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Sichuan Ziyang Green Transformation and Development Project

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Sichuan Ziyang Green Transformation and Development Project Resettlement Plan (Draft) Project number: 51189-001 April 2018 People’s Republic of China: Sichuan Ziyang Green Transformation and Development Project Prepared by the Project Management Office of the Ziyang Municipal Government for the Asian Development Bank CURRENCY EQUIVALENTS (as of 19 April 2018) Currency unit – yuan (CNY) CNY1.00 = $0.1594 $1.00 = CNY 6.2744 ABBREVIATIONS ADB – Asian Development Bank EIA – environmental impact assessment EMP – environmental management plan GRM – grievance redress mechanism ha – hectare LURT – land use rights transfer mu – a Chinese unit of measurement (1 mu = 0.067 hectares) O&M – operation and maintenance PAM – project administration manual PMO – project management office PRC – People’s Republic of China R&D – research and development SZHTDZ – Sichuan Ziyang High Technology Development Zone TA – technical assistance TVET – technical and vocational education and training YREB – Yangtze River Economic Belt ZMG – Ziyang Municipal Government NOTE In this report, "$" refers to United States dollars. 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. Your attention is directed to the “terms of use” section of this website. 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. Resettlement Plan (Draft) PRC: Sichuan Ziyang Green Transformation and Development Project Project Management Office of Ziyang Municipal Government for ADB Financed Project April 2018 i Definition of Terms In the context of involuntary resettlement, affected/displaced persons are Affected Person those who are physically displaced (relocation, loss of residential land, or (AP) or Displaced loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) Persons.： involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. Money or payment given to affected persons for property, resources and Compensation： income losses. According to the losses categories of affected persons, they are entitled to Entitlement： get compensation, income restoration, relocation costs, income subsidies and resettlement to restore socioeconomic conditions. Income Rebuild the affected persons’ source of income and living standard. Recovery： Rebuild houses and properties including productive land and public Resettlement： facilities at another area. Material and immaterial property losses, including residential houses, Impacts： communities, production land, income sources, culture centers, social structure, network, culture characteristic and cooperative system. Resettlement Plan An action plan with timeline and budget, including resettlement strategies, (RP)： targets, rights, action, responsibilities, monitoring and evaluation. Vulnerable Refers to a special group of people who may be impacted more seriously Groups: during the resettlement process. ii Table of Contents Executive Summary .................................................................................................................................... ix 1 Project Overview .................................................................................................................................. 1 1.1 Project Background ............................................................................................................................. 1 1.2 Components and Construction Contents ......................................................................................... 2 1.3 Project Preparation and Resettlement Plan Preparation ............................................................... 5 1.4 Measures to Avoid and Minimize LAR Impacts ............................................................................... 5 2 Impacts of the Project ......................................................................................................................... 7 2.1 Permanent Land Acquisition(PLA) of Collective Land ................................................................... 7 2.2 State-owned Land Occupation (SLO) ............................................................................................. 10 2.3 Impact of Temporary Land Occupation .......................................................................................... 11 2.4 Residential House Demolition Impacts ........................................................................................... 11 2.5 Non-Residential Structures Demolition Impacts ........................................................................... 12 2.6 Affected Ground Attachments .......................................................................................................... 13 2.7 Affected Population ........................................................................................................................... 14 2.8 Affected Vulnerable Groups ............................................................................................................. 14 3 Socioeconomic Characteristics ...................................................................................................... 16 3.1 Socioeconomic Conditions of Affected Project Areas .................................................................. 16 3.1.1 Socioeconomic Profile of Ziyang City ..................................................................................... 16 3.1.2 Socioeconomic Profie of Yanjiang District ............................................................................. 16 3.1.3 Socioeconomic Profile of Affected Towns .............................................................................. 16 3.1.4 Socioeconomic Conditions of Affected Villages /Communities........................................... 16 3.2 Household Sampling Survey of APs ............................................................................................... 17 3.2.1 Summary Demographic Characteristics of Sampled People .............................................. 17 3.2.2 Sampling Survey of People Affected by Landfill Closure .................................................... 18 3.2.3 Sampling Survey of People Affected by Yannan Wetland Component ............................. 19 3.2.4 Sampling Survey of People affected by Binjiang Eco-dike ................................................. 21 3.2.5 Sampling Survey of People affected by Urban Green Wedge and TVET Center ............ 22 3.3 Survey on the Resettlement Willingness ........................................................................................ 24 3.4 Gender Analysis of LAR Impacts..................................................................................................... 26 iii 4 Legal Framework and Policies ........................................................................................................ 28 4.1 Laws, Regulations and Policies ....................................................................................................... 28 4.2 Relevant PRC Laws and Regulations ............................................................................................ 29 4.3 Provincial and Municipal Regulations ............................................................................................. 35 4.4 ADB’s Policies on Involuntary Resettlement ................................................................................. 37 4.5 Differences between ADB and Domestic Policies and Solutions to Fully Meet ADB Requirements ................................................................................................................................................. 38 4.6 Resettlement Principles of the Project ............................................................................................ 39 5 Compensation Standards ................................................................................................................. 40 5.1 Cut-off Date for Entitled Compentation .......................................................................................... 40 5.2 Compensation Rates for Permanent Land Acquisition ................................................................ 40 5.3 Compensation Rates for Rural Residential House ....................................................................... 40 5.3.1 Basic Compnesations ............................................................................................................... 40 5.3.2 Policy-based Subsidies and Awards ....................................................................................... 41 5.3.3 Other Policy-based Subsidies and Awards ............................................................................ 41 5.4 Compensaiton Rates for Non-residential Houses ......................................................................... 42 5.5 Ground Attachments ......................................................................................................................... 43 5.6 Entitlement Matrix .............................................................................................................................. 43 6 Livelihood Restoration
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