Resettlement Plan
May 2011
PRC: Emergency Assistance for Wenchuan Earthquake Reconstruction Project—Shaanxi Province Ningqiang Transportation Component
Prepared by Hanzhong Municipal Government, Shaanxi Province for the Asian Development Bank.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
Ningqiang County Post-disaster Reconstruction Transport Project Supported by ADB's Emergency Loan
Resettlement Plan
May 20, 2011 Hanzhong Municipal Government, Shaanxi Province
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Table of Contents
EXECUTIVE SUMMARY...... 5 1. PROJECT DESCRIPTION ...... 9 1.1 Project background...... 9 1.2 The components of the Project...... 9 1.3 Arrangement of the investment and implementation ...... 9 1.4 Economical and technological feasibility study and earlier stage work...... 9 1.5 Potential adverse impacts...... 10 1.6 Executing and implementing agencies ...... 10 2. SCOPE OF LAND ACQUISITION AND RELOCATION IMPACT...... 11 2.1 Impact Area of the Implementation of the Project...... 11 2.2 Principles and measures to reduce project impact ...... 11 2.3 Number and kinds of the project impact ...... 11 2.4 Evaluation on project impact...... 11 3. SOCIOECONOMIC INFORMATION AND PROFILE ...... 16 3.1 Introduction of earlier-stage Survey on the project...... 16 3.2 Socioeconomic overview of project affected areas...... 17 3.2.1 Introduction of project affected areas ...... 17 3.2.2 Investigation data of affected villages ...... 17 3.2.3 Data analysis ...... 19 3.3 Poverty...... 20 3.4 Minorities ...... 20 4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION ...... 21 4.1 Information Disclosure and Consultation ...... 21 4.2 Public participation...... 21 4.3 Village Meetings ...... 22 5. GRIEVANCE REDRESS MECHANISMS...... 24 5.1 Agencies handling complaints and appeals...... 24 5.2 Scope of complaints and claims ...... 25 5.3 Appeal procedures...... 25 5.4 ADB Accountability Mechanism...... 25 6. LEGAL FRAMEWORK ...... 26 6.1 National Laws and Regulations Concerning Acquisition and Relocation...... 26 6.2 ADB's Policy on Involuntary Resettlement...... 27 7. ENTITLEMENTS, COMPENSATION AND BENEFITS ...... 30 7.1 Policy and Principles...... 30 7.2 Compensation Standards ...... 31 7.2.1 House Compensation ...... 31 7.2.2 Land Compensation Standard ...... 31 7.2..3 Compensation for young crops ...... 32 7.2.4 Other Affected Facilities...... 32 7.2.5 Evaluation of the Compensation Standard...... 33 7.2.6 Payment of Compensation Fee...... 33 7.2.7 Temporary occupied land...... 34 7.2.8 House Relocation and Transition Subsidies...... 34
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7.2.9 Compensation scope of land acquisition and resettlement...... 34 7.3 Payment and monitoring of village-level land compensation...... 34 7.3.1 Inspection and preparation before transferring the fund...... 35 7.3.2 Management and monitoring of fund utilization...... 35 7.3.3 Auditing...... 35 8. HOUSE RELOCATION AND INCOME RESTORATION...... 37 8.1 Rehabilitation Planning Principles ...... 37 8.2 Land Redistribution and Income Restoration Measures...... 38 8.3 House Relocation ...... 38 8.4 Economic rehabilitation program for vulnerable groups ...... 38 8.5 Special Measures for Women...... 39 8.6 Rehabilitation program of special facilities...... 39 8.7 Entitlement Matrix ...... 39 9. RESETTLEMENT BUDGET AND FINANCING PLAN ...... 42 9.1 Cost estimates ...... 42 9.1.1 Basic costs...... 42 9.1.2 Contingency cost ...... 42 9.1.3 Management cost ...... 42 9.2 Fund Flow ...... 44 9.3 Fund sources and use of contingency cost...... 44 10. INSTITUTIONAL ARRANGEMENTS ...... 44 10.1 Coordination agencies ...... 44 10.2 Implementing agency...... 45 10.3 Village Committees and Village Groups ...... 45 10.4 Internal supervision agency ...... 45 11. IMPLEMENTATION SCHEDULE ...... 47 11.1 Preparation stage (January 2009---September 2010) ...... 47 11.2 Implementation stage (December 2010—March2011)...... 47 11.3 Rehabilitation stage (March 2011----December 2011)...... 48 11.4 Monitoring and Evaluation stage (December 2010—December 2011) ...... 48 12. MONITORING AND EVALUATION ...... 50 12.1 Internal Supervision ...... 50 12.1.1 Contents of internal Supervision ...... 50 12.1.2 The method of internal supervision ...... 50 12.1.3 The implementation of the internal supervision ...... 50 12.1.4 The responsibilities of supervision agencies ...... 50 12.1.5 Procedure and demand of supervision agencies...... 50 12.2 External monitoring and evaluation...... 51
Appendix
APPENDIX ONE: THE DETAILS OF THE FIRST VILLAGE MEETING
APPENDIX TWO：THE DETAILS OF THE SECOND VILLAGE MEETING
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Tables Table 1 Project affected area of Ningqiang Project...... 11 Table 2 Scope of Project Impacts...... 14 Table 3 Permanent Land Acquisition ...... 14 Table 4 Building Demolition ...... 14 Table 5 Ground Attachment...... 14 Table 6 Special Facilities ...... 14 Table 7 Agricultural crop income in project area...... 15 Table 8 Socioeconomic data of the affected area...... 18 Table 9 Basic data of the 80 affected sample households...... 19 Table 10 Comparison of income between affected area and other places n 2009 ...... 24 Table 11 Details of the village meeting ...... 22 Table 12 Rural Housing Compensation Standards...... 43 Table 13 Land Compensation Standard ...... 32 Table 14 AAOV of the Affected Areas...... 32 Table 15 Affiliated Facilities Compensation Standard ...... 33 Table 16 Skill Training Plan ...... 38 Table 17 Matrix of affected persons’ compensation rights and relocation policy ...... 40 Table 18 Land Acquisition and Resettlement Budget ...... 42 Table 19 Land Compensation Breakdowns ...... 43 Table 20 Housing Compensation Breakdowns...... 43 Table 21 Ground Attachment Breakdowns (1)...... 43 Table 22 Ground Attachment Breakdowns (2)...... 43 Table 23 Young Crop Compensation...... 43 Table 24 Schedule of land acquisition, housing demolition and resident resettlement ...... 48
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EXECUTIVE SUMMARY
A. Project background 1. Due to “512” Wenchuan great earthquake, Ningqiang 6.0 Richter-scale earthquake and other continuous aftershocks, the traffic facilities in Hanzhong City suffered a lot, and the direct losses reached RMB 24.5 billion yuan. In order to regain the normal life and production, to offset the losses to the affected population, and propel the socioeconomic development of the earthquake-hit areas, the People's Government of Hanzhong City, in accordance with the relevant regulations of the nation and Overall Plan on Hanzhongi Post- disaster Reconstruction, and the disaster situation in NIngqiang, the People’s government of Hanzhong City arranges Ningqiang County post-disaster reconstruction traffic project supported by ADB’s emergency loan---to rebuild 73.844km-long Ningqiang-Qingmuchuan Highway. The highway starts from Yangpingguan Town to Qingmuchuan Town at the cross of Shaanxi and SIquan Province, via Yanzibian Town, Anlehe Town, Guangping Town. There are two subprojects and the first one is to reconstruct highway from Ningqiang (Yangpingguan Town) to Yanzibian, and the second one is from Yanzibian to Qingmuchuan. The budget of these constructions is RMB202.8382 million yuan, including the total loan USD25.9 million (RMB177.156 million yuan), and RMB25.6822 million yuan local fund. The loan from ADB should only be used in the project construction and should not used to pay the compensation for land acquisition and relocation. After the approval from ADB, the project will begin in June 20, 2011 and complete in February 29, 2012.
B. Project impacts 2. According to the design draft and fieldwork survey, 185 villagers in 49 households will be affected by land acquisition and house demolition, accounting for 0.67% and 0.69% respectively of the total households and persons in the 19 affected villages. The project will acquire 55.3 mu lands, which accounts for 0.21% of the total 25,918 mu farmland of the 19 affected villages. 2,918 ㎡ building will be demolished. When the project is implemented, the affected villagers will be relocated in their own villages. So, the construction of the project will not affect seriously the villagers who are affected by the housing demolition.
C. Resettlement Policies, Compensation, and rehabilitation measures 3. To protect relocated people’s legal rights and to guarantee relocated quality of the relocated people are stipulated in both our country’s relevant policy and laws and ADB’s policy, mainly include The Land Administration Law of the People's Republic of China (Amended in 2004), Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28), and ADB Policy on Involuntary Resettlement (1995). In accordance with legal regulations concerning land acquisition and relocation by the national and local governments and guiding principles of ADB concerning relocation and resettlement, the Project shall be implemented in adherence to improving or not lowering the production conditions and living standard of the affected people. Therefore, the project will base on the spirit and demand of Decision on Furthering Reform of Land Management of the State Council and Notice on issuing the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People’s Republic of China and work out the plan of compensation.
D. Budget for land acquisition and resettlement 4. The total land acquisition and relocation cost is RMB 3.2542 million yuan, among it, the basic cost is RMB 2.3446 million yuan.，the administration cost is RMB 63,300 yuan, the service charge RMB 67,800 yuan, the monitoring and evaluation cost is RMB 80,000 yuan, the plan make-out cost is RMB 20,000 yuan, and the contingency cost is RMB 678,400 yuan.
5 Land acquisition, relocation compensation cost shall be paid directly to villager’s committee and affected individual by the County Project Office after the fund is paid to the bank and the County Project Office by the implementing agency.
E. Implementation Schedule The land acquisition, housing demolition and resident resettlement plan begins in June 20, 2011, and will be finished one month before the construction.
5. Preparation stage is from January 2009 to June 20, 2011. The main job is to set up project administration agency, to propaganda, to erect boundary markers, and to measure and check kind and quantity of affected land, housing and other facilities in site. This job is undertaken by the Project Office and affected villages.
6. Implementation stage is from June 20, 2011 to September 20, 2011. The main job is to sign an agreement on land expropriation, housing demolition and resident relocation compensation with affected villages’ Villagers’ Committee and affected villagers, to report documents of occupied land, to choose site and build new house, to transfer housing compensation and land compensation, and to transfer construction land to the project construction unit after finishing the land expropriation, housing demolition and resident relocation. Relocation together with compensation will precede housing demolition.
Rehabilitation stage is from September 20, 2011 to February 29, 2012. The main job is to adjust land, to implement economic rehabilitation plan and measures, and to have a affected individuals’ skill training. The implementation of land adjustment, economic rehabilitation measures, and skill training will be ongoing during the construction phase. The internal and external supervision will be carried out during all the process of land acquisition, demolition and relocation.
F. Organizational arrangement 7. The project is directed by the office (Shaanxi Provincial Project Office: in Shaanxi Using Overseas Loan Office) of the Leading Group, which is in charge of organizing, applying for ADB’s loan, coordinating relocation, monitoring and inspecting the payment of usage of the compensation for land acquisition and resettlement. Ningqiang County Post- disaster Reconstruction Leading Office is the project implementing agency. NIngqiang County Transport Bureau is in charge of organizing and coordinating compensation of land acquisition and relocation.
G. Public participation 8. As a vital social activity for land acquisition, resettlement and compensation, information and consultation should be well-prepared with the aim to make every correlative individual acquaint with the significance, processes, appropriation, compensation, appeal and the way of settlement and problems existing in the project construction and consultation shall be carried on before hand.
9. The RP will be finished in January 2011, and will be printed and distributed to affected county’s project office,. At the same time, the policies and compensation standard of land acquisition, housing demolition and resident resettlement will be spread out to all the affected villagers by announcement.
10. Besides efficient information and consultation, the people’s governments at all levels and the representatives of affected individuals will be invited to take part in the Project. They will know the whole process of land acquisition, housing demolition and resident resettlement
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compensation. And they can monitor whether all the work is undertaken in line with RP terms and ensure that the benefit of affected individuals is well considered.
I. Monitoring and evaluation 11. In order to guarantee the smooth process of the land acquisition, housing demolition and resident resettlement compensation, there are two kinds of supervision carried out simultaneously by two independent organizations in different ways: the first, an internal supervision system by the government to monitor according to RAP terms in the angle of administrative management; and the second, an external monitoring and evaluation system by sociologists to assess whether resettlement objectives have been met. 12. Supervision stage is from June 20, 2011 to February 29, 2012, including internal supervision and external supervision. The internal supervision is a continuous work, which begins when the land acquisition begins and finishes when the project completes. The upper- level project executing organ examines and supervises the work of lower-level project implementing organ, and the county project executing organ can set up an organ to undertake daily inspection and supervision in order to guarantee the implementation according to RAP terms. 13. The first work of the external supervision is socio-economic baseline survey (begins on June 20, 2011), and will continue until the project completes, and give an assessment of the resettlement implementation
7 SKETCH MAP OF YANGPINGGUAN-YANZIBIAN HIGHWAY PROJECT
SKETCH MAP OF YANZIBIAN-QINGMUCHUAN HIGHWAY PROJECT
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1. PROJECT DESCRIPTION
Project background
14. Due to “512” Wenchuan great earthquake, Ningqiang 6.0 Richter-scale earthquake and other continuous aftershocks, 92 counties in 11 cities (district) of Shaanxi Province suffered in different degrees, the affected population reached to 3,265,600, and the direct losses were RMB 24.5 billion yuan. Especially, 40 counties (districts) in Hanzhong City, Baoji City, Xiangyang City, Xi'an City and Yangling District suffered a lot.
15. In order to propel post-disaster reconstruction, the State Council issued Regulations on Wenchun Earthquake Post-disaster Reconstruction, Guidances on Wenchun Earthquake Post-disaster Reconstruction (Guofa 2008 No. 22), and Notice on Wenchun Earthquake Post-disaster Reconstruction Overall Plan (Guofa 2008 No. 31).
16. In order to regain the normal life and production, to offset the losses to the affected population, and propel the socioeconomic development of the earthquake-hit areas, the People's Government of Hanzhong City, in accordance with the above regulations of the State Council and Overall Plan on Hanzhong Post-disaster Reconstruction issued by Shaanxi Province and the situation of Ninqiang County, decided to rebuild Ninqiang- Qingmuchuan Highway project supported by the ADB emergency loan. The length of the highway is 73.844 km and from Yangpingguan Town to QIngmuchuan Town, via Yanzibian Town, Anlehe Town and Guanping Town. There are two subprojects: the first is Ningqian(Yangpingguan)-Yanziping Highway, the other is Yanzibian-Qingmuchuan Highway.
1.2 The components of the Project
17. There are two subprojects for traffic facilities in Ningqiang County of Hanzhong City supported by the ADB emergency loan. A. To rebuild Ningqiang (Yangpingguan)-Yanzibian Highway: the length of the highway is 19.727 km and the budget is RMB 67.844 million yuan, including 58.824 million yuan (USD 8.6 milion) ADB loan and 9.0202 million yuan local fund.
B. To rebuild Yanzibian-QIngmuchuan Highway. The length of the highway is 54.117 km and the budget is RMB134.994 million yuan, including 118.332 million yuan (USD 17.3 milion) ADB loan and 16.662 million yuan local fund.
The construction standard of the highway is Class 3 highway in mountainous area. The design speed is 30km/h. The width of the road base is 7.5m and the width of the road is 6.9m. The surface of road is asphalt.
1.3 Arrangement of the investment and implementation
18. The total investment of the traffic transport facilities in Ningqiang County supported by the ADB emergency loan is up to RMB 202.8382 million yuan, including 177.156 million yuan (USD 25.9 million) ADB loan and 25.6822 million yuan local fund. The loan will be used only in construction but not in land acquisition and relocation. After the approval of the project by ADB, the project will begin in April 2011 and finish in December 2011.
9 1.4 Economical and technological feasibility study and earlier stage work
19. The initial preparation of the Project has been carried out one after another. SDRC approved the reports on the feasibility studies on May 21 2009 (SDRC JIAOYUN NO. 688). At present, the designs of the project have been finished and have been approved by Hanzhong Transport Bureau.
1.5 Potential adverse impacts
20. The post-disaster reconstruction supported by ADB's emergency loan in Ningqiang County will help the affected population to regain their normal life and production, to compensate their losses, and to propel the socioeconomic development. However, according to other implementations of similar project, we should pay attention to several problems especially in the project: the first is that the project fund should be paid in full amount and in time to guarantee the project's implementation. Second, we should guarantee the quality of various construction to avoid possible inconvenience and security problem for the later use. Third, we should handle all the possible problems during the constructing process and any unexpected situation, with the attitude of being open, just, transparent, consultative and consistent. And we should avoid any negative influence to the project caused by the policy deviation and the responsibility oversight.
1.6 Executing and implementing agencies
21. The executing agency of the Project is Leading Office of Ningqiang County Post-disaster Reconstruction, and the implementing agency is Ningqiang Transport Bureau.
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2. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
2.1 Impact Area of the Implementation of the Project
21. The project will induce land acquisition and house demolition impacts. As a result of the project, 55.3 mu of land will be acquired, which will affect 185 persons in 49 households in 19 villages. The impact area of the implementation of the project is: the 19.763km-long Ningqiang-Yanzibian Highway will affect 4 villages in Yangpingguan Town, and the 54.141km-long Yanzibian-Qingmuchuan Highway will affect 15 villages in Yanzibian Town, Anlehe Town, Guangping Town and Qingmuchuan Town (Table 1). The data of the affected villages are in Table 8.
Table 1 Project affected area of Ningqiang Project (2010.6)
type Affected town Number of Affected village subproject affected villages 1、Ningqiang-Yanzibian Yangpingguan 4 Yangpingguan, Leigutai, Huimingou, Laimagou Highway
2、Yanzibian- Yanzibian, 15 Shengjiaba, Zaolinba, Mucaogou, Zhongba, Qingmuchuan Highway Anlehe, Anlehe, Shiyazi, Guangping, Caojiagou, Guangping, Maozhui, Hougou, Yuquanba, Lijiayuan, Qingmuchuan Dongba, Qingmuchuan, Nanba total 5 19
2.2 Principles and measures to reduce project impact
2.2.1 Principles
21. The basic principle of the project implementation is to reduce the affect of project impacts to the socioeconomic development and people's life as far as possible, and the preparation work of the project shows the principal. During the stage of survey and design, the project is discussed by local government and experts. The project will not decrease its technical standard and environment protection standard, and then, the location and direction of the project is decided according to the following principles: （1）The design institute should design the project to occupy farmland as less as possible, taking advantage of barren hill, barren land and barren beach to minimize land acquisition. （2）To avoid humane scenery (including temples for religious activities) and the key protection unit of cultural relics. (3) To avoid densely inhabited area to minimize affected persons. (4) To protect the existing water conservancy facilities. To resume the affected part by the project and to maintain the original irrigating system.
2.2.2 Measures
（1）At the stage of feasibility study, when choosing the project place, we first decide key area and key place to avoid, and decide the project area taking construction, environment, resettlement into consideration.
11 （2）To have a fieldwork survey of the project area, to collect topography, landforms, cultural relics, mineral resource and economy development program, and to solicit local government and residents’ opinion of the position scope. (3) To have field measure of land acquisition and resettlement, survey of residents’ opinion and social economy. According to the relevant laws and policy of our country, to determine the compensation standard of affected land and resettlement, to survey the number of all kinds of land and building, and to survey land, farmland, population construction, economic condition, etc. (4) To collect detailed data of cultural relics in the affected area. (5) To negotiate with villages in the affected area and plan department, and to choose places to construct, and not to occupy the high-quality farmland. （6）According to the results of the survey, to compute the total expenses of land acquisition and resettlement and the project (including the environmental protection fee).To have a joint meeting with three parties of engineering, environmental protection and resettlement, to consider local development program, government, and residents' opinions, to analyze and compare the survey result as follows. ------Comparison of construction investment ------The possibility of the labor force setting, the analysis of environment capacity in certain area ------The project affection to irrigation and domestic water, if it is easy to resume ------From the point of local economy develop potential, to analyze if it is easy to resume or raise the living level of local residents after land acquisition and to make sure the production and living level will not decrease after land acquisition ------The analysis and comparison of the construction benefit and social benefit of the project By comparing the above items, improving the plan, soliciting local residents' ideas, the final draft is decided. So, considering the above principles, the project decides to reform and improve the present highway (Ningqiang—Yanzibian—Qingmuchuan) in order to reduce the amount of land acquisition, demolition and relocation. In the stage of survey, the construction unit will make further survey on the implementation area to choose the best option and to minimize land acquisition. In the stage of implementation, the project owner and supervision engineers will check construction design of the construction unit to minimize land occupation and farmland damage; in the stage of resettlement, the resettlement unit will minimize fertile land occupation when they choose place for rebuild housing and other buildings.
2.3 Number and kinds of the project impact
22. According to the implementation plan of the project, in June of 2010, the implementation agency surveyed the affected number and kinds. The detail is in Table 1--- Table 8. However, the final number and kinds will be finalized according to the measure and check before implementation of land acquisition and resettlement.
2.3.1 Types of project impacts
（1）4 kinds of occupied land：Irrigated land, dry land, residential land and temporarily occupied land. （2）4 kinds of houses: Brick and concrete, brick and wood, earth and wood, simple (3) 8 kinds of attached facilities: enclosure, pigsty, water closet, door, fruit trees, and other trees. (4) 4 kinds of special facilities: Irrigating facilities, telecommunication facilities, and power facilities,
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2.3.2 Building Demolition
23. The project needs to demolish 2,918 ㎡ buildings, among which, brick and concrete building is 495 ㎡, brick and wood building 728.5 ㎡, mud and wood building 1,066.5 ㎡, and simple building 628 ㎡.
2.3.3 Land Acquisition
24. The Project will expropriate 55.33 mu of land area, including 10.69 mu irrigated land, 37.88 mu dry land, 48.57 mu young crop, and 63.34 mu temporarily occupied land (public land and leftover beach land). (see Table 3)
2.3.4 Ground attachments
25. The affected ground attachments in this project contains: 172 fruit trees, 1,931 other trees, 220 meter enclosure, 120 ㎡ pigsty, 7 water closets, and 9 doors. (see Table 5)
2.3.5 Other facilities
26. Other affected facilities are: 3 wells, 340 meter water pipe, 144 electricity poles, 1 telecommunication box.
2.3.6 Total number of affected persons
27. According to survey, at the 19 affected villages of the project area, 185 persons in 49 households will be affected by land acquisition, accounting for 0.67% and 0.69% respectively of the number of households and persons of the 19 affected villages. 128 persons in 34 households will also be affected by housing demolishment, accounting for 0.47% of the number of families and persons of the affected villages. See Table 2. There is no person or house affected only by housing demolition by not affected by land acquisition.
Table 2 Scope of Project Impacts
Person/family Person/family Subproject Affected Population Acquired Affected Houses village persons/ land persons / demolished affected by affected by house loss LA & HLD families (mu) families by （㎡） demolition land acquisition Ningqiang-Yanzibian 7007/ 98/ 4 24.12 1979.5 83/22 83/22 Highway 1909 26 Yanzibian- Qingmuchuan 15 20828/5371 31.21 87/23 938.5 45/12 45/12 Highway Total 19 27289/7280 55.33 185/49 2918 128/34 128/34
13 Table 3 Permanent Land Acquisition
Subproject Acquired land（mu） Other
total Irrigated Dry land Residential Young crop Temporarily land land land occupied land Ningqiang-Yanzibian 24.12 2.56 17.1 4.46 19.66 25.34 Highway Yanzibian-Qingmuchuan 31.21 8.13 20.78 2.3 38.91 38. Highway Total 55.33 10.69 37.88 6.76 48.57 63.34
Table 4 Building Demolition Subproject Demolished buildings（㎡）
total Brick and Brick and Wood and Simple concrete wood mud 1979.5 Ningqiang-Yanzibian 399 334.5 852 394 Highway 938.5 Yanzibian-Qingmuchuan 96 394 214.5 234 Highway total 2918 495 728.5 1066.5 628
Table 5 Ground Attachment
Subproject Fruit Other enclosures Pigsty WC Entrance gate wood tree （m） （㎡）
Ningqiang-Yanzibian 95 615 105 90 5 4 Highway Yanzibian-Qingmuchuan 77 1316 115 30 2 5 Highway total 172 1931 220 120 7 9
Table 6 Special Facilities
Subproject Power Telecommunicati tomb well pipe pole ion box （m）
Ningqiang-Yanzibian 91 1 2 340 Highway Yanzibian-Qingmuchuan 53 56 1 Highway Total 144 1 56 3 340
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2.4 Evaluation on project impact
28. According to the design draft and fieldwork survey, the land acquisition of the project will not affect local residents' farmland seriously. In the 19 affected villages, the farmland per capita before land acquisition is 0.95 mu, and the project will acquire 65.53 mu land (including 58.57 mu farmland). After land acquisition, Hougou village of QIngmuchuan Town suffers most farmland loss rate. Hougou village owns 200 mu farmland and the project will acquire 2.9 mu, so the farmland loss rate is 1.45%. From the total situation of the 19 villages, the farmland per capita is 0.947 mu after land acquisition, the farmland loss per capita is 0.002 mu and the loss rate is 0.2%. So, the affection of land acquisition is little.
29. According to the survey, the total income per capita of affected villages from 2006 to 2009 is RMB 3785 yuan. The output value per mu from agricultural products such as rice, corn, rapeseed, orange and loquat is only about RMB 700 yuan. Except the cost, the annual net income per mu is only 350 yuan. See Table 7.
Table 7 Agricultural crop income in project area
Output Average price last Total Production Item Net income* (kg/mu) 3 years (RMB/kg) income cost rice 360 0.9 324 200 123 corn 370 1 370 200 170 rapeseed 400 1.8 720 320 400 * The project area is located in North continental monsoon temperate climate. The irrigating land can harvest rice twice every year. The project area is suitable for vegetable and the output is a little higher than that of other areas in Shaanxi Province. But the dry land is mainly slope land, the output of which is only a half as that of irrigated land.
30. During the implementation of the project, 2,918 ㎡ of buildings will be demolished, and 128 persons in 34 households will be affected by the demolition and need to be relocated, which account for 0.47% of the total 27,289 persons in 7,280 households in the 19 affected villages. 185 persons in 34 households will be affected by land acquisition, accounting for 0.67% and 0.69% of the total affected households and persons. The households which will be affected by housing demolition and relocation are the ones affected by land acquisition at the same time. So, the affected persons are included in the persons affected by land acquisition. From this data, the affect of the project is not significant.
31. Because the rate of the affected persons and households is very low, after obtaining full compensation, the affected villagers will be relocated within their own villages and will construct their new houses by use of compensation. So, the construction of the project will not seriously affect the affected households.
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3. SOCIOECONOMIC INFORMATION AND PROFILE
32. Foreign Loan Office of Shaanxi Province is in charge of the socioeconomic survey, supervision and preparing the plan of land acquisition, housing demolition and resident resettlement over the affected area of the Project. Ningqiang Transport Bureau, the implementation agency, along with project social development consultant experts, is in charge of all the work of the project baseline investigation, socioeconomic investigation, and the formulation of the plan of land acquisition, housing demolition and resettlement.
3.1 Introduction of earlier-stage Survey on the project
33. The earlier-stage survey on the project is carried out in two sections: From September 2008 to May 2009, when Ningqiang Transport Bureau were doing the feasibility study to this project, they carried on a preliminary socioeconomic survey of the affected area, and solicited the local government and some villagers' opinions in certain scope. In June of 2010, Ningqiang Transport Bureau, along with the consultant experts, had a total investigation on the socioeconomic condition of the project affected villages, and affected persons, land, houses and attached facilities. The investigation involves 27,289 persons in 7,280 households at 19 villages of 5 towns. After analyzing and processing the data and information under the surveys, the Bureau has compiled the “Land Acquisition, Relocation and Resettlement Plan under the Project of Post-disaster Reconstruction supported by ADB's Emergency loan in Ningqiang County, Hanzhong CIty.
34. The survey in Ningqiang County employs sample investigation on Ningqiang County Post-disaster Reconstruction of transport supported by ADB's emergency loan. Because the project is an ADB emergency loan project, and there were several disasters during the investigation, the survey chooses 4 villages as sample investigation villages, and the sample rate is 21%. At each village, 15 households are chosen as sample households and the sample rate is 4%. Concrete survey method adopts both collecting materials in room and visiting villages and families outside, both having an informal discussion and questionnaire survey. That is to say, we collect relevant characteristics, report form and drawing materials from project implementation bureau and other relevant bureaus. At the same time, we have an informal discussion with the project implementation area villagers, observe and survey on the spot, and fill out fixed tables. All these make the survey as aimed as possible.
35. The project impact survey and socio-economic survey mainly covered following items: （ⅰ）The project affected area socio-economic survey and survey of villagers’ living style, the main contents are as follows: a. administrative area, including the basic situation of county, city and province affected by the project b. Main economic index in 2006—2009 in the above affected area c. The impoverished population distribution in the above affected area d. The living condition of minority households, particularly and women and to check whether any minority groups are living in the above affected area e. the highway condition in the project affected area f. The information of the affected villages, including population, farmland, per capita income g. The information of the sample households, including the percentage of income from planting, breeding, sideline and industry h. The working construction and average property of the sample households i. The living condition, drinking water condition and life style at the affected village j. The affected individuals' attitude and opinion to the project, the compensation policy of land expropriation, housing demolition and resident relocation, and economic resume plan （ⅱ） Land expropriation, housing demolition and resident relocation affection impact survey, the main contents are:
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a .The quantity of affected land expropriation, housing demolition and all kinds of special- purpose facilities, the number of affected individuals caused by the Project b .The quality, output per mu and output value of occupied farmland of the project c .The construction value and rebuilt value of demolishing buildings of the project d .The economical situation of the affected households e The economical situation of the affected villages and enterprises f .The duration to the land expropriation, housing demolition and resident relocation of the affected g .The opinions and attitude of the project given by people
3.2 Socioeconomic overview of project affected areas
3.2.1 Introduction of project affected areas
36. The Project area, Ningqiang County of Hanzhong City, locates in the southwest part of Shaanxi Province. Ningqiang meets Mian County at Mahuanggounaoshang in the east, Wangcang County of Sichuan Province at Maopoliang of Maobahe Town in the south, Qingchuan County of Sichuan Province at Qingmuchuan Town at the west, Lueyang County at Shanggouli of Miaoba Town in the north, Nanzheng county and Wangcang county in the southeast, QIngchuan county and Guangyuan city in the southwest, Miao county and Lueyang in the northeast, and Kang county and Wudu county of Gansu Province in the northeast. The length from east to west is 101.65 km and 65.32 km from south to north, and the area is 3282.73 square kilometers. The farmland is 0.44 million mu, including 76000 mu irrigated farmland, and the farmland per capita is 1.48 mu. There are 1717 villager group, 269 villages and 8 communities in 26 towns. The population is 340000, and 90% is agricultural persons. There are nearly a thousand minorities such as Hui, Menggu, Miao, Zang, Zhuang, and Chaoxian. In 2009, the GDP of NIngqiang is 2.6331 billion yuan, increasing 14.5%, and the GDP per capita is 8217 yuan, increasing 13.5%. The income of town residents is 12,468 yuan, increasing 24.1% and 3146 yuan for rural residents, increasing 23.3%.
3.2.2 Investigation data of affected villages
(1) Population of affected villages
37. There are 19 villages in 5 towns in the project area of Ningqiang County Post-disaster Reconstruction Traffic Project Supported by ADB's Emergency Loan. The population is 27289 in 7280 households, among which, 14066 persons are male and 13223 are female, and the rate is 1: 0.94. The population per household is 3.5. There are 3567 children, 5338 persons older than 60, and 18384 adults. The portion in the total population is 13.07%, 19.56%, and 67% respectively.
38. According to the sample investigation data, about 18.65% of the total population, 5089 persons received elementary education. 51.23%, 13980 persons received junior middle school education. 12.74%, 3477 persons received senior middle school education. 10.36%, 2827 persons received no education at all.
(2) Socioeconomic condition
39. According to household survey, by the end of 2009, there are no village enterprises or individual enterprises in 17 affected villages in the project area. Villagers' income is from agriculture, part-time job and household aquaculture and animal husbandry. At present, more
17 than 10,086 persons (56% of the 18011 labor force) get part-time jobs mainly in Hanzhong, Guangyuan and Xi'an, and the part-time job income accounts for 58% of the total household income. 51 families undertake transportation for passengers and to transport agricultural products. All other people only undertake agricultural work. There are 25,918 mu farmland in the affected villages and the farmland per capita is 0.95 mu. They plant crops such as rice, corn, rapeseed, orange, and loquat. Animal husbandry such as chicken, pig and cow is another income source. In 2009, the per capita income in 19 affected villages was 3,785 yuan. See details in Table 8.
Table 8 Socioeconomic data of the affected area
Villagers household Rural Poor Farmland Net Total committee Population (person/household) (mu) income income of subproject Affected town per village capita Yangpingguan 674 2330 353/126 1503 4476 10429080
Ningqiang_ Leigutai 336 1318 194/68 600 5004 6595272 yanzibian Yangpingguan Highway Huimingou 555 2041 277/102 2668 4213 8598733
Laimagou 344 1318 201/71 1206 3793 4999174
subtotal 1 4 1909 7007 1025/367 5977 4370 30622259
Shengjiaba 494 1720 324/133 1009 3723 6403560
Zaolinba 594 2016 364/152 1002 3556 7168896 Yanzibian Mucaogou 302 1240 180/75 157 3413 4232120
Zhongba 620 2427 391/165 3416 3265 7924155
Anlehe 370 1329 95/41 1446 3218 4276722 Anlehe Shiyazi 377 1411 129/50 1826 3219 4542009
Guangping 572 1973 273/115 2165 3913 7720349 Yanzibian- Qingmuchuan Guangping Caojiagou 286 1127 128/56 1165 4081 4599287 Highway Maozhui 225 975 99/45 1285 3729 3635775
Hougou 114 408 64/28 200 2889 1178712
Yuquanba 297 1311 168/73 2500 3312 4342032
Lijiayuan 114 428 58/25 1000 2915 1247620 Qingmuchuan Dongba 279 1050 147/67 770 3316 3481800
Qingmuchuan 287 1459 95/43 300 4978 7262902
nanba 440 1408 198/88 1700 3309 4659072
Subtotal 4 15 5371 20282 2713/1156 19941 3583 72675011
total 5 19 7280 27289 3738/1523 25918 3785 103297270
(3) Investigation data of the sample households
40. In the project area, 20 households in each village of Shengjiaba, Zaolinba, Mucaogou, and Zhongba are chosen as sample households, accounting for 4% of the total households, and the total sample households are 80. The data are in Table 9.
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Table 9 Basic data of the 80 affected sample households
Affected 80 households item End of 2007 End of 2008 December of 2009 time 285 285 288 population 187 187 187 Labor force 187 187 187 Agricultural population 0.95 0.95 0.95 Farmland per capita （mu） 3600 3200 4225 Annual average net income (yuan) 2.75 2.75 2.75 Farmland per household Yearly output value per mu 750 600 850 Average net 2080 12960 1650 11520 2340 15210 planting income per 2327 2260 2830 household poultry ） 8553 7610 10040 sideline Average 3600 11500 3810 18860 4800 17400 Production cost cost 7900 15050 12600 Life cost 20 Housing per capita 1.5 Production Machinery 1 Life apparatus
Note: the planting income contains income from orchard.
41. According to the investigation, the average income per household is 15,210 yuan a year for the 80 sample households in the 19 project affected villages, and income per capita is 4,225 yuan, which is a bit higher than 3,475.45 yuan for that of the 19 villages. The farmland output value contains irrigated land, dry land and slope land average annual output value. The average annual value is 725 yuan from 2007 to 2009. The figure in 2008 changed a lot because of the great earthquake, and anti-earthquake was the main task. The data are a little bit different from that of the village, and the reason may be the villagers' expectation, and so on. However, the data are nearly the same.
3.2.3 Data analysis
42. The investigation data from the 19 villages in 5 towns of Ningqiang County, the project area, show that the life standard in the affected villages is lower than that of the country, but higher than that of Shaanxi Province, and that of Ningqiang County. Table 10 shows that the income standard of the affected villages in affected area in Ningqiang County is 73%, 108%, and 120% of that of the country, the province and the county. In 209, the annual income per capita in the affected villages is 3,785 yuan (USD557). The main income source is planting, poultry, part-time job, and the third industry.
Table 10 Comparison of income between affected area and other places in 2009
Item country Shaanxi Ningqiang Affected village Disposable income for town 17175 14600 12468 ------people Rate compared with （%） 100 85 73 ------
Net income for rural people 5153 3500 3146 3785 Rate compared with （%） 100 67.9 61 73
19 43. “512” Wenchuan Earthquake damaged Ningqiang’s socioeconomic development greatly. The economic losses are 5 billion yuan. Especially, the damage of highways, bridges, landslide brought great trouble for the local people's life and production. This is the greatest natural disaster from which Ningqiang County suffered from the foundation of PRC in 1949, so the State Council made Ningqiang County as one of the 41 counties (districts) which suffered most from the great earthquake.
3.3 Poverty
44. By the end of 2009, the minimum living population is 3,738 persons in 1,523 households, accounting for 20.9% of the total rural households and 13.7% of the total rural population in Ningqiang County. The main reasons for being poor are: a. the main labor of the family is weak or ill, b. lack of labor (working age adults), and c. high expense on the sick. Among the 49households affected by the project, only 10 households are the minimum living households, accounting for 20.4% of the affected households, which is similar with the data of the villages.
3.4 Minorities
45. There are no minorities living together in the area, and all residents speak Chinese.
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4. INFORMATION DISCLOSURE, CONSULTATION, AND PARTICIPATION
4.1 Information Disclosure and Consultation
46. As a vital social activity for land acquisition, resettlement and compensation, information and consultation should be well-prepared with the aim to make every affected individual acquainted with the significance, processes, appropriation, compensation, appeal and the way of settlement and problems existing in the project construction. Therefore, consultation shall be carried on before hand.
（i）The information and consultation process is as follows: Land acquisition, resettlement and compensation shall be carried out by two methods: first, social medium; second, correspondent management mechanism. a. Make good use of newspaper, radio. TV, and bulletin in order to get understanding and support from every aspects of the society. b. The project administration office consultation to affected individuals in forms of meeting, document, notice, and so on, before the project begins. （ii）The contents of the information and consultation a. To explain the significance of the construction and timing of the project. b. To explain the principles and procedures of land acquisition, housing demolition and resident resettlement in RAP, and plan and measures of economic rehabilitation. c. To explain all levels of project administration and their duty scope. d. To explain compensation standard of land acquisition, housing, other property and all kinds of specialized facilities. e. To explain the distribution and usage of compensation fund. f. To explain the way of submitting a grievance claim during the land acquisition, housing demolition and resident resettlement compensation. g. To explain the duty and jurisdiction of claim accepting agency at all different levels, and inform the affected individuals or enterprises how to protect their own benefits and right through legal way. h. To explain internal supervision agency and external monitor and their activity contents in the compensation work. i. The information of land acquisition, housing demolition and resident resettlement must be explained to women, the disabled and other vulnerable groups By above mentioned activities, make all the affected individuals aware of impacts and their entitlements so they are more willing to accept and support the project. (iii) Timing of information disclosure and consultation
47. The RP was finished in May 2011, printed and distributed to affected county’s project office,. At the same time, the policies and compensation standard of land acquisition, housing demolition and resident resettlement was spread out to all the affected villagers by announcement.
4.2 Public participation
48. Besides efficient information and consultation, people’s governments at all levels and representatives of affected individuals will be invited to take part in the Project implementation. They will know the whole process of land acquisition, housing demolition and resident resettlement compensation. They can monitor whether all the work is undertaken in line with RP terms and ensure that the benefit of affected individuals is well considered.
49. In terms of holding meetings or soliciting individuals’ opinions, the project
21 implementation agency has already solicited opinions and suggestions from (a) the governments at all levels along the project construction line, (b) the representatives of affected units in the stage of design and preparation, and (c) affected villagers. They take the following activities in the process of land acquisition, housing demolition and resident resettlement. a. Survey and design stages:(have done) ------Comparison of project implementation draft ------Sorting and measuring of affected land and housing ------The survey and check of trees, wells, enclosures, etc. ------The survey and check of irrigation, electricity, communication and other facilities b. Implementation stage: ------Sorting the compensation scope and definition of compensation standard ------Sign of compensation agreement ------Choosing new relocation spot and building the new houses ------Redistribution of land ------Rehabilitation plan (by use of compensation funds) ------Resettlement of affected persons and enterprises ------Survey and coordination of grievance claim and appeal measures ------Monitoring and evaluation of resettlement implementation and results.
4.3 Village Meetings
50. The contents of village meetings are about all the aspects such as target, scope, policy of land acquisition, housing demolition and resident resettlement, compensation standard, payment way, executive agency, implementation plan and so on.
51. Each affected village has held the village meetings in late May 2010,January 2011 and the fifteenth to eighteenth May 2011, which invited the leaders of the village, the representatives of affected individuals, the representatives of the poor to take part in, discussing the policy of resident resettlement, the implementation plan, etc. The minutes of village meetings indicate that local communities and villagers strongly support the construction of the Project, and agree the compensation rates provided in the resettlement plan. (see Table 11, details see appendix I and II)
52. The responsible agency of village meetings is the land administration bureau at all levels, with close coordination with the village committee. Once the project implementation begins, the key persons in charge of resettlement administration at all levels, office address and telephone contact numbers should be announced in the affected areas.
Table 11 Details of the village meeting
Vilalge time place attendant Topic and meeting conclusion The first May 20, 2010— Each County project office, publicize and discuss village May 29, 2010, affected town government, the project plan; discuss meeting of every village held village members of the 19 and make suggestion on the 19 a village meeting villagers’ committees, land acquisition, housing affected villager representatives. demolition, relocation, villages The members of the 19 the affect to the poor, villagers’ committees are women, and the up to 63 persons (23 vulnerable, the females), and the villager compensation standard representatives are 121 and relocation plan. persons (38 females).
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The second January 4, Meeting County project office, feedback the first village 2011—January room of town government, village meeting, and meeting of 12, 2011, five the members of the 19 discuss the compensation the 19 village meetings County villagers’ committees, standard of land affected at 5 different Transport villager representatives. acquisition, housing villages towns Bureau The members of the 19 demolition, relocation villagers’ committees are plan. up to 58 persons (21 females), and the villager representatives are 105 persons (31 females). The third Each The person in the 19 With public way to village affected affected village update solicited the public meeting of May 15,2011 village opinion of the the 19 -May 18,2011 compensation plan affected .The villager villages representatives agreed with the compensation plan.
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5. GRIEVANCE REDRESS MECHANISMS
53. In order to protect the affected individual's interest, if anyone feels dissatisfied about the allocation work, he or she may make complaint and appeal to the project offices at correspondent levels. Further, he or she may take judicial proceedings to the People's Court of county or municipal level.
5.1 Agencies handling complaints and appeals
54. Agencies transacting complaints and appeals are: the post-disaster reconstruction leading offices at correspondent levels, People's Government of the town and the villagers' Committee.
55. The appeal transaction agencies are People's Court of the County and the Municipal Intermediate People's Court. The appeal transaction agencies and procedures are listed as follows:
Appeal and lawsuit agencies and procedure
City’s Intermediate People’s Court
County People’s Court
Provincial Post-disaster Reconstruction Leading Office
County Project Office
Affected Villagers’ Committee individuals
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5.2 Scope of complaints and claims
（i）Complaint caused by land ,housing and other facilities compensation. （ii） Complaint caused by unsuitable dealing in the process of demolition or forcing the price down on purpose. (iii) Complaint that the compensation standard is too low (iv) Complaint that the project construction damages others’ benefit. (v) Complaint that the staff damage the affected enterprises or individuals’ interest or damage others benefit. （vi）Complaint that the affected individuals think the compensation standard is lower than the replacement value.
5.3 Appeal procedures
（i）If the resident complains about land acquisition, housing demolition and resident resettlement work, first, they can tell it to the village committee in written form or orally, and ask for a solution or response. If the problem cannot be solved, the county (district) project office should coordinate and resolve. If the resident doesn't receive any response in three weeks or is not satisfied, he/she can claim to the project management office at higher level in written form. （ii）The project management office at upper level should solve in three weeks after receiving claims from the affected individuals. If the problem is not solved in three weeks or the affected individuals are not satisfied, they can make a lawsuit to county (district) people’s court according to legal procedure. (iii) If the affected individuals are not satisfied with the judgment made by county(district ) people’s court, they can appeal to the city intermediate people’s court. The judgment made by the intermediate people's court is final; the affected individuals must obey the judgment.
5.4 ADB Accountability Mechanism
56. If two or more households still think they have suffered direct, material and adverse harm and believe it stemmed from ADB's lack of compliance with its policy and/or this RP, they may submit a request to ADB following procedures set out in ADB's Accountability Mechanism1.
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6. LEGAL FRAMEWORK
6.1 National Laws and Regulations Concerning Acquisition and Relocation
57. In accordance with the following legal documents, the construction unit is entitled to the land acquired upon compensating the affected units and people.
(1) The Land Administration Law of the People's Republic of China . Adopted at the Sixteen Session of the Standing Committee of the Sixth National People's Congress on June 25, 1986; amended in the light of the Decision of The Fifth Session of the Standing Committee of the Seventh National People's Congress on Amending the Land Administration Law of the People's Republic of China on December 29,1988, and amended at the Fourth Session of the Standing Committee of the Ninth National People's Congress on August 29,1998; and effective as of January 1,2004. Main contents: formulations on land ownership, land using overall plan, farmland protection, land for construction, supervision and inspection, legal responsibility, including land expropriation compensation, subsidy standard for relocation, and relocation way of relocated people. (2) Regulations on the Protection of Basic Farmland (No.257 Decree of the State Council of The People's Republic of China on December 27,1998) Main contents: in line with Agriculture Law of the People's Republic of China and the Land Administration Law of the People's Republic of China, concrete formulations for the country's protection of basic farmland, including delimitation, protection, supervision and management, legal responsibility, and so on. (3) Interim Regulations of Farmland Use Tax of the People's Republic of China (No. 27 Document of the State Council on April 1,1987) Main contents: formulations about tax contribution standard and contribution range of state construction occupied farmland. (4) Regulations on the Implementation of the Land Administration Law of the People's Republic of China of Shaanxi Province (adopted at the Twelfth Session of the Standing Committee of the Ninth Provincial People's Congress on November 30, 1999, and effective on January 1, 2000) Main contents: in line with the Land Administration Law of the People's Republic of China, Regulations on the Implementation of the Land Administration Law of the People's Republic of China, the reality of Shaanxi Province, concrete formulations.
(5) Detailed Implementation Regulations on Regulations on the Protection of Basic Farmland of Shaanxi Province (No. 30 Decree of the People's Government of Shaanxi Province on April 4, 1996) Main contents: in line with the Land Administration Law of the People's Republic of China, Regulations on the Protection of Basic Farmland by the State Council, relevant laws and regulations, and the reality in Shaanxi Province, concrete formulations on the protection of the basic farmland in Shaanxi Province. (6) Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28) Main contents: In order to use the land properly, to protect the legal rights of the peasants whose land is expropriated, to maintain social stability, and to perfect the land expropriation and resident relocation system, the decision puts forward the guide principle and way to perfect the compensation of land expropriation. The decision asks all the county, city and province governments to take useful measures to make sure that the peasants' living standard will not decrease after their land is expropriated, and that according to laws in force, the land compensation, relocation compensation, ground attachment and young crop
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compensation are paid in full and in time. If according to laws in force , after the payment of land compensation and relocation compensation, the peasants whose land is expropriated cannot maintain the original living standard , and their social security can not be paid , the province , autonomous region and municipality government should agree to add relocation compensation. If the sum of land compensation and relocation compensation reaches the legal upper limit, but the peasants whose is expropriated couldn't remain the living standard as before, the local people's government can subsidy with the state-owned land income. The government of province, autonomous region and municipality should work out and promulgate the standard of output value or price of land. The land expropriation should be the same land the some price. The national key construction project should take the expense of land expropriation into its budget. (7) Notice on Printing the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People's Republic of China (Nov. 3, 2004, Guotuzifa [2004] No. 238) The main contents: to put forward how to carry through 《The Decision of the State Council on Deepening the Reform and Strictly Enforcing Land Administration》especially aiming at some problems during the land expropriation compensation and relocation system. There are two aspects: A. To formulate unified annual output value standard. The provincial land and resources administration along with relevant agencies woks out the lowest unified annual output value of every county in the province, then announce and carry out it after the approval of the province government. The workout of unified annual output value standard should consider the type and quality of expropriated land, the investment on the land, the price of agricultural products, the grade of land, and so on. B. The affirmation of unified annual output value times. The unified annual output value times of land compensation and resettlement subsidy should ensure the peasants whose land is expropriated remain a standard no lower than before and be worked out within the legal limit. According to the legal unified annual output value times, if the land compensation and resettlement subsidy couldn't ensure the peasants whose land is expropriated couldn't remain the original living level and couldn't pay for their social security, the times can be increased after the approval of province government. If the sum of land compensation and resettlement subsidy is 30 times as the unified annual output value, the peasants whose land is expropriated couldn't remain the original living standard, the local government can subsidy from the state-owned land income. If the basic farmland is expropriated by the legal approval, the land compensation should be carried out according to the highest compensation standard announced by the local government. (8) Regulations on Land Acquisition for Construction Project of Shaanxi Province. (No. 78 document issued and effective as of January 8, 2002 by Shaanxi Provincial Government) Main contents: to regulate the land acquisition in Shaanxi Province. According to The Land Administration Law of the People’s Republic of China and Regulations on the Implementation of the Land Administration Law of the People’s Republic of China of Shaanxi Province, the regulations puts forward the principal and method to protect, explore and use land reasonably, and to guarantee construction land environment and to balance the land use and supplement.
6.2 ADB's Policy on Involuntary Resettlement
58. For its supported construction project, ADB formulates its policy--- ADB's Policy on Involuntary Resettlement (1995). Its main contents are same as our country's relevant laws and regulations, and only a few items are different.
59. Involuntary resettlement should be an important consideration in project identification. For any project that requires relocating people, resettlement should be an integral part of
27 project design and should be dealt with from the earliest stages of the project cycle, taking into account the following basic principles: （1）Involuntary resettlement should be avoided where feasible. （2）Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (3) 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 favorable 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. (4)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 time-bound actions and budgets. Resettlers should be provided sufficient resources and opportunities to reestablish their homes and livelihoods as soon as possible (5)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. （6）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 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. (7)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 nonresidents who wish to take advantage of such benefits. (8) Particular attention should be paid to the needs of the poorest affected persons including those without legal title to assets, female-headed households and other vulnerable groups, such as indigenous peoples, and appropriate assistance provided to help them improve their status.
60. The ADB Policy on Involuntary Resettlement set out principles: the following are relevant for this Project: Where population displacement is unavoidable, a detailed resettlement plan with time-bound actions specified and a budget are required. Resettlement plans should be built around a development strategy; and compensation, resettlement, and rehabilitation packages should be designed to generally improve or at least restore the social and economic base of those to be relocated. Monetary compensation for land alone may not be adequate. Voluntary relocation by some affected persons may form part of a resettlement plan, but measures to address the special circumstances of involuntary resettlers should also be included. Preference should be given to resettlement of people dislocated from agricultural settings unto similar settings. This is particularly important for indigenous peoples whose degree of acculturation to mainstream society is limited. If suitable land is unavailable, other strategies built around opportunities for wage employment or self-employment may be used.
61. There are regulations about the implementation and monitoring of resettlement, the loan party (EA) should report to ADB about the progress of resettlement during the project implementation; and in charge of the monitoring and evaluating of resettlement; ADB will
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supervise the implementation of re settlement in order to make sure if the implementation matches the resettlement plan.
62. This RP has been prepared based on ADB's Policy on Involuntary Resettlement (1995) and the Resettlement Framework approved by the EA and ADB prior to project appraisal in early 2009.
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7. ENTITLEMENTS, COMPENSATION AND BENEFITS
7.1 Policy and Principles
63. To protect relocated people's legal rights and to guarantee relocated quality of the relocated people are both our country's relevant policy and laws and ADB's resettlement policy for the relocated people. The implementation of this project inevitably needs some land expropriation, building demolition and resident relocation. In accordance with legal regulations concerning land acquisition and relocation by the national and local governments and guiding principles of ADB concerning relocation and resettlement, and especially in order to carry out the construction of the Project, the Project shall be implemented in adherence to improving or not lowering the production conditions and living standard of the affected people. The affected residents are entitled to get compensations from the implementation party that should help the affected residents to resume or improve the level of their income and life.
64. In conformity to the above principles, the Foreign Loan Office of Shaanxi Province, the executing agencies, and Ningchang County Transport Bureau, the implementing unit, together with Shaanxi Provincial Department of Land Resources and other related departments, draw out relative policies and measures in respect of the Project ( Ningzhengbanfa 2010 No. 156: The original document in November 24, 2010, but promulgated by May 15, 2011, and updated on May 15 - May 18 in project involves the 19 village and public consultation. The standard of output value of Shaanxi Province is being formulated. When the draft is formulated, it needs to be witnessed and revised, and then can be put in practice after the approval of the Shaanxi Provincial Government. Therefore, in accordance with the reality in Shaanxi Province, the project will base on the spirit and demand of Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28) and Notice on Printing the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People's Republic of China (Nov. 3, 2004, Guotuzifa [2004] No. 238) and work out the plan of compensation. If the new policy of Shaanxi Province is put in practice, the project will be based on it.
65. In order to do the land expropriation, building demolition and resident relocation compensation well, the Project will apply the following principles. （1）To make sure the affected individual people can raise, or at least resume, their original production and living level in the shortest time. （2）The compensation of land acquisition, temporarily occupied land, young crops, attached facilities and affected houses should be formulated based on replacement value and considering the affected persons’ opinions. （3）Any damage of villagers’ life and production caused by construction should be paid according to the damage level. The compensation should restore or improve their original life and production level. (4) The farmers who lose their land can get land again by land redistribution at their own village in line with the per capita land. The village redistributes land to every household according to the term “when the country's basic construction needs to expropriate land, to redistribute land according to relevant regulations”. If there is not enough land in their own village, other land can be given to them in the same town or county, but, the land cannot be more than 3000m from their own house. (5）Anyone who lose his house should get a new one, the resettlement site should be around the original site, no more than 1,000 meters at most. The new houses should be built
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by villagers themselves. However, if there are any difficulties, the local government or village committee should help them. （6）The compensation of all the affected houses and other facilities should be calculated according to the latest price, and without any depreciation. (7) Land expropriation, building demolition and resident relocation compensation should be completed at least one month before the project construction begins. Otherwise, the project cannot begin. (8) In line with the principle of guaranteeing the country's construction land and saving farm land at most, don't occupy farm land as far as possible if deserted land or hillside fields are available. (9) If the land doesn't change its ownership (the land occupied by village public facilities, villager sanitation, potable water facilities), the land will not be expropriated and no compensation will be paid by the government. However, affected households should be compensated in cash or in kind (e.g. land adjustment), by the village collective.
7.2 Compensation Standards
7.2.1 House Compensation
66. Compensation shall be made in accordance with the actual condition of the demolished houses, regardless of their ownerships, in order to ensure that the demolished households can obtain the houses of the same structure and areas as their demolished ones stipulated in this RP. According to the guide for house relocation settlement and the structure and type of houses, the people affected by house demolition shall be compensated directly, and their previous houses shall not be depreciated; besides, the affected residents are entitled to the construction materials of their previous house.
67. For villagers who lose their houses, the village and township government shall allocate land bases for them to build houses by themselves with the assistance of compensation fees and house removal fees; or they can ask the village and township government to build the house. No matter which way of rebuilding is adopted, the house cannot be demolished until the demolished households have removed to their new houses.
68. In accordance with the assessment and approval of the real estate management bureaus of the county or the city, the compensation standard is as shown in Table 12 below.
Table 12: Rural Housing Compensation Standards Unit: RMB/m2
Type Brick and Brick and Earth and Wood Simple WC Concrete (m2) Wood (m2) (m2) (m2) Unit: RMB/ m2 Standard 650 450 200 100 500 Note: 1. The compensation for pigsty is 50% as that of housing, 80 yuan/m for WC and brick and stone enclosure, and 40yuan/m for earth enclosure. 2. The above compensation standard includes compensation for running water, power, TV and telecommunication wire. 3. The compensation standard is the lowest one in the project area and was approved by the land administration. If any item is not included in the table, the compensation will be paid after the evaluation from housing administration above county level.
7.2.2 Land Compensation Standard
69. Standard for land compensation fee and resettlement subsidy – In line with the spirit and requirement of the Decision on Furthering Reform of Land Management of the State Council and the Notice on Printing the Suggestions for Completing Compensation and
31 Relocation System of Land Expropriation (Guotuzifa [2004] No. 238) released by the Ministry of Land and Resources: land compensation fee and resettlement subsidy shall be calculated according to the legal maximum range of the summation of both land compensation fee and relocation subsidy, namely, totally 20 times of the average output value 725 yuan of the land within the project area in the first three years since the land is expropriated. For this area, it is proposed to use the minimum standard of 16 times. The young crops compensation shall be calculated according to the maximum of 40% to 90% of the average output of the land with damaged young crops in the first three years. Compensation for orchard, residential base and barren land shall be calculated according to the Implementation of ‘Land Administration Law of the Peoples Republic of China' of Shaanxi Province: compensation for farmland shall be made according to four to six times of the average annual output of the medium-sized arable land in the local county (city or district) with expropriated land in the first three years; land compensation for other lands shall be calculated according to one to four times of the average annual output of the medium-sized arable land in the local county (city or district) with expropriated land in the first three years; compensation for orchard shall be calculated according to six times of the legal maximum of the average output of dry land within the project area in the local county (city or district) with expropriated land in the first three years; compensation for residential base shall be calculated according to four times of the average output of the dry land within the project area, whereas compensation for barren land shall be calculated according to one time of the figure. Shaanxi Provincial Development and Reform Committee, Shaanxi Foreign Loan Office, Shaanxi Provincial Department of Land Resources and Shaanxi Provincial Bureau of Statistics jointly enact the compensation standard of the Project (see Table 13 and Table 14).
Table 13 Land Compensation Standard Type Irrigated Land Dry Farmland Housing Land Young crop Standard 15,000 7,500 2,500 700 Note: Only ground attachment is compensated for wasteland and waste slope.
Table 14 AAOV of the Affected Areas (based on the average of the three years from 2007-2009) Type Irrigated land Dry land Housing land AAOV 725 370 The same as dry land standard 70. According to Article 47 of Land Administration of the People’s Republic of China and the relevant regulations released by Shaanxi Provincial People's Government, the formula for calculating the compensation fee for arable land is as follows: Q1=A•a (e.g.: irrigable land 15,000 ≌ 725 × 20) Among which: Q1 = land compensation fee A = average output of the land in the first three years since the land is expropriated a = combined multiple of land compensation fee and relocation subsidy=20
7.2..3 Compensation for young crops
71. Compensation for young crops is calculated according to 90% of the average annual output of the land before expropriation in the first three years. The standard is RMB 700 yuan per mu.
7.2.4 Other Affected Facilities
72. After the assessment of the relevant authorities, compensation fee for the affected
32
auxiliary facilities shall be fulfilled according to alternative prices of the facilities. See Table 15 below for the compensation standard.
Table 15 Affiliated Facilities Compensation Standard
Diameter of timber tree Fruit tree Young Fruit tree（ 5- You Newl tomb well 10- more mu） <5cm 10c >20cm ng y 20cm than 3 m tree fruit years 1200 2 5 15 25 10 20 50 800 200 73. All specialized facilities, including facilities for hydraulic work, power and communication, as well as yards, pools and vault storeroom, shall be compensated according to relevant regulations of Shaanxi Provincial People’s Government and their real construction cost or alternative value.
7.2.5 Evaluation of the Compensation Standard
74. According to the spirit and requirement of the Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28) and the Notice on Suggestions for Completing Compensation and Relocation System of Land Expropriation (Guotuzifa [2004] No. 238) released by the Ministry of Land and Resources, the compensation standards for houses, affected land and young crops of this Project are proposed by Ningqiang County Post-disaster Reconstruction Transport Project Office, namely the implementing agency, together with administration of land and resources, and administration of statistics, in the light of the social and economic development strength and features within the Project area of Shaanxi province, incorporating the part of suggestions put forward by local government and residents when they enact the uniform standard for annual output. Therefore, although the standards are no more than the standard for land and young crops in other areas in Shaanxi Province, they are higher than the standard of other projects in Ningqiang county, (for example, the compensation standard for brick and concrete rises from 340 yuan to 650 yuan). And they are easy to be carried out and in accordance with the local situation. And the Project has been stipulated with incorporation of the suggestions of the local government and residents, so it is rated highly by the local government and residents according to the feedbacks.
7.2.6 Payment of Compensation Fee
75. Compensation fee for land expropriation takes a part in the total investment of the Project, thus it has already been considered in the budgetary estimation. All the compensation fees are allocated by Shaanxi Foreign Loan Office; they shall be given to the affected collectives and people, and no one shall intercept or embezzle them. The land expropriator shall sign contract with the previous owner of the expropriated land; the compensation fee shall be drawn with the signature of the payee; and all the materials shall be kept in archives.
76. Land compensation fee belongs to rural collective economic group, thus it shall be given directly to the village committee in a bid to develop production and restore the economic strength of the affected people. The affected people are entitled to discuss and participate in the economic restoration plan.
33 77. Compensation fee for house, specialized facilities and auxiliary facilities, as well as young crops shall be directly paid to the entitled people.
7.2.7 Temporary occupied land
78. Temporary occupied land is the occupied road, material ground, construction ground occupied by construction unit during the project construction. The compensation of temporary occupied land is the average annual output value of the occupied land times the occupied years. When returned, the land should to be restored to the original state by the contractors, or paying some fee to the farmers for recovering it.
79. The topsoil of the occupied land should be stored until the occupied land is due. Then the construction unit should renovate the land to the state that the land so it can be planted, and then return it to the state that the land can be planted, and then return it to the affected individuals.
80. About temporary occupied land, there is only compensation, but no resettlement or permanent impacts. The compensation standard is RMB 800 yuan per year.
7.2.8 House Relocation and Transition Subsidies (i）The affected people shall be paid the house relocation and transition subsidies in addition to the house compensation fee according to the standards, including temporary transition fees and house removal fee . A．The standard of temporary transition fee a. RMB 500 yuan every month each family for rural residents. b. no subsidy will be paid if the implementing organ provides temporary housing or the original housing is demolished after the new housing is completed. B. The house removal fee RMB 1200 yuan for each rural household If the implementing prgan provides vehicles for removing, no removal fee will be paid. （ⅱ） The transition period is the time to move into the transitional housing or to build the now housing. The transition period of the project is 6 months. (iii) if the household finishes the housing demolition and relocation in the appointed time, it can get a reward of 10% of the total compensation.
7.2.9 Compensation scope of land acquisition and resettlement
81. The Project will utilize 55.33 mu of land, so 185 villagers from 49 households at 19 villages of 5 towns in Ningqiang will be affected by land acquisition (including 128 villagers of 34 households affected by both land acquisition and housing demolition and relocation). The 19 affected villages will redistribute the land , so all the affected villagers will get similar land. The project will demolish 2,918 ㎡ building, which will affect 128 persons from 34 households. The affected villages will redistribute housing land for them to relocate nearby free of charge. The total compensation fee for land acquisition and resettlement of the project is estimated to be RMB 3.2542 million yuan.
7.3 Payment and monitoring of village-level land compensation
82. The construction unit will pay land compensation and resettlement subsidy of the project construction through administrative procedures. According to the formulations of 《
34
The Land Administration Law of the People’s Republic of China》, the land compensation is paid to the land owners or land users, and resettlement subsidy is paid to help settle down the rural residents after the land expropriation. So, the land compensation should be arranged and spent by the village committee; and the resettlement subsidy is arranged and spent by people who help settle down the rural residents. Given the readjustment approach will be adopted within the affected village, the affected household will receive new lands from the village collective. Therefore, both the land compensation and resettlement subsidy will be paid to the village collective and used for community purposes. The transfer, usage management and monitoring of village-level land compensation and resettlement subsidy will be undertaken as per following procedure:
7.3.1 Inspection and preparation before transferring the fund
83. According to society survey data, the affected village should hand in the results of the detailed affected situation measurement survey to higher level Resettlement Arrangement Office for inspection.
84. County project office and independent monitor, and local government in affected villages should train village-level management department, and guide them to work out a development program which is suitable for the local reality and using plan of resettlement fund, according to local social economy development reality and prospect.
85. Relevant departments should guide, inform, consult and negotiate with APs and the village-level management to work out the utilization plan of village-level fund and report it to county-level project office for inspection.
86. County-level Resettlement Arrangement Office inspects and gives guidance to perfect the utilization plan of the village-level fund. If the using plan of fund is not available, the fund will not be transferred.
7.3.2 Management and monitoring of fund utilization
87. County -level Resettlement Arrangement Office inspects and confirms the utilization plan of village-level resettlement fund, and then transfers compensation and resettlement fund according to the village bank account.
88. Village committee will report utilization situation of compensation and resettlement fund to town and County Resettlement Arrangement Office every month. And county-level Resettlement Arrangement Office reports to the municipal Resettlement Arrangement Office every three months.
89. Besides monitoring fund utilization situation of village-level through report forms, county project office should inspect on site the development of agriculture infrastructure or enterprises which use compensation or resettlement fund.
90. Independent monitor will verify the utilization situation of compensation and resettlement fund of village-level units, evaluate the using effect of fund, offer advice to village-level units, and provide feedback monitoring to all-level project offices. Investigations will include sampling survey, site inspection, and discussions with affected individuals.
7.3.3 Auditing
91. The project implementation agencies will be audited by auditing authorities according
35 to our country's policies. The main content of auditing is land expropriation, housing demolition and resident relocation fund.
36
8. HOUSE RELOCATION AND INCOME RESTORATION
92. The objective of the resettlement and rehabilitation plan is to guarantee the affected houses/infrastructures can be restored, the affected laborers can find job again, and the affected persons' incomes and living conditions can be improved or at least as well-off as they would have been in the absence of the project. According to this target, the most important economic rehabilitation measures is to redistribute land fairly, to work out fair distribution plan of the contracted land, and other economy economic resume restoration measures.
8.1 Rehabilitation Planning Principles
(1) For the occupied land for construction, the project implementing agency should compensate according to the laws. （2）The construction unit should compensate according to replacement cost of the houses to be demolished by the project. The local government should distribute land for housing plots free of charge so the affected households can build new houses themselves. (3) For the affected special-purpose facilities, the construction unit should pay the fund, and the township and county governments will help build new facilities; or compensate according to replacement value after the legal house appraisal company provides an assessment. (4) For all the attached facilities, the construction unit should compensate according to the market or replacement value, whichever is larger. For the trees which can be transplanted, people can transplant them in suitable season before the construction demolition begins. (5) To redistribute land seriously in consultation with affected villagers. To sign new land contract if the land is acquired. (6) Guide the affected individuals to join non-agricultural industry to raise their labor income. During the project construction, guide the affected persons, especially the poor, to provide labor service for construction. When the project finishes, the project should employ local persons who have priority to work for the project maintenance.
8..2 Land Redistribution and Income Restoration Measures 93. In general, for the 19 affected villages, the farmland per capita before land acquisition is 0.95 mu. The project will acquire 55.33 mu land, accounting for 0.21% of the total 25,918 mu farmland. The farmland per capita after land acquisition is 0.948 mu, and the loss of farmland per capita is 0.002 mu. Second, for the 49 households affected by land acquisition, the household affected most by land acquisition lost 1.1 mu farmland. According to annual output value per mu is 725 yuan in 2009, the output value of 1.1 mu is 798 yuan, and the loss of income per capita is 221.7 yuan, accounting for 5.9% of the annual income per capita 3,785 yuan. So, the general affect or direct affect to the affected persons, the land acquisition will ot affect seriously. For the 19 affected villages, because the amount of acquired land is very small, every village can redistribute farmland and all the affected persons can get farmland similar to the acquired land. At present, every village confirms above principle through villagers conference and puts forward a plan for land redistribution. For the new plan, the village and the villagers will sign new contracts, so the newly redistributed land to the affected persons will be protected by the law.
94. During the construction of the project, in order to maintain and raise villagers’ living level, the affected villages and the implementing agency reach an agreement. The
37 implementing agency promises that once the project begins, the villagers can take part in the construction if they are willing to, including: (1）In the same condition, the affected villagers have priority to take earthwork, or supply food and drink. （2）When the project completes, the project administrating agency will employ the affected persons to maintain the road and plant trees, etc. The wage or salary will be according to the Law of Labor. (3）In order to take affected women into consideration, the portion of women labor should not be lower than 30% in the construction of the project. According to the estimate, the above measures will bring 400,000 yuan of wages to the affected persons.
95. In addition, systematic skill training will be provided to the affected families. Based on the need of local industry structure, local governments will provide training on planting, agricultural machinery and marketing in order to make each family gain relevant employment skills. By the end of 2011, when the project will have finished, the affected persons should receive skill training at least three times. (see Table 16)
Table 16: Skill Training Plan
Schedule Training Plan (July 2011---February 2012) principles andThe representatives of affected persons go outside to study rural purpose economic development project First half of 2011 Free lecture on repairing the agricultural machinery (3—5 days, for 100 persons) Second half of 2011 Skill training on poultry and gardening skill (3—5 days, for 100 persons) before February A skill training according to affected persons' request 2012
8.3 House Relocation
96. During the implementation of the project, there are 2,918 ㎡ building need to demolished, and 128 villagers in 34 households will be affected by the demolition, accounting for 0.47% of the persons and households in the affected 19 villages. In order to relocate as well as possible, every affected villagers' committee negotiated with the affected persons and decided to distribute housing land in the affected persons' own villages, so the affected persons can still live in their own village. The housing land given to the affected households is at least the same area as the average housing land area. The standard to choose new housing land is to concentrate in the village in order to be easy for daily life and business, or to be near the highway in order to more convenient for the transport, medical care and children's education. Because our country is developing “New Rural Area” Project, the newly- built houses of the affected persons can be part of the construction of New Rural Area Project. In a word, the living condition of the affected persons is better than the original ones. So, according to the analysis, the construction of the project will not seriously affect the households affected by housing demolition.
8.4 Economic rehabilitation program for vulnerable groups
97. For the vulnerable groups, such as the aged, the disabled, the poor and families lacking labor, the project will provide added financial and technical assistance as necessary. For these vulnerable groups, a series of measures will be implemented to decrease the adverse effects, to assist them to relocate and rehabilitate their household economy. In
38
addition, a special rehabilitation fund, which is 1% of the total resettlement budget, will be spent on the implementation of the measures for the vulnerable groups. These are: (i) To provide special consultation; （ii） to choose housing land first; (iii) to send labor to help build new houses; (iv) to give extra resettlement and rehabilitation subsidy; (v) to give priority to get other economy rehabilitation measures; and (vi) the poor, the disabled, the aged and women will get special attention and priority to receive special education and skill training.
98. The implementing agency and relevant administrations have reached an initial agreement on the above principles. The relevant local government agencies also promise to assist the vulnerable groups to rehabilitate their economic and living conditions according to the plan.
8.5 Special Measures for Women
99. China has put the Protection Law of Women and Children of PRC in practice, which means that Chinese government takes women's rights and interests seriously. The law regulates that men and women have the same rights, women should not be looked down upon, and women's rights and interests should not be deprived.
100. The project takes women's rights and interests seriously. In order to protect affected women's rights and interests, the project puts forward the following measures: （i）In the process of resettlement and economic rehabilitation, women;s opinions on choosing new housing site and economic rehabilitation programs will be taken into account. In order to fulfill the target, the representatives of the Women’s Union should have a meeting with affected women to get the information on women’s concerns and demands. （ii）Women’s low training and education level limits their chances to choose way to get more money. The choice of profession and livelihood is vitally important for women. In order to provide convenience of income and life rehabilitation for the affected persons, the project proposes several skill training programs. The project will give 40—60% training chances to affected women. The Women's Union and the Labour Bureau in affected area should assist to formulate and implement training program. (iii) Besides the rights and interests formulated by the laws of China, the project will provide special assistance to the women, such as to propaganda on the Marriage Law of PRC and the Protection Law of Women and Children of PRC, to provide medical care to the affected women and elderly, and to promote health condition of affected women and children.
8.6 Rehabilitation program of special facilities
101. The affected special facilities are electricity line and telecommunication line. In the early stage of feasibility study, the survey of impact on residents from the relocation of the affected special facilities has been done. The project plan takes their opinions and suggestions into account after consulting with affected villages' leaders, relevant agencies and affected families. For example, when rebuilt, the electricity line and telecommunication line poles can be raised; the relevant agencies should design and rebuild the electricity facilities and telecommunication facilities if necessary.
8.7 Entitlement Matrix 102. The entitlements of the affected persons are summarized in Table 17.
39 Table 17 Matrix of affected persons’ compensation rights and relocation policy
Type of loss Applicability Person/collective Entitled person/ group Compensation policy Compensation rights Implementing item with rights Permanent Land within the a) villages owning a) 19 affected villages a, land compensation paid to Compensate in full to The village committee will loss of implementing line the land b)185 persons in 49 villages persons and villages confirm losses and farmland b) villagers using households who lose b. redistribute land to APs at who own or use land payments. the land land affected villages; at a minimum of 16 Township authorities approve and monitor c. compensate in cash for times the average standing crops according to annual output value policy (AAOV), the distribution between those who own or lose land will be decided by the villagers conference Temporary Land used as work Villagers using the About Compensate in cash 2 times AAOV to Use is approved and loss of land site within or near land 63.34mu.Defined according to loss of the land households that contract monitored by township implementing area during construction , recover as before the land, or to the officials. Maximum period construction, APs’ life at collective if common is 2 years. Land land. Restoration of land occupation must obtain least as before.(800yuan by the contractor to its the consent of the each mu) previous or higher user/owner. Vacant or quality when land is wasteland should be returned. utilized as much as possible. Loss of Housing site and Persons and 128 persons in 34 Compensation in cash to Full compensate in Village and APs housing site property within households who households of 19 APs, including housing site cash to owner of decide new housing /property implementing area lose housing villages and housing, 1200 yuan housing, site, the construction or affected by the transition fee every month compensation of unit is in charge of project and 500 yuan removal fee of housing site to smoothing the site and six months for every village, the villages connecting household. The person who redistribute housing infrastructure transit in time will receive site compensation 10% bonus Loss of non- Non-farmland with Villages owning 19 affected villages Compensate in cash Village Villagers conference farmland the project area land decide how to use the compensation, Affected All facilities within Owners of all owners of all facilities Compensate in full price Compensate in full special project area facilities according to market price according to facilities market
40
Vulnerable Aged, weak, Persons or The project sets up a special priory to getting Relevant government group women, children, households who are fund which is 1% of the compensation and supplies assistance disabled, poor, vulnerable group budget to help the assistance under the those who cannot vulnerable group together same condition work or lack of with towns and villages labor force etc Note: all the policies of the project will be carried out after official approval.
41 42 Appendix 7
9. RESETTLEMENT BUDGET AND FINANCING PLAN
9.1 Cost estimates
9.1.1 Basic costs
103. The land acquisition, housing demolition and resident resettlement compensation is part of the total investment of the project construction and is included in the project annual investment plan. The total resettlement cost is RMB 3.2542 million yuan, among it, the basic cost is RMB 2.3446 million yuan. (see Table 18)
9.1.2 Contingency cost
104. The unforeseen physical and price increases in land acquisition, housing demolition and resident resettlement compensation is budgeted as the contingency cost, which equals 30% of the basic cost of land acquisition, housing demolition and resident resettlement compensation of the project.
9.1.3 Management cost
105. The management cost equals 2.8% of the basic cost of land acquisition, housing demolition and resident resettlement compensation. Among it, the province, county can use 1% respectively, town and villagers' committee use 0.8% respectively.
Table 18: Land Acquisition and Resettlement Budget
Item Total (RMB) 2344608 A. Basic Costs 461350 1. Land compensation 228678 2. Farmland reclamation fee (7 yuan/ m2 ) 261346 3. Farmland occupation tax(8 yuan/ m2 ) 925675 4. Housing compensation 147520 5. Other housing compensation 33999 6. Young crop compensation 50672 7. temporarily occupied land 40800 8. Removing compensation (34 households, 1200 yuan for each household) 102000 9. Transition subsidy (34 households, 500 yuan/month/ household) 92568 10. The rewards of moved (10% of the housing compensation) 63316 B. Administration Costs (2.8% of Basic Costs) 67839 C. Service Charge (3% of the Basic Costs) 80000 D. Monitoring and Evaluation Cost (0.5% of the Basic Costs) 20000 E. Plan preparation cost (0.5% of the Basic Costs)
678390 F. Contingency Costs (30% of Basic Costs) 3254153 TOTAL
Table 19 Land Compensation Breakdowns Type Irrigated Land Dry Farmland Housing Land Total Quantity (mu) 10.69 37.88 6.76 55.33
Compensation Standard 15000 7500 2500 (CNY) Compensation Costs (CNY) 160350 284100 16900 461350
Table 20 Housing Compensation Breakdowns Type Brick and Concrete Brick and Wood(m2) Earth and Wood (m2) Simple (m2) Total (m2) Quantity (m2) 495 728.5 1066.5 628 2918 Compensation Standard 650 450 200 100 (CNY/m2) Compensation Costs (CNY) 321750 327825 213300 62800 925675
Table 21 Ground Attachment Breakdowns (1)
Type Fruit tree Grown tree Young tree enclosure pigsty Water closet Entrance Tomb Total door Quantity 172 1931 800 220 120 7 9 56 Compensation 20-50 10-20 5 50-150 80 500 1000 800 standard(CNY) Compensation 8600 38620 4000 33000 9600 3500 9000 44800 139420 Costs (CNY)
Table 22 Ground Attachment Breakdowns (2) Power Cable Telecommunication Power Telecommunication channel Water Water Total Type (m) Cable (m) Cable Pole box Well pipe
Quantity 1500 1000 144 1 300 3 340 Compensation 1500 2000 57600 500 12000 600 6800 81000 (CNY)
Table23 Young Crop Compensation
Type Young crop Temporarily occupied land 48.57 63.34 Quantity (mu) 700 800 Compensation Standard (CNY) 33999 50672 Compensation (CNY)
43 44 Appendix 7
Note: according to project implementation, the time of temporarily land is one year.
9.2 Fund Flow
106. Land acquisition, relocation compensation cost shall be paid directly to villager's committee and affected individual by the County Project Office after the fund is paid to the bank and the County Project Office by the implementing agency.
Provincial and County government fund district government
bank
County project office
Villagers’ Villagers Relevant committe (house, enterprise e (land trees, s payment etc) (facilities) s)n
9.3 Fund sources and use of contingency cost
107. The land acquisition and resettlement will be financed from provincial special subsidy and fund transferred from County Government. The implementing agency has the right to use the contingency cost in the budget. The County Project Office should report it to the Provincial Development and Reform Committee and Provincial Bureau of Treasurer, and after their approval, they will be added to the budget. The procedure will take no more than one month.
10. INSTITUTIONAL ARRANGEMENTS
10.1 Coordination agencies
108. In order to strengthen the leading of the post-disaster reconstruction, Shaanxi Provincial Government issued Note on Shaanxi Province Post-disaster Reconstruction Overall Plan (Shaanzhengfa 2008 No.51), at the same time, the Post-disaster Reconstruction Leading Group, which is in charge of implementing of the reconstruction, was set up. The project is directed by the office (Shaanxi Provincial Project Office: in Shaanxi Using Overseas Loan
Office) of the Leading Group, which is in charge of organizing, applying for ADB's loan, coordinating relocation, monitoring and inspecting the payment of usage of the compensation for land acquisition and resettlement.
109. The county (district) reconstruction projects are implemented by the relevant local government.
10.2 Implementing agency
110. On December 31, 2008, according to the spirit of the relevant documents of Shaanxi Provincial Government and Hanzhong City Government, Ningqiang County Post-disaster Reconstruction Leading Group becomes the implementing agency of this Project. Ningqiang Transport Bureau set up Ningqiang Post-disaster Reconstruction Traffic Project Supported by ADB's Emergency Loan Office which is the project implementing agency and from then on, the staff began to work.
111. The project implementing agency will be in charge of organizing and coordinating land acquisition and resettlement. The duty is as follows: （i）According to ADB’s and PRC’s policy and laws, in charge of checking the quantity of affected land, removed buildings, special-purpose facilities and attached materials, in charge of assessing and formulating compensation standard of affected special-purpose facilities, in charge of making up the project resettlement plan, and in charge of signing the contract on land acquisition and resettlement with the affected villages and persons. （ii）In charge of surveying the land acquisition, listening to the opinions of affected people, accepting all kinds of complaints and requests, and dealing with them in time. (iii) In charge of the concrete affairs of compensation of land acquisition, assuring the building of new houses and the timely progress of all compensation and of charge of payment and utilization of the compensation of land acquisition and removing. (iv) In charge of reporting the project process to the provincial project office, and handing in relevant statistical data.
10.3 Village Committees and Village Groups
112. Authorized by villagers' convention, affected villagers' committees and villager groups are in charge of right use of resettlement compensation and payment to the affected persons; to take part in the socio-economic survey and project impact survey; assist to work out the “Land Acquisition, Relocation and Resettlement Plan”; to organize the villagers to take part in the project and to explain the relevant policies; to implement, check, supervise and record land acquisition and resettlement activities in their village; to organize villagers to build new houses and help to get building approvals; to choose resettlement place and distribute housing land for relocated families; to adjust land distribution and implement economy rehabilitation; to supervise land acquisition, housing and attached facilities demolishing and reconstruction; to deal with grievances and appeals, to investigate and fulfill the relevant work; to help relocated persons to solve all the problems during relocation; to report the progress in land acquisition and resettlement; and to help vulnerable families to relocate.
10.4 Internal supervision agency
113. NIngqiang County Post-disaster Reconstruction Traffic Project Supported by ADB's Emergency Loan Office set up an internal supervision office for land acquisition and
45 46 Appendix 7 resettlement, consisting of 3 persons. The duty of the office is to guarantee all the land acquisition and resettlement officers can fulfill their tasks, carry out the terms in “Land Acquisition, Relocation and Resettlement Plan”, and guarantee all the affected persons can get their rights and interests.
114. The organization is as follows:
ADB Shaanxi Provincial Government Post- disaster Reconstruction Office
External Monitor (3 persons) Ningqiang Project Office ( 3 persons)
Internal supervision (2 persons）
Affected village ( 2 persons each village)
11. IMPLEMENTATION SCHEDULE
115. The land acquisition, housing demolition and resettlement plan implementation will begin in June 20, 2011, and will be finished one month before the construction. The plan is divided into 4 stages: the first, preparation; the second, implementation; the third, rehabilitation; and fourth, inspection/monitoring/assessment (internal and external monitoring will be in the all implementation process).
11.1 Preparation stage (January 2009---June 20 2011)
(1) To set up project administration unit. This job is undertaken by Ningqiang Post-disaster Reconstruction Traffic Project Office. (2) To make use of newspapers, radio, TV and poster to make the project known, in order to get understanding and support of affected collective, individuals and the society. The job to explain the policy of resettlement compensation is undertaken by Ningqiang Post-disaster Reconstruction Traffic Project Office. （3）To erect boundary markers of the occupied land. To mark the boundary of the occupied land and leased land, measure and erection of the boundary markers are undertaken by the Project Office and affected villages. （4） To measure and check kind and quantity of affected land, housing and other facilities in site. This job is undertaken by the Project Office and affected villages.
11.2 Implementation stage (June 20 2011 —September 20 2011)
(1) The County Project Office signs an agreement on land expropriation, housing demolition and resident relocation compensation with affected villages' Villagers' Committee and affected villagers. (2) The County Project Office reports documents of occupied land. (3) The implementing agency transfers housing compensation through the Construction Bank of China. (4) Affected villagers, together with the County Project Office and villagers committee, choose place, identify house structure and begin to build. (5) Land compensation and resettlement subsidy should be paid to village committee directly. Housing compensation should be paid directly to affected persons. Land reclamation compensation should be paid to land administration bureau to reclaim new farmland. (6) The County Project Office transfers land expropriation, housing demolition and resident relocation compensation to town and village committee though the Construction Bank of China (7) Both the County Project Office and village committee redistribute land to those who lose land (at the same village or nearby). (8) The County Project Office pays housing, young crops, all kinds of attached facilities, transition subsidy, and removal subsidy to affected persons. (9) The County Project Office pays infrastructure construction subsidy of new resettlement and help to construct infrastructure. (10) Demolish old houses when the affected persons move into transitional houses and new houses are built. The County Project Office are in charge of demolishing affected ground attachment and transferring construction land to the project construction unit after finishing the land expropriation, housing demolition and resident relocation.
47 48 Appendix 7
11.3 Rehabilitation stage (September 20 2011----February 29 2012)
The main tasks are: (1) Adjust land, (2) Implement economic recovery plan and measures, (3) Affected individuals' skill training, and (4) Ensure new houses are completed in a timely manner.
11.4 Monitoring and Evaluation stage (June 20 2011—end of the project)
116. The internal supervision is a continuous work, which begins when the land acquisition begins and finishes when the project completes. Relevant local agencies can inspect and supervise the work of the project management unit. They will set up a unit to undertake daily inspection and supervision in order to guarantee the implementation according to RP terms.
117. The first job of external supervision is socio-economic baseline survey (June 20 2011), and will continue annually until the project completes, and give an assessment of the resettlement implementation. See Chapter 12.
118. The contents of the monitoring and evaluation stage is: (1) Payment situation of all affected individuals and collective. (2) Condition of new housing in the new sites. (3) The payment of all kinds of subsidy to the affected individuals. (4) Infrastructure situation in new sites. (5) The implementation of economic recovery plan and measures for affected households, including land adjustment, job opportunities and skill training. (6) Deal with and solve the opinions of land acquisition, housing demolition and resident resettlement from the affected individuals.
Table 24 Schedule of land acquisition, housing demolition and resident resettlement
Timing Agency in charge Work contents 2009.1-2011.6.20 The County Project Office · set up project office · consultation · engage external Monitor · socio-economic survey 2009.12-2011.6.20 The County Project Office · work out Resettlement Plan · ask for opinions of government and affected individuals · consultation further · publish《information handbook》 2010.5- The County Project Office ·erect boundary markers Affected Villages’ ·measure and check affected quantity Villagers’ Committee 2011.6.20-7.20 The County Project Office ·sign compensation contract Affected Villages’ ·go through formalities of occupied land Villagers’ Committee
2011.7.20-2011.9.20 The County Project Office ·transfer land compensation Affected Villages' · transfer all kinds of compensation to the Villagers' Committee affected individuals
2011.9.20-2012.2.29 The County Project Office ·adjust land villagers’ committee of the ·work out economic rehabilitation plan affected villages skill training for the affected persons 2011.6.20-2012.2.29 The County Project Office ·receive all complaints Independent supervisors ·inspect usage of the fund ·internal and external supervision ·track survey to the affected villages ·assess the land acquisition, housing demolition and resident resettlement
49 50 Appendix 7
12. MONITORING AND EVALUATION
119. In order to guarantee the smooth process of the land acquisition, housing demolition and resident resettlement compensation, there are two kinds of supervision to be carried out simultaneously by two separate organizations in different ways: the first, an internal supervision system by the government to monitor according to RP terms in the angle of administrative management; and the second, an independent external monitoring and evaluation system by sociologists to assess whether resettlement objectives have been met.
12.1 Internal Supervision
12.1.1 Contents of internal Supervision
120. The contents of the internal supervision consist of two aspects: （i）the supervision to the relevant area administrative management department, including project management organization of county and village government; and （ii）the supervision of the compensation for the affected individuals according to RP terms.
121. The basic contents of the work： a. If resident resettlement is carried out according to RP terms b. If the affected individuals get enough compensation according to the formulations. c. If more job opportunities are provided to the local residents taking advantage of the project implementation. d. If the affected individuals are satisfied with the new land for housing e. If the affected individuals are satisfied with the compensation program. f. If the living condition of the affected individuals are safe and proper g. If the affected individuals get the redistributed land according to relevant regulation h. If the effected individuals, who lose land, are satisfied with the quantity and quality of redistributed land, living condition and production condition. i. If the affected individuals are satisfied with their income change and rehabilitation situation after land acquisition. j. If the affected individuals are satisfied with the project staff's working method, attitude and effect. k. If the information, notification, consultation and coordination are given to the effected individuals according to the formulations. l. If the expense is recorded in written form, especially the description of the cause of overspending and resource of supplement. m. If the effected individuals are permitted to appeal according to the formulations. n. If the effected individuals or enterprises and satisfied with the results that some staff get punishment because of their possible activities against the law. o. If the implementation activities are completed in time which should be completed a month before the project begins.
12.1.2 The method of internal supervision
122. Different contents of supervision is carried out in different ways. The local project management organization should provide all kinds of data about land acquisition, housing demolition and resident resettlement compensation:
12.1.3 The implementation of the internal supervision
123. According to land acquisition, housing demolition and resident resettlement compensation program, the internal supervision is at both the preparation stage and implementation stage.
12.1.4 The responsibilities of supervision agencies
(i）The supervision agencies should investigate the compensation standard, compensation amount and scope carried out by the implementation agency, and the right to assess, investigate and supervise the finished work or finishing work done by county-level project agencies （ii）The supervision agencies should report or rectify the quantity, unit, and slope which doesn’t accord with the formulations. Furthermore, the supervision agency also has the right to announce to the pubic what is not correct after rectifying. （iii）The supervision agencies should report and to help deal with some fierce problems put forward by effected individuals or enterprises or announce it to the public. （iv）The supervision agencies should prosecute to the local judicial office, if any staff member hurt any individual’s or enterprise’s benefit taking advantage of his power. （v）The supervision agencies should announce any incident which has been dealt with but didn’t get enough effect and to prosecute again any activities against the law which doesn't get concerning punishment.
12.1.5 Procedure and demand of supervision agencies
124. The supervision agencies should combine the responsibility to the government with the responsibility to the affected individuals. They should summarize experiences and lessons, and make a work record(log). The supervision agencies can have a meeting at regular or irregular intervals and report relevant circumstances. Each season, the supervision agency should give a written report to the project implementation organization about the supervision work and dealing with the supervised incidents. Every three months, a brief progress report of all the Project supervision work should be submitted to ADB; summary of progress on resettlement should be included as applicable.
125. The county-level project management office should collect supervision data from the town (village)-level office and the monthly sample investigation. These data should contain both household level and village level data. The collected data of every relevant individual/household should be stored electronically and revised after every supervision investigation.
126. The internal supervision report will be discussed in every regular meeting of the project implementation agency.
12.2 External monitoring and evaluation
127. In order to do the land acquisition, housing demolition and resident resettlement compensation well, the project needs not only the internal supervision, but also the external supervision by a qualified and independent monitor. The project executive agency, Shaanxi Province Using Overseas Loan Project Office has decided to entrust Shaanxi Kexin
51 52 Appendix 7
Consultant Company (SKCC) to undertake the external supervision of the land acquisition, housing demolition and resident resettlement compensation of the Project, including other subcomponents of the Project.
12.2.1 The contents of monitoring and evaluation 1）To check if the land acquisition, housing demolition, compensation and residential relocation and economic rehabilitation is carried out according to RP terms. 2 ） To ensure if the activities are completed that should be completed before the construction. 3）To determine the general target of land acquisition, housing demolition and resident resettlement compensation and implementation degree of RP. 4）To determine if the compensation amount matches the property loss and whether the affected individuals can resume their original income levels. 5 ） To determine how satisfied the affected individuals are with the land acquisition, housing demolition, compensation, residential relocation, economic rehabilitation and living conditions. 6） Satisfaction degree of affected individuals about land acquisition and resettlement and quality and quantity of redistribution land. 7）Satisfaction degree of affected individuals about location of resettlement and difference of environment with the original location. 8）Satisfaction degree of affected individuals about compensation standard and method of dismantled houses, buildings, ground attachment. 9）Satisfaction degree of affected individuals about subsidy standard and amount in resettlement. 10) In the course of acquisition and resettlement, whether correlative institution and local government consult fully with and assist affected individuals and whether any forced/rushed dismantling and resettlement happened. 11) Supervision on fund flow of land acquisition and resettlement.
12.2.2 Monitoring Approaches 1 ） To inspect in the land acquisition, housing demolition, compensation, residential resettlement and economic rehabilitation progress and listen to review reports prepared by the local project implementation agencies. 2）The survey measures to the affected individuals are based on sampling and tracer surveys. According to some quantified data such as land area, compensation standard, compensation amount, resident's income, questionnaire survey is adopted and the sample households should not be lower than 20% of relocated households and 10% of the total affected households. The obtained data of the sample households should be stored for the purpose that it can be compared with a new one. 3）For some qualitative data such as resident’s opinions, attitude, complaints and activities, the random interview or focused group discussions can also be used for supervision. The ways of asking questions should be scientific.. 4）Random sample survey in regular and irregular intervals: mainly adopt symposium and official family visit to understand the affected individuals’ problems and the causes in the process of land acquisition, housing demolition and resident resettlement compensation and understand the real information. 12.2.3 Schedule of Monitoring, Evaluation and Reporting
The independent monitor – SKCC -- shall begin from December 2010 and complete the final evaluation by the end of the Project construction (i.e., 2012). 1）SKCC will first conduct the Baseline Survey and prepare a report for submission to the EA (BMG) and ADB by end December 2010. 2）After the baseline survey, SKCC will conduct investigations and survey every six months during peak time of resettlement implementation; thereafter, evaluations will be conducted once each year. ------Inspect and supervise the realization of the previous issues, recommended actions and follow-up on the results. ------Carry on according to all the terms of this supervision outline. 3）If the supervision agencies think it is necessary, SKCC can inspect and survey more frequently. 4）The external supervision agencies should record every supervision activity in detail and prepare a written report for submission to the EA and ADB. The contents in the report should include the experiences in the land acquisition, housing demolition compensation, residential resettlement, economic rehabilitation, living conditions, and the existing or remaining problems. The executive agency should find way to solve the existing problems to improve their work after they receive the report. 5）After resettlement is completed, SKCC should prepare a complete, correct, detailed and objective completion report. Then, the company should discuss and exchange ideas with the EA; SKCC should then finalize and submit the report to ADB and prompt the construction unit to address any remaining problems.
53 54 Appendix 7
APPENDIX ONE: THE DETAILS OF THE FIRST VILLAGE MEETING ：
第一次项目征迁工作主要公众垂询活动情况详表 公众咨 时间 地点 参加人 主要议题 询活动
县交通局2人，阳平关 公布和讨论项目方案，对项目 镇政府1人，阳平关村 征地拆迁特别是对贫困、女性人 阳平关镇 2010年 委会3人（女性1 口和弱势群体影响及生计恢复、 阳平关村 阳平关村 5月20日 人），村民代表7人 补偿标准和安置方案进行咨询讨 （女性2人，贫困户1 论并 人） 形成相关的建议方案 公布和讨论项目方案，对项 县交通局1人，阳平关 目征地拆迁特别是对贫困、女性 镇政府1人，擂鼓台村 阳平关镇 2010年 人口和弱势群体影响及补偿标准 擂鼓台村 委会3人（女性1 擂鼓台村 5月21日 和安置方案进行咨询讨论并形成 人），村民代表6人 相关 （女性2人） 的建议方案 公布和讨论项目方案，对项目 县交通局2人，回民沟 征地拆迁特别是对贫困、女性人 村委会3人（女性1 阳平关镇 2010年 口和弱势群体影响及生计恢复、 回民沟村 人），村民代表7人 回民沟村 5月26日 补偿标准和安置方案进行咨询讨 （女性2人，贫困户1 论并 人） 形成相关的建议方案 公布和讨论项目方案，对项目 县交通局2人，阳平关 征地拆迁特别是对贫困、女性人 镇政府1人，赖马沟村 阳平关镇 2010年 口和弱势群体影响及补偿标准和 赖马沟村 委会4人（女性2 赖马沟村 5月26日 安置方案进行咨询讨论并形成相 人），村民代表6人 关 （女性2人） 的建议方案 县交通局2人，燕子砭 讨论项目方案，对项目征地拆 乡政府1人，沈家坝村 迁特别是对贫困、女性人口和弱 燕子砭乡 2010年 委会3人（女性1 势群体影响及生计恢复、补偿标 沈家坝村 沈家坝村 5月22日 人），村民代表7人 准和 （女性2人，贫困户1 安置方案进行咨询讨论并形成有 人） 关的建议方案 公布和讨论项目方案，对项目 县交通局1人，燕子砭 征地拆迁特别是对贫困、女性人 乡政府1人，枣林坝村 燕子砭乡 2010年 口和弱势群体影响及生计恢复、 枣林坝村 委会3人（女性1 枣林坝村 5月22日 补偿标准和安置方案进行咨询讨 人），村民代表6人 论并 （女性2人） 提出相关建议 讨论项目方案，对项目征地 县交通局1人，燕子砭 拆迁特别是对贫困、女性人口和 乡政府1人，木槽沟村 燕子砭乡 2010年 弱势群体影响及生计恢复、补偿 木槽沟村 委会4人（女性2 木槽沟村 5月22日 标准和安置方案进行咨询讨论并 人），村民代表6人 形成相 （女性2人） 关的建议方案 县交通局2人，燕子砭 公布和讨论项目方案，对项 燕子砭镇 2010年 中坝村 乡政府1人，中坝村委 目征地拆迁特别是对贫困、女性 中坝村 5月25日 会3人（女性1人）， 人口和弱势群体影响及生计恢
村民代表6人（女性2 复、补偿标准和安置方案进行咨 人） 询讨论并 提出建议 县交通局2人，安乐河 讨论项目方案，对项目征地 乡政府1人，安乐河村 拆迁特别是对贫困、女性人口和 安乐河乡 2010年 委会3人（女性1 弱势群体影响及生计恢复、补偿 安乐河村 安乐河村 5月22日 人），村民代表7人 标准和安置方案进行咨询讨论并 （女性2人，贫困户1 形成相 人） 关的建议方案 讨论项目方案，对项目征地 县交通局2人，安乐河 拆迁特别是对贫困、女性人口和 乡政府1人，石垭子村 安乐河乡 2010年 弱势群体影响及生计恢复、补偿 石垭子村 委会3人（女性1 石垭子村 5月23日 标准和安置方案进行咨询讨论并 人），村民代表6人 形成相 （女性2人） 关的建议方案 公布和讨论项目方案，对项 县交通局2人,广坪村委 目征地拆迁特别是对贫困、女性 广坪镇 2010年 会3人（女性1人）， 人口和弱势群体影响及补偿标准 广坪村 广坪村 5月21日 村民代表7人（女性2 和安置方案进行咨询讨论并形成 人，贫困户1人） 相关 的建议方案 公布和讨论项目方案，对项 县交通局1人，广坪镇 目征地拆迁特别是对贫困、女性 政府1人，曹家沟村委 广坪镇曹 2010年 人口和弱势群体影响及生计恢 曹家沟村 会4人（女性2人）， 家沟村 5月21日 复、补偿标准和安置方案进行咨 村民代表6人（女性2 询讨论并 人） 形成相关的建议方案 公布和讨论项目方案，对项 县交通局2人，广坪镇 目征地拆迁特别是对贫困、女性 政府1人，茅咀村委会 广坪镇茅 2010年 人口和弱势群体影响及补偿标准 茅咀村 4人（女性1人），村 咀村 5月27日 和安置方案进行咨询讨论并形成 民代表6人（女性2 相关 人） 的建议方案 县交通局1人，青木川 讨论项目方案，对项目征地 镇政府1人，后沟村委 拆迁特别是对贫困、女性人口和 青木川镇 2010年 后沟村 会3人（女性2人）， 弱势群体影响及补偿标准和安置 后沟村 5月27日 村民代表6人（女性2 方案 人） 进行咨询讨论并提出建议 公布和讨论项目方案，对项 县交通局1人，青木川 目征地拆迁特别是对贫困、女性 镇政府1人，玉泉坝村 青木川镇 2010年 人口和弱势群体影响及生计恢 玉泉坝村 委会3人（女性1 玉泉坝村 5月28日 复、补偿标准和安置方案进行咨 人），村民代表7人 询讨论并 （女性2人） 提出建议 公布和讨论项目方案，对项 县交通局2人，李家院 目征地拆迁特别是对贫困、女性 村委会4人（女性1 青木川镇 2010年 人口和弱势群体影响及生计恢 李家院村 人），村民代表6人 李家院村 5月28日 复、补偿标准和安置方案进行咨 （女性2人，贫困户1 询讨论并 人） 提出建议 县交通局2人，青木川 讨论项目方案，对项目征地 青木川镇 2010年 镇政府1人，东坝村委 拆迁特别是对贫困、女性人口和 东坝村 东坝村 5月28日 会4人（女性1人）， 弱势群体影响及生计恢复、补偿 村民代表6人（女性2 标准和安置方案进行咨询讨论并
55 56 Appendix 7
人） 提出建 议 公布和讨论项目方案，对项 县交通局2人，青木川 目征地拆迁特别是对贫困、女性 镇政府1人，青木川村 青木川镇 2010年 人口和弱势群体影响及补偿标准 青木川村 委会3人（女性1 青木川村 5月28日 和安置方案进行咨询讨论并形成 人），村民代表6人 相关 （女性2人） 的建议方案 公布和讨论项目方案，对项 县交通局2人，南坝村 目征地拆迁特别是对贫困、女性 委会3人（女性1 青木川镇 2010年 人口和弱势群体影响及生计恢 南坝村 人），村民代表7人 南坝村 5月29日 复、补偿标准和安置方案进行咨 （女性2人，贫困户1 询讨论并 人） 形成相关的建议方案
APPENDIX TWO：THE DETAILS OF THE SECOND VILLAGE MEETING
第二次项目征迁工作主要公众垂询活动情况详表 公众咨 时间 地点 参加人 主要议题 询活动
县交通局3人，阳平 关镇政府2人，阳平关 村委会3人（女性1 人），村民代表6人 （女性2人，贫困户1 阳平关 人） 镇：阳平 ，擂鼓台村委会3人 对第一次咨询意见进行反 关村 2011年 阳平关村 （女性1人），村民代 馈，讨论项目征地拆迁补偿标 擂鼓台村 1月4日 村委会、 表5人 准和安置方案。各村代表对安 回民沟村 （女性2人），回民沟 置补偿方案表示了赞成。 赖马沟村 村委会3人（女性1 人），村民代表5人 （女性1人，贫困户1 人），赖马沟村委会3 人（女性2人），村民 代表6人（女性2人） 县交通局2人，燕子 砭乡政府2人，沈家坝 村委会3人（女性1 人），村民代表5人 （女性1人，贫困户1 燕子砭乡 对第一次咨询意见进行反 人），枣林坝村委会3 沈家坝村 2011年 县交通局会 馈，讨论项目征地拆迁补偿标 人（女性1人），村民 枣林坝村 1月6日 议室 准和安置和生计恢复方案。各 代表6人（女性2 木槽沟村 村代表均同意项目安置补偿方 人），木槽沟村委会4 中坝村 案。 人（女性1人），村民 代表6人（女性2 人），中坝村委会3人 （女性1人），村民代 表6人（女性2人） 县交通局3人，安乐 河乡政府1人，安乐河 对第一次咨询意见进行反 村委会3人（女性1 安乐河乡 县交通局会 馈，讨论项目征地拆迁补偿标 2011年 人），村民代表5人 安乐河村 议室 准和安置方案。各村代表对安 1月8日 （女性1人，贫困户1 石垭子村 置补偿方案表示赞成。 人），石垭子村委会3
人（女性1人），村民 代表6人（女性2人）
57 58 Appendix 7
县交通局2人广坪 镇政府1人，广坪村委 会3人（女性1人）， 村民代表5人（女性2 广坪镇 对第一次咨询意见进行反 县交通局会 人，贫困户1人），曹 广坪村 2011年 馈，讨论项目征地拆迁补偿标 议室 家沟村委会3人（女性 曹家沟村 1月9日 准和安置方案。各村代表对安 1人），村民代表6人 茅咀村 置补偿方案表示赞成。 （女性1人），茅咀村 委会3人（女性1 人），村民代表5人 （女性2人） 县交通局2人，青 木川镇政府2人，后沟 村委会3人（女性1 人），村民代表6人 （女性1人） ，玉泉坝村委会3人 （女性1人），村民代 青木川镇 表5人（女性2人）， 后沟村 李家院村委会3人（女 对第一次咨询意见进行反 玉泉坝村 县交通局会 性1人），村民代表5 2011年 馈，讨论项目征地拆迁补偿标 李家院村 议室 人（女性1人，贫困户 1月10日 准和安置方案。各村代表均同 东坝村 1人），东坝村委会3 意项目安置补偿方案。 青木川村 人（女性1人），村民 南坝村 代表6人（女性2 人），青木川村委会3 人（女性2人），村民 代表6人（女性1 人），南坝村委会3人 （女性1人），村民代 表5人（女性2人，贫 困户1人）