area, the study group surveyed the 15 households affected by permanent land acquisition and relocation (100% of the affected households). Fourteen (14) households affected by temporary land occupation were selected for the survey through random sampling, accounting for 15% of the total. Table 2.1 provides the number of the affected household and sample size of the survey.
Table 2.1 Number of Affected Households and Sample Size of the Project Affected Households Affected Areas Total Affected Sample Size % of Remark Households (No.) Sample Urban Rural Urban Rural Size SRAO 2 2 100 Residential/Non-Residential House demolition Yuejin Group, Shuaiwan 13 13 100 Permanent land acquisition Village, Pinghu Street Yuejin Group, Shuaiwan 30 3 10 Temporary land occupation Village, Pinghu Street Heping Group, Shuangqiao 25 3 12 Temporary land occupation Village, Pinghu Street Chaoyang Group, 5 2 40 Temporary land occupation Shuangqiao Village, Pinghu Street Miaopu Group, 15 2 13 Temporary land occupation Shuangqiao Village, Pinghu Street Nanqiao Group, Qianjin 15 3 20 Temporary land occupation Village, Yunshan Street Nangang Community, 1 1 100 Temporary land Yunshan Street occupation, & houses demolition Total 3 103 3 26 27
2.4.1 Household Population
Of the total 29 families surveyed, there are 105 family members, including 97 farmers accounting for 92.4%, 47 females accounting for 44.8%, 5 students accounting for 4.8%, and 5 elders accounting for 4.8%. No migrant population has been identified.
2.4.2 Age Distribution
Of the 29 surveyed households or 105 persons, 7 persons are under 16 years of age, accounting for 6.7%, 51 persons between 16 and 40, accounting for 48.6%, 42 persons between 41 and 60 accounting for 40%, and 5 persons above 61 accounting for 4.7%.
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2.4.3 Educational Level
Of the 29 surveyed households or 105 persons, 31 persons (including 5 females) have elementary school education accounting for 29.5%, 60 persons (including 17 females) junior school education accounting for 57.1%, 11 persons senior high school education accounting for 10.5%, and one (1) person junior college education accounting for 0.9%.
2.4.4 Household Income and Expenditure
According to the survey of three (3) urban households whose houses will be demolished, the total family income is CNY 200,200, including salary CNY 10,000 accounting for 5%, other income CNY 190,200 accounting for 95%, including CNY 100,000 from restaurant business and CNY 90,200 from other small business.
According to the 26 surveyed rural households, total family income is CNY 192,500, including agriculture income CNY 138,500 accounting for 71.9% of their total family income, the non-agriculture income CNY 54,000 accounting for 28.1%.
As far as expenditure is concerned, the 3 surveyed urban households have a total expenditure CNY 78,000, while the 26 rural households have a total expenditure CNY 117,910, including total agriculture expenditure CNY 27,900 accounting for 23.7%, and non-agriculture expenditure CNY 90,010 accounting for 76.3%.
Based on the above data, it can be seen that the average annual net income per capita of the 26 surveyed rural households is CNY 2,868. The major income of the three (3) affected villages affected by permanent land acquisition and temporary land occupation comes from agriculture.
2.4.5 Knowledge and Opinions of APs
The respondents were asked about their knowledge and opinion on the Project. The results are shown in Table 2.2. As can be seen from the table, only slightly over 1/3 of the respondents are knowledgeable about the Project, indicating the need for greater effort to raise public awareness. In spite of the low percentage of respondents knowledgeable about the Project, 82.8% are supportive of it. However, the 17.2% of “no comments” are still significant; the reservations may be related to either lack of knowledge or fear of negative effects.
None of the respondents believes that the Project will benefit the collective groups,
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and few think it will benefit local government officials (3.4% of the respondents), or local governments (10.3%). Slightly less than one third (31.0%) of the respondents believe that the Project will benefit some residents, and 41.4% believe that it will benefit all residents, compared to 27.6% who think the Project will benefit the country. All in all, the percentages are low, and this may be related primarily to the lack of people’s understanding of the Project.
The results of the survey also show that people can relate the Project to family benefits. In fact, only 10.3% of the respondents think the Project will have no benefit on them, while the rest believe they will benefit from the Project in various ways (e.g., improving working conditions at 27.6%, increasing employment opportunities 10.3%, improving health 44.8%, improving living conditions 44.8% and improving water supply 69.0%). These expected benefits are consistent with the planned benefits. On the other hand, the major negative effects perceived by the respondents include reduction of income from land loss taken by the Project (82.8%), traffic congestion (41.4%), and financial loss associated with house demolition (10.3%). Again, these are consistent with the expected negative impacts from the Project.
Moreover, as has been seen in many other projects, the vast majority (82.8%) know “a little” about the land acquisition and resettlement policy, compared to 13.8% who know well and 3.4% who know nothing at all. Apparently the need exists for increasing the knowledge of the local residents about the land acquisition and resettlement policy to ensure them to know and defend their rights.
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Table 2.2 Results of Public Opinion Study Question Answer Result (%) (1) (2) (3) (4) (5) (6) Do you know the Project？ (1) Yes (2) Not clear (3) No 37.9 62.1 0 Do you agree with the Project？ (1) Yes (2) No (3) No comments 82.8 0 17.2 Country: (1) Yes (2) No 27.6 72.4 Collective group: (1) Yes (2) No 0 100.0 Who do you think will benefit from All the residents: (1) Yes (2) No 41.4 58.6 the Project (Can choose more than one items) Some residents: (1)Yes (2) No 31.0 69.0 Local government: (1) Yes (2) No 10.3 89.7 Local government officials: (1) Yes (2) No 3.4 96.6 What are the negative impacts Very time consuming, can not do other things. 0 51.7 17.2 31.0 55.2 due to environment pollution or Life quality degraded. water supply shortage? (Can Cost too much money, cause economic losses choose more than one items) Poor Investment on environment, few investors. Damage to the image of the city Do you think inferior environment No impact 0 82.8 17.2 0 or water supply shortage bring Yes, but not seriously serious impacts on you? Serious Very seriously What benefits do you think the Have no benefit 10.3 27.6 10.3 44.8 44.8 69.0 Project can bring to you? Improve working condition Increase employment opportunity Good for health physically and psychologically Improve living condition Improve water supply condition What disadvantage do you think Have no disadvantage 0 41.4 10.3 82.8 0 the Project can bring to you? Construction of the project can affect the traffic House demolition can cause economic losses Land to be acquired can reduce the economic income Other disadvantages Do you know the land acquisition ① Yes 13.8 82.8 3.4 and resettlement compensation ② A little policy？ ③ Nothing During the implementation of the ① Yes 79.3 20.7 Project, when your interests were ② No infringed, do you know about grievance procedure?
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3. Project Impacts
3.1 Measures Taken to Avoid or Minimize Land Acquisition and Resettlement Impacts
In order to minimize land acquisition and resettlement impacts, comparison of project alternatives have been made during the feasibility study phase. The site selection of the water treatment plant and routing of the water transmission pipelines have been modified accordingly.
(1) Water Treatment Plant
In the Project proposal, the original selection of the water treatment plant is located at the south of the second water source, southeast of Shuangyang City, 3 km to the water intake pumping station at the Shuangyang Reservoir. There are 18 vegetable sheds and large areas of farmlands at the project area. Therefore the compensation would be as high as CNY 1.62 million. The new site selected in the FSR is outside of south Shuangyang Reservoir, southwest of Shuangyang Dam, south of the old spillway. The site covers 1.26 ha of dryland, two fish ponds with an area of 1.89 ha owned by the Shuangyang Reservoir Administration Office (SRAO). As a result, the compensation will be relatively lower at CNY 752,100.
(2) Water Transmission Pipeline
In the original Project Proposal, water transmission pipeline would start from the water treatment plant, crossing Shangjia River from east to west, passing through Heping Village and Hardware Plating Plant, and crossing roads and Heiding River, connecting to the joint of public utility pipelines. According to the site investigation, the project would demolish five (5) residential houses totalling 450 m2, with the compensation totalling at CNY 360,000. In the FSR, it is proposed to move the water pipeline 100 m southward, starting from water treatment plant, passing through Yuejin Group of Shuaiwan Village, Heping Group of Shuangqiao Village, Nanqiao Group of Qianjin Village, Chaoyang Group of Shuangqiao Village and Miaopu Group of Shuangqiao Village, crossing Changqing road and Heiding River, connecting to the joint of public utility pipelines, from east to west. This proposal will avoid the houses and ground attachments to reduce the structure demolition in the project affected area. For this proposal only two (2) urban houses with an area of 84 m2 will be demolished.
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3.2 Impacts of Land Acquisition and Resettlement
3.2.1 Inventory Survey
In order to identify the impacts of land acquisition and relocation, and determination of compensation standards and costs, and prepare the resettlement plan, the project survey has targeted: land acquisition, populations affected by land acquisition, houses and auxiliaries to be demolished, scattered fruit trees, and infrastructures and special facilities, and so on. The detailed survey methods are presented as follows.
(1) Household Survey
The surveyed households affected by land acquisition and resettlement cover three categories: land acquired without resettlement, house demolition without land acquisition, and land acquired and house demolished. The affected households can also be categorized as: rural households and urban households. The survey was made by visiting each household. The village statistics entail ethnic group, age structure, education background, and employment condition.
(2) Land Survey
Based on relief map (scale 1:1000) and boundaries measured by site survey, the land area was calculated by the status of land use, ownership, and classification.
(3) Survey of Houses and Auxiliaries
Houses to be demolished were surveyed on-site household by household. The house data were recorded by the ownership and structure. Each auxiliary was also recorded.
(4) Survey of Scattered Fruit Trees
The scattered fruit trees were counted on-site distinguishing the fruit trees and other type of trees and were recorded by type and size.
(5) Survey of Infrastructure and Special Facilities
Survey on infrastructure and special facilities including roads, hydro facilities, electricity and telecommunication was conducted with information provided by each authority. The technicians and officials from each sector have participated in the on-site survey.
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3.2.2 Permanent Land Acquisition
The water treatment plant will acquire 3.15 ha of land permanently, including 1.89 ha of state-owned land (fish pond) in the Shuangyang Reservoir Area, 1.26 ha of collective land (dryland) in Yuejin Group, Shuaiwan Village, Pinghu Street. In total, 13 rural households or 48 persons will be affected. In addition, the pumping station will acquire 221 m2 of state enterprise land owned by the Project owner, SWB, for the past ten years, therefore no compensation and other issues will be involved.
For the fish pond to be acquired, it is owned by the SRAO. Two (2) workers of the total 720 full-time employees in (SRAO) will be affected.
3.2.3 Temporary Land Occupation
The Project will acquire 0.55 ha of state land owned by the SRAO, and 7.04 ha of collective land. About 90 rural households will be temporarily affected, totalling 448 persons. The impact period will be one year. Details are provided in Table 3.1.
Table 3.1 Temporary Occupation of Collective Land No Name of Affected Area Affected APs Dryland Mountain Vegetable TOTAL HHs (no) (no) (ha) Forest Land Land (ha) (ha) (ha) 1 Yuejin Group, Shuaiwan 30 158 1.87 1.87 Village, Pinghu Street 2 Heping Group, 25 125 2.2 0.1 2.3 Shuangqiao Village, Pinghu Street 3 Nanqiao Group, Qianjin 15 65 0.45 0.22 0.67 Village, Yunshan Street 4 Chaoyang Group, 5 25 0.88 0.88 Shuangqiao Village, Pinghu Street 5 Miaopu Group, 15 75 0.99 0.33 1.32 Shuangqiao Village, Pinghu Street 6 Total 90 448 6.39 0.1 0.55 7.04
3.2.4 Houses and Auxiliaries to Be Demolished
In total, two (2) urban households with 5 persons will be relocated under this project. Of which, one (1) household is in the area of the Shuangyang Reservoir1, and 75 m2 of residential houses and 34 m2 of simple structure of storage house will be demolished, and another one (1) household with 3 family members living in Nangang Community, Yunshan Street whose house will be affected also. The house is very old and near the water transmission pipeline. During the excavation of water
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transmission line, the house and auxiliary will be damaged which might need to be rebuilt. The total area of the house is 84 m2 (brick and wood structure). See Table 3.2 for the impacts of house demolition and auxiliaries to be affected.
Table 3.2 Houses and Auxiliaries to Be Demolished Item unit Quantity Affected Households No. 2 Affected Population No. 5 Houses m2 193 Of which: brick and wood structure m2 159 Simple structure m2 34 Fence m2 10 Scattered trees No. 30 Fruit trees No. 5 Well No. 1 Simple toilet No. 1 Cement terrace m2 30
3.2.5 Affected Business
For the relocated household in the affected area of the Shuangyang Reservoir whose business (restaurant) will also be affected by the Project. The demolished area of the restaurant is 190 m2, of which 145 m2 is brick and wood structure, and 45 m2 is simple structure. In total, 6 employees will be affected, including 3 temporary workers. Of the total affected employees, 3 are males and 3 females. Demolition of the restaurant will affect the income of the business and employees. When the restaurant is rebuilt at the place where SRAO designates, the income of the business and employee will be recovered. Table 3.3 provides information on the impact of the demolition and associated auxiliaries.
Table 3.3 Restaurant and Auxiliaries to Be Demolished Item Unit Quantity Structure Demolition m2 190 Brick and wood m2 145 Simple structure m2 45 Scattered Trees No. 20 Hand-Pumped Well No. 1 Simple Outdoor Toilet No. 1
1 For the relocated household whose family-based business (restaurant) will also be affected.
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3.2.6 Affected Ground Attachments
During the construction period, the ground attachments2 could be affected. The affected ground attachments are presented in Table 3.4.
Table 3.4 Affected Ground Attachments Item Unit Quantity 10kV pole No. 2 380V wood pole No. 1 Transformer（400kVA） No. 1 Large trees (above 30 cm） No. 35 Gravel road M2 264 Mud tomb No. 4 Machine-pumped well No. 5 Small trees No. 500 Village gravel road M2 260
3.2.7 Affected Population
The people affected by the Project are from five (5) groups, four (4) villages/community under two (2) street committees of the Shuangyang District, and some APs live near the Shuangyang Reservoir.
In total, 1.26 ha of collective land will be acquired permanently, and 48 persons will be affected, including 20 labourers.
Houses of two (2) urban households with 5 persons will be demolished, including one (1) household whose house plot that will be affected by permanent land acquisition and one household whose house plot will be affected by temporary land occupation. The total area of house demolition is 193 m2.
The structure of one (1) restaurant will also be demolished3, and the business house plot will also be affected by permanent land acquisition. The total area of house demolition is 190 m2, and 6 employees will be affected.
For temporary land occupation, 0.55 ha of state land and 7.04 ha of collective land will be affected. The affected rural populations are 448 persons.
In total, 507 persons will be affected by the Project, including 48 persons by
2 The ground attachments include infrastructure and special facilities. 3 The owner of the restaurant is also the owner of the house to be demolished in the area of the Shuangyang Reservoir.
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permanent land acquisition, 5 persons by residential house demolishment, 6 workers by the business house demolishment, and 448 persons by temporary land occupation.
3.2.8 Vulnerable Groups
Based on the results of the survey, no vulnerable group has been identified in the Project affected area.
3.3 Impact Analysis
Due to the Project construction, the original production system in the project area will be slightly affected, and the livelihood of the 13 households will be affected. First, it will cause the loss of land resources, 48 persons, including 20 females, will lose certain proportion of their land resources they rely on. Second, it will cause partial loss of farmland and decrease food production of the APs. According to the estimate, the annual grain loss will total 11.34 tons. However, in general, the farmland resources are relatively abundant in the Project area, the loss of farmland will not result in great pressure on local farmers for self-subsistence food supply. The loss of land resources will reduce about CNY 11,970 annual agricultural income directly. However the income loss due to the permanent land loss only accounts for 0.8% of the total agricultural income of the affected village, it is expected that the impacts on the income of the affected village are minor. Special attention should be paid to the 13 affected households with over 20% land to be acquired and require alternative income rehabilitation measures.
Of the 48 affected rural population, women account for 42% (20 persons). All of them are engaged in agricultural farming. As agricultural farming is more mechanized in the project affected area which has released women from labor intensive farming activities, women currently perform the same farming activities as men. As only small proportion of farmland will be acquired by the project, it is expected that the impacts on women will be the same as men and insignificant. To mitigate any impacts on them, special attention will be paid on their special needs to ensure that they will equally benefit from the project in addition to the livelihood and income rehabilitation measures.
After the Project is built, the economic development and living condition of the Shuangyang District will be increased, investment condition will be improved, economic growth of rural villages will be promoted. All these will contribute to increase the living standards of the APs. The Project benefits will accrue to women
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the same as men.
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4. Legal Framework and Policies
4.1 Applicable LAR Laws, Regulations and Policies
The PRC has well developed laws, regulations, and procedures for handling land acquisition, demolition, compensation and resettlement arising from the construction of infrastructure projects. According to Chinese law, 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. In the case of this Project, the land acquisition, resettlement and compensation will be carried out in line with laws and regulations and policies issued by the Government of China (GOC) and local governments and meet the requirements of ADB’s Policy on Involuntary Resettlement.
The Chinese laws and regulations applicable to the land acquisition, resettlement and compensation of the Project are summarized in the following sections.
4.1.1 Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration, issued by State Council, October 2004
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.
Article 13: Properly resettling farmers whose land is acquired. People’s Governments at the county level and above shall formulate concrete measures to
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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 land to continue farming. The labour 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.
Article 14: Improving land acquisition procedure. In the land acquisition process, attention shall be paid to respecting the ownership of collective land and the land contract of farmers. The purpose, location, compensation and resettlement sites of the land acquisition shall be announced to the farmers concerned, before the land acquisition proposal is submitted for approval. The results of the status survey of the land to be acquired shall be verified with the rural collective and the farmers concerned. If necessary, the land resource department shall organize public hearings according to law. Documentation on information to and verification by the farmers concerned should form an essential part of the land acquisition submission. A mediation and arbitration mechanism shall be set up or strengthened to resolve disputes arising from land acquisition, so as to protect the legal rights of land-losing farmers and land users. All land acquisition proposals, except for special circumstances, shall be made public.
Article 15: Strengthening supervision and management of the land acquisition process. In case compensation and resettlement is not properly implemented, use of the acquired land shall be prohibited. The provincial government shall formulate standards for the distribution of land compensation fees within the rural collective organizations, based on the principle that the land compensation fees shall be used for the farmer households whose land is acquired. The rural collective organization shall make the information on the revenues and allocation of the land compensation fees available to its members, and receive their supervision. The agriculture, civil affairs and other departments shall strengthen the supervision over the allocation and use of the land compensation fees within the rural collective organization.
4.1.2 Land Administration Law of PRC, 1998
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
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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.
ARTICLE 10: Land owned by farmer collectives to be lawfully used for non-agricultural construction shall be registered and recorded by people's governments at the county level, which shall, upon verification, issue certificates to confirm the right to the use of the land for such construction.
ARTICLE 14: Land owned by farmer collectives shall be operated under a contract by members of the economic organizations of the farmer collectives for crop cultivation, forestry, animal husbandry or fishery. The land contract is 30 years. Within the duration of the contract for operation of land, any appropriate readjustment of the land between individual contractors shall be made with the agreement of at least two-thirds of the members of the villagers assembly or of the representatives of villagers and submitted to the township (town) people's government and the agriculture administration department of the people's government of the county for approval.
ARTICLE 24: The People’s Government at all levels should strengthen the management of land use plan, and control the gross amount of construction land.
ARTICLE 31: The State protects farmland, and strictly controls the conversion of farmland into non-farmland.
The State adopts compensation system for farmland acquisition. Non-agriculture construction project acquires farmland with approval, should follow the principle of ‘how many acquired, and how many reclaimed’, the land acquisition unit should reclaim equivalent farmland acquired. If the conditions for land reclamation are not allowed or the reclamation of farmland can not meet the standards, farmland reclamation fee should be paid in accordance with the provincial, autonomous region and municipal prescripts, which should be used to reclaim new farmland as special fund.
ARTICLE 42: For land damage caused by earth excavation, collapse and occupation, the land use unit and individual should be responsible for land reclamation in accordance with the national regulations. If there is no reclamation condition or the reclamation can not meet the request, the land use unit and individual should pay the land reclamation fee. The reclamation of land should be used for agriculture as priority.
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ARTICLE 47: Land acquired shall be compensated for on the basis of its original purpose of use.
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 to ten 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 of the unit the land of which is acquired. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to six 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.
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.
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.
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.
If land compensation 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.
ARTICLE 48: Once a plan for compensation and resettlement subsidies for acquired land is decided on, the local people's government concerned shall make it known to
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the general public and solicit comments and suggestions from the collective economic organizations, the land of which is acquired, and the farmers.
ARTICLE 49: The rural collective economic organization, the land of which is acquired, shall accept supervision by making known to its members the income and expenses of the compensation received for land acquisition.
The compensation and other charges paid to the unit for its land acquired is forbidden to be embezzled or misappropriated.
ARTICLE 50: Local people's governments at all levels shall support the rural collective economic organizations, the land of which is acquired, and the farmers in their efforts to engage in development or business operation or to start enterprises.
ARTICLE 54: The construction unit should pay for the use of state land. But the construction land listed below could be obtained through land transfer upon the approval of the People’s Government above county level.
(1) Land use by the State departments and military affairs; (2) Land use for urban infrastructure and public welfare; (3) Land use for energy, transportation and hydro infrastructures supported by the State; (4) Other land use regulated by laws and administrative rules.
ARTICLE 57: Where land owned by the State or by farmer collectives needs to be used temporarily for construction of projects or for geologic prospecting, the matter should be subject to approval by the land administration departments of people's governments at or above the county level. However, if the land to be temporarily used is located in the area covered by urban planning, the matter shall be subject to agreement by the urban planning administration department concerned before it is submitted for approval. The land user shall, depending on who owns the land and who has the land-use right, enter into a contract for the temporary use of the land with the land administration department concerned, or the rural collective economic organization, or the village committee and pay compensation for it in accordance with the provisions of the contract.
The temporary land user shall use the land for purposes stipulated in the contract for temporary use of the land and may not build permanent structures on it.
Generally, the period for temporary use of land shall not exceed two years.
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4.1.3 Temporary Regulations of Farmland Occupation Tax for PRC, 1987
Article 2: Farmland in the regulation means the land used for crop cultivation. If land acquired was used for crop cultivation within 3 years, it is also called farmland.
Article 3: Both unit and individual should be responsible to pay farmland occupation tax (thereafter called taxpayer) for house construction or non-agricultural construction. They should pay farmland occupation tax in accordance with the regulation.
Article 4: Farmland occupation tax should be calculated based on the actual area of farmland occupation. The amount of tax should be collected in one-time payment.
Article 5: The amount of farmland occupation tax should be prescribed as follows:
(1) Take county as a unit (same as follows), for the area that the average farmland area is less than one (1) mu per capita, the tax should be CNY 2 to CNY 10 per square meter; (2) For the area that the average farmland ranges from one (1) to two (2) mu per capita, the tax should be CNY 1.6 to CNY 8 per square meter; (3) For the area that the average farmland ranges from 2 to 3 mu per capita, the tax should be CNY 1.3 to CNY 6.5 per square meter; and, (4) For the area that the average farmland is more than 3 mu per capita, the tax should be CNY 1 to CNY 5 per square meter.
Article 9: Farmland occupation tax should be collected by finance department. The LAB should inform timely all finance departments at the same time upon approval of land occupation for unit and individual. The unit and individual should declare and pay tax to finance department with the document approved by LAB above county level. The LAB will transfer the land to unit and individual based on the receipt of tax payment or approval document for land acquisition.
4.1.4 Urban House Demolition Management Regulation of PRC, 2001
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 period.
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.
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ARTICLE 24: The amount of cash 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.
ARTICLE 25: If the property exchange option is chosen, the acquiring unit and the property owner shall calculate the price of the demolished building and the price of the exchange building in accordance with Article 24, and settle any price difference.
ARTICLE 28: The acquiring unit shall provide the exchange building for resettlement according to national quality and safety standards.
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 owners and tenants use temporary accommodation provided by the acquiring unit, no temporary transition allowance is necessary.
The standard of the resettlement allowance and temporary settlement allowance will be regulated by the people’s government of the province, autonomous region or in municipality directly under the Central Government.
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.
ARTICLE 33: The acquiring unit shall compensate for production stoppage and business disturbance to any non-residential building.
4.1.5 Management Regulations for Urban House Demolition of Changchun City, August 1st 2004
Article 25: For house demolition, the house demolition contractor should pay compensation to house owners or house tenants in accordance with regulations stipulated in this law.
To demolish temporary structure that is not exceeding the authorized deadline for the use, the house demolition contractor should pay compensation at the rate of cost recovery plus the remaining period for usage.
Illegal houses and temporary structure exceeding the authorized deadline for usage should not be compensated.
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Article 26: Compensation fund of house demolition must be deposited in a special account.
Compensation fund of house demolition should be deposited at full amount no less than regulated compensation amount. All of the fund should be used for compensation and can not be used for other purposes.
The City House Demolition Administration Department should strengthen the supervision on the usage of compensation fund.
Article 27: The Compensation can be paid in cash or house property right exchange.
The house owners can choose the property right exchange as compensation, except the following conditions:
(1) When demolishing the auxiliaries of non-public houses, no house proper right exchange shall be given, only cash compensation shall be paid to the owners by the house demolition contractor;
(2) When the house owner and the house tenant can not reach agreement on the termination of the lease, the house demolition contractor should provide property right exchange house to the house owner. The house under property right exchange should be rented by the original house tenant, and the house owner should sign a new house-leasing contract with the original house tenant.
Article 28: The compensation rate should be determined by the market price of real estate appraisal by taking into the consideration of location, usage, area, structure, floor level, direction and age of housing.
The compensation for inner decoration of the demolished house should be agreed between the house demolition contractor and house owner. If no agreement can be reached, it can be determined through an entrusted independent party for appraisal.
The removal or installation fee of telephone, cable TV, gas and internet in the demolished house should be paid to house owner or house tenant by house demolition contractor.
The building area and usage of the demolished house will be based on the description of house property certificate. If no description, it will be based on the registered ownership of house property. If the ownership of house property is not determined, application for certification to relevant institutions can be made,
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certification fee should be paid by the house demolition contractor.
Article 29: The compensation rate for house demolition is equal to the appraisal price plus price subsidy and area subsidy.
The appraisal price for house demolition is equal to the unit price of house appraisal multiplied by building area.
Area subsidy equals to the building cost of reinforced concrete and brick house for the preceding year multiplied by the area of less than 49 m2 demolished house which will be compensated up to 49 m2.
4.2 ADB’ Involuntary Resettlement Policy
The Asian Development Bank sets out its official requirements in the Involuntary Resettlement Policy adopted in 1995. The principles of the ADB’s Policy on Involuntary Resettlement are as follows:
(i) Involuntary resettlement should be avoided where feasible. (ii) When population displacement is unavoidable, it should be minimized by exploring all viable project options. (iii) If individuals or a community must lose their land, means of livelihood, social support systems, or way of life in order that a project might proceed, they should be compensated and assisted so that their economic and social future will generally be at least as favourable with the project as without it. Appropriate land, housing, infrastructure, and other compensation, comparable to the without project situation, should be provided to the adversely affected population, including indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken for the project. (iv) Any involuntary resettlement should, as far as possible, be conceived and executed as a part of a development project or program and resettlement plans should be prepared with appropriate timebound actions and budgets. Resettlers should be provided sufficient resources and opportunities to re-establish their homes and livelihoods as soon as possible. (v) The affected people should be fully informed and closely consulted on resettlement and compensation options. Where adversely affected people are particularly vulnerable, resettlement and compensation decisions should be preceded by a social preparation phase to build up the capacity of the vulnerable people to deal with the issues. (vi) Appropriate patterns of social organization should be promoted, and existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible. Resettlers should be integrated
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economically and socially into host communities so that adverse impacts on host communities are minimized. One of the effective ways of achieving this integration may be by extending development benefits to host communities. (vii) The absence of formal legal title to land by some affected groups should not be a bar to compensation. Affected persons entitled to compensation and rehabilitation should be identified and recorded as early as possible, preferably at the project identification stage, in order to prevent an influx of illegal encroachers, squatters, and other non-residents who wish to take advantage of such benefits. Particular attention should be paid to the needs of the poorest households and other vulnerable groups, such as indigenous peoples, and appropriate assistance provided to help them improve their status. (viii) The full costs of resettlement and compensation, including the costs of social preparation and livelihood program as well as the incremental benefits over the “without project” situation, should be included in the presentation of project costs and benefits.
4.3 Measures to Bridge Gaps between Chinese Laws and ADB Policies
Chinese laws and regulations provide land re-allocation and/or compensation at replacement value to the affected rural households. However, during actual implementation process, many villages and townships do not have surplus land available for land re-allocation. As a result, many rural households encounter the difficulties to be rehabilitated from their original production and income and become poor due to the fact that they cannot get sufficient farmland. Further, cash compensation is directly paid to the villages, with insufficient restoration measures and support for individual APs. Under this Project, the Shuangyang District PMO and SWB will follow ADB’s requirements to pay more attention to proper compensation and strengthening the rehabilitation measures to the APs. With the compensation for the loss of their lands, feasible rehabilitation measures have been carefully assessed during the RP preparation, which will be implemented by the Shuangyang District PMO in association with local governments, the APs will be ensured to restore their livelihood.
The relocation of enterprise/business caused by a project may result in the job loss of the affected workers. Laws of the People’s Republic of China only compensate for the affected enterprise/business, and accordingly require the enterprise/business to re-employ the workers. However, this is only applicable to permanent staff, not temporary workers who are normally important labor forces. As a solution, the Shuangyang District PMO and SWB will treat the temporary workers the same way as they treat the permanent workers. The Shuangyang District PMO and SWB will ensure that the temporary workers will be guaranteed by the affected enterprise/business that they will be re-employed by the same or similar
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enterprise/business. A notice will be posted in the affected enterprise/business to inform workers of this entitlement.
4.4 Document 28 to Be Operationalized under the Project
The RP is based on the relevant Chinese laws and policies, in particular the Document 28, for compensation principles, compensation standards, cost estimates, transparency and public notification. The relevant laws and regulations will be operationalized during the resettlement implementation. Table 4.1 tabulates how the Document 28 will be operationalized under the Project.
~ 39 ~ Shuangyang Water Supply Project Resettlement Plan Table 4.1 Document 28 to Be Operationalized under the Project Article Document 28 Document 28 to Be Operationalized under the Project Article 12: Improving People’s Governments at the county level and above shall adopt practical The RP was prepared based on the relevant Chinese laws and policies, including Document land acquisition measures to ensure that the farmers whose land is acquired shall not be made 28, Land Administration Law of PRC, Implementation Regulation for Land Administration compensation practice worse off. It should be ensured that land compensation fees, resettlement Law of PRC, Protection Regulation of Basic Farmland, Temporary Regulation of Farmland subsidies and compensation for ground attachments and standing crops shall Occupation Tax for PRC, Urban House Demolition Management Regulations of PRC, be provided in accordance to applicable laws and regulation in full and in time. Management Regulations for Urban House Demolition of Changchun City, and ADB’s involuntary Resettlement Policy. The objective of the RP is to ensure that the APs shall improve their standards of living, or at least shall not be made worse off. The PMOs and IA will ensure that land compensation fees, resettlement subsidies and compensation for ground attachments and standing crops will be provided in accordance to applicable laws and regulation in full and in time under the internal and external monitoring.
If the land compensation fees and resettlement subsidies as stipulated by law The land compensation and resettlement subsidies totals at 16 times of AAOV, which should still cannot be able to maintain the original standards of the land-losing farmers be sufficient to maintain the original standards of the land-losing farmers. In case it is not and are not adequate to cover the social insurance costs of the landless sufficient during the RP implementation, the provincial government will provide approve of an farmers, the provincial government shall approve an increase in the increase in the resettlement subsidies. If the sum of the land compensation fees and 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 resettlement subsidies has reached the legal upper limit but still cannot living standards of the farmers, the Changchun Government can provide additional subsidies maintain the original living standards of the farmers, the local government can with the use of the revenues from the sales for the use of state land. 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 Under current practice, the provincial government formulates and publicizes the standards output or regional land prices for land acquisition in the cities and counties annual output or regional land prices for land acquisition in the cities and counties under the under the provincial jurisdiction. Land acquisition compensation shall be kept provincial jurisdiction. The land acquisition compensation is kept identical for identical quality identical for identical quality of land in same locality. of land in same locality. The full costs of land acquisition for national key development projects shall be The full costs of land acquisition for the project have been included in the overall project included in the overall project budget. budget Article 13: Properly People’s Governments at the county level and above shall formulate concrete The project construction will only cause partial land loss to the affected farmers, none of resettling farmers whose measures to guarantee the long-term livelihood of the farmers whose land is them will become landless. Based on the consultation and agreement with the APs, the land is acquired. taken. The farmers shall be given stocks for land-taking projects that have long-term livelihood and rehabilitation measures will be implemented under the project, stable revenues. In a prescribed urban zone, the local government shall place which include: i) the Project owner will give the APs priority to be employed in the activities of the farmers who are made landless because of land acquisition in the urban the project construction and operation; ii) land compensation will be used for agricultural employment system, and set up a social insurance system for them. If the rehabilitation measures to the APs with the agreement of 2/3 villagers: i.e. application of acquisition of collective land takes place outside the prescribed urban area, the scientific farming, increased investment in agriculture production, diversification of high-value local government shall set aside essential farmland within the administrative crops, development of farmland reserve; and iii) resettlement subsidy paid to the APs will be area or assign suitable jobs. Resettlement in distant areas should be used as seed capital for production development measures to increase income of APs, such considered for farmers who can no longer have adequate land to continue as greenhouse development and animal breeding. farming. The labour 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. Article 14: Improving In the land acquisition process, attention shall be paid to respecting the In the land acquisition process, attention will be paid by the PMOs and SWB to respecting land acquisition ownership of collective land and the land contract of farmers. the ownership of collective land and the land contract of farmers procedure The purpose, location, compensation and resettlement sites of the land The purpose, location, compensation and resettlement sites of the land acquisition have acquisition shall be announced to the farmers concerned, before the land been announced to the APs throughout the public consultation process, such as community acquisition proposal is submitted for approval. meetings, distribution of Resettlement Information Booklet, disclosure of the RP. The results of the status survey of the land to be acquired shall be verified with The results of the land survey have been verified by the PMO and SWB with the rural the rural collective and the farmers concerned. If necessary, the land resource collective and the farmers concerned. Documentation on information to and verification by department shall organize public hearings according to law. Documentation on the farmers concerned will be sent to the land administration bureau as part of land information to and verification by the farmers concerned should form an acquisition submission. ~ 40 ~ Shuangyang Water Supply Project Resettlement Plan Article Document 28 Document 28 to Be Operationalized under the Project essential part of the land acquisition submission. A mediation and arbitration mechanism shall be set up or strengthened to A localized grievance procedure, including mediation and arbitration procedure and resolve disputes arising from land acquisition, so as to protect the legal rights of mechanism has been established to resolve disputes arising from land acquisition, so as to land-losing farmers and land users. protect the legal rights of land-losing farmers and land users All land acquisition proposals, except for special circumstances, shall be made Land acquisition proposal for the project has been made public through community meetings public. Article 15: Strengthening In case compensation and resettlement is not properly implemented, use of the In case compensation and resettlement is not properly implemented, use of the acquired supervision and acquired land shall be prohibited. land will be prohibited or stopped by the Changchun Municipal Government and ADB management of the land The provincial government shall formulate standards for the distribution of land The land compensation fees will be used for the farmer households whose land is acquired. acquisition process compensation fees within the rural collective organizations, based on the The provincial government will formulate the standards for the distribution of land principle that the land compensation fees shall be used for the farmer compensation fees within village collectives, households whose land is acquired. The rural collective organization shall make the information on the revenues The village collective will publicize the information through the village meetings and bulletin and allocation of the land compensation fees available to its members, and board on the revenues and allocation of the land compensation fees available to the receive their supervision. The agriculture, civil affairs and other departments villagers, and receive their supervision. The agriculture, civil affairs and women’s federation shall strengthen the supervision over the allocation and use of the land will be included in the project leading group to supervise over the allocation and use of the compensation fees within the rural collective organization. land compensation fees with the village collective
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4.5 Compensation Standards
4.5.1 Eligibility
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 house buildings 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 type of loss and quantities as well as the cut-off date of the government within the completion date of the construction map and investigation; or due to the temporary impact during the construction phase. The newly cultivated land and newly built houses shall not be compensated after the cut-off date.
4.5.2 Compensation Principles
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, legal and illegal, are to be taken into consideration and accounted for, if there is any identified in the project affected area; (iii) The per-capita land holding after land acquisition will be sufficient to maintain the previous livelihood standard; (iv) Where land allocation per-capita is not sufficient to maintain the previous livelihood standards, other income generating activities will be provided for; (v) A preferential policy will be provided to vulnerable groups in such things as compensation, housing assignment, transfer and employment, if there is any identified in the project affected area; (vi) All the APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans and project timing; and,
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(vii) Close monitoring and timely actions will be carried out to identify and resolve any problems.
4.5.3 Compensation Standards
The resettlement compensation rate was determined in accordance with the relevant laws and regulations of PRC, Jilin Provincial Government, Changchun People’s Government and ADB, which was the result of joint consultation with the representatives of the APs (including women) and local government. The Shuanyang District PMO and SWB will ensure that land compensation fees, resettlement subsidies and compensation for ground attachments and standing crops will be provided in accordance to applicable laws and regulations in full and in time. The compensation standards for various losses are presented in Table 4.2, Table 4.3 compensation rate for temporary land occupation, Table 4.4 compensation rate for house demolition, Table 4.5 relocation allowance, and Table 4.6 compensation rate for auxiliaries and ground attachments.
Table 4.2 Compensation Rate for Permanent Land Acquisition Type Average Average Compensation Multiplier Compensation Rate (CNY/ha) of Output Output (Times) Land （kg/ha） Value Land Resettle. Standing Land Resettle. Standing TOTAL (CNY/ha) Compen. Subsidy Crops Compen. Subsidy Crops Dryland 9,000 9,500 10 6 1 95,000 57,000 9,500 161,500 Fish 30,000 5 4 150,000 120,000 270,000 Pond Note: The compensation payments cover the loss of thirty year leasehold arrangements. The compensation for related taxes of land acquisition is included in the cost estimate of LAR (see Table 10.1).
The land compensation for the loss of dryland will be paid to the affected village collective, the compensation of resettlement subsidy and standing crops will be directly paid to the affected farmers. The compensation for fish pond loss will be directly paid to SRAO.
Table 4.3 Compensation Rate for Temporary Land Occupation Type of Land Average Compensation Multiplier Compensation Rate (CNY/ha) Output (Times) Value Standing Land Standing Land TOTAL (CNY/ha) Crops Recovery Crops Recovery Dryland 9,500 2 1 19,000 9,500 28,500 Vegetable Land 38,000 2 1 76,000 38,000 114,000 Mountain Land 1,500 2 1 3,000 1,500 4,500 Village Gravel Road 20CNY/m
The compensation for standing crops will be paid to the affected households. The compensation for land recovery of collective land will be paid to the contractor. Persons affected by loss of temporary land are adequately compensated to maintain
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their livelihood's for the period during which their land is required.
Table 4.4 Compensation Rate for Structure Demolition Structure Unit Compensation Rate Brick and Wood CNY/m2 800 Simple Structure CNY/m2 500
Table 4.5 Relocation Allowance Relocation allowance Unit Compensation Standard (CNY) Relocation Allowance of Resident Household 600 Allowance for Lost of Working Days Household 300 Relocation Allowance of Business No. 2,000 Allowance for Salary Loss of Employees1 Employee 1,500 Allowance of Moving Loss Household 150 Medical Allowance Person 20 Relocation Bonus2 Household 3,000 1 Note: Allowance will be paid to the employees at the rate of CNY 500 each month for the salary loss. In total, salary loss for three months will be paid at the amount of CNY 1,500 for each employee. 2 Other project experiences indicate that people may be reluctant to be relocated during the resettlement process. In order to avoid the situation happen, a relocation bonus was proposed by the IA in the RP to provide an incentive to the APs to be relocated.
The compensation for structure demolition and relocation allowance will be paid to the APs directly. For the households who will be resettled, relocation bonus will be provided to them.
Table 4.6 Compensation Rate for Auxiliaries and Ground Attachments Item Unit Compensation Standard (CNY) 1.Auxiliaires Attached with Houses Fence m2 70 Hand-Pumped Well No. 800 Simple Outdoor Toilet No. 200 Cement Terrace m2 20 Machine-Pumped Well No. 2,000 2.Ground Attachments Large Trees No. 20 Small Trees No. 3 380V Pole No. 1,000 10kV Pole No. 5,000 400kVA Transformer No. 8,000 Tomb No. 100 Machine-Pumped Well No. 2,000 Village Gravel Road m2 20
Auxiliaries attached with houses will be paid to the owners. Compensation for ground attachments, including infrastructure and special facilities will be paid to the relevant
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department or the owners.
4.5.4 Entitlement Matrix
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. It is presented in Table 4.7.
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Table 4.7 Entitlement Matrix Type of Losses Level of Impact Entitled Persons Compensation Policy & Standards Permanent land Permanent loss of state land, The affected village (groups) will be entitled to get land compensation z Land compensation will be paid in cash to the village (groups) at the rate of acquisition collective land and crops. In total, CNY 95,000/ha for dryland (13 rural households or 1.89 ha of state land (fish pond), The affected 13 rural households or 48 persons will receive cash z Resettlement subsidy will be paid in cash to the APs at the rate of CNY 48 persons) and 1.26 ha of collective land compensation for resettlement subsidy and standing crops as no farmland 57,000/ha for dryland (dryland) to be acquired could be re-allocated by affected groups. The resettlement subsidy will be z Compensation for standing crops will be paid to the APs at the rate of CNY permanently for the project used for income generation and restoration by the APs 9,500/ha for dryland z Cash compensation will be paid to the SRAO for fish pond at the rate of CNY The affected SRAO will be entitled to get cash compensation of land 270,000 compensation and resettlement subsidy for the loss of fish pond. The z The workers engaging in fish farming will be compensated for the loss of compensation received will be used for development of new fish ponds fishing activity stoppage at the rate of CNY 800/month for 3 months within the land owned by the SRAO. The workers on regular salary will get z The Project owner will give the APs priority to be employed in the activities of wage subsidy for 3 months. project construction and operation z Workers should be able to retain their jobs at the newly developed fish pond within the land owned by the SRAO z The state workers will receive the same salaries and normal bonuses from fishing; they will be guarantee jobs in the new fish pond. z The state workers will receive wage subsidy of CNY 800/month for 3 months and will receive priority for that employment at the new fish pond Temporary land Loss of use of state land and Compensation for standing crops will be paid to the APs in cash z Cash compensation will be paid to the APs: CNY19,000 for dryland, CNY occupation (90 rural collective land and crops during 76,000/ha for vegetable land, CNY 3,000/ha for mountain forest land, CNY households or 448 construction period. 0.55ha of state Compensation for land recovery of collective land and state land will be paid 200,000/ha for village gravel road persons) land and 7.04 ha of collective land to the contractors z Cash compensation of land recovery will be paid to the contractor to restore the land into its original condition at the rates of CNY 9,500/ha for dryland, CNY 38,000/ha for vegetable land, and CNY 1,500/ha for mountain forest land. z After temporary land use for one year, the land will be restored to original condition and keep the same quality for farming Residential Houses (2 With structures built thereon. 193 Cash compensation plus homestead will be provided to the APs z Provision of homestead for the 2 demolished residential houses in the urban households or 5 m2 residential house in total reservoir area to the APs at replacement value persons, of those living All users with or without legal house certificate papers including AP settled z Cash compensation for affected residential structures in the reservoir area at in the houses, all are on the land after 29/08/98 (Land Law) as long as they are included in the full replacement cost of materials and labor with no deduction for depreciation house owners) final AP list or are able to prove their occupation of affected plots before the or salvageable materials. The rates are CNY 800/m2 for brick and wood cut-off date. The cut-off date was September 30, 2004 structure, and CNY500/m2 for simple structure z Cash compensation for the temporarily affected structure at full replacement Provisions will be made to the APs for materials, and relocation allowance value for the demolished house in the Nangang Community of Yunshan Street. The rates are CNY 800/m2 for brick and wood structure z The APs can re-use the construction materials of their old houses z All relocating APs will be entitled to cash compensation to transport household effects, transport salvaged and new building materials to resettlement sites. z Cash compensation will be paid to the residential house owners and business owner for relocation allowance of business at CNY 600/household for relocation allowance, CNY 300/household for lost of working day allowance, CNY 150 for relocation loss, CNY 20/person for medical allowance, and CNY 3,000/household for relocation bonus
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Type of Losses Level of Impact Entitled Persons Compensation Policy & Standards Commercial house (1 With structures built thereon. 190 Cash compensation plus business land within the reservoir z Provision of replacement business land of equivalent size, at a location restaurant) m2 restaurant. 145 m2 brick and Restaurant area will be provided to the restaurant owner satisfied to the AP wood structure and 45 m2 simple owner z Cash compensation for affected structures at full replacement cost of structure in total All users with or without legal house certificate papers materials and labor with no deduction for depreciation or salvageable including AP settled on the land after 29/08/98 (Land Law) as materials. The rates shall be CNY800/m2 for brick and wood structure and 6 employees will be affected, long as they are included in the final AP list or are able to CNY 500/m2 for simple structure including 3 full-time employees and prove their occupation of affected plots before the cut-off z Cash compensation will be paid to the business owner for the profit losses for 3 temporary employees, and 3 date. The cut-off date was September 30, 2004. each month of business stoppage, if required (note: the plan is to relocate the males and 3 females) restaurant during the closed tourist season. The Project will not affect the income of the restaurant z Cash compensation for the simple house at CNY 500/m2 z The APs can re-use the construction materials of their old houses All of full-time and temporary Employees Salary or wage loss will be paid to the affected employees z Both the permanent and temporary workers will be compensated for the salary employees will be compensated in each month based on the period of business stoppage or wage loss at the rate of CNY 500/month during business stoppage. In total, cash for the loss of salary 3 months salary loss will be provided to the workers. z Workers should be able to retain their jobs at the newly built restaurant; otherwise, the municipality will assist them to find new employment Auxiliaries and Ground Auxiliaries attached with houses: Owner z Compensation should paid at replacement value, OR Attachments 10 m2 fences, 50 scatter trees, 5 z Compensation to move the facility, OR fruit trees, 1 hand-pumped well, 1 z Repair the facility by contractor to original or better condition machine-pumped well, 2 simple z Cash compensation for auxiliaries attached with houses: CNY70/m2 for outdoor toilet, 30 m2 cement fence, CNY 800/each for hand-pumped well, CNY 200/each for simple terrace outdoor toilet, CNY 20/m2for cement terrace, and CNY 2,000/each for machine-pumped well Ground Attachments: 2 10kV z Cash compensation for ground attachments: CNY 20/each for large tree, electricity pole, 380V wood pole, 1 CNY3/each for small tree, CNY 1,000 for 380V wood pole, CNY1,000 for 400kVA transformer, 35 large 10kV electricity pole, CNY 8,000 for 400kVA transformer, CNY100 for tomb, trees, 260 m2 village gravel road, 5 CNY20/m2 for gravel road and CNY 2,000 for machine-pumped well machine-pumped wells, and 500 small trees Measures for Income 1.26 ha of collective land (dryland) z The Project owner will give the APs priority to be employed in the activities of Restoration affecting 13 rural households or 13 rural households project construction and operation 48 persons z Land compensation will be used for agricultural rehabilitation measures with the agreement of 2/3 villagers: i.e. application of scientific farming, increased investment in agriculture production, diversification of high-value crops, The affected will receive cash development of farmland reserve. compensation of land z Resettlement subsidy will be used for production development measures to compensation and resettlement increase income of APs, such as greenhouse development and animal subsidy for the loss of fish pond. breeding The compensation received will be used for development of other fish ponds within the land owned by the SRAO Loss of 1.89 ha of state land (fish 2 full-time state workers z The compensation received will be used for development of other fish ponds pond) will affect SRAO and 2 state within the land owned by the Shuangyang Reservoir Administration Office workers z The state workers will receive the same salaries and normal bonuses from fishing; they will be guarantee jobs in the new fish pond. z The state workers will receive wage subsidy of CNY 800/month for 3 months and will receive employment at the new fish pond
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Type of Losses Level of Impact Entitled Persons Compensation Policy & Standards Training In total, 48 persons will receive training organized by the VCs in association z Training will be provided to the APs, i.e. cultivation and animal breeding by with Shuangyang PMO and SWB technicians z Compensation will be paid in cash to the training institutions with a budget at CNY 30,000.
Grievance Property indexes, compensation Aps who involved in making appeal and grievance for the settlement of land z The APs will be exempted from various kinds of fees involved in making standards, compensation payment, acquisition and resettlement issues complaints and claims for land acquisition and resettlement issues resettlement payment, resettlement and rehabilitation measures Office administration Operating costs of offices for LAR Respective offices involved in LAR implementation z Compensation will be in cash to the respective offices responsible for LAR Cost implementation implementation with a budget of CNY 26,900 Investigation and Land Survey of all property indexes The design institute involved in the design and land survey of LAR z Compensation will be paid to the design institute in cash with a budget at CNY Survey Fees 9,800 External Monitoring and Implementation schedule of LAR, The IMA involved in the external M&E z Compensation will be paid to the IMA in cash with a budget at CNY 26,900 Evaluation fund disbursement and usage, and rehabilitation of APs’ livelihood and income
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5. Resettlement and Rehabilitation Plan
5.1 Resettlement Strategy
5.1.1 Objective of Resettlement Program
The overall objectives of the resettlement program are for the affected people to be offered with livelihood opportunities, for the labour 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.
5.1.2 Principles of Resettlement and Rehabilitation Plan
The resettlement plan should be based on maximizing resource utilization and economic benefits, with multi-channels and multi-levels. In accordance with the relevant national laws and regulations and the ADB’s Policy on Involuntary Resettlement, the basic principles of the resettlement plan are as follows:
(1) Land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing a series of design alternatives;
(2) Land temporarily occupied and the period for disruption are to be kept to a minimum;
(3) 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.
(4) Adequate compensation should be provided to allow APs to at least maintain their pre-project standards.
(5) The resettlement plan should be prepared and implemented in accordance with state 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.
(6) The APs should be consulted for the development of the resettlement plan and for the compensation rates.
(7) Agriculture-based resettlement should be used as the primary option for rural farmers.
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(8) Resettlement plan should be coordinated with such things as regional development, resource exploitation, economic development and environmental protection. Practical and feasible measures should be formulated to restore and improve livelihood of the affected population, and provide necessary enabling conditions to the APs for self-development.
5.2 Livelihood and Production Rehabilitation Plan
5.2.1 Tasks of Livelihood and Production Rehabilitation Plan
The number of people needing production rehabilitation is presented in Table 5.1.
Table 5.1 Number of People Needing Production Rehabilitation Plan SC Name of Group and Village Type of Land Impacts Actual Affected Population Population (No.) Needing Rehabilitation (No.) Pinghu Yuejin Group, Shuaiwan Village Permanent LA 48 48 Temporary LA 158 Pinghu Heping Group, Shuangqiao Village Temporary LA 125 Pinghu Chaoyang Group, Shuangqiao Village Temporary LA 25 Pinghu Miaopu Group, Shuangqiao Village Temporary LA 75 Yunshan Nanqiao Group, Qianjin Village Temporary LA 65 Yunshan Nangang Community Temporary LA 3 Shuangyang Reservoir Permanent LA 8 Administration Area
5.2.2 Resettlement Plan
Two (1) households including one (1) business to be resettled within the area of the SRAO are employees of the SRAO. After consulting with the officials of the SRAO, house plots will be provided to the affected households by the Office within the reservoir area. The Shuangyang District PMO and SWB will provide the APs with cash compensation for lost structures.
The business to be permanently affected within the tourist spot area of the SRAO is a restaurant. The business of the restaurant has seasonal characteristics. The annual operating period is 4-5 months. The Shuangyang District PMO has consulted with the SRAO. Once the land use agreement is signed, the SRAO will finalize the selection of the site for the restaurant as soon as possible. It is planned that the restaurant will be relocated during the closed tourist season and assistance will be provided to the APs to construct the business building before the arrival of tourist season. Therefore, the project will not affect the income of the restaurant. To compensate the losses of the business, provision of replacement business land of equivalent size will be provided to the APs. Cash compensation will be provided to the demolished
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structures at the rate of CNY 500/m2. Both the permanent and temporary workers will be compensated for the salary or wage loss at the rate of CNY 500/month during business stoppage. In total, 3 months salary loss will be provided to the workers. Workers should be able to retain their jobs at the newly built restaurant; otherwise, the municipality will assist them to find new employment.
One (1) household in Nangang Community of Yunshan Street will be affected by the Project. Because the house is located quite close to the road, the construction of the water pipeline might cause damage to the house. After the pipeline is completed, the house will be moved 4-5 m backward from the former site, and will be rebuilt.
5.2.3 Agriculture Resettlement Plan
5.2.3.1 Analysis of Environmental Capacity
The Shuangyang District is located at the southeast of Songliao Plain, with semi-humid monsoon climate of northern temperate zone, distinctive four seasons, and rich soil suitable for crop cultivation. In total, there are 357 households in the Shuaiwan Village to be affected by permanent land acquisition, the affected population is 1,297, including 685 males and 612 females. The total farmland area of the village is 153 ha. The annual total output value is CNY 5.3 million, the annual income per capita is CNY 2,200, and annual expenditure per capita is CNY 1,800. The permanent land acquisition in the Shuaiwan Village is 1.26 ha, accounting for 0.8% of farmland of the village. The impact of permanent land acquisition by the project is believed to be very low, therefore with the application of scientific farming, increased investment on agriculture production, diversification of high-value crops, development of farmland reserve, the production level and output of the land will be increased. The natural conditions of the village will be conducive to the resettlement.
The geological location, land utilization, cultivation structure of crops and income of local residents were examined. Extensive consultations were held with the APs and representatives of the villagers. The preferences of the APs were solicited. Based on the above, the Shuangyang District PMO will provide cash compensation and/or production restoration measures to the affected households, including adjustment of agricultural structure, diversification of high-value crops, the science & technology investment and agricultural output capacity building. The resettlement subsidy and compensation for standing crops will be paid in cash directly to the affected households. The compensation for land will be paid to the village collective. The resettlement plan is finalized in agreement with the affected people. In case disagreements would arise, further consultations will be held.
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5.2.3.2 Income Restoration Measures for Farmers
The permanent acquisition of collective land under this Project is 1.26 ha; all are farmland. The affected population by permanent land acquisition totals 48 persons, including 20 rural labourers. The permanent land acquisition involves Yuejin Group, Shuaiwan Village, Pinghu Street Committee. Table 5.2 provides the quantity of land, population and labour force to be affected by permanent land acquisition.
Table 5.2 Quantity of Land, Population and Labour Force to Be Affected by Permanent Land Acquisition Item Shuaiwan Village Current Total Area of Farmland (ha) 153 Status Total Population (No.) 1,297 Impacts Area of Permanent Land Acquisition (ha) 1.26 Affected Population (No.) 48 Degree of Farmland (％) 0.8 Impact Population (％) 3.7
The farmland of Shuaiwan Village totals 153 ha, including 35 ha of paddy field, 83 ha of dryland, 4 ha of orchard land, 1 ha of fish pond, 30 ha of vegetable land. All of the land permanently acquired by the Project is dryland owned by the village collective. Although the number of households to be affected is somewhat larger, the land acquisition is relatively small for the village. As a result of permanent land acquisition, the affected households will lose 0.026 ha of farmland per person which represents a 22% loss of their farmland, however they will still have retain most of their original land.
The impacts on production and livelihood of the affected rural households are not considered as significant. Resettlement subsidies, totalling CNY 71,820 in cash, will be provided to the affected households, in accordance with the relevant State policies without adjustment of farmland in the village. Because the affected area is close to the Shuangyang District, the demand for agricultural and sideline products is relatively high. Guidance and technical training will be provided to the APs to invest the funds into production development, such as greenhouse vegetable farming or pig-raising to mitigate the income loss. The land compensation totalling CNY 119,700 will be paid to the village collective for improving the infrastructure of villages, including roads and water facilities.
Of the 13 households affected by permanent land acquisition, eight will lose more than 10 percent of their land, and five will lose more than 20% of their land. In August 2004, the Resettlement Working Group visited the affected village, discussed the resettlement plan with the affected households. Based on opinions of the APs and
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actual situation of the project affected area, it was determined that no land will be adjusted in each group or village for all the affected households. Emphasis will be given to the structural adjustment of agricultural production, and increasing the land utilization ratio. Currently the existing productivity of the dryland in Shuaiwan Village is 600 kg/mu. Through the improvement of crop varieties to increase the output of the residual land, it is estimated that the production output can reach 700 kg/mu, which can restore the incomes of the 8 affected households. At the same time, structure adjustment, for instance, greenhouse vegetable farming and pig-raising can restore incomes for the five (5) more seriously affected households. Combined with the resettlement subsidy provisions to the APs, the mitigation measures are believed to be able to increase the production and living conditions of the APs.
According to preliminary estimates, the annual net income for vegetable farming is CNY 5,877/mu, much higher than the current income of corn cultivation at CNY 650/mu). Based on the result of a comparative analysis of neighbouring villages, the input and output of the vegetable farming and pig farming was estimated, which are presented in Table 5.3 and Table 5.4, respectively.
Table 5.3 Input and Output of Greenhouse Vegetable Farming No. Item Annual Costs Remark and Earnings (CNY/mu) 1. Input 4,303 1.1 Civil Work 9531 3.2 ton reinforced bar@CNY4,000/ton，CNY 1,500 of labour cost, about 15 years life span 1.2 Plastic Membrane 800 200 kg/year@CNY8/kg 1.3 Water & Electricity Cost 600 1.4 Fertilizer 400 1.5 Pesticide 1,200 1.6 Grass Shed 350 2. Output 10,180 2.1 Vegetable (1 crop) 1,280 800 kg/[email protected]/kg 2.2 Cucumber (2 crops) 4,900 7,000 kg/[email protected]/kg 1.3 Tomato & Beans (3 crops) 4,000 4,000 kg/[email protected]/kg Net Income 5,877 Note: The calculation formula is: [3.2 ton reinforced bar@CNY4,000/ton+CNY1,500 of labour cost]÷15 years life span.
Table 5.4 Input and Output of Pig Raising No. Item Fund (CNY/head) Remark 1. Input 435 1.1 Piglets Purchase 200 2 kg/[email protected]/kg 1.2 Feeds 235 235 kg/[email protected]/kg 2. Output 560 2.1 Sales 560 100 kg/[email protected]/kg Net Income 125 One person can raise 20 pigs for sale each year, which earns CNY2,500
The Yuejin Group of Shuaiwan Village is close to the Shuangyang City, therefore the prospect for vegetable farming and pig-raising is very promising. Based on the above
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analysis, vegetable farming and pig-raising can restore and increase the income of the affected households. The resettlement subsidy will be paid to the APs, which could be used as the seed capital to enable APs to plant new crops, livestock raising, etc. Women are more suitable for the above-mentioned employment and income generating opportunities. Actually they account for about half of the labour force, they will benefit the same from the income rehabilitation program as men.
At the early stage of land acquisition and due to the land reduction for the affected rural households, restoration measures will just start to be implemented and the economic income of the rural households will be affected at certain level. However, with the familiarities of the farmers to the change of the structure gradually, the family income would be increased stably year by year. Table 5.5 provides the income projection of the APs.
Table 5.5 Income Projection of the Affected Households 2004 2005 2006 2007 2008 2009 2010 Annual Income Per Capita (CNY/yr) 2,200 1,700 2,000 2,200 2,800 3,000 3,400
In addition to the agricultural resettlement plan, the Shuangyang District PMO and SWB will provide certain employment opportunities to the affected people at priority during the construction and operation period of the Project. During the construction period, the Shuangyang District PMO and SWB can offer some temporary employment job opportunities, such as excavation for pipeline and structures and soil and earth transportation. During the project operational period, the APs with suitable qualifications will be employed and receive on-the-job training. Women will be given priority to be employed by the project. The purchase of vegetable and food, and employment of the chefs, gate guards, drivers and other supportive staff from the affected area will also create income opportunities to the APs under this project.
5.2.3.3 Training Plan for APs
In order to build an self-reliance and self-development environment, restore or increase the living condition of APs in a short time, the Shuangyang City PMO and SWB will arrange the APs to attend the technical skill training courses including the implementation of agricultural structure adjustment, inviting experienced experts to provide training course in cultivation and animal breeding, organizing technicians from agricultural department to provide on-site guidance to improve the farming techniques, such as greenhouse vegetable farming and animal breeding. Special attention will be paid to women’s training particularly. Of the total APs to be trained, 20 persons are women. The training fund totalling CNY 30,000 is included in the total investment of the Project. The VCs will organize training courses in the meeting room of each VC or the primary and middle schools nearby during spare time with cost
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covered by SWB. The technical training will be provided to 48 APs in total.
5.2.3.4 Income Restoration Measures for Fish Pond Workers
The fish pond to be acquired by the Project is owned by the SRAO. In total, two (2) workers of the total 270 employees in the SRAO will be affected. For the loss of the fish pond, compensation for the loss will be paid to the Administration Office to develop new fish pond within the same reservoir area. The fish in the original ponds will be transferred into the new ponds. No fish production loss of fish is expected. The state workers will receive the same salaries and normal bonuses from fishing; they will be guaranteed for jobs in the new fish pond. They will receive wage subsidy of CNY 800/month for 3 months and will receive priority for the full-time employment at the new fish ponds.
5.2.4 Restoration Plan of Temporary Land Occupation
The project will acquire land temporarily for the construction of water pipeline network, of which 0.55 ha are state land and 7.04 ha collective land. The impact period will be one year. The compensation for standing crops at two (2) times of AAOV will be paid to the affected households. The compensation for land recovery of collective land and state land will be paid to the contractor to restore the land into its original condition as before.
5.2.5 Rehabilitation of Ground Attachments
The affected auxiliaries will be compensated in cash to the APs. The infrastructure and facilities will be paid to the affected owners at the replacement prices.
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6. Organizational Structure and Responsibilities
6.1 Participating Agencies
During the resettlement implementation, the organizations involved in the resettlement plan, management, implementation and supervision of RP are as follows:
（1） Jilin PPMO （2） Shuangyang District Project Leading Group (PLG) （3） Shuangyang District PMO （4） Resettlement Office (RO) of SWB （5） Changchun LAB （6） Shuangyang District LAB （7） Changchun House Demolishment Administration Office (HDAO) （8） Pinghu and Yunshan Street Committee (SC) （9） Shuaiwan, Shuangqiao, and Qianjin Village Committee (VC) （10） China Northeast Urban Infrastructure Engineering Design and Research Institute (NUIEDRI) （11） Independent Monitoring Agency.
6.2 Organizational Structure for Resettlement Implementation
6.2.1 Institutional Arrangements
Shuangyang District PLG will be led by Mr. Zhang Lixin and consist of the officials of Planning and Reform Commission, Finance Bureau, LAB, Construction Commission, Agriculture Commission, Civil Affairs Bureau, Women’s Federation, and Water Resources Bureau of Shuangyang District, The member of the Group have profound working experience, and have successfully organized many municipal infrastructure projects involved land acquisition and resettlement. Besides, the members of the Group come from different departments with rich experience of project management to act as the coordinators and organizers.
6.2.2 Institutional Responsibilities
For successful implementation of the resettlement plan, the responsibilities of the participating organizations have been defined:
（1） Jilin PPMO
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z Perform the overall coordination and organize the project activities z Coordinate the preparation and implementation of the LAR program z Serve as a liaison between ADB and the Shuangyang District PMO and various stakeholders
（2） Shuangyang District PLG
z Lead, organize, coordinate and formulate policies for the project. z Review the implementation of the Resettlement plan. z Conduct internal supervision and inspection. z Make decision for major problems during the resettlement process.
（3） Shuangyang District PMO
z Engage the design institute to identify the scope of project impacts. z Organize the socioeconomic survey. z Apply for Land Use Planning Certificate and Land Use Construction Certificate to LAB. z Organize and coordinate the preparation of resettlement plan. z Finalize and coordinate implementation of resettlement plan according to the project construction schedule. z Disburse resettlement fund and supervise the usage. z Direct, coordinate and supervise the implementation schedule of resettlement plan. z Organize and implement internal supervision, determine independent external supervision agency, coordinate internal and external monitoring activities. z Review the monitoring report. z Coordinate the handling of the conflicts and problems during the resettlement implementation. z Report the schedule of land acquisition and resettlement, fund usage and implementation status periodically to ADB.
（4） RO of SWB
z Organize the socioeconomic survey. z Conduct measurement surveys of land acquisition and house demolition. z Organize the public consultation activities. z Coordinate and organize resettlement plan and participate in the Resettlement Plan preparation. z Implement the policies of house demolition. z Prepare documents and information to report to City HDAO for
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obtaining House Demolition Certificate. z Report to City HDAO to issue the public notice of house demolition. z Implement the relevant policies of project construction use land management. z Determine the resettlement plan and compensation standards in accordance with relevant policies, and apply for approval from relevant departments. z Apply for approval of land acquisition. z Apply for Land Use Certificate and Land Use Construction Certificate. z Implement the Resettlement plan. z Sign the land acquisition and demolition agreement with the affected households in association with local government. z Supervise the implementation of resettlement. z Manage the information of land acquisition and resettlement. z Train the resettlement staff. z Coordinate the handling of conflicts and problems during the resettlement implementation. z Settle the disputes and grievances through coordination and arbitration. z Handle the illegal action during the house demolition z Report the land acquisition and house demolition to Shuangyang District PLG.
（5） Changchun LAB
z Implement the relevant national policies of land acquisition. z Participate in the examination of compensation standards for land acquisition and auxiliaries. z Process and approve land acquisition. z Participate in socioeconomic survey. z Participate in the preparation of Resettlement Plan z Issue Land Use Planning Certificate and Land Use Construction Certificate. z Issue Public Notice of Land Acquisition. z Guide, coordinate, and supervise the implementation activities of land acquisition and resettlement. z Coordinate the handling of conflicts and problems during the resettlement implementation.
（6） Changchun HDAO
z Carry out and implement the regulations and policies related to house demolition.
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z Review the relevant documents of house demolition plan and resettlement and compensation plan, issue the house demolition certificate, and issue public notice of house demolition. z Evaluate the qualifications of house demolition agency, and issue house demolition qualification certificate. z Coordinate, supervise and inspect the house demolition activities. z Cooperate with the RO of SWB to train and examine the resettlement officers.
（7） Shuangyang District LAB
z Conduct socioeconomic survey. z Conduct measurement surveys of land acquisition and auxiliaries. z Consult with the Shuangyang District PMO and RO of SWB to form resettlement plan and in association with the Shuangyang District PMO and RO of SWB to prepare the resettlement plan. z Process the approval procedure for land acquisition. z Cooperate with the PMO to sign the agreement of land acquisition and compensation with affected villages. z Manage the information of land acquisition and resettlement activities. z Train the resettlement staff. z Coordinate the handling of conflicts and problems during the resettlement implementation of the project.
（8） Pinghu and Yunshan SC
z Participate in the socioeconomic survey. z Participate in the preparation of resettlement plan. z Supervise and examine the activities of resettlement and income restoration in village. z Report the comments and suggestions of APs to the organizations at upper level.
（9） Shuaiwan, Shuangqiao and Qianjin VCs
z Participate in socioeconomic survey and formulation of the resettlement and rehabilitation plan. z Participate in the preparation of the resettlement plan z Organize the public consultation; and publicize policies of land acquisition and house demolition. z Re-allocate land in the village. z Organize the production and income restoration activities in village. z Report comments and suggestions of APs to the organizations at
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upper level z Provide assistance to poor households
（10） China Northeast Urban Infrastructure Engineering Design and Research Institute
z Minimize the project impacts through optimizing engineering design. z Identify the scope of land acquisition impacts. z Conduct measurement survey and socioeconomic survey. z Assist to prepare the Resettlement Plan. z Provide technical consulting of data collection and processing to the Shuangyang PMO and RO of SWB.
（11） Independent Monitoring Agency (IMA)
z Provide technical consulting of land acquisition and resettlement. z Act as an IMA, provide periodic monitoring for the implementation of the resettlement plan, and provide independent evaluation report to the provincial, city and district PMOs, RO of SWB, the provincial, city and district PLG and ADB.
6.3 Monitoring Insitutions
To ensure the successful implementation of the whole resettlement plan, both internal and external monitoring institutions should supervise the implementation of the resettlement plan.
6.4 Resettlement Administration System
The organizational structure from upper level to the lower lever including the PLG to the PMO to all relevant organizations (LAB and HDAO, etc.) to affected villages to groups should be formed to ensure the smooth and successful implementation of the resettlement plan. Figure 6.1 presents the organizational structure.
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JILIN PROVINCIAL JILIN PROVINCIAL PMO
PLG
CHANGCHUN CITY PMO
SHUANGYANG SHUANGYANG DISTRICT PMO DISTRICT PLG
RO OF SWB
DESIGN & CHANGCHUN PINGHU & YUNSHAN CHANGCHUN SHUANGYANG RESEARCH IMA LAB STREET COMMITTEE HDAO DISTRICT LAB INSTITUTE
VILLAGE COMMITTEE/ STREET COMMITTEE
AFFECTED HOUSEHOLDS
Figure 6.1 Organizational Structure
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6.5 Staffing and Facilities
In order that the resettlement will operate smoothly, the responsible Shuangyang District PMO, RO of SWB and relevant organizations involved in the LAR implementation at various levels will assign competent and devoted staff to form a channel for the free flow of information from bottom-up. The staff of resettlement organization should have certain working experience in land acquisition and resettlement. The organizations will be staffed with at least 30% female cadre, and opportunity will be provided to them to play a role for resettlement implementation. Table 6.1 provides a summary of staff for the LAR implementation of the Project.
Table 6.1 Staffing for Implementation of the Resettlement Plan Resettlement Implementation Number of Qualifications Year to Organizations Resettlement Staff Start the Work Shuangyang District PLG 1 Government officer, education level 2003 above college Shuangyang District PMO 2 Government officer, engineering 2003 technicians, education level above college RO of SWB 4 Managers, officers with resettlement Sept. 2004 experiences, education level above college Changchun LAB 2 Government officer, education level Sept. 2004 above college Changchun HDAO 2 Government officer, education level Sept. 2004 above college Shuangyang District LAB 2 Government officer, education level Sept. 2004 above college Respective SC 3 SC officials Sept. 2004 Respective VC 5 Village officials Sept. 2004 China Northeast Municipal 3 Engineering technicians, education level June 2004 Engineering Design and Research above college Institute IMA 3 Professor, education level above master Mar. 2005 degree and research assistants
The project research & design institution, house demolition implementation institution and IMA will be equipped with advanced computers and relevant working experiences.
6.6 Training Plan
6.6.1 Training Plan for Resettlement Officers
Training courses should be provided to the resettlement officers for resettlement measurement survey and preparation of the resettlement plan. Topics will include PRC law and ADB’s policy on resettlement, survey method, method of the
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resettlement plan preparation, basic components of social impact assessment, contents and methods of questionnaire survey, and counselling services.
6.6.2 Training Plan for APs
In order to build an self-reliance and self-development environment, restore or increase the living condition of APs in a short time, the Shuangyang District PMO will arrange the APs to attend the technical skill training courses including the implementation of agriculture structural adjustment, inviting experienced experts to provide training course in cultivation and animal breeding, organizing technicians from agricultural department to provide on-site guidance to improve the farming techniques, such as greenhouse vegetable farming, and animal breeding. The training fund totalling CNY 29,380 is included in the total investment of the Project.
6.7 Measures of Institutional Strengthening
6.7.1 Training for Resettlement Staff
Training courses will be provided to the resettlement staff who are directly involved in the land acquisition and resettlement. The contents of the training include ADB’s policy on resettlement, laws and regulations of land acquisition and resettlement, resettlement implementation and management and so on, to increase the capacity of resettlement and policy implementation.
6.7.2 Investigation to Other ADB Projects
The PMO will organize the resettlement staff to visit other ADB projects to learn lessons and gain understanding of resettlement policy and detailed implementation measures taken.
6.7.3 Establishment of Rational Working Mechanism
Mechanisms should be established to ensure sufficient fund and equipment for the LAR implementation, increase staff working efficiency and effectiveness, establish the systems of rewards and penalties, and stimulate the enthusiasm of the resettlement staff.
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7. Public Participation
7.1 Public Participation Strategy
Great attention has been paid to public participation under the project during the planning, and RP preparation. Comments have been solicited from communities, government organizations and affected households.
7.2 Methods and Measures of Public Participation
During the preparation of the project FSR, the PMO and design institute have held various meetings with the relevant organizations and representatives of groups and villages regarding the resettlement and compensation policies. Comments and suggestions have been obtained on the selection of plant location, resettlement plan and rehabilitation plan. The RP has been prepared based on the above.
During the project implementation phase, all levels of ROs should encourage local communities to involve in the resettlement and production rehabilitation and restoration process.
7.3 Public Participation during RP Preparation
During RP preparation, all relevant organizations and representatives have participated in the following activities:
(1) During the measurement survey of land acquisition and house demolition between August and September 2004, all levels of relevant organizations responsible for resettlement, village group, representatives of villagers (including women) have been involved in the survey activities. During the survey, women were basically on the spot, they carefully checked and read the index investigation final results and signed on behalf of their families. (2) From August to September 2004, the Shuangyang District PMO and RO of SWB organized many meetings of government officials at various levels and the APs to publicize the existing national, provincial 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 generally agree with the cash compensation in accordance with the national regulations. (3) During resettlement planning period from August to September 2004, the
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PMO and RO of SWB, design institute and other relevant organizations visited each village and villager group, held meetings with participation of the village leaders and representatives of villagers to solicit their comments on location of new houses, production restoration measures, house demolition and compensation policies of land acquisition and house demolition. Appendix 1 provides the meeting summary of the resettlement consultation meetings. (4) In order to strengthen the project awareness and outreach, the PMO, RO of SWB and design institute have conducted questionnaire surveys of the APs in September 2004. The survey covered all the villages to be affected; there was extensive representation; and the result is reliable and reflects the preferences of the APs.
7.4 Women’s Participation
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 60% of women have participated in the survey on land acquisition and inventory indexes. Meanwhile, the local government organized the resettlement consultation meeting (at least 30% participants are women) and some representatives of Changchun City Women’s Federation were asked to participate in consultation meetings to fully solicit opinion of local women.
To sum up, local women are quite concern the following issues: 1) correctness of inventory physical indexes; and 2) compensation standards adopted.
7.5 Information Disclosure
7.5.1 Resettlement Information Brochure
In order to help the APs gain a good understanding of the resettlement policies and their entitled rights, the Shuangyang District PMO has prepared a resettlement information brochure (RIB) and distributed a copy of RIB to each AP on November 15, 2004. 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 house demolition; (4) basic rights and entitlements of the APs; (5) compensation rates; (6) resettlement sites; (7) income restoration plan and grievance procedure; and (8) implement schedule (see Appendix 2 for the RIB). 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
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channels (including the Shuangyang District PMO, People’s Government at city, district and county/township level and VC) and various methods (i.e. by visiting, writing letter or telephone). On November 18, 2004, a village meeting was held in Shuangqiao Village to solicit the APs’ comments on the RIB. During the meeting, the major components of the RP were discussed with the APs. Understandings have been reached between local government, PMO and village representatives, including means of compensation, standards and entitlements, notification and supervision of the disbursement of compensation fund, set up of special account for the resettlement compensation fund, all financial accounts managed by designated person, submission of indexes and quantity of land acquisition to VC by PMO, and job provisions to the APs. Appendix 3 provides the details of the meeting.
7.5.2 Distribution of the Resettlement Plan
The resettlement plan will be distributed to all affected villages in January 2005 and will be available to any one wishing to consult the document at the villages. Copies of the RP will be kept in the Project office and affected VCs or SCs. At the same time the RP will be sent to ADB for the publication on ADB’s website upon the approval by the Changchun Municipal Government (CMG).
7.6 Public Participation Plan during RP Implementation
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 RPs. 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. The public participation plan and consultation process is presented in Table 7.1.
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Table 7.1 Public Participation Plan and Consultation Process Purpose of Form of Event Timing Implementing Target Remarks Event Agencies Participants 1. Provide Community Aug – Shuangyang District All APs Meetings to be held briefings to meetings and Sept, 2004 PMO, city and district with APs in each APs on Project focus group governments, RO of village & RP. Solicit discussion RO of SWB and VCs comments or SCs from APs. 2. Disclosure Public & Nov, 2004 Shuangyang District All APs Distribution of the RIB of RIB community PMO, RO of RO of affected by to all APs to discuss meetings and SWB, city and district land concerns to RP focus group LABs, and VCs or SCs acquisition discussions and Undertook resettlement discussions with of the Project various focus groups to solicit comments & suggestions 3. Conduct Site Mar - Apr, Shuangyang District All APs Inventory of all assets final detailed investigations 2005 PMO, RO of RO of affected by and land holdings census survey and household SWB, city and district land interviews governments, city acquisition Collection of HDAO, city and district and socio-economic data LABs, and VCs or SCs resettlement of the Project 4. Present Public & Jan. 2005 Shuangyang District All APs Distribution of the draft final RP community PMO, RO of RO of draft RP to APs to to APs meetings and SWB, city and district discuss concerns & focus group government, and VCs gaps relating to RP discussion or SCs Undertake discussions with various focus groups to solicit comments & suggestions 5. Advise APs Public Apr – May, Shuangyang District All APs Household meetings of entitlements meetings 2005 PMO, RO of RO of to outline entitlements and dates of SWB, city and district disbursement government, and VCs or SCs 6．Disclose Public & Mar – Apr, Shuangyang District Stakeholders, Meetings to be held detailed community 2005 PMO, RO of RO of beneficiaries, with beneficiary design and meetings and SWB, city and district and APs population, and with updated RP to focus group government, and VCs APs APs prior to discussion or SCs submission to ADB for approval 7. Monitoring Household Sept 2005 Shuangyang District Random Identify need for of APs, interviews – Dec PMO, RO of RO of samples additional support, beneficiaries 2008 SWB, city and district particularly for governments, city vulnerable and HDAO, city and district disadvantaged group LABs, Provincial PMO, Shuangyang District Provide PLG, and VCs or SCs, recommendations and independent external update RP monitoring monitor plan
For smooth and successful implementation of the resettlement plan, the APs should be encouraged to actively participate in the various resettlement activities, which are described as follows:
(1) Participation in House Reconstruction Plan
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Before houses are demolished, the relevant resettlement implementation offices will consult the affected households on compensation rate and sign agreements with them. The result of negotiation must be publicized to receive supervision from the APs.
According to the result of the survey, two (2) households to be relocated in the area of Shuangyang Reservoir would like to demolish and build the houses by themselves in the tourist zone of the Shuangyang Reservoir. The local government will provide necessary assistance to them.
For all the households to be affected by house demolition, compensation will be paid for the houses at replacement value. Within the regulated time period, the relocated households can demolish first and then rebuild their houses or rebuild first and then demolish according to their preference. The materials of old houses to be demolished belong to themselves for their own use.
(2) Participation in Agricultural Resettlement
All of the villagers from each group or village will participate in the agricultural development projects, especially the affected households with special land requirements.
(3) Participation in the Use and Management of Land Compensation
The land compensation will be paid to the village collectives. Any organization or individual cannot utilize the fund. The usage of the fund must be agreed through villager meeting to avoid misuses, and accept the supervision from the representatives of the villagers.
(4) Participation in Project Construction
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 materials and labours.
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8. Grievance Procedures
8.1 Possible Grievances and Solutions
During the resettlement implementation, some complaints may be raised by the APs due to the changes of actual situation and deviation of operation, such as the indexes & method for the house and land measurement, compensation standards, classification of land type, the calculation of the compensation cost, implementation of resettlement plan, and so on. If the above issues arise, the APs could appeal in accordance with the regulated grievance procedures.
8.2 Grievance Channels and Procedures
In order to resolve the problems efficiently during resettlement implementation, 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 village committee or street 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. The details are as follows:
Step 1： If the APs are not satisfied with the resettlement plan, they could appeal in verbal or written form to VC or SC. If it is a verbal grievance, the VC or SC should make written record. The VC or SC should resolve the grievance within two weeks.
Step 2： If the APs are not satisfied with the result, they have the right to appeal to the project RO. The project RO should resolve the grievance within two weeks.
Step 3： If the APs are not satisfied with the response, they could appeal to the civil court in accordance with the civil law after receiving the decision from the project RO4.
APs should 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.
4Please note that the first step of grievance procedure established for this project is through village committee or street 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.
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An IMA will be hired to inspect and report on the resettlement processes and the operation of the ROs and relevant organizations involved in the LAR implementation at different levels and correct any errors made during the resettlement process. LAR implementation agencies should keep good records, and make them available to the external monitor for inspection and verification.
No fees shall be charged by any institution/organization receiving the grievances. The appeal fee which is about CNY 3,000 will be paid by the SWB from contingency budget.
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9. Monitoring and Evaluation
In order to ensure the smooth implementation of the resettlement plan and achieve objectives of resettlement plan, periodic monitoring and evaluation (M&E) will be conducted for the implementation of the land acquisition and resettlement in accordance with the requirements of ADB’s Policy on Involuntary Resettlement. The monitoring will include both internal and external.
9.1 Internal Monitoring
9.1.1 Purposes and Tasks of Internal Monitoring
Internal monitoring will be conducted by the Jilin PPMO, Shuangyang District PLG, Shuangyang District PMO, RO of SWB, Changchun and Shuangyang LABs, to ensure all the responsible organizations follow the principles and schedule of the resettlement plan. The purpose of internal monitoring is to ensure the resettlement implementing agencies function well during the resettlement implementation process.
9.1.2 Personnel Arrangement
The personnel who will be responsible for monitoring and data processing are provided in Table 9.1.
Table 9.1 Personnel Arrangement for Internal Monitoring Number of Staff Number of Staff No Organization (Regular Time) (Busy Time) 1 Shuangyang District PLG 1 2 2 Shuangyang District PMO 1 3 3 SWB 2 4 4 Changchun City Land Bureau 1 2 5 Shuangyang District Land Bureau 1 2 6 Changchun House Demolition Admin. Office 1 2
9.1.3 Content of Monitoring
(1) Compensation disbursement to the APs and villages or groups. (2) Production and livelihood rehabilitation measures for APs. (3) Compensation and restoration of business. (4) Schedule of above LAR activities. (5) Compliance with the policies and regulations of the resettlement plan. (6) Participation and consultation during the project implementation.
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(7) Grievances, problem resolution and follow-up. (8) Staffing, training, schedule and work efficiency of the resettlement officers.
9.1.4 Implementation Procedures
During implementation period, the Shuangyang District PMO and SWB should collect and record the information on the resettlement activities of the APs based on the sampling provided by the monitoring agency, and report activities timely to Jilin PPMO, to ensure the continuity of monitoring activity.
During the monitoring period, keep the continuity of information circulation among Shuangyang District PMO, RO of SWB, Shuangyang District LAB, Changchun LAB, Changchun HDAO and Jilin PPMO, through filling in standard reporting form. As the important internal monitoring organization, the Jilin Provincial PMO and Shuangyang District PMO and RO of SWB will check and verify the monitoring information periodically.
9.2 External Monitoring
9.2.1 Objectives and Tasks
External M&E are mainly conducted by the external monitoring agency independently and periodically. The external monitoring agency of the project should be a qualified independent resettlement M&E organization with sufficient experience and expertise.
The scope of work is as follows:
z Work efficiency of the resettlement implementation organizations z Implementation schedule of land acquisition and resettlement z Compensation and restoration of the APs z Compensation and restoration of the affected business z Grievance mechanism and problem resolution z Tracking analysis on APs’ production and livelihood level.
External monitoring should be conducted by the IMA in a comprehensive and long-term view. The external monitoring agency should evaluate the following resettlement implementation activities:
z Implementation of the relevant national and local laws of land acquisition and resettlement. z Compliance with ADB’s Policy on Involuntary Resettlement.
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z Whether the productive life condition of APs will be restored and improved.
External monitoring agency will present suggestions to the PMO, to ensure the problems can be resolved timely.
9.2.2 External Monitoring Agency
Shuangyang District PMO and SWB will engage a qualified independent external M&E agency as the third party monitoring institution of the project.
9.2.3 Major Indicators of Monitoring and Evaluation
(1) Monitoring and evaluation on implementation schedule of land acquisition and house demolition
z Schedule of land acquisition. z Schedule of temporary land occupation. z Schedule of house demolition.
(2) Monitoring and evaluation on fund disbursement and usage
z Fund disbursement. z Fund usage (planning and actual fund usage).
(3) Monitoring and evaluation on APs’ production and livelihood
z Production and living conditions of the APs before resettlement z Production and living conditions of the APs after resettlement z Analysis and evaluation of employment and living condition before and after the resettlement.
(4) Monitoring and evaluation on Compensation and restoration of affected business
z Comparison of the operation and income status before and after the project construction. z Timely compensation for the loss of business stoppage.
(5) Grievance mechanism and problem resolution.
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9.2.4 Special Considerations
Special attention will be paid to women, the poor and vulnerable groups (if there is any) 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 IMA 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, handicapped, and other vulnerable groups after resettlement, to ensure that no hardship is experienced; z Monitoring and evaluating will provide information on use and sufficiency of resettlement funds. An independent auditor assigned by the government will audit resettlement accounts and funds.
9.2.5 Methods of Monitoring and Evaluation
(1) Methods including site investigation, calculation and analysis and expert’s comprehensive evaluation. (2) Full investigation to the resettlement progress, fund, organizational structure and management. The households and businesses to be affected will be surveyed by sampling method. (3) Random sampling will be conducted every year during the LAR implementation. For the typically affected households and businesses, the tracking investigation will be used. The sample size for households affected by permanent land acquisition, house demolition and business demolition will be all 100%. (4) The full survey will use the methods such as forms, meetings and discussions, and record checking. (5) Written materials, as well as information such as photos, audio and video records and indexes, should be collected.
9.2.6 Monitoring and Evaluation Report
(1) Reporting Frequency
The external monitoring will be undertaken every six (6) months. The IMA will provide the status reports semi-annually from the start of the implementation of the RP to the provincial, municipal/district PMOs, RO of SWB, the LAR Leading Group, and VCs/SCs, and relevant organizations involved in the LAR implementation until the Project is completed. The IMA will provide copies of reports in English to ADB
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simultaneously.
The IMA will send reports directly to ADB and the provincial PMO, which in turn will forward copies of reports to Shuangyang District PMO, Shuangyang City PMO and SWB. The Shuangyang District PMO and RO of SWB shall ensure that information on the progress and status on all aspects of land acquisition and resettlement activities will be provided to the IMA for verifying the progress reports. The Shuangyang District PMO and RO of SWB via provincial PMO will also submit a resettlement completion report to the ADB, to be followed by a post-resettlement impact evaluation reports by the IMA, which should provide conclusive evidence whether adverse effects of the Project have been mitigated adequately, and at least “without project” income levels have been restored.
(2) The report covers the following components
z M&E baseline survey of resettlement; z Progress of land acquisition, house demolition and rehabilitation; z Allocation of compensation funds; z Usage of land compensation and resettlement subsidy; z Usage of collective compensation funds; z House demolition and re-construction; z Livelihood and income rehabilitation; z Evaluation on capacity of the resettlement implementing agencies; z Rehabilitation of vulnerable groups and gender Issues; z Participation and consultation; z Grievances, appeals and problem resolution; z Problems and suggestions; z Levels of AP’s satisfaction; z Psychological survey of APs; z Conclusion of evaluation; z Major existing and potential problems, including follow-up of problems previously identified; and, z Recommendations of mitigation or prevention measures.
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10. Cost Estimates
10.1 Basis of Cost Estimates
(1) Land Administration Law of PRC (2) Temporary Regulations for Farmland Land Occupation Tax of the PRC (3) Management Regulations for Urban House Demolition of Changchun City (4) Inventory Indexes affected by the project and other documents provided by design institute.
10.2 Compensation and LAR Costs
The costs to be incurred on land acquisition and resettlement are included in the overall budget of the Project. The total cost of land acquisition and resettlement for the Project is estimated to be CNY 3.19 million at the prices of April 2005, including 15% contingencies (physical and price). The estimated costs include compensation for land and resettlement subsidy, standing crops, houses and auxiliaries, compensation for temporary land borrow, infrastructure and special facilities, relevant land taxes, M&E and other costs, and contingency. The detailed cost estimates are presented in Table 10.1.
Table 10.1 Detailed Cost Estimates of LAR Compensation Cost Standard Estimate 4 Losses Unit Quantity (CNY)） (10 CNY) Remark A. Basic Cost 134.657 a. Compensation Cost of Collective Land 100.420 1. Permanent land acquisition 75.373 dryland ha 1.26 161,500 20.349 fish pond ha 2.032 270,000 54.864 wage subsidy for state workers Person 2 800 0.160 2. Temporary land acquisition 25.047 dryland ha 6.39 28,500 18.212 vegetable land ha 0.55 114,000 6.270 mountain forest land ha 0.1 4,500 0.045 village road M2 260 20 0.520 b. Compensation Cost of Residential and 28.270 Non-Residential Houses brick and wood m2 304 800 24.320 simple structure m2 79 500 3.950 c. Auxiliaries and Ground Attachment 3.720 1.Auxiliaries attached with houses 0.560 fence m2 10 70 0.070 hand-pumped well No. 1 800 0.080 simple toilet No. 2 200 0.040 cement terrace m2 30 20 0.060 machine-pumped well No. 1 2,000 0.200
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Compensation Cost Standard Estimate 4 Losses Unit Quantity (CNY)） (10 CNY) Remark scattered trees No. 55 20 0.110 2.Ground attachments 3.160 big tree No. 35 20 0.070 small tree No. 500 3 0.150 380V pole No. 1 1,000 0.100 10kV pole No. 2 5,000 1.000 400kVA transformer No. 1 8,000 0.800 tomb No. 4 100 0.040 machine-pumped well No. 5 2,000 1.000 d. Relocation allowance 2.247 transportation and transfer allowance for resident HH 2 600 0.120 allowance of lost working time for resident HH 2 300 0.060 transportation & transfer allowance for business No. 1 2000 0.200 allowance of lost working time for business person 6 1500 0.900 relocation loss No. 3 150 0.045 medical cost person 11 20 0.022 relocation bonus No. 3 3000 0.900 B. Others Expenses 9.301 1. Office administration cost 134.657 2% 2.693 2% of basic cost 134.657 2% 2.693 2% of 2. M&E basic cost 3. Land survey and investigation 3.15 3,100 0.977 4. Training fund 2.938 C. Land Related Taxes 127.094 5. Management cost for land acquisition 75.373 3% 2.261 3% of LA 6. Land administration fee ha 3.15 27,800 8.757 7. Newly-added construction land use ha 3.15 240,000 75.600 8. Development fund for new vegetable plots ha 0.55 120,000 6.600 9. Surface soil removal ha 3.15 10,000 3.150 10. Land registration fee ha 3.15 1,000 0.315 11.Controlled planning cost ha 3.15 15,000 4.725 0.673 0.5% of 12.Land appraisal 134.657 0.50% basic cost 12.Management fee for house demolition ha 0.0383 10,000 0.038 14.Other related tax 24.975 tax on farmland acquisition ha 3.15 50,000 15.750 farmland reclamation ha 3.15 25,000 7.875 forest vegetation restoration ha 0.45 30,000 1.350
Basic Resettlement Cost and Other Expenses 271.052
D. Contingencies 40.658 1. Basic contingency 271.052 10% 27.105 2. Price difference 271.052 5％ 13.553
E. TOTAL 311.710
10.3 Annual Budget
According to the project civil work construction schedule, the land acquisition and resettlement will take about one and half (1.5) years (October 2005 to March 2007). The annual cash flow is estimated to be 75% or CNY 2.338 million for the first year of
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LAR implementation, and 25% or CNY 779.300 for the second year, respectively. Table 10.2 provides the annual budget of resettlement cost.
Table 10.2 Annual Budget of Resettlement Cost First Year Second Year TOTAL Total Budget (104 CNY) 233.78 77.93 311.71 Proportion of Total Budget (%) 75% 25% 100%
10.4 Flow of Fund
Fund related to resettlement will be distributed through the following channels (See Table 10.3):
Table 10.3 Flow of Fund Land compensation → SWB → Village → VC
Resettlement subsidy → SWB → Village → APs
Standing crops → SWB → Village → APs
Land Recovery → SWB → Contractor
Residential and business structure → SWB → Village → APs
Auxiliaries → SWB → Village → APs
Relocation allowance → SWB → Village → APs
Scattered trees and → SWB → Village → Owner Ground tomb Attachments Infrastructure & → SWB → Owner special facilities
Land acquisition related administration → SWB → LAB fees and taxes
Office administration costs → SWB → LAR implementation agencies
House demolition administration fee → SWB → HDAO
Investigation and design cost → SWB → Design institute
Training cost → SWB → Training institutions
M&E → SWB → IMA
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11. Implementation Schedule of Resettlement Plan
11.1 Principles
The resettlement schedule for land acquisition, house demolition and relocation 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 has been developed, reflecting the linkage and consistency between the time schedule of resettlement/land acquisition and civil works construction tasks.
In order to ensure that all aspects of the RPs can be achieved, land acquisition and resettlement will start at least one month before construction. The affected persons must move into their alternative housing at least one month before the relocation. For those opting for self-construction, payment of compensation and provision of housing sites should be completed at least three months before demolition. Before the land acquisition and APs are moved, a final measurement survey will be conducted in each village, and the household contracts will be negotiated and signed. The disbursement of compensation should be paid. Also, arrangements for housing replacement and replacement of agricultural land will be established before relocation proceeds.
11.2 Schedule of RP Implementation
The land acquisition and resettlement (LAR) schedule will be carried out by stages. The general engineering schedule for the project is presented in Figure 11.1. The implementation of land acquisition, relocation and resettlement schedules of the Project are presented in Table 11.2.
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Figure 11.1 Schedule of Project Implementation Activities 2004 2005 2006 2007 2008 7 8 91011121234567891011121234 5 6 78910111212 3 45678910111212345 6 Feasibility study Engineering geological survey Preliminary design Engineering geological detailed survey Final equipment procurement lists Preparation of bidding documents Engineering tendering process and signing contract Detailed design of construction map Construction preparation Civil work construction Engineering equipment installation Water pipeline construction Testing and putting into operation
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Figure 11.2 Schedule of Resettlement Implementation Activities 2004 2005 2006 2007 2008 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 Planning of Land Acquisition and Resettlement Finalize the scope of land acquisition and resettlement Conduct socioeconomic survey Conduct measurement survey of APs Determine compensation standards and RP Prepare resettlement plan Conduct detailed measurement survey Identify and confirm poor and vulnerable APs Finalize compensation/resettlement strategies Permanent Land Acquisition and Temporary Land Occupation Apply for the Land Use Certificate Apply for Land Use Planning Certificate Hold mobilization meetings of LA and publicize policies Announce public notification Negotiate and sign contracts Disburse compensation payment and acquire land House Demolition and Relocation Apply for House Demolition Certificate Held mobilization meetings and publicize policies Announce public notification Negotiate and sign contracts Disburse compensation payment Construct new houses Transfer APs to new locations Demolish houses/structures Livelihood and Income Restroration Employment of APs in the Project construction Implementation of agricultural rehabilitation measures Implementation of non-agri. rehabilitation measures New skill training Monitoring and Evaluation Establish internal monitoring system & formats Engage monitoring agency Approve TOR by ADB Training of resettlement staff Monitor LAR activities Monitor income restoration programs Monitor socioeconomic indicators/vulnerable program Conduct external evaluation
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Meeting Summary on Land Acquisition and Resettlement with Village’s Leaders and Representatives Affected by Shuangyang Water Supply Project
Time：Sept. 1, 2004 Venue: Shuangyuang District Project Management Office Participants：Xu Qingmin（General Manager, Changchun Shuangyang Water Supply Co. Ltd.）, Bai Yunliang（Director, Agricultural Center of Pinghu Office）, Jia Hongwei（Property Owner, Shuangyang Reservoir Administration Office）, Shan Zhiyuan（Head, Yuejin Group, Shuaiwan Village of Pinghu Street）, Zhao Jiyong（Head, Shuangqiao Village of Pinghu Street）, Yang Xiuguo（Head, Nanqiao Group, Qianjin Village of Yunshan Street）, Jiang Xiaoliang（Resettlement Officer of Changchun Shuangyang Water Supply Co. Ltd.）, Huang Jing （ Project Principal, China Urban Infrastructure Northeast Engineering Design and Research Institute）, Wang Yandong（Designer, China Urban Infrastructure Northeast Engineering Design and Research Institute）.
In order to make the affected villages and individuals understand the project engineering component, goal and objectives, compensation standards of land acquisition and demolishment, compensation methods, payment channels and the resettlement policy of the Project. With careful study of the relevant policies and regulations, the Shuangyang District Project Management Office invited some affected villages and individuals participating in the discussion. During the discussion, the PMO distributed the copies regarding the relevant regulations, compensation and resettlement and rehabilitation plans. The meeting summary is as follows:
1. The representatives hope that the land acquisition and resettlement should be implemented in accordance with the “Land Administration Law of PRC” (1998), “Temporary Farmland Occupation Tax Regulations of PRC” (1997), and “Management Regulations for Urban House Demolishment of Changchun City” (2004).
2. For the compensation and resettlement plan, the representatives hope to discuss it further on tentative dates after they have sufficient understanding on the policies and regulations of land acquisition and resettlement.
3. The village leaders and representatives hope that measures will be taken to minimize the LAR impacts to local communities. The PMO promised that they will follow the principles for the construction of the Project.
4. The village leaders and representatives hope that the water treatment plant could hire the affected persons as priority.
Shangchun Shuangyang District Project Management Office Sept. 1, 2004
1
Shuangyang Water Supply Project Resettlement Plan
APPENDIX 2
RESETTLEMENT INFORMATION BOOKLET
1. INTRODUCTION
In recent years there has been a rapid growth in urban development and water demand in Shuangyang District, Changchun City. It is expected that by the year of 2010, the water demand of Shuangyang District will reach to 1,654.56 × 104 m3/a, but currently the district sustainable supply capacity of ground water withdrawal is about 462.35 × 104 m3/a; as a result about 1,192.21 × 104 m3/a is still in shortage. In addition, the ground water resources are limited. Studies indicate that the Shuangyang Water Supply Project could meet the water demand of 2010, which could completely solve the serious water shortage problems of industrial and residential water use in the city.
The project is composed of the components of water intake, water treatment and water transmission pipeline. The Project will be owned by the Shuangyang Water Bureau. The Project civil works will begin in August 2005 and complete in May 2007.
2. SOCIOECONOMIC BENEFIT OF THE PROJECT
The Project has large social and environmental benefits. After the project is built, the water supply condition of Shuangyang District will be improved greatly; environment pollution will be decreased; the living conditions of the people will be enhanced. The project will also play a very important role to promote the development of industrial production and urban development.
3. SCOPE OF LAND ACQUISITION AND RESETTLEMENT IMPACTS
The Project will involve permanent land acquisition and temporary land occupation, house demolishment, auxiliaries, and infrastructures and facilities.
The construction of the water treatment plant will acquire 3.15 ha of land permanently, including 1.89 ha of state-owned land (fish ponds) in the Shuangyang Reservoir area, 1.26 ha of collective land (dryland) in Yuejin Group, Shuaiwan Village, Pinghu Street. In total, 13 rural households or 48 persons will be affected.
The Project will acquire 0.55 ha of state land owned by the Shuangyang Reservoir Administration Office, and 7.04 ha of collective land. About 90 rural households will be temporarily affected, totalling 448 persons. The impact period will be one year. Details are
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Table 1 Temporary Occupation of Collective Land No Name of Affected Area Affected APs Dryland Mountain Forest Vegetable TOTAL HHs (no) (no) (ha) Land (ha) Land (ha) (ha) 1 Yuejin Group, Shuaiwan 30 158 1.87 1.87 Village, Pinghu Street 2 Heping Group, Shuangqiao 25 125 2.2 0.1 2.3 Village, Pinghu Street 3 Nanqiao Group, Qianjin 15 65 0.45 0.22 0.67 Village, Yunshan Street 4 Chaoyang Group, 5 25 0.88 0.88 Shuangqiao Village, Pinghu Street 5 Miaopu Group, Shuangqiao 15 75 0.99 0.33 1.32 Village, Pinghu Street 6 Total 90 448 6.39 0.1 0.55 7.04
In total, two (2) urban households with 5 persons will be relocated under this project. Of which, one (1) household is in the area of the Shuangyang Reservoir1, and 75 m2 of residential houses and 34 m2 of simple structure of storage house will be demolished, and another one (1) household with 3 family members living in Nangang Community, Yunshan Street whose house will be affected also. The total area of the house is 84 m2 (brick and wood structure). See Table 2 for the impacts of house demolition and auxiliaries to be affected.
Table 2 Houses and Auxiliaries to Be Demolished Item unit Quantity Affected Households No. 2 Affected Population No. 5 Houses m2 193 Of which: brick and wood structure m2 159 Simple structure m2 34 Fence m2 10 Scattered trees No. 30 Fruit trees No. 5 Well No. 1 Simple toilet No. 1 Cement terrace m2 30
For the relocated household in the affected area of the Shuangyang Reservoir whose business (restaurant) will also be affected by the Project. The demolished area of the restaurant is 190 m2, of which 145 m2 is brick and wood structure, and 45 m2 is simple structure. In total, 6 employees will be affected, including 3 temporary workers. Of the total affected employees, 3 are male and 3 female. Demolition of the restaurant will affect the income of the business and employees. When the restaurant is rebuilt at the place where Shuangyang Reservoir Administration Office
1 For the relocated household whose family-based business (restaurant) will also be affected.
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Table 3 Shop and Auxiliaries to Be Demolished Item Unit Quantity Structure Demolition m2 190 Brick and wood m2 145 Simple structure m2 45 Scattered Trees No. 20 Hand-Pumped Well No. 1 Simple Outdoor Toilet No. 1
During the construction period, the ground attachments2 could be affected. The affected ground attachments are presented in Table 4.
Table 4 Affected Ground Attachments Item Unit Quantity 10kV pole No. 2 380V wood pole No. 1 Transformer（400kVA） No. 1 Large trees (above 30 cm） No. 35 Gravel road M2 264 Mud tomb No. 4 Machine-pumped well No. 5 Small trees No. 500 Village gravel road M2 260
4. APPLICABLE LAWS, REGULATIONS AND POLICIES
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 RP is prepared in accordance with the laws and regulations and policies issued by the Government of China (GOC) and local governments and ADB’s Policy on Involuntary Resettlement, including:
Directive on Strengthening System of Compensation for Land Acquisition and Resettlement, issued by State Council, Oct. 2004 Land Administration Law of PRC, 1998 Temporary Regulations of Farmland Occupation Tax for PRC, 1987 Urban House Demolition Management Regulation of PRC, 2001
2 The ground attachments include infrastructure and special facilities.
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Management Regulations for Urban House Demolition of Changchun City, August 1st 2004 ADB’ Involuntary Resettlement Policy
5. COMPENSATION STANDARDS
5.1 Eligibility
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 house buildings 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 type of loss and quantities as well as the cut-off date (September 30, 2004) of the government within the completion date of the construction map and investigation; or due to the temporary impact during the construction phase. The newly cultivated land and newly built houses shall not be compensated after the cut-off date.
5.2 Compensation Standards
The compensation standards for various losses are presented in Table 5a for compensation rate for permanent land acquisition and Table 5b for compensation rate for permanent land acquisition by entitlement, Table 6 for compensation rate for temporary land occupation, Table 7 for compensation rate for house demolition, Table 8 for relocation allowance, and Table 9 for compensation rate for auxiliaries and ground attachments.
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Table 5a Compensation Rate for Permanent Land Acquisition Type of Average Average Compensation Multiplier (Times) Compensation Rate (CNY/ha) Land Output Output Land Resettle. Standing Land Resettle. Standing （kg/ha） Value TOTAL Compen. Subsidy Crops Compen. Subsidy Crops (CNY/ha) Dryland 9,000 9,500 10 6 1 95,000 57,000 9,500 161,500 Fish 30,000 5 4 150,000 120,000 270,000 Pond
Table 5b Compensation Rate for Permanent Land Acquisition by Entitlement Type of Compensation (CNY/ha) Land Paid to Village Collective/Shuangyang Paid to APs Reservoir Administration Office Land Compensation Resettlement Subsidy Standing Crops TOTAL Dryland 95,000 57,000 9,500 66,500 Fish Pond 270,000
Table 6 Compensation Rate for Temporary Land Occupation Type of Land Average Compensation Multiplier Compensation Rate (CNY/ha) Output (Times) Value Standing Land Standing Land TOTAL (CNY/ha) Crops Recovery Crops Recovery Dryland 9,500 2 1 19,000 9,500 28,500 Vegetable Land 38,000 2 1 76,000 38,000 114,000 Mountain Forest Land 1,500 2 1 3,000 1,500 4,500 Village Gravel Road 200,000
Table 7 Compensation Rate for Structure Demolition Structure Unit Compensation Rate Brick and Wood CNY/m2 800 Simple Structure CNY/m2 500
Table 8 Relocation Allowance Relocation allowance Unit Compensation Standard (CNY) Relocation Allowance of Resident Household 600 Allowance for Lost of Working Day Household 300 Relocation Allowance of Business No. 2,000 Allowance for Salary Loss of Employees Person 1,500 Allowance of Moving Loss Household 150 Medical Allowance Household 20 Relocation Bonus Household 3000
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Table 9 Compensation Rate for Auxiliaries and Ground Attachments Item Unit Compensation Standard (CNY) 1.Auxiliaires Attached with Houses Fence M2 70 Hand-Pumped Well No. 800 Simple Outdoor Toilet No. 200 Cement Terrace M2 20 Machine-Pumped Well No. 2,000 2.Ground Attachments Large Trees No. 20 Small Trees No. 3 380V Pole No. 1,000 10kV Pole No. 5,000 400kVA Transformer No. 8,000 Tomb No. 100 Machine-Pumped Well No. 2,000 Village Gravel Road m2 20
5.3 Entitlement Matrix
From the results of inventory surveys, the major impacts of LAR have been identified based on the nature of losses, an Entitlement Matrix has been prepared as a guide to compensation payments. It is presented in Table 10.
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Table 10 Entitlement Matrix Type of Losses Level of Impact Entitled Persons Compensation Policy & Standards Permanent land Permanent loss of state land, The affected village (groups) will be entitled to get land compensation z Land compensation will be paid in cash to the village (groups) at the rate of acquisition collective land and crops. In total, CNY 95,000/ha for dryland (13 rural households or 1.89 ha of state land (fish pond), The affected 13 rural households or 48 persons will receive cash z Resettlement subsidy will be paid in cash to the APs at the rate of CNY 48 persons) and 1.26 ha of collective land compensation for resettlement subsidy and standing crops as no farmland 57,000/ha for dryland (dryland) to be acquired could be re-allocated by affected groups. The resettlement subsidy will be z Compensation for standing crops will be paid to the APs at the rate of CNY permanently for the project used for income generation and restoration by the APs 9,500/ha for dryland z Cash compensation will be paid to the SRAO for fish pond at the rate of CNY 270,000 The affected SRAO will be entitled to get cash compensation of land z The workers engaging in fish farming will be compensated for the loss of compensation and resettlement subsidy for the loss of fish pond. The fishing activity stoppage at the rate of CNY 800/month for 3 months compensation received will be used for development of new fish ponds z The Project owner will give the APs priority to be employed in the activities of within the land owned by the SRAO. The workers on regular salary will get project construction and operation wage subsidy for 3 months. z Workers should be able to retain their jobs at the newly developed fish pond within the land owned by the SRAO z The state workers will receive the same salaries and normal bonuses from fishing; they will be guarantee jobs in the new fish pond. z The state workers will receive wage subsidy of CNY 800/month for 3 months and will receive priority for that employment at the new fish pond Temporary land Loss of use of state land and Compensation for standing crops will be paid to the APs in cash z Cash compensation will be paid to the APs: CNY19,000 for dryland, CNY occupation (90 rural collective land and crops during 76,000/ha for vegetable land, CNY 3,000/ha for mountain forest land, CNY households or 448 construction period. 0.55ha of state Compensation for land recovery of collective land and state land will be paid 200,000/ha for village gravel road persons) land and 7.04 ha of collective land to the contractors z Cash compensation of land recovery will be paid to the contractor to restore the land into its original condition at the rates of CNY 9,500/ha for dryland, CNY 38,000/ha for vegetable land, and CNY 1,500/ha for mountain forest land. z After temporary land use for one year, the land will be restored to original condition and keep the same quality for farming Residential Houses (2 With structures built thereon. 193 Cash compensation plus homestead will be provided to the APs z Provision of homestead for the 2 demolished residential houses in the urban households or 5 m2 residential house in total reservoir area to the APs at replacement value persons, of those living All users with or without legal house certificate papers including AP settled z Cash compensation for affected residential structures in the reservoir area at in the houses, all are on the land after 29/08/98 (Land Law) as long as they are included in the full replacement cost of materials and labor with no deduction for depreciation house owners) final AP list or are able to prove their occupation of affected plots before the or salvageable materials. The rates are CNY 800/m2 for brick and wood cut-off date. The cut-off date was September 30, 2004 structure, and CNY500/m2 for simple structure z Cash compensation for the temporarily affected structure at full replacement Provisions will be made to the APs for materials, and relocation allowance value for the demolished house in the Nangang Community of Yunshan Street. The rates are CNY 800/m2 for brick and wood structure z The APs can re-use the construction materials of their old houses z All relocating APs will be entitled to cash compensation to transport household effects, transport salvaged and new building materials to resettlement sites. z Cash compensation will be paid to the residential house owners and business owner for relocation allowance of business at CNY 600/household for relocation allowance, CNY 300/household for lost of working day allowance, CNY 150 for relocation loss, CNY 20/person for medical allowance, and CNY 3,000/household for relocation bonus
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Type of Losses Level of Impact Entitled Persons Compensation Policy & Standards Commercial house (1 With structures built thereon. 190 Cash compensation plus business land within the reservoir z Provision of replacement business land of equivalent size, at a location restaurant) m2 restaurant. 145 m2 brick and Restaurant area will be provided to the restaurant owner satisfied to the AP wood structure and 45 m2 simple owner z Cash compensation for affected structures at full replacement cost of structure in total All users with or without legal house certificate papers materials and labor with no deduction for depreciation or salvageable including AP settled on the land after 29/08/98 (Land Law) as materials. The rates shall be CNY800/m2 for brick and wood structure and 6 employees will be affected, long as they are included in the final AP list or are able to CNY 500/m2 for simple structure including 3 full-time employees and prove their occupation of affected plots before the cut-off z Cash compensation will be paid to the business owner for the profit losses for 3 temporary employees, and 3 date. The cut-off date was September 30, 2004. each month of business stoppage, if required (note: the plan is to relocate the males and 3 females) restaurant during the closed tourist season. The Project will not affect the income of the restaurant z Cash compensation for the simple house at CNY 500/m2 z The APs can re-use the construction materials of their old houses All of full-time and temporary Employees Salary or wage loss will be paid to the affected employees z Both the permanent and temporary workers will be compensated for the salary employees will be compensated in each month based on the period of business stoppage or wage loss at the rate of CNY 500/month during business stoppage. In total, cash for the loss of salary 3 months salary loss will be provided to the workers. z Workers should be able to retain their jobs at the newly built restaurant; otherwise, the municipality will assist them to find new employment Auxiliaries and Ground Auxiliaries attached with houses: Owner z Compensation should paid at replacement value, OR Attachments 10 m2 fences, 50 scatter trees, 5 z Compensation to move the facility, OR fruit trees, 1 hand-pumped well, 1 z Repair the facility by contractor to original or better condition machine-pumped well, 2 simple z Cash compensation for auxiliaries attached with houses: CNY70/m2 for outdoor toilet, 30 m2 cement fence, CNY 800/each for hand-pumped well, CNY 200/each for simple terrace outdoor toilet, CNY 20/m2for cement terrace, and CNY 2,000/each for machine-pumped well Ground Attachments: 2 10kV z Cash compensation for ground attachments: CNY 20/each for large tree, electricity pole, 380V wood pole, 1 CNY3/each for small tree, CNY 1,000 for 380V wood pole, CNY1,000 for 400kVA transformer, 35 large 10kV electricity pole, CNY 8,000 for 400kVA transformer, CNY100 for tomb, trees, 260 m2 village gravel road, 5 CNY20/m2 for gravel road and CNY 2,000 for machine-pumped well machine-pumped wells, and 500 small trees Measures for Income 1.26 ha of collective land (dryland) z The Project owner will give the APs priority to be employed in the activities of Restoration affecting 13 rural households or 13 rural households project construction and operation 48 persons z Land compensation will be used for agricultural rehabilitation measures with the agreement of 2/3 villagers: i.e. application of scientific farming, increased investment in agriculture production, diversification of high-value crops, The affected will receive cash development of farmland reserve. compensation of land z Resettlement subsidy will be used for production development measures to compensation and resettlement increase income of APs, such as greenhouse development and animal subsidy for the loss of fish pond. breeding The compensation received will be used for development of other fish ponds within the land owned by the SRAO Loss of 1.89 ha of state land (fish 2 full-time state workers z The compensation received will be used for development of other fish ponds pond) will affect SRAO and 2 state within the land owned by the Shuangyang Reservoir Administration Office workers z The state workers will receive the same salaries and normal bonuses from fishing; they will be guarantee jobs in the new fish pond. z The state workers will receive wage subsidy of CNY 800/month for 3 months and will receive employment at the new fish pond
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Type of Losses Level of Impact Entitled Persons Compensation Policy & Standards Training In total, 48 persons will receive training organized by the VCs in association z Training will be provided to the APs, i.e. cultivation and animal breeding by with Shuangyang PMO and SWB technicians z Compensation will be paid in cash to the training institutions with a budget at CNY 30,000.
Grievance Property indexes, compensation Aps who involved in making appeal and grievance for the settlement of land z The APs will be exempted from various kinds of fees involved in making standards, compensation payment, acquisition and resettlement issues complaints and claims for land acquisition and resettlement issues resettlement payment, resettlement and rehabilitation measures Office administration Operating costs of offices for LAR Respective offices involved in LAR implementation z Compensation will be in cash to the respective offices responsible for LAR Cost implementation implementation with a budget of CNY 26,900 Investigation and Land Survey of all property indexes The design institute involved in the design and land survey of LAR z Compensation will be paid to the design institute in cash with a budget at CNY Survey Fees 9,800 External Monitoring and Implementation schedule of LAR, The IMA involved in the external M&E z Compensation will be paid to the IMA in cash with a budget at CNY 26,900 Evaluation fund disbursement and usage, and rehabilitation of APs’ livelihood and income
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6. RESETTTLEMENT AND REHABILITATION PLAN
6.1 Objective of Resettlement Program
The overall objectives of the resettlement program are for affected people to be offered with livelihood opportunities, for the labour 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.
6.2 Resettlement Plan
One (1) household including one (1) business to be resettled within the area of the Shuangyang Reservoir Administration Office are employees of the Shuangyang Reservoir Administration Office. The Shuangyang District PMO will provide the APs with cash compensation for lost structures and house plots.
The restaurant business to be permanently affected is within the tourist spot area of the Shuangyang Reservoir Administration Office. The Shuangyang Reservoir Administration Office will finalize the selection of the site for the restaurant within the same reservoir area once the land use agreement is signed. Assistance will be provided to the AP to re-construct the business building before the arrival of tourist season.
For the household in Nangang Community of Yunshan Street, the house will be moved 4-5 m backward from the former site, and will be rebuilt.
6.3 Agriculture Resettlement Plan
Based on extensive consultations with the APs and representatives of the villagers, and the preferences of the APs, the Shuangyang District PMO will provide cash compensation and/or production restoration measures to the affected households, including the application of scientific farming, increased investment on agriculture production, diversification of high-value crops, development of farmland reserve, the production level and output of the land will be increased.
The resettlement subsidies, totalling CNY 71,820 in cash, will be provided to the affected households, in accordance with the relevant State policies without adjustment of farmland in the village. Guidance will be provided to the APs to invest the funds into production development, such as greenhouse vegetable farming or pig-raising to mitigate the income loss. The land compensation totalling CNY 119,700 will be paid to the village collective for improving the infrastructure of villages,
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including roads and water facilities.
Based on opinions of the APs and actual situation of the project affected area, it was determined that no land will be adjusted in each group or village for all the affected households. Emphasis will be given to the structure adjustment of agricultural production, and increasing the land utilization ratio. Currently the existing productivity of the dryland in Shuaiwan Village is 600 kg/mu. Through the improvement of crop varieties to increase the output of the residual land, it is estimated that the production output can reach 700 kg/mu, which can resettle 8 affected households. At the same time, structure adjustment, for instance, greenhouse vegetable farming and pig-raising can accommodate five (5) affected households. Combined with the resettlement subsidy provisions to the APs, the mitigation measures are believed to be able to restore or increase the production and living conditions of the APs.
According to preliminary estimates, the annual net income for vegetable farming is CNY 5,877/mu, much higher than the current income of corn cultivation at CNY 650/mu). Based on the result of a comparative analysis of neighbouring villages, the input and output of the vegetable farming and pig farming was estimated, which are presented in Table 11 and Table 12, respectively.
Table 11 Input and Output of Greenhouse Vegetable Farming No. Item Fund (CNY/mu) Remark 1. Input 4,303 1.1 Civil Work 953 3.2 ton reinforced bar/year@CNY4000/to，CNY 1,500 of labour cost, about 15 years life span 1.2 Plastic Membrane 800 200 kg/year@CNY8/kg 1.3 Water & Electricity Cost 600 1.4 Fertilizer 400 1.5 Pesticide 1,200 1.6 Grass Shed 350 2. Output 10,180 2.1 Vegetable (1 crop) 1,280 800 kg/[email protected]/kg 2.2 Cucumber (2 crops) 4,900 7,000 kg/[email protected]/kg 1.3 Tomato & Beans (3 crops) 4,000 4,000 kg/[email protected]/kg Net Income 5,877
Table 12 Input and Output of Pig Raising No. Item Fund (CNY/head) Remark 1. Input 435 1.1 Piglets Purchase 200 2 kg/[email protected]/kg 1.2 Feeds 235 235 kg/[email protected]/kg 2. Output 560 2.1 Sales 560 100 kg/[email protected]/kg Net Income 125 One person can raise 20 pigs
The Yuejin Group of Shuaiwan Village is close to the Shuangyang City, therefore the prospect for vegetable farming and pig-raising is very promising. Based on the above analysis, vegetable farming and pig-raising can restore and increase the income of
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the affected households.
In addition to the agricultural resettlement plan, the Shuangyang District PMO will provide certain employment opportunities to the affected people at priority during the construction and operation period of the Project. During the construction period, the Shuangyang District PMO can offer some temporary employment job opportunities, such as excavation for pipeline and structures and soil and earth transportation. During the project operational period, the APs with qualifications of professional skills will be employed. The purchase of vegetable and food, and employment of the chefs, gate guards, drivers and other supportive staff from the affected area will create income opportunities to the APs under this project.
The fish pond to be acquired by the Project is owned by the SRAO. In total, two (2) workers of the total 270 employees in the SRAO will be affected. For the loss of the fish pond, compensation for the loss will be paid to the Administration Office to develop new fish pond within the same reservoir area. The fish in the original ponds will be transferred into the new ponds. No fish production loss of fish is expected. The state workers will receive the same salaries and normal bonuses from fishing; they will be guaranteed for jobs in the new fish pond. They will receive wage subsidy of CNY 800/month for 3 months and will receive priority for the full-time employment at the new fish ponds.
7. GRIEVANCE PROCEDURES
In order to resolve the problems efficiently during resettlement implementation, the project has established a transparent grievance channel in addition to the existing grievance channels of local government. The details are as follows:
Step 1： If the APs are not satisfied with the resettlement plan, they could appeal in verbal or written form to VC and village group. If it is a verbal grievance, the village should make written record. The VC or village group should resolve the grievance within two weeks.
Step 2： If the APs are not satisfied with the result, they have the right to appeal to the project resettlement office. The project resettlement office should resolve the grievance within two weeks.
Step 3： If the APs are not satisfied with the response, they could appeal to the civil court in accordance with the civil law after receiving the decision from the project
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resettlement office.
No fees shall be charged by any institution/organization receiving the grievances. The appeal fee will be paid by the Project Management Office from contingency budget.
8. LAR BUDGET AND IMPLEMENTATION SCHEDULE
The costs to be incurred on land acquisition and resettlement are included in the overall budget of the Project. The total cost of land acquisition and resettlement for the Project is estimated to be CNY 3.19 million at the prices of April 2005, including 15% contingencies (physical and price). The estimated costs include compensation for land and resettlement subsidy, standing crops, houses and auxiliaries, compensation for temporary land borrow, infrastructure and special facilities, relevant land taxes, M&E and other costs, and contingency.
The flow of fund is as follows:
Table 10.3 Flow of Fund Land compensation → SWB → Village → VC
Resettlement subsidy → SWB → Village → APs
Standing crops → SWB → Village → APs
Land Recovery → SWB → Contractor
Residential and business structure → SWB → Village → APs
Auxiliaries → SWB → Village → APs
Relocation allowance → SWB → Village → APs
Scattered trees and → SWB → Village → Owner Ground tomb Attachments Infrastructure & → SWB → Owner special facilities
Land acquisition related administration → SWB → LAB fees and taxes
Office administration costs → SWB → LAR implementation agencies
House demolition administration fee → SWB → HDAO
Investigation and design cost → SWB → Design institute
Training cost → SWB → Training institutions
M&E → SWB → IMA
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In order to ensure that all aspects of the RPs can be achieved, land acquisition and resettlement will start at least one month before construction. The affected persons must move into their alternative housing at least one month before the relocation. For those opting for self-construction, payment of compensation and provision of housing sites should be completed at least three month before relocation.
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Meeting Summary on the RIB of Shuangyang District Water Supply Project
Time: November 18, 2004 Venue：Shuangqiao Village Committee of Pinghu Street Participant：Xu Qingmin（General Manager, Changchun Shuangyang Water Supply Co. Ltd.）, Bai Yunliang（Director, Agricultural Center of Pinghu Street）, Huang Jing（Project Principal, China Urban Infrastructure Northeast Engineering Design and Research Institute）, Jia Hongwei（Property Owner, Shuangyang Reservoir Administration Office）, Shan Zhiyuan（Head, Yuejin Group, Shuaiwan Village of Pinghu Street）, Zhao Jiyong（Head, Shuangqiao Village of Pinghu Street）, Yang Xiuguo （Head, Nanqiao Group, Qianjian Village of Yunshan）, Jiang Xiaoliang（Resettlement Officer, Changchun Shuangyang Water Supply Co. Ltd.）, Wand Yandong（Designer, China Urban Infrastructure Northeast Engineering Design and Research Institute）, Sun Lixin （household affected by house demolishment in the area of Shuangyang Reservoir Administration Office）, Song Shuquan（Villager of Shuwiwan Village of Pinghu Street）, Ping Yukai（Villager, Shuaiwan Village of Pinghu Street）, Zhou Zhendong （Villager, Shuangqiao Village of Pinghu Street）, Li Zhanxian （Villager, Shuangqiao Village of Pinghu Street）, Yuan Jiugang（household affected by house demolishment in Nangang Community of Yunshan Street）.
In order to ensure that the APs could get good resettlement and income rehabilitation, and to involve the participation of the APs, the Shuangyang Water Supply Co. Ltd. and China Urban Infrastructure Northeast Engineering Design and Research Institute held discussions with relevant people, local government, village committees and village representatives, to solicit the comments and suggestions of relevant organizations and representatives, and to form the preliminary resettlement and rehabilitation plan. The meeting summary is as follows:
1. Provided the project description, engineering components, financing, construction schedule, and the requirements of national and municipal government and ADB on the resettlement and income rehabilitation plan. The local government was requested to formulate a feasible resettlement plan to ensure the living standards of the affected families will not be decreased.
2. Introduced the scopes of land acquisition and resettlement impacts to the APs and villages by China Urban Infrastructure Engineering Design and Research Institute.
3. Conducted discussions relevant policies and regulations. The local leaders and village representatives requested to determine the compensation standards based on the actual situations of the affected families not limited by the relevant laws and regulations. The PMO agreed to integrate the comments of the APs into the resettlement plan as priority.
4. Reached understanding between the local government, PMO and village representatives on the
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following resettlement plans:
- Compensation for Farmland and Fish Pond
Land compensation for permanent farmland acquisition and fish pond is ten (10) times and five (5) times of average annual output value (AAOV) for the last three years, respectively. The compensation will be paid in cash to the village collective and Shuangyang Reservoir Administration Office, respectively. No land will be re-adjusted in the village.
For temporary farmland loss, the compensation is three (3) times of the AAOV for the last three years, including 1 times for land recovery and 2 times for standing crops. The compensation will be given to the APs directly. The land occupation will not exceed two years.
- Homestead, House and Auxiliaries
Full compensation will be paid to the APs directly for the loss of homestead, houses and auxiliaries. Compensation for homestead will be replacement land to be selected within the proper areas. Houses and other construction materials will be compensated at replacement value and paid in cash.
- Standing crops
The compensation for standing crops compensation will be 1 to 2 times of the AAOV for the last three years. Compensation for land recovery will also be provided to the APs.
- Resettlement Subsidy
The resettlement subsidy for permanent farmland acquisition and fish pond is 6 times and 4 times of the AAOV for the last three years, respectively. It will be paid to the APs.
-·Relocation Allowance
All the APs affected by house demolishment will get the relocation allowance as follows:
（1）Transportation and transfer allowance CNY 600/family （2）Allowance for lost of working days CNY 300/family （3）Allowance for relocation loss CNY 150/family （4）Medical cost CNY 20/family （5）Relocation bonus CNY 30/family
-·Training Subsidy to the Seriously Affected APs
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All the APs who lose more than 20% farmland or house demolishment, should get special training subsidy, including traveling expenses, and food and accommodation cost. The training will take four weeks (20 working days). The above-mentioned subsidy will be split in two (2). It will be provided to each affected families, CNY 1,000 to male family member and CNY 1,000 for female family member.
5. Understanding has been reached between the local government, PMO and village representatives as follows:
The households whose house will be demolished asked to be provided with cash compensation, and they will rebuild the houses by themselves in the area of Shuangyang Reservoir.
The house compensation is CNY 500-800/m2, which will be paid to the affected individuals directly.
6. Understanding has been reached between the local government, PMO and village representatives as follows:
According to the new Land Administration Law of PRC, the relevant departments should make public notification and solicit the comments of affected village and APs once the land acquisition and resettlement compensation and plan are determined. The village collectives should publicize and supervise the disbursement of compensation fund to the village members.
The PMO should submit the indexes and quantity of land acquisition to village resettlement unit to ensure the accuracy.
In order to ensure the compensation fund will be sufficient and be in place timely. Special account should be established for the resettlement compensation fund to prevent fund loss.
During resettlement process, all kinds of accounts should be managed by designated person. Each receipt must be signed by at least three persons. All the compensation cost must be publicized which could be noticed by the APs and village residents.
7. The newly built plant will provide the jobs to the APs: the assistant production workers and electrician.
The PMO will pay close supervision on the resettlement implementation to ensure the living standards of the APs to be increased.
Chuangchun Shuangyang District Project Management Office Sept. 6, 2004
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