APPENDIX D-12:

Dingzhou City WWTP Resettlement Plan

Dingzhou City WWTP Resettlement Plan

Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project

Tiexi Wastewater Treatment Project,

Dingzhou City

Resettlement Plan

Dingzhou City Wastewater Treatment Plant

July 2007

Dingzhou City WWTP Resettlement Plan

Letter of Commitment

Through Ministry of Finance, Municipal Government (BMG) is applying for the loan from the Asian Development Bank (ADB) to finance the present project. Therefore, the implementation of the present project should be in compliance with ADB’s policies of Social Safeguards. This Resettlement Plan represents a key requirement of the ADB and is the key basis for land acquisition, house demolition and resettlement in the present project. This Resettlement Plan also complies with the laws of the People’s Republic of and local regulations. Besides, for better resettlement outcome it adopts additional measures and arrangements for implementation and monitoring.

BMG hereby approves the contents of this Resettlement Plan and guarantees that resettlement budget has been included in the whole project budget and it will be made available as stipulated. BMG has discussed the draft Resettlement Plan with relevant departments and the latter have confirmed their acceptance. BMG authorizes Baoding ADB Project Management Office to be responsible for all project implementation and relevant resettlement activities. Related local governments take charge of actual subproject implementation and executing relevant resettlement.

Mayor, Baoding Municipal Government

______(signature) ______(date)

- D-12-I - Dingzhou City WWTP Resettlement Plan

Executive Summary Dingzhou City WWTP will focus on industrial wastewater treatment, the goal of which is to treat domestic and industrial wastewater produced by phase 1 and 2 construction land. Dingzhou City WWTP Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, which is funded by ADB. After the implementation of the project, it will greatly ameliorate the environment and water quality of this area, ensure the local people’s health, release the shortage of water resources through water reuse, and cut off the main pollution source in Baiyangdian which is convenient for the pollution control of the whole catchment. The Resettlement Plan is based on the feasibility study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval.

The Dingzhou City WWTP consists of a wastewater treatment plant project, an auxiliary wastewater collection and drainage system, and inside roads, with a gross investment estimation of CNY 105.411 million.

The project will last eight months from February 2008 to October 2008. According to project schedule and under the guidance of TA office, Dingzhou City Planning Bureau prepared resettlement plan in August 2006, and finished the RPs, modified and submitted it to ADB’s review before 31 January 2007. The land acquisition, compensation and resettlement plan to start in September 2007.

The compensation for land acquisition and resettlement is CNY6.276million which has been involved in the cost estimate, including CNY 2.905 million for permanent land acquisition, accounting for 46.29% of the total cost estimate; CNY 0.824 million for infrastructure and its subsidiaries, 13.13% of the total; CNY1.036 million for temporary land acquisition, 16.51% of the total; CNY 1.51 million for other fees, contingencies, 24.07% of the total.

In order to avoid or reduce the negative impacts of land acquisition, during the feasibility study phase, it is given more consideration and discussion with the affected villages and the APs. After comparing and optimizing, the best site scheme is selected--Dasitou Village, southwest of Dingzhou City, with a land occupation area of 75mu.

The permanent land acquisition of the project is a waste brickfield which is waste grassland now. There is no people working or living there, thus, no population is affected. The temporary land acquisition of the project will affect farmland of 11 villages in Zhaocun Township with an affected population of 1,244 household with 5,425 persons. The project will also affect two seasons of crops. In addition, it will affect the trips of 2,272 workers in 7 enterprises; however, the impact will be tiny.

- D-12-II - Dingzhou City WWTP Resettlement Plan

This project will require 75 mu permanent land acquisition which is waste grassland. The temporary land for wastewater collection system is 214.36 mu of collective-owned land which is irrigated land. Further more, there is no ground appendix on the permanent occupied land for WWTP. Ground attachments affected by temporary land occupation are as follows: 191 tombs, 700m of communication cable, 5 vegetable greenhouses, 1,465 non-fruit mature trees, 18,160 non-fruit young trees, and 1,755 scattered fruit trees.

This Resettlement Plan is based on the Land Administration Law of the People’s Republic of China (2004), State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (Ref. No. GF [2004] 28), related policies of province and Baoding municipality, ADB’s Policy on Involuntary Resettlement, and other relevant policies for social security. Also through negotiation with local government and APs, the principles for preparation of this Resettlement Plan are: (i) Involuntary resettlement should be avoided or minimized where feasible; (ii) Compensation and entitlements provided for the APs should be able to at least maintain, or improve their “pre-project” standard of living; (iii) No matter whether they have legal entitlements will All APs be compensated and assisted; (iv) Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or through land replacement and other income-generating activities will provided for; (v) All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income restoration plans, project timing, and will be involved in RP implementation; (vi) No land acquisition will take place unless replacement land or sufficient compensation are given to APs; (vii) The EA and independent/ third party will monitor compensation and resettlement operations; (viii) Vulnerable groups will receive special assistance or treatment to ensure then to better off. APs should have the opportunities to benefit from the Project; (ix) RP should be combined with overall county planning; (x) RP budget should be adequate and cover full aspects.

As to the permanent land acquisition, the land acquisition compensation includes land compensation fee and resettlement subsidies. The land acquisition compensation for the annual output value of irrigated land is CNY 2,421/mu, the compensation multiple is 16, in which land compensation multiple is 10 and resettlement multiple is 6.

According to the calculation, the affected village will receive CNY 2.905 million of the total compensation, including CNY 1.816 million of the land acquisition compensation fee, and CNY 1.089 million of resettlement subsidies. According to the agreement with the village committee and the villagers, the compensation fee for the collective-owned land acquisition and resettlement will be paid to the affected village and used for the construction of infrastructures, industrial structures adjustment, increasing farmer’s income and vulnerable groups support.

- D-12-III - Dingzhou City WWTP Resettlement Plan

Through different ways, such as, meetings, interviews and group discussions, public participations and negotiations within communities, all the affected persons (including 30% women) were informed of the key content of the resettlement plan. Villagers participated in the project and their opinions were included in the plan. The Resettlement Information Booklet and Resettlement Plan were handed out to the affected persons and villages in December 2006. The first draft of the Resettlement Plan was publicized on the ADB’s official website in March, 2007. The grievance redress channel has been established for the affected persons. Each relevant agency should process the complaint and grievance redress from the affected persons for free, and the reasonable fee resulted will be covered by the contingencies. Dingzhou City WWTP will work together with local labor security department on the resettlement training which includes pre-employment training and professional ability training. The construction of this project will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. Labors in the affected households will be given the priority for taking part of the construction, working at the non-technical posts to increase their incomes and raising their living standard. When pipeline network construction starts, it will affect two seasons of crops. In accordance with the temporary land occupation scope and the affected standing crops, the affected village will receive the compensation fee as a whole, and then distribute the compensation fee to the APs. The project will adversely affect the crop production in both growth seasons. Therefore, during the installation of piping networks, the construction agency shall provide affected villages with compensation proportional to the area of temporary land acquisition and the amount of affected crops. The compensation, which shall be accounted in the project cost, will in turn be provided to affected households. The Implementation Agency shall provide compensation to the property owner(s) of affected infrastructures and ground attachments, which can be later reconstructed by the property owner. The PMO will give special help and arrangement to the vulnerable group, such as endowment insurance and lowest living guarantee, or work priority according to their competence.

Dingzhou City WWTP will be the implementing agency of the project. It will establish Resettlement Department to carry out the specific responsibility for implementation of the Resettlement Plan. In order to ensure that the Resettlement Plan will be carried out smoothly, Baoding Project Management Office (BPMO) will submit an internal monitoring report to ADB each quarter and meanwhile will entrust independent monitoring agency to conduct external monitoring and evaluation and submit the external monitoring reports to ADB and BPMO every six months during the resettlement implementation and submit annual evaluation reports as well within 2 years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website. The monitoring and evaluation cost is included in the budget of the resettlement cost.

- D-12-IV - Dingzhou City WWTP Resettlement Plan

Abbreviations

ADB Asian Development Bank APs Affected persons BMG Baoding Municipal Government CNY Chinese currency DMS Detailed Measurement Survey EA Executing agency HH Household IA Implementing agency LA Land acquisition LAR Land acquisition and resettlement MLR Ministry of Land and Recourses M&E Monitoring & Evaluation mu Chinese land area unit of measure: 1 mu = 0.0667 ha AAOV Average annual output value PMO Project management office PPTA Project preparatory technical assistance PRC People’s Republic of China RP Resettlement plan TOR Terms of reference WWTP Wastewater treatment plant

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Glossary or Terminology

Affected person (or : People (households) affected by project-related changes in use of land, water household) or other natural resources. Compensation : Money or payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income. Entitlement : Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Income restoration : Reestablishing income sources and livelihoods of people affected Relocation : Rebuilding housing, assets, including productive land, and public infrastructure in another location. Resettlement effect : Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms. Resettlement plan : A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Vulnerable groups : Distinct groups of people who might suffer disproportionately from resettlement effects.

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Table of Contents

1 PROJECT INTRODUCTION...... 1

1.1 BRIEF INTRODUCTION OF THE PROJECT ...... 1 1.1.1 Project Composition and Scope of Land Acquisition ...... 1 1.1.2 Project impacts...... 2 1.2 SOCIO-ECONOMICAL BENEFIT OF THE PROJECT...... 2 1.3 COST ESTIMATE AND IMPLEMENTATION PLAN...... 3

2 PROJECT IMPACTS AND SOCIOECONOMIC STATUS OF THE PROJECT AREA...... 4

2.1 MEASURES TO AVOID OR MINIMIZE THE IMPACTS OF LAND ACQUISITION ...... 4 2.1.1 Project Design and Site-selection Principle...... 4 2.1.2 Project Scheme Comparison...... 4 2.2 SURVEY MEASURES AND PROCESS ...... 4 2.3 SOCIOECONOMIC STATUS OF THE AFFECTED COUNTY AND TOWN ...... 5 2.4 SOCIOECONOMIC STATUS OF THE AFFECTED VILLAGE...... 6 2.5 PROJECT IMPACTS ...... 7 2.5.1 Permanent Collective-owned Land Acquisition and Project Impacts Analysis ...... 7 2.5.2 Temporary Land Occupation ...... 8 2.5.3 Affected Population and Basic Economic Status ...... 10 2.5.4 Vulnerable Groups ...... 13 2.5.5 Impacts on Women ...... 13 2.5.6 Infrastructures and Ground attachments ...... 14

3 LEGAL FRAMEWORK AND POLICIES...... 15

3.1 APPLICABLE LAWS, REGULATIONS & POLICIES FOR RESETTLEMENT...... 15 3.2 ADB POLICIES ...... 15 3.3 CHINA’S LAWS, REGULATIONS AND RELEVANT ARTICLES ...... 17 3.4 COMPENSATION PRINCIPLES OF THIS PROJECT ...... 23 3.5 COMPENSATION ELIGIBILITY CUT-OFF DATE ...... 23 3.6 DEFINITION OF THE RESETTLEMENT RATE ...... 23 3.6.1 Collective-owned Land Acquisition ...... 23 3.6.2 Temporary Land Occupation Compensation ...... 24 3.6.3 Infrastructures and Ground attachments Compensation ...... 24 3.6.4 Other Compensation standard ...... 24 3.7 ENTITLEMENT MATRIX ...... 26

4 RESETTLEMENT MEASURES ...... 28

4.1 OBJECTIVES OF RESETTLEMENT ...... 28 4.2 RESTORATION MEASURES OF THE PERMANENTLY REQUISITIONED COLLECTIVE LAND ...... 28 4.2.1 Cash Compensation...... 28 4.2.2 APs Training...... 29 4.2.3 Project Employment ...... 29 4.3 WOMEN’S RIGHTS...... 30 - D-12-i - Dingzhou City WWTP Resettlement Plan

4.4 RESTORATION OF TEMPORARILY OCCUPIED LAND ...... 30 4.5 RESTORATION OF INFRASTRUCTURES AND GROUND ATTACHMENTS...... 31

5 INSTITUTIONAL FRAMEWORK ...... 32

5.1 INSTITUTION ESTABLISHMENT...... 32 5.2 STAFF ARRANGEMENT AND TRAINING PLAN...... 32 5.2.1 Staff Arrangement ...... 33 5.2.2 Training Plan ...... 33 5.3 ENHANCEMENT MEASURES FOR RESETTLEMENT INSTITUTIONS ...... 33

6 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS ...... 35

6.1 PUBLIC PARTICIPATION ...... 35 6.1.1 Public Participation in the Project Preparation Period...... 35 6.1.2 Participation Plan in the Period of Implementation ...... 36 6.2 GRIEVANCE REDRESS ...... 37

7 RESETTLEMENT COST ESTIMATE...... 39

7.1 RESETTLEMENT COST ESTIMATE...... 39 7.2 RESETTLEMENT INVESTMENT PLAN AND BUDGETARY RESOURCES...... 39 7.3 RESETTLEMENT FUND MANAGEMENT AND DISBURSEMENT ...... 39

8 RESETTLEMENT IMPLEMENTATION PLAN ...... 42

8.1 PRINCIPLES OF RESETTLEMENT IMPLEMENTATION ...... 42 8.2 TIMETABLE FOR RESETTLEMENT IMPLEMENTATION...... 42

9 MONITORING AND EVALUATION...... 44

9.1 INTERNAL MONITORING ...... 44 9.2 EXTERNAL MONITORING ...... 45

APPENDIX 1 INTERVIEW SUMMARY...... 47

APPENDIX 2 OUTLINE OF EXTERNAL MONITORING ...... 48

APPENDIX 3 RESETTLEMENT INFORMATION BOOKLET...... 51

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List of Tables

TABLE 2-1 TABLE OF BASIC INFORMATION OF ZHAO COUNTY IN 2005...... 6 TABLE 2-2 TABLE OF BASIC SOCIOECONOMIC INFORMATION IN AFFECTED VILLAGES...... 7 TABLE 2-3 PERMANENT COLLECTIVE-OWNED LAND ACQUISITION...... 7 TABLE 2-4 LAND ACQUISITION IMPACTS ANALYSIS ...... 8 TABLE 2-5 TEMPORARY LAND OCCUPATION CONDITION...... 9 TABLE 2-6 AFFECTED INFORMATION OF THE TEMPORARILY OCCUPIED LAND ...... 11 TABLE 2-7 PUBLIC OPINIONS SURVEY ...... 13 TABLE 2-8 AFFECTED INFRASTRUCTURES AND GROUND ATTACHMENTS ...... 14 TABLE 3-1 SUMMARY OF MAIN ARTICLES IN LAND ADMINISTRATION LAW AND RELEVANT POLICIES ..... 18 TABLE 3-2 REF. NO.GF [2004]28, REF. NO.GTZF [2004]238, JZ [2004]151 AND THEIR APPLICATION20 TABLE 3-3 RESETTLEMENT PRINCIPLES OF THE PROJECT...... 23 TABLE 3-4 AVERAGE ANNUAL OUTPUT VALUE OF AFFECTED CULTIVATED LAND IN PREVIOUS 3 YEARS 24 TABLE 3-5 COLLECTIVE LAND ACQUISITION COMPENSATION STANDARD OF THE PROJECT ...... 24 TABLE 3-6 INFRASTRUCTURE AND GROUND ATTACHMENTS RESETTLEMENT STANDARD OF THE PROJECT24 TABLE 3-7 OTHER COMPENSATION STANDARD OF THE PROJECT...... 25 TABLE 3-8 ENTITLEMENT MATRIX ...... 26 TABLE 4-1 COMPENSATIONS FOR VILLAGE GROUP & PERSONS AFFECTED BY LAND ACQUISITION...... 28 TABLE 4-2 TECHNICAL TRAINING PLAN FOR APS ...... 29 TABLE 5-1 STAFF ARRANGEMENT IN RESETTLEMENT INSTITUTIONS INVOLVED IN THE PROJECT...... 33 TABLE 5-2 RESETTLEMENT STAFF TRAINING PLAN...... 33 TABLE 6-1 PUBLIC PARTICIPATION DURING THE PERIOD OF PROJECT PREPARATION ...... 36 TABLE 6-2 PROJECT PUBLIC PARTICIPATION PLAN ...... 37 TABLE 7-1 RESETTLEMENT INVESTMENT PLAN OF DINGZHOU CITY WWTP...... 39 TABLE 7-2 RESETTLEMENT COMPENSATION COST ESTIMATE OF DINGZHOU CITY WWTP ...... 40 TABLE 8-1 RESETTLEMENT IMPLEMENTATION TIMETABLE...... ERROR! BOOKMARK NOT DEFINED. TABLE 9-1 PROGRESS REPORT ON LAND ACQUISITION AND RESETTLEMENT...... 44 TABLE 9-2 EXECUTIVE PROGRESS ON FUNDS UTILIZATION...... 45 TABLE 9-3 SCHEDULE FOR RESETTLEMENT MONITORING AND EVALUATION ...... 46

List of Figures

FIGURE 2-1 GEOGRAPHICAL LOCATION OF DINGZHOU CITY ...... 5 FIGURE 5-1 INSTITUTIONAL FRAMEWORK FIGURE FOR RP ...... 32

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1 Project Introduction

1.1 Brief Introduction of the Project

Dingzhou City WWTP Project is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project in Baoding City, Hebei Province, which is funded by ADB. According to the development plan in this city, it will exploit phase 1and 2 construction land in the west of the city, and now the phase 2 which is used as industrial production zone has developed to a certain scale. For promoting economical and environmental harmonious development, it is needed to build a WWTP in south of phase 2 construction land and north of Dianchang Road. After the implementation of the project, it will greatly ameliorate the environment and water quality of this area, ensure the local people’s health, release the shortage of water resources through water reuse, and cut off the main pollution source in Baiyangdian which is convenient for controlling the pollution of the whole catchment.

Dingzhou Municipal Government began the prophase work of WWTP from 2004. Mayor organized Land Resources Bureau, Water Conservancy Bureau, Environmental Protection Agency and Planning bureau and so on to dispatch the progress of this project. In order to solve the deterioration of ecological environment in Baiyangidan, the Dingzhou City WWTP is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project, which is funded by ADB. Being entrusted by Dingzhou Development and Planning bureau, the DI has finished “The Feasible Study Report of Dingzhou City Wastewater Treatment Project Phase 2” in July 2006, and the Resettlement Plan is based on the feasible study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval.

1.1.1 Project Composition and Scope of Land Acquisition

The Tiexi Wastewater Treatment Project of Dingzhou City is focused on industrial wastewater treatment, the goal of which is to treat domestic and industrial wastewater from phase 1 and 2 construction area.

Dingzhou City WWTP consists of a wastewater treatment plant project, an auxiliary wastewater collection and drainage system, and inside roads. Refer to Table 1-1 for the project composition.

- D-12-1 - Dingzhou City WWTP Resettlement Plan

Table 1-1 Brief Description of Project Composition Project Brief Description Remarks

Located in the southwest of Zhao County, Dingzhou City; with a Permanently requisitioned land WWTP treatment capacity of 40,000m3 per day (in the near-future); the involves Dasitou Village, with SBR-CAST wastewater treatment technology will be adopted.. the requisitioned land 74.25mu.

Because there is 50m between WWTP and Dianchang road, it Permanently requisitioned land Inside Road is necessary to build road toward WWTP, road size: width 10m, involves Dasitou Village, with length 50m. the requisitioned land 0.75mu.

It includes wastewater collection pipeline from industrial area to Temporary requisitioned land WWTP, and Drainage pipeline from WWTP to Mengliang River. involves 11 villages in Zhao Network The pipe diameter is about 300-1899mm, and the total length is County, with the requisitioned 75441m. land 214.36mu.

1.1.2 Project impacts

The main impact of Dingzhou City WWTP is permanent / temporary land occupation. There is no removing of building or enterprises and public utilities. The permanent requisitioned collective-owned land is a waste brickfield, and covered waste grass, no one working or living there; the temporary land occupation will affect 11 villages, about 1244 households and 5425 people in Zhao County.

In this project the requisition of land can be classified into two parts: the 75 mu permanent requisitioned land for WWTP and inside road belongs to Dasitou village, and now it is waste grassland. The 214.36 m temporary requisitioned land for wastewater collection pipe network is collective-owned and irrigated.

What will be affected by this project are as follows:191 tombs, 700 m communication cable, 5 vegetable greenhouses, 1465 nonfruit large trees, 18160 nonfruit small trees, 1755 fruit trees.

1.2 Socio-economical benefit of the project

The estimated socioeconomic benefits are: (1) Control the pollution of Haihe River Basin and protect the water resources; (2) Protect the water quality of South-to-North Water Transfer Project line; (3) Improve the city environment of Dingzhou City and ensure the health of inhabitants; (4) Improve the sustainable development of Dingzhou City and mitigate the tense condition of water resources; (5) Ameliorate the eco-environment of Xiaoqing River, Mengliang River and Baiyangdian Lake and improve the development of local agriculture and fishery.

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1.3 Cost Estimate and Implementation Plan

The total cost estimate for the Tiexi Wastewater Treatment Project of Dingzhou City is CNY105.411 million. The project consists of there components: WWTP, wastewater collection and drainage system and inside road, and it will last 8 months from February 2008 to October 2008.

According to the schedule of the implementation, under the guide of ADB TA office, Dingzhou Planning bureau to prepare the Resettlement Plan started in August 2006, and the Resettlement Plan was finished, modified, and submitted to ADB for a review on 31st January 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September 2007.

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2 Project Impacts and Socioeconomic Status of the Project Area

2.1 Measures to Avoid or Minimize the Impacts of Land Acquisition

2.1.1 Project Design and Site-selection Principle

In the phase of project design, in consideration of minimizing the area of acquisition and resettlement, the main principles are:

- Avoid or reduce the occupation of the present and planning residential districts; - Avoid or reduce the occupation of high-quality cultivated land; - Utilize the existing roads available to the project site, either by the national ones or the local ones; - Avoid or reduce the occupation of the environmentally sensitive area.

2.1.2 Project Scheme Comparison

The project is based on comprehensive survey on reducing land acquisition and resettlement, as well as considering environment, implementation feasibility, the technology reliability, economy reasonability and of the key factors concerned such as the site-selection of WWTP and the wastewater treatment technology by comparing and optimizing the schemes. And then it is decided to select the land at Dasitou village Zhao County for the WWTP construction, which is at the southwest of Dingzhou City. Besides it is noted that it should avoid non-necessary land acquisition as possible when site-selection for stocks and wastes, as meanwhile it should inform the farmers ahead of time whose land was requisitioned to reduce their loss as less as possible.

2.2 Survey Measures and Process

During the preparation of this project, a series of consulting meeting have been held with local governments at all levels and village committees for the impact of project implementation, their opinions and perspectives have been paid more attention. In this RP we have considered all kinds of comments and issues concerned, to guarantee that the RP will be consistent with the development planning in the affected villages.

In August 2006, in order to know the impact condition and according to the requirement of ADB, Dingzhou City WWTP technicians and the resettlement plan design institute conducted surveys on various indexes of affected physical goods with the coordination of the cadres and villagers in affected villages and groups. An overall account was conducted on household basis. In the mean time, the survey was conducted door to door with all affected families (14 households), including family members, land acquisition impacts, family financial conditions and resettlement wills. The survey group also went deep into the village committee and village group and invited further opinions and proposals on the resettlement in form of conversation and negotiation participated by the

- D-12-4 - Dingzhou City WWTP Resettlement Plan village committee, village group and persons to be affected.

2.3 Socioeconomic Status of the Affected County and Town

(1) Socioeconomic Status of the Affected City

Dingzhou City is located in the central part of Plain and Hebei Province, to the southeast of Baoding City, and it is 74 km away from to the south, 68 km away from Baoding to the north and 280 km away from . The total area of Dingzhou city is 1274 km2. With advantageous geographical position, large region and convenient transportation Dingzhou has promoted greatly in social economy.

Baoding Municipality

Dingzhou City

Figure 2-1 Geographical Location of Dingzhou City

Dingzhou City governs 14 towns, 8 counties, 3 urban offices and 506 administrative villages. In 2005, the population of Dingzhou City was 1,151,000 and among which 218,575 was non-agricultural population and 538,144 were male. The total labor force was 619,573 among which 34,112 was industrial laboe force and 393,973 was agriculture labor force. The cultivated land area of Dingzhou City is 7700 ha and per capita cultivated land of agricultural population is 1.24 mu.

Compared with 2004, in 2005 the municipal financial income reaches CNY 826.36 million, an increase of 44.7% over the previous year; the GDP of Dingshou City increased to CNY 7.67 billion, in which the increased gross agriculture output was CNY 3.418 billion, and the increased gross industry output was CNY 3.65 billion. The per capita net income of the local farmers was CNY 3,775, an increased of 5.9% over the previous year, and the per capita disposable income of urban resident was CNY 6,324, up by 10.5% over the previous year.

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(2) Socioeconomic Status of the Affected County and Town

The location of site-selection and network construction is in Zhao County, where is 5 km western away from the Dingzhou City and southern bank of Tang River. The geographical position is richly endowed by nation, convenient traffic network consists of Beijing- Railway, Suohuang Railway, 107 national highway and Dingqu Road which pass though here and connected with tens of countryside blacktops.

By the end of 2005, Zhao County governs 25 villages with an overall population of more than 50,000 among which more than 30,000 was rural labor force and in which 13,000 was female labor force; cultivated land area of 49,300 mu, the GDP of CNY 210 million among which CNY 166 million was industry product; the per capita net income was CNY 2,888. (Refer to table 2-1)

Table 2-1 Table of Basic Information of Zhao County in 2005 Totle Cultivated Gross Domestic The Per Capita Net Name Household Area Population land area Product (GDP) Income Zhao 11,740 50,700 53km2 49,300Mu 210 million CNY2888 county

2.4 Socioeconomic Status of the Affected Village

The permanent collective-owned land acquisition involves Dasitou Village, Zhao Couty. Dasitou Village had overall 693 households, total population of 2,892 among which 1,200 was labor force; it had total cultivated land 2,135 mu and 0.74mu per capital. The per capital income was CNY 2,677.

The temporary requisitioned collective owned land for pipe network involves ZhaoXigande, Xindianzi, Huanggongcheng, Hujiazuo, Dabaoziting, xiaobaoziting, Xinhe Village, Xinxing Village, Beigongcheng and Dasitou, there are 11villages in all and 5,774 households, total population of 24,885 among which 13,518 was labor force; it had total cultivated land 20674 mu and 0.834 mu per capita. The per capital income was CNY 2,766 in 2005. In Xiaobaoting Village the per capita land area was 1.03 mu, in other villages it was less than 1 mu, especially in Xinxing Village it is 0.54 mu; the per capita net incomes fluctuated between 2,700 and 3,000 in these villages. In these villages this project mainly has an impact on cultivated land, crops on which are wheat, corn and so on. The details of impacts are listed in Table 2-2.

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Table 2-2 Table of Basic Socioeconomic Information in Affected Villages Total Total Labor Per Capita The per capita net Population Land Name Household Force Land income (person) Area (household) (person) (mu/person) (CNY/year-person) (mu) Beigongcheng 681 2970 2100 2681 0.90 2970 Xinxing Village 652 2892 1900 1567 0.54 2905 Xigande 526 2313 1300 1850 0.80 2992 Dabaoziting 480 2025 1435 1757 0.87 2800 Xiaobaoziting 136 595 310 610 1.03 2937 Hujiazuo 635 2688 801 2667 0.99 2909 Xinmin Village 552 2336 1201 1929 0.83 2898 Xinhe Village 355 1625 721 930 0.57 2738 Xindianzi 569 2460 1350 2795 1.14 2976 Huanggongcheng 495 2089 1200 1753 0.84 2762 Dasitou Village 693 2892 1200 2135 0.74 2766 Total 5774 24885 13518 20674 0.83 /

2.5 Project Impacts

2.5.1 Permanent Collective-owned Land Acquisition and Project Impacts Analysis

(1) Permanent Collective-owned Land Acquisition

The project will permanently acquire 75mu collective-owned land in Dasitou Village, Zhao County, which is collective land in reserve. The land was an abandoned brickfield and now its use type is waste grassland, and it is identified as the city planning construction area. Refer to Table 2-3 for land acquisition impacts analysis.

Table 2-3 Permanent Collective-owned Land Acquisition Area of Permanent Land Acquisition (mu) Name Project Total grassland dryland Others Dasitou Village WWTP 75 75 0 0

(2) Collective-owned Land Acquisition Impacts Analysis

The project will occupy 3.51% of land in this village, there is no directly affected population, and no collective or household loss. Refer to Table 2-4 is for the analysis of land acquisition impacts.

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Table 2-4 Land Acquisition Impacts Analysis Income Before Land Acquisition Land Acquisition Impacts Land Acquisition Impacts impacts Ratio of Village Total Land Waste Affected Affected Ratio of Ratio of Ratio of Population Land Households Area Grassland Households Population Households Population Loss (people) Acquisition (household) (mu) Area (mu) (household) (people) (%) (%) (%) (%) Dasitou village 693 2892 2135 75 0 0 0 0 3.51 0

2.5.2 Temporary Land Occupation

According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network and the WWTP. The total temporarily occupied state-owned land area is 214.36 mu, all of which is irrigated land, and the occupied period is 6 months, which will affect the crop production in both growth seasons. Refer to table 2-5 for the details of temporarily occupation.

The construction of the project will certainly affect 1224 household and 2272 workers in 7 enterprises, due to the wide breadth of the motor lane, using the existing drain, the implementation of pipeline will cause some impacts to near households and shops, and it is no need to widen the lane. In the mean time, the construction of the auxiliary pipeline network will be divided into several flexible parts. Each part lasts about one or two weeks. During the implementation, paving kinds of temporary paths and posting signs will be needed to reduce or minimize the impacts. The IA will compensate the households and shops along the lane for the impacts when the construction lasts longer than that of planned, the compensation standard is CNY 100/day, which has covered in contingencies.

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Table 2-5 Temporary Land Occupation Condition

Household Enterprise Type of Land Irrigated Village Total Use Land Content and Degree of The number The number of Content and Degree household Population Impact of firms workers of Impact the crop production in both Xigande Land for Pipeline 16.62 16.62 75 300 4 1,403 trips,minor growth seasons the crop production in both Xindianzi Land for Pipeline 14.91 14.91 120 520 growth seasons the crop production in both Huanggongcheng Land for Pipeline 14.63 14.63 120 500 growth seasons the crop production in both Hujiazuo Land for Pipeline 40.71 40.71 120 520 growth seasons the crop production in both Xinhe Village Land for Pipeline 18.12 18.12 60 260 growth seasons the crop production in both Xinmin Village Land for Pipeline 16.67 16.67 110 520 growth seasons the crop production in both Beigongcheng Land for Pipeline 24.22 24.22 130 540 growth seasons the crop production in both Dasitou Land for Pipeline 8.52 8.52 75 310 growth seasons the crop production in both Dasitou Land for WWTP 5 5 86 405 growth seasons the crop production in both Dabaoziting Land for Pipeline 38.3 38.3 150 700 growth seasons the crop production in both Xiaobaoziting Land for Pipeline 7.44 7.44 50 170 growth seasons the crop production in both Xinxing Village Land for Pipeline 9.22 9.22 148 680 3 869 Trips, minor growth seasons Total 214.36 214.36 1,244 5,425 7 2,272

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2.5.3 Affected Population and Basic Economic Status

(1) Affected Population Affected population caused by the permanent collective-owned land acquisition

The requisitioned land was a waste brickfield and now is waste grassland. The land acquisition directly doesn’t affect persons, for there is no person to work or live on the land. ƒ Affected population caused by the temporarily occupied land

According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network, and main irrigated land. There will be temporary impacts on 11 villages in Zhao Village, 1,244 households with 5425 persons, the crop production in both growth seasons. It will also affect 2272 persons’ trips in 7 enterprises, the influence of which is minor. ƒ Loss of land and income

The permanent land acquisition: there are no farmers to work or live on the requisitioned land, so the loss of collective village and household does not exist.

The temporary land acquisition for pipeline network: According to the area of temporarily occupied land, the area of cultivated land in the affected villages and analysing of the average output value between 2003 to 2006, the per capita loss of incomes are all less than CNY 200, there are 6 villages which per capita loss of income is between CNY 100 and CNY 200, accounting for 54.5%; and in 5 villages (45.5%) the per capita loss of income is less than CNY 100. in all villages the per capita loss of income is less than CNY 200 except Dasitou village which is more than CNY 800. Refer to table 2-6 for affected information of the temporarily occupied land.

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Table 2-6 Affected Information of the Temporarily Occupied Land Before Land Acquisition The Temporarily Occupied Land Impacts Loss of Income (yuan) The Area of Area of Ratio of Affected Loss of The Per Loss of Household Population Cultivated Occupied Occupied Affected Population Annual Household Per Village (household) (person) Land (mu) Land (mu) Land Household (person) income income Loss Capita Xigande 526 2313 1850 16.62 0.90% 75 300 40,237.02 536.49 134.12 Xindianzi 569 2460 2795 14.91 0.53% 120 520 36,097.11 300.81 69.42 Huanggongcheng 693 2892 2135 14.63 0.69% 120 500 35,419.23 295.16 70.84 Hujiazuo 635 2688 2667 40.71 1.53% 120 520 98,558.91 821.32 189.54 Xinhe Village 355 1625 930 18.12 1.95% 60 260 43,868.52 731.14 168.73 Xinmin Village 552 2336 1929 16.67 0.86% 110 520 40,358.07 366.89 77.61 Beigongcheng 681 2870 2681 24.22 0.90% 130 540 58,636.62 451.05 108.59 Dasitou 495 2089 1753 8.52 0.49% 75 310 20,626.92 275.03 66.54 Dabaoziting 480 2025 1757 38.3 2.18% 150 700 92,724.30 618.16 132.46 Xiaobaoziting 136 595 610 7.44 1.22% 50 170 18,012.24 360.24 105.95 Xinxing Village 652 2892 1567 9.22 0.59% 148 680 22,321.62 150.82 32.83

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(2) Public opinion

In August 2006, the resettlement office and the resettlement plan team know affected villagers’ project awareness and their choice of resettlement mode though different ways, such as announcement posting, meeting, on-site interview and discussion. Villagers participated in the project and expressed their wills.

The investigation shows that most of villagers are familiar with the project, and ready for the land acquisition. The villages require cash compensation; all affected households has cleared that they can complain though legal ways to prevent their legal right from being invaded. See table 2-7.

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Table 2-7 Public Opinions Survey Results

Questions Answers 1 2 3 4 5 Households Population Ratio Population Ratio Population Ratio Population Ratio Population Ratio

(1)very familiar Are you (2)not very familiar with 10 0.91 1 0.09 familiar the project? (3)unfamiliar (1)support Do you support (2)disapprove 11 1 this project? (3)it doesn’t matter Who do you (1) state think will (2)Collective benefit (3)Individual 11 1 11 1 11 1 0 from the project? Are you (1)very satisfied satisfied with (2)just so so the present (3)unsatisfied 0 8 0.73 3 0.27 water (4)it doesn’t condition? matter How does water shortage (1)no (2)not or serious environmental 0 6 0.55 5 0.45 (3)serious pollution (4)very serous impact your life? (1)improve living environment (2)improve What benefit working do you think 11 environment 11 1 10 0.91 8 0.73 the project will (3)increase job bring you? opportunity (4)good for health (1)no disadvantage (2)impact What transportation disadvantage (3)the land do you think 11 1 acquisition will the project will reduce family give you? income (4)other disadvantageous impacts Do you know (1)Yes the policy of (2) some land (3)No 8 0.73 3 0.27 acquisition compensation? Do you know (1) Yes (2)No that you can complain when your legal rights 11 1 are invaded during the land acquisition?

2.5.4 Vulnerable Groups

In Dasitou Village there are 2 households with 6 persons in all who are in poverty caused by disease, and now they are enjoying the right of lowest life guarantee in Dingzhou (CNY10/month) and won’t be infected by the permanent land acquisition for WWTP.

2.5.5 Impacts on Women

There is no woman directly affected by the permanent land acquisition for Dingzhou City

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WWTP in Dasitou Village.

2.5.6 Infrastructures and Ground attachments

The project includes the construction of the WWTP and pipeline network. The permanently occupied land for WWTP is waste grassland now, where is no other ground appendix; the appendixes concern the temporarily occupied land for pipeline network as follows: 191 tombs, 700m communication cable, 5 vegetable greenhouses, 1,465 nonfruit large trees, 18,160 nonfruit small trees, 1,755 fruit trees. Refer to Table 2-8 for the affected infrastructures and ground attachments.

Table 2-8 Affected Infrastructures and Ground attachments Item Unit Number Tombs location 191 Communication cable meter 700 Vegetable Greenhouses house 5 Nonfruit large trees tree 1465 Nonfruit small trees tree 18160 Fruit trees tree 1755

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3 Legal Framework and Policies

3.1 Applicable Laws, Regulations & Policies for Resettlement

The resettlement policies of this project are mostly based on ASIAN DEVELOPMENT BANK (ADB)’s policies and relevant laws and regulations of the People’s Republic of China, including:

ADB Policies and Guidelines - Involuntary Resettlement, Asia Development Bank (ADB), Manila. 1995; - Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; - Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; - OM Section F2 —Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila,2006.

Laws and Regulations of PRC - Land Administration Law of the People’s Republic of China (effective as of 28 August, 2004) - State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) - Provisions of Public Hearings on Land and Resources (MLR, effective as of 1 May 2004) - Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Resources in 2004) (Ref. No.GTZF[2004]238) - Pre-examination Management Methods of Land for Construction Project (Document 27 in 2004, MLR) - Public Announcement Methods on Land Requisition (MLR, effective as of 1 Jan. 2002) - Regulations on Land Administration of Hebei Province (effective as of 27 May, 2005) - Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial peoples’ government) (JZ[2004]151)

3.2 ADB Policies

The three important elements of involuntary resettlement of ADB are: (i) compensation for lost assets and loss of livelihood and income: (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services: and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Some or all of these elements may be present in projects involving involuntary resettlement. For any project that requires involuntary resettlement, resettlement should be an integral part of project design and should be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:

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(i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (iii) Replacing what is lost. If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost. (iv) Each involuntary resettlement is conceived and executed as part of a development project or program. ADB and executing agencies or project sponsors, during project preparation, assess opportunities for rehabilitation measures, the affected people need to be provided with sufficient resources and opportunities to reestablish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works. (v) The affected people are to be fully informed and closely consulted. Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options. Grievance redress mechanisms for affected people are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning and implementation. (vi) Social and cultural institutions. Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. (vii) No formal title. Indigenous groups, ethnic minorities, pastoralists, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements. (viii) Confirmation of eligibility. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. (ix) The Poorest. Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and, other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socio-economic status. (x) The full resettlement costs are to be included in the presentation of project costs and

- D-12-16 - Dingzhou City WWTP Resettlement Plan benefits. This includes costs of compensation, relocation and rehabilitation, social preparation and livelihood programs as well as the incremental benefits over the without-project situation (which is included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly, resettlement plans should also reflect the timeframe for resettlement planning and implementation. (xi) Eligible costs of compensation. Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation.

3.3 China’s Laws, Regulations and Relevant Articles

In this subproject, Land Administration Law of the People’s Republic of China is the major legal basis. Relevant regulations and policies as presented in Section 3.1 of this chapter have also been enacted by the Ministry of Land and Resources and the Hebei Provincial Government. Refer to Table 3-1 for the main articles related with project resettlement policies.

State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) defines further the principles of compensation for land acquisition and resettlement, compensation standard, land acquisition procedures and monitoring system. Correspondingly, Ministry of Land and Resources issued Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Natural Resources in 2004) (Ref. No.GTZF[2004]238) and Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial people’s government) (JZ[2004]151) was issued by Hebei Province. These documents have become the basis for resettlement of this project and the main contents of the above-mentioned policies and their applications in the project are shown in Table 3-2.

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Table 3-1 Summary of Main Articles in Land Administration Law and Relevant Policies Items Main Contents Reference ♦ The People's Republic of China practises the socialist public ownership of land, namely ownership by the Article 2, Land Administration Land whole people and collective ownership by the laboring masses. Law of People’s Republic of Ownership The state practises the system of paid-for use for state-owned land in accordance with law. However, ♦ China appropriation of state-owned land use right by the state within the scope prescribed by law is excluded. ♦ Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; …… Article 43, Article 44, Land ♦ For occupation and use of land for construction involving turning agricultural land into land for construction, Administration Law of People’s formalities of examination and approval for turning agricultural land into other uses should be Republic of China Application for completed. …… Construction Land ♦ For occupation and use of land for construction, strategy of land transition in batch should be formulated by the city-level and county-level land administration departments in accordance with the annual land use plan. Article 36, Land Administration For those acquired cultivated land, strategy of cultivated land supplement should be formulated at the same Regulations of Hebei Province time, which will be sent to the above government for examination and approval step by step after it is agreed by the government at the same level. ♦ Requisition of the following land shall be subject to the approval of the State Council: (1)basic farmland; (2)cultivated land other than the basic farmland exceeding 35 hectares; and (3)other land exceeding 70 Article 45, Land Administration hectares. Law of People’s Republic of Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of ♦ China Purview of Land people's governments of the provinces, autonomous regions and municipalities directly under the Central Acquisition Government, and submitted to the State Council for the record. ♦ For occupation and use of land collectively owned by peasants, land acquisition strategy should be drawn out by the city-level and county-level land administration departments. When the strategy is approved by the Article 37, Land Administration government at the same level, it should be sent to the above people government for examination and Law of Hebei Province approval step by step. ♦ For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. …… ♦ Upon determination of the scheme for compensation and resettlement for land requisition, the local people's Announcement Article 46, Article 48, Article 49, government concerned should make an announcement and seek the views of the rural collective economic for Land Land Administration Law of organization and peasants of the requisitioned land. Acquisition People’s Republic of China ♦ The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision.

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Items Main Contents Reference ♦ For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. ♦ Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground attachments and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition. Subsidy for resettlement for the cultivated land requisitioned shall be calculated on Article 47, Land Administration the basis of the agricultural population that requires resettlement. The agricultural population that requires Law of People’s Republic of resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the China average per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the Compensation average annual output value in the three years prior to the requisition.…… Rate for Land Acquisition ♦ Compensation fee for the acquired cultivated land should be 6-10 times of the annual output value of the affected cultivated land in the previous three years.…… ♦ Resettlement subsidies should be 4-6 times of the annual output value of the affected cultivated land in previous three years. …… ♦ If land compensation fee and resettlement subsidies due to current laws and regulations are not enough to maintain their previous living standards, the subsidy for resettlement may be increased with the approval of Article 38, 39, 40, 41, Land the people’s governments of province. However, the sum of land compensation fee and resettlement Administration Regulations of subsidies should not exceed the following limit: 1) for the acquired cultivated land, compensation fee should Hebei Province not exceed 30 times of the annual output value of the affected cultivated land in the previous three years; …… ♦ Compensation for standing crops are calculated based on one crop season. Compensation rate for ground attachments should be determined by the municipality-level government which owns districts, and can be implemented after the approval of the provincial government. ♦ User of temporary use of the land should use the land according to the use agreed on in the contract for the Article 57, Land Administration temporary use of the land and shall not construct permanent constructions thereon. The duration of Law of People’s Republic of temporary use of land shall generally not exceed two years. China Temporary Use of Land ♦ Temporary use of the land should be approved by the concerned municipality-level and county-level land administration departments in accordance with relevant regulations. Article 56, Land Administration ♦ Temporary land use procedures should be transacted again when the time of the former temporary use of Regulations of Hebei Province land exceeds two years.

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Table 3-2 Ref. No.GF [2004]28, Ref. No.GTZF [2004]238, JZ [2004]151 and Their Application Policies in the Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Project •The people’s governments at and above the county level shall adopt effective measures to ensure that the persons affected by land acquisition don’t decrease their living standards because of land acquisiton. •Land compensation fee, subsidy for •RP will strictly •On the basis of comprehensive statistics, resettlement, compensation fee for ground implement the relevant each city should determine uniform annual attachments and young crops shall be paid policies of the State, output value of land acquired. Outside the legally, fully and timely. If land compensation Hebei Province and area of urban land using scope, the sum of fee and resettlement subsidies due to current Baoding Municipality. land compensation fee and resettlement laws and regulations are not enough to •AAOV for land subsidies can not be less than the 16 times of maintain their previous living standards ,or (1) To formulate the uniform acquisition shall be annual output value in local place. cannot pay social security fee for land-lossed average annual output value; based on the Article 12 the Cities shall hear opnions of farmers and farmer, the subsidy for resettlement may be (2) To identify the uniform regulations of Hebei measures for village economy organizations through increased with the approval of the people’s multiples of annual output province. land workshop, hearings and announcement governments of provinces, autonomous value; (3) to formulate the •The minimum acquisition according to land position and land demand. regions and municipalities.If the sum of land uniform comprehensive multiples for compensation On the baisis of this, the compensation rate of compensation fee and resettlement subsidies regional land price; (4) The acquisition of improvement land in urban construction land scope shall be reach to legal upper limit and are still not distribution of land cultivated land shall be determined. After apprval of governement of enough to maintain the previous living compensation fee. 16 times (inclu. Land province, it can be announced and standards, the local people’s government can compensation fee, implemented. subsidize them using the fee from paid-for resettlement •The compensation rate of land in urban state-owned land use. subsidies); construction land scope can not be less than •The uniform annual output value standard •All resettlement fees the 16 times of annual output value in local or comprehensive land price of each region will be included in total place. should be prepred and disclosed by the project cost. governemts of provinces, autonomous regions and municipalities, land compensation for the same land should be equal price. The land compensation fee of natioal key projects shall be included in the project budget. Article 13 •The people’s governments at and above the (1) Agricultural production •To work out implementation plan and •According to the the county level shall prepare specific measures resettlement; (2) gradually establish livining security system for willingness of the resettlement to gurantee the future life of land-lost Reemployment resettlement; APs. affected persons, - D-12-20 - Dingzhou City WWTP Resettlement Plan

Policies in the Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Project of land-lost farmers. (3) Sharing dividends •To gradually establish adjustment fund for monetary ompensation farmers •As to the project which has stable profit , the resettlement; and (4) land acquistion to pay land compensation, is adopted. farmers can buy shares through legally Migratory resettlement. resettlement subsidies, subsidy for baic living •During the approved construction land use rights. security and training fee for APs. construction period, •Within the area of urban planning, land-lost non-technical jobs will farmers shall be included in employment be given to the system and social security system shall be affected labors in established; (3) Outside the area of urban priority. planning, for rural collective land acquisiton, •Occupational training local government shall reserve necessary land will be offered to the for farmers or arrange jobs. For the farmers affected people. who have not consitions of production or living, they shall be resettled in other places. •Guiding opinions on employment training and social security system for land-lost farmers shall be proposed by labor and socia security departments as soon as possible. •During land acquisition, the ownership of (1) Conduct detailed collective land and entitlement of farmers’ land socio-economic survey contract shall be protected. and detailed •Before approval, the use, position, •Land examination and approval must be done measurement survey compensation rate, resettlement channel shall according to legal rights, conditions and (DMS), and be told to farmers. Survey results of land procedures. the survey results shall Article 14 acquisition shall be identified by village (1) To inform land •If the feasibility report or other related files be signed and land collective economy organizations or acquisition; (2) to identify do not definite construction in phases, it accepted by the acquisition households affected. Hearing shall be survey results of land shall apply agricultural land change and land affected households. procedure organized by departements of land and acquisition; (3) to organize acquisition once. (2) organize public improvement resources according to related regulations, if hearing on land acquisition. •If no opinions of APs on compensation rate participation and necessary. The identification of farmers should and resettlement channels or relevant hearing public hearings for be prepared as necessary materials for materials in application, land acquistion shall resettlement policies; approval. not be approved. (3) Distribute RP or •The coordination and arbitration mechanism Resettlement for resettlement issues shall be established to information booklet. protect legal rights of farmers and land users.

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Policies in the Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Project Except special situations, approved land acquisiton issues should be disclosed to the public. (1)Conduct internal and external •No land acquisition shall be made if without monitoring and ensuring compensation and resettlement. evaluation; (2) •The distribution methods of land Compensation fees are compensation fees shall be formulated by directly paid to the governments of provinces, autonomous (1) Disclose the land •Construction land approval license will not be affected village groups Article 15 regions and municipalities according to the approval issues; (2) Pay the given if land compensation fee is not paid or individuals (3) Strengthening principle of “The land compensation shall be land compensation fee and fully. Dingzhou City PMO land used mainly by the displaced households”. resettlement subsidies; and •Land and resources departments in all levels and land and acquisition •Village collective economy organizations (3) Supervision and shall strenghten to check and supervise and resources bureau supervision affected by land acquisition should disclose examination after the strike behaviors of illegal land approval and conduct supervision process the income, expenses and distribution of approval of land acquisition. land occupation. and examination; and land compensation fees and accept public (4) Utilization of supervision. Agricultural,cilvil administration resettlement fees shall departments shall supervise the distribution be audited by Audit and use of compensation in village economy Bureau of Dingzhou organization. City and each relevant county.

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3.4 Compensation Principles of this Project

The principles of compensation and entitlement for this project are decided according to the regulations and policies of Chinese government and the Asian Development Bank (ADB), which aim at ensuring the access of the APs to enough compensation and support, at least to ensure the restoration of their living standard prior to the project. Refer to Table 3-3 for the resettlement principles of the project.

Table 3-3 Resettlement Principles of the Project Principles 1 Involuntary resettlement should be avoided or minimized where feasible; Compensation and entitlements provided for the APs should be able to at least maintain, or improve their 2 “pre-project” standard of living; 3 No matter whether they have legal entitlements will All APs be compensated and assisted; Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or 4 through land replacement and other income-generating activities will provided for; All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income 5 restoration program, project timing, and will be involved in RP implementation; 6 No land acquisition will take place unless replacement land or sufficient compensation are given to APs; 7 The EA and independent/ third party will monitor compensation and resettlement operations; Vulnerable groups will receive special assistance or treatment to ensure then to better off. APs should have the 8 opportunities to benefit from the Project; 9 RP should be combined with overall county planning; 10 RP budget should be adequate and cover full aspects.

3.5 Compensation Eligibility Cut-off Date

BMG announced that the eligibility cut-off date is on 31st March, 2006. After the date, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected persons aimed at extra compensation will be excluded from the range of compensation and subsidy.

3.6 Definition of the Resettlement Rate

3.6.1 Collective-owned Land Acquisition

The resettlement rate of the project is decided on the basis of our survey and estimation as well as consultation with Dingzhou City Land and Resources Bureau and the affected households. The average annual output value of affected cultivated land (mainly corn output and wheat output) in previous three years is CNY 2,421/mu (refer to Table 3-4). The land compensation fee will be ten times of its annual output value. CNY 38,736/mu has decided by Dingzhou City Planning bureau, among which the resettlement subsidies will be six times of the annual output value, that is CNY 24,210/mu; The young crops compensation fee will be one time of the annual output value, that is CNY 14,526/mu; Refer to Table 3-5 for collective land acquisition compensation standard of the project.

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Table 3-4 Average Annual Output value of Affected Cultivated Land in Previous 3 Years Year State of Plant Output Value (CNY) 2003 Corns, Wheat and Vegetables 2234 2004 Corns, Wheat and Vegetables 2378 2005 Corns, Wheat and Vegetables 2651 The average annual 2421 output value in previous three years

Table 3-5 Collective Land Acquisition Compensation Standard of the Project Compensation multiple Resettlement Standard (CNY/mu) Annual Land Land Land Output Value Resettlement Total Resettlement Total Type Compensation Compensation (CNY) Subsidies Subsidies Fee Fee Waste 2421 10 6 16 24210 14526 38736 Grassland

3.6.2 Temporary Land Occupation Compensation

On account of the laying of the pipeline network and the construction of WWTP, it is required to temporarily occupy 214.36 mu collective-owned land which is irrigated land. The Resettlement Plan will not include temporary land occupation fee. The project will adversely affect the crop production in both growth seasons. Therefore, during the installation of piping networks, the construction agency shall provide affected villages with compensation proportional to the area of temporary land acquisition and the amount of affected crops. According to the actual conditions of agriculture production in Zhao County, it is decided that the compensation fee for young crops compensation fee is CNY 1500/mu and CNY 3335/mu for land reclamation.

3.6.3 Infrastructures and Ground attachments Compensation

Refer Table 3-6 for the affected infrastructures and ground attachments resettlement rate.

Table 3-6 Infrastructure and Ground attachments Resettlement Standard of the Project No. Item Unit Rate (CNY/unit) 1 Tombs no. 300 2 Communication cable m 80 3 Vegetable Greenhouses no. 8,000 4 Nonfruit large trees piece 50 5 Nonfruit small trees piece 30 6 Fruit trees piece 30 3.6.4 Other Compensation standard

Refer to Table 3-7 for other compensation rate of the project.

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Table 3-7 Other Compensation Standard of the Project No. Item Standard Basis Recipient Implementation Regulation of Cultivated Land Land 1 3335 CNY/mu Land and Resources Bureau Reclamation Fee Administration Law for Hebei Province Land Acquisition 2 Administration 3% of the total land acquisition budget Land and Resources Bureau Fee Reconnaissance, 3 Design and 4% of the total land acquisition budget Design Institutes Research Fee Implementation 4 Management 5% of the total land acquisition budget Implementation Agency Fee Technical 5 4% of the total land acquisition budget Implementation Agency Training Fee External 6 Monitoring and 1% of the total land acquisition budget Monitoring and Evaluation Agency Evaluation Fee 12.9% of the total sum of land acquisition cost, design cost, 7 Contingencies Implementation Agency implementation management fee, training cost and monitoring cost

- D-12-25 - Dingzhou City WWTP Resettlement Plan

3.7 Entitlement Matrix

The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 3-8.

Table 3-8 Entitlement Matrix Entitled compensation policy and Type of Loss Impact Degree Entitlements Persons rate 1. The village as a whole will receive the compensation fee from reserved collective-owned land acquisition and resettlement which will be particularly used in the construction of infrastructures, industrial development, farmers’ income increasing and All of the 75mu permanently requisitioned Land acquisition : vulnerable groups support. Permanent Acquisition of Collective collective land is waste grassland, where Village CNY24210/mu, 2. In the process of the construction, laborers in Land in this Project nobody works or lives. Collective Resettlement subsidies: the affected households will be given the priority CNY14526/mu for taking part in the construction, working at the non-technical posts. When the project is completed, they will be granted with two to three temporary posts in the WWTP. 4. The Project management office (PMO) will provide a special fund for technical training. The standard of young Temporarily occupied land for pipeline network Affected crops compensation fee is and the WWTP will involve 11 villages of Zhao The affected villagers will receive young crops households in CNY1,500/mu, and township, amounts to 214.36mu, and all of the compensation fee and land reclamation fee. 11 villages CNY3,335/mu for land land is irrigated Temporary Land Occupation reclamation fee. The temporary land occupation affects 1224 If the construction period exceeds 2 weeks, the construction unit will pay the Affected HHs households with 5425 persons and 7 enterprises and enterprises affected households or enterprises CNY100/day. with 2272 employees Low-income 2 households Enjoying lowest life guarantee and extra No direct impacts . Vulnerable groups family with 6 persons subsidiary from village collective The minority No / / / Women No direct impact All women in 1. Women will be given employment priority. /

- D-12-26 - Dingzhou City WWTP Resettlement Plan

Entitled compensation policy and Type of Loss Impact Degree Entitlements Persons rate villages 2. Women will have the priority in the free technical training. 3. Women will be assured of their access to the relevant information and the consultation of the resettlement. Resettlement of Enterprises and / / / / houses Cultural relics No impact / / / Tombs :CNY300 each, There is no ground appendix on permanently Communication cable : occupied land; the appendixes concern the CNY 80/m , Vegetable temporarily occupied land for pipeline network Infrastructures and the Ground Greenhouses:CNY 8,000 as follows: 191 tombs, 700m communication proprietor compensation at replacement costs attachments each,Nonfruit large trees: cable, 5 vegetable greenhouses, 1465 nonfruit large trees, 18160 nonfruit small CNY 50 each , Nonfruit trees, 1755 fruit trees small trees:CNY 30 each, Fruit trees:CNY 30 each。

- D-12-27 - Dingzhou City WWTP Resettlement Plan

4 Resettlement Measures

4.1 Objectives of Resettlement

The objectives of the Resettlement Plan are to prepare an action plan of resettlement and restoration for the affected persons so as to ensure that they will benefit from the project and their living standard will be improved or at least will be restored after the project is completed.

The impacts of this project only involve that of the permanent acquisition and temporary occupation of collective land. Although its impacts are not immense, in order to achieve the above objectives, we will still take a series of measures to make sure the affected persons will benefit from the project.

4.2 Restoration Measures of the Permanently Requisitioned Collective Land

4.2.1 Cash Compensation

In this project, the permanent requisitioned land is collective-owned waste grassland, there is no household to farm or live there, so no directly impacted household. After the negotiation between the village committee and villagers, they decided that the village as a whole will receive the compensation fee from reserved collective-owned land acquisition and resettlement subsidies which will be particularly used in the construction of infrastructures, industrial restructuring, farmers’ income increasing and vulnerable groups support. It is estimated that the affected villages will receive CNY 1,815,750 for the compensation fee of occupied land, CNY 1,089,450 for resettlement subsidies, accounting to CNY 2,902,200 in all. Refer to Table 4-1 for the compensations for village group & persons affected by the land acquisition.

Table 4-1 Compensations for Village Group & Persons Affected by Land Acquisition Irrigated Land Recipient (village group Total & affected persons) Amount Land compensation Resettlement (CNY10,000) (mu) fee(CNY10,000) subsidies(CNY10,000) Dasitou Village 75 181.575 108.945 290.52

Compensation fee reserved by village group will be used as following aspects which discussed in village meeting: i) Infrastructure construction; ii) Mainly used in road construction, water supply facilities reconstruction and so on; iii) The construction of vegetable wholesale market and purchase contact center; and, iv) Support to vulnerable groups.

The village group will provide special help and arrangement to poor households caused by disease, disability, non labor, the old widowed and imbecile, such as endowment insurance and lowest living guarantee, or work priority according to their competence. Low-income families will be improved the welfare; women will be supported as

- D-12-28 - Dingzhou City WWTP Resettlement Plan microfinance and technical training. ƒ Support to households’ production operations

The compensation fee for village group will be used to non-agricultural production operations, such as supporting villagers’ work migration, transportation and small merchandise business etc. The poor households will be helped to carve out, and stable means of living; the business households will be helped to enlarge the business and family sideline production. ƒ Vegetables planting

In this village there are many households who has engaged in vegetable planting for a long time with rich experiences; and the village located in outskirts with convenient traffic, so the development of vegetable planting will increase farmers’ incomes and will have a broad prospect. ƒ Work in industrial park

The village is adjacent to Hebei chang’an industrial park, it will be available to arrange villagers working there as temporary workers. Villagers annual income will be increased which is benefited from new opportunities.

4.2.2 APs Training

In order to ensure that the APs who are affected by temporary land occupation will change their traditional employment idea, set up correct sense of career and master necessary working skills, Dingzhou City WWTP will arrange a special fund for training for APs who need training. The training will be carried out by Dingzhou City WWTP together with the local ministry of labor security. It includes pre-employment training and professional skill training. The pre-employment training mainly consists of lectures on the state employment situation, employment policy, laborer rights and interests safeguard and professional moral. The professional skill training will be held flexibly according to the post requirements. It consists mainly of non-agricultural technical training such as vegetable planting, catering service and household side occupation and so on. Refer to Table 4-2 for the training plan.

Table 4-2 Technical Training Plan for APs Funds Number of Time Trainee Training Contents Arrangement Participants (CNY) the affected 2007.09 50 pre-employment training 50,630 households the affected 2007.11 50 professional skill training 60,000 households

4.2.3 Project Employment

It is needed about 83,000 labor-time to finish this project, Except the fixed workers and

- D-12-29 - Dingzhou City WWTP Resettlement Plan professional staff, during the implementation there will be about 150 non-technical posted created, the construction will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. Laborers in Dasitou Village will enjoy the priority of taking part in the construction, working at the non-technical posts so as to increase their income and improve their living standard.

When the project is finished, there will be vacancies in the plant. Under equal conditions, the households affected by the land acquisition will enjoy the priority of obtaining working chances. After consultation with Dingzhou City WWTP, they have agreed that when the plant is built, they will recruit from the affected households for temporary workers who will be responsible for the afforestation protection, tidiness and security for the plant.

4.3 Women’s Rights

In the plan and preparation stage of the Resettlement Plan, the investigation group organized the women villagers to actively take part in the investigation of the project impacts and acquired them of their thoughts about the income restoration program. They were approval of the project, thinking that the construction of the WWTP is good for improving the environment, that the land acquisition doesn’t have much impacts on their life. They wish to get chance to technical training such as vegetable planting, catering service and household side occupation and so on.

In the light of these women’s will, the implementation process will ensure that 50 women will get non-technical jobs. The affected women will be given priority in the technical training so that their economic status will not be impaired. Altogether the training person-time will be 100, in which women laborers should not be less than 60 person-times (60%). Refer to table 4-3 for content of women training.

Table 4-3 Content of Women Training Time Content of Training Person-time Participants 2007.12 Housekeeping Service(nurse, hotel waitress and restaurant attendant) 10 Women in Dasitou Village 2007.12 The knowledge of female health 15 Women in Dasitou Village 2008.1 The knowledge of family education 15 Women in Dasitou Village 2008.1 Women's political participation 10 Women in Dasitou Village 2008.2 Production skills: sewing, marketing, family aquiculture, vegetable planting ect. 10 Women in Dasitou Village

4.4 Restoration of Temporarily Occupied Land

According to the temporary land occupation plan of this project, the temporary land occupation refers mainly to the temporary land occupation of land excavated for the construction of pipeline network and the WWTP. The temporarily occupied collective-owned land amounts to 214.36 mu. After the compensation by the project unit to the proprietorship unit, the proprietorship unit will take charge of the reconstruction of the affected infrastructures and ground attachments. The project will - D-12-30 - Dingzhou City WWTP Resettlement Plan adversely affect the crop production in both growth seasons. Therefore, during the installation of piping networks, the construction agency shall provide affected villages with compensation proportional to the area of temporary land acquisition and the amount of affected crops. It is decided that the compensation fee for young crops is CNY 1500/mu and CNY 3335/mu for land reclamation.

4.5 Restoration of Infrastructures and Ground attachments

After the compensation by the project unit to the proprietorship unit, the proprietorship unit will take charge of the reconstruction of the affected infrastructures and ground attachments.

Concerning the restoration of the demolished facilities, arrangements should be made in advance. In the implementation process, measures taken should suit local conditions. Safety, efficiency, timeliness and accuracy should be achieved and harmful impacts on the people around should be avoided as much as possible.

As for the affected trees, Dingzhou City WWTP will compensate directly to the affected persons by cash.

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5 Institutional Framework

5.1 Institution Establishment

In July, 2006, Dingzhou City government set up a project leading group to prepare for the project and coordinate the implementation process. The vice county head assumed the position of group leader. The group consists of leaders from Planning Bureau, Land and Resources Bureau, Construction Bureau, Financial Bureau and Environment Protect Agency, Municipal Corporation and Zhao County government, Its subordinate is Dingzhou City WWTP Project Management Office (PMO). This office is mainly in charge of the project preparation, organizing and coordinating, implementation and management, and so on. The members of this team are from different functional departments and government at different levels so as to ensure the successful implementation of the land acquisition and resettlement and the achievement of the planned results, and other members also have rich management experiences of urban construction. The address of resettlement office about Dingzhou City WWTP is at Planning Bureau. During the implementation the institutions which will prepare, manage, implement and monitor the resettlement about Dingzhou City WWTP are as follows (See Figure 5-1):

Refer to Figure 5-1 for the institutional framework of Resettlement Plan.

ƒ Baoding PMO ƒ Dingzhou City PMO ƒ Dingzhou Planning Bureau ƒ Dingzhou City WWTP ƒ Township government, Villages, village Groups and APs ƒ External monitoring and evaluating institution

Baoding PMO (4 persons)

Dingzhou City PMO (2 persons) Dingzhou City External Monitoring Planning Bureau Institution Dingzhou City WWTP(2 persons)

Affected Towns,Villages, Village Groups and APs

Figure 5-1 Institutional Framework Figure for RP

5.2 Staff Arrangement and Training Plan

- D-12-32 - Dingzhou City WWTP Resettlement Plan

5.2.1 Staff Arrangement

In order to guarantee the successful implementation of the Resettlement Plan, resettlement institutions on every level have arranged special staff to form an unimpeded information communication channel. Refer to Table 5-1 for the staff arrangement in resettlement institutions involved in the project. It is important to arrange special staff for the preparation and implementation of resettlement.

Table 5-1 Staff Arrangement in Resettlement Institutions Involved in the Project Institution Name Staff Arrangement (No.) Staff Identity Baoding PMO 4 civil servant Dingzhou City PMO 2 civil servant Dingzhou City Planning Department 4 technician and Dingzhou City WWTP Town, Village, Village Group and APs 4~6 cadre and representative of APs External Monitoring Institution 4 resettlement expert

5.2.2 Training Plan

In the implementation process of the Resettlement Plan, it is planned to organize the key members engaged in the Resettlement Plan to study and visit domestic ADB projects and participate in resettlement policy and implementation training as well as other special training. This training will be organized by ADB Office in Baoding. Refer to Table 5-2 for the training plan.

Table 5-2 Resettlement Staff Training Plan Cost Estimate(10 No. Training Content Trainee Time Place thousand) Studying Domestic key members in the Inside 1 ADB Resettlement 2007.09 5.5 resettlement office China Project Resettlement 2 resettlement staff 2007.10 Baoding 2.5 Implementation Training

5.3 Enhancement Measures for Resettlement Institutions

In order to ensure the successful implementation of the resettlement, it is necessary to strengthen the executive capacity building of each institution. Measures to be taken are as follows:

1) Fund and facilities are sufficiently guaranteed, the concerned institutions are equipped with telephones, fax machines and computers, etc. 2) Establish land acquisition and resettlement management information system, use computer to process the data of land acquisition and resettlement, enhance the information feedback and guarantee an unimpeded communication of information up and down. 3) Improve the reporting system, strengthen the internal monitoring and solve

- D-12-33 - Dingzhou City WWTP Resettlement Plan

problems found in time. 4) Improve the external monitoring and evaluation mechanism, set up early warning system. The external monitoring and evaluation institution should propose in time suggestions and solutions to the existing problems to the resettlement implementation unit.

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6 Public Participation and Grievance Redress

6.1 Public Participation

According to policies and regulations of ADB, China and Hebei Province on land acquisition and resettlement, it is necessary to carry out public participation in the project preparation and implementation period in order to well adopt the proposals and suggestions of the APs, to further work out policies and detailed regulations concerned with land acquisition and resettlement, to prepare a good resettlement plan , to effectively organize the implementation, to protect the legal rights of the APs, to reduce their complaints and achieve the resettlement objectives.

6.1.1 Public Participation in the Project Preparation Period

Since August, 2006, under the guide of the technical consultants, Dingzhou City Project Management Office (PMO), Dingzhou City Planning Bureau and Dingzhou municipal corporation have carried out a series of socioeconomic investigations and public consultations in which 30% of the participants are women. During the period of the project preparation, Institute of Urban Designing & Research, Project Management Office (PMO) and Municipal corporation have carried out wide consultation on land acquisition and resettlement of this project. Refer to Table 6-1 for public participation during the period of project preparation.

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Table 6-1 Public Participation during the Period of Project Preparation Number Department Date Participants of Aim Major Advice or Contents People Planning — Introduce the bureau, the affected Preliminary background and aim of the Municipal persons, investigation of project corporation July, 2006 village cadres 10 project feasibility, — project site selection and Zhao and field survey and should avoid cultivated land county technicians project impacts acquisition as much as Township possible Government — assist the project impacts investigation Planning RP preparation, — The village Bureau, concerned investigation of representatives strongly Zhao August,2006~Septemper, government resettlement 15 expressed the necessity of County 2006 and village impacts and the project township representatives socioeconomic — socioeconomic government situation investigation and affected households investigation Planning Bureau, concerned — Discuss the prepare for income Zhao August,2006~Septemper, government compensation scheme and 14 restoration County 2006 and village the income restoration program township representatives scheme government Planning Bureau, — Announce the the affected announce the Zhao resettlement rate and December,2006 persons and resettlement County grievance redress channel, village group information booklet township etc. government the ADB announce the draft March, 2007 Website RP

6.1.2 Participation Plan in the Period of Implementation

In the process of implementation of the Resettlement Plan, Dingzhou City Project Management Office (PMO) will carry out more public participation. Refer to Table 6-2 for the schedule of public participation.

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Table 6-2 Project Public Participation Plan Aim Means Time Department Participants Topic village Dingzhou City announce the notice PMO, Planning requisitioned land area, Land Acquisition board and 2007.09 Bureau, town and All APs resettlement rate and Announcement villager village cadres resettlement means meeting Announcement of land village Dingzhou City Acquisition notice PMO, Planning Compensation fee and Compensation and board and 2007.09 All APs Bureau, town and disbursement mode Resettlement Scheme villager village cadres meeting Dingzhou City Recheck of Physical PMO, Planning Check and remedy, field survey 2007.09 All APs Index Bureau, town and identify the final result village cadres Dingzhou City Discuss the scheme of Work out Income Villager PMO, Planning income restoration and 2007.10 all APs restoration plan meeting Bureau, town and use of compensation village cadres funds Dingzhou City Inform compensation Villager PMO, Planning Inform compensation fee fee and the date to 2007.10 all APs meeting Bureau, town and and the date to disburse. disburse. village cadres Dingzhou City To know the PMO, Planning Monitor to all APs Family visit 2008.01 Samples implementation of RP, the Bureau, town and income retoration of APs village cadres

6.2 Grievance Redress

Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows:

- Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to Dingzhou City WWTP in oral or in written form. If an oral appeal is made, Dingzhou City WWTP must record it on paper and respond to it. The above appeal is to be handled in no more than two weeks. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Dingzhou City Project Management Office (PMO) or the Planning Bureau, after receiving the decision, Dingzhou City Project Management Office (PMO) or the Planning Bureau will reach a solution in no more than two weeks. - Stage 3: If the AP is still dissatisfied with the decision made by Dingzhou City Project Management Office (PMO) or the Planning Bureau, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration.

- D-12-37 - Dingzhou City WWTP Resettlement Plan

- Stage 4: if the AP is still dissatisfied with the arbitration result, he/she can appeal to the civil court according to civil litigation law after receiving the final arbitration solution.

All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occurred thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems. The telegraph number of resettlement office is 0312-7907286.

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7 Resettlement Cost Estimate

7.1 Resettlement Cost Estimate

The cost estimate of this project includes the land acquisition and resettlement cost, amounting to CNY 6,276,340. Resettlement cost is covered in project cost budget, and will be paid by implementation Agenc-resettlement Office. Refer to table 7-1 for Resettlement Compensation Cost Estimate of Dingzhou City WWTP

7.2 Resettlement Investment Plan and Budgetary Resources All the resettlement cost come from the local counterpart funds and self-financing. In order not to impair the land-lost farmers’ production and living conditions, the investment plan is to be carried out in phases during the pre-construction and the process of construction of the Dingzhou City WWTP. Refer to Table 7-2 for the overall schedule.

Table 7-1 Resettlement Investment Plan of Dingzhou City WWTP Fiscal year 2007 2008 Total Investment(CNY, *10,000 ) 470.7225 156.909 627.634 Ratio 75% 25% 100%

7.3 Resettlement Fund Management and Disbursement

- All the fees concerning the land acquisition and resettlement will be taken into the consideration the project total cost, should be paid to the concerned unit or individual by PMO though resettlement office. - All the land compensation fee should be paid to administrative village though bank by resettlement office, - For the smooth implementation of land acquisition and resettlement, financial and supervisory institutions of all levels should be established to make sure all the funds can be disbursed in due time. - The IAs, resettlement office and financial institution village committee will be responsible for the land compensation fee. The resettlement fund will be disbursed from upper level to lower level, all levels should conduct financial settlement and audit system, and regularly check and report the situation of appropriation and usage of the fund, also bring forward remark measures if accidents occur to ensure the fund can be disbursed and used on time in plan. - Ensure funds for its special propose prohibits interception or misappropriation of the special money by any intermediate entity.

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Table 7-2 Resettlement Compensation Cost Estimate of Dingzhou City WWTP Village1 Contracted Land by Farmers Total Resettlement No. Project Unit Investment(CNY, Investment(CNY, (CNY, Ratio Rate(CNY/Unit) Quantity Quantity Quantity *10,000 ) *10,000 ) *10,000 ) Permanent Collective Land 1 mu Acquisition 1.1 Irrigated Land mu 38736 75 290.52 75 290.52 46.29% Land Compensation Fee mu 24210 75 181.575 75 181.575 28.93% Resettlement Subsidies mu 14526 75 108.945 75 108.945 17.36% Temporary Land 2 mu 1500 214.36 103.64306 214.36 103.643 16.51% Occupation Irrigated Land mu 1500 214.36 32.154 214.36 32.154 5.12% Land Reclamation Fee 3335 214.36 71.48906 214.36 71.489 11.39% 3 Ground attachments 11.33 71.07 82.4 13.13% Tomb location 300 191 5.73 191 5.73 0.91% Communication Cable meter 80 700 5.6 700 5.6 0.89% Vegetable Greenhouse location 8000 0 5 4 5 4 0.64% Mature Non-fruit Tree tree 0 1465 7.325 1465 7.325 1.17% (diameter>15cm) 50 Small Non-fruit Tree tree 0 18160 54.48 18160 54.48 8.68% (diameter<15cm) 30 Pumping Well pole 0 0 0 0 0 0.00% Fruit Tree tree 30 0 1755 5.265 1755 5.265 0.84% Item 1~3 / 301.85 174.71306 476.563 75.93% Land Acquisition CNY, 3% of the total land 4 301.85 9.056 174.71306 5.241 476.56306 14.297 2.28% Administration Fee *10,000 acquisition budget Reconnaissance, Design CNY, 4%of the total land 5 301.85 12.074 174.71306 6.989 476.56306 19.063 3.04% and Research Fee *10,000 acquisition budget Implementation CNY, 5%of the total land 6 301.85 15.093 174.71306 8.736 476.56306 23.828 3.80% Management Fee 2 *10,000 acquisition budget 7 Technical Training Fee CNY, 4%of the total land 301.85 12.074 174.71306 6.989 476.56306 19.063 3.04%

1 Fund for vulnerable groups support is covered in the village group’s income 2 Which includes the Internal Monitoring and Evaluation Fee - D-12-40 - Dingzhou City WWTP Resettlement Plan

Village1 Contracted Land by Farmers Total Resettlement No. Project Unit Investment(CNY, Investment(CNY, (CNY, Ratio Rate(CNY/Unit) Quantity Quantity Quantity *10,000 ) *10,000 ) *10,000 ) *10,000 acquisition budget Affected Persons Training CNY, 7.1 11.063 Fee *10,000 Resettlement Staff CNY, 7.2 8.00 Training Fee *10,000 External Monitoring and CNY, 1%of the total land 8 301.85 3.0185 174.71 1.75 476.56 4.77 0.76% Evaluation Fee *10,000 acquisition budget CNY, 12.9% of item1~3 9 Contingencies 344.1095 44.38 199.17 25.68 557.58 70.06 11.16% *10,000 and5~8 Item 4~9 95.69 55.387 151.08 24.07% Item 1~-9 397.54 230.10 627.64 100.00% Ratio 63.34% 36.66% 1.00

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8 Resettlement Implementation Plan

8.1 Principles of Resettlement Implementation

According to the plan of the project implementation of Dingzhou City WWTP, this project will begin in February, 2008, and will be finished by October, 2008.To connect the plan of resettlement implementation progress with that of project construction, the land acquisition will finish in December, 2007. The basic principles for resettlement implementation plan are as follows:

- The land acquisition must be finished at least one month prior to the start of project construction; the actual date should be decided by the implementation process of land acquisition and resettlement. - Those affected persons should have the opportunity to participate in the project during the process of resettlement. Before the start of the project construction, the area of land acquisition should be made known to the public, the resettlement information booklet should be issued, and that the public can participate in the related work should be ensured. - All kinds of compensation should be paid directly and fully to the property owner within three months after the approval of land acquisition compensation and resettlement plan. No unit or individual can use the compensation fee on behalf of the property owner. And there should be no discount for the compensation, whatever the reason is.

8.2 Timetable for Resettlement Implementation

The plan for the general resettlement implementation progress of this project is worked out according to the land acquisition implementation progress in the project construction of Dingzhou City WWTP. There may be appropriate modification of the exact implementation time due to the deviation of the project general progress. Refer to Table 8-1 for the resettlement implementation time.

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Talbe 8-1 Resettlement Implementation Schedule and Supervision Milestone Resettlement Tasks Target Responsible Agency Deadline Status 1. Disclosure

1.1 - Information booklet 1 village Dingzhou City WWTP 2006.12 Completed

1.2 - Approved RP 1 village Dingzhou City WWTP 2006.12 Completed

1.3 - RPs posted on ADB website 1 RP ADB 2007.03 Completed 2. Approval

2.1 Approval of RP and budget Baoding Municipal Government 2007.06 Completed

2.2 Approval of land use plan Hebei Provincial LRB 2007.08 2.3 Approval of land acquisition Hebei Provincial LRB 2008.01 3. Agreements

3.1 - Compensation rates 1 village Dingzhou City WWTP/PLG 2007.10

4. Detailed Measurement Survey Recheck Dingzhou City WWTP/ LRB 2007.09

5. Detailed Plans

5.1 - Village rehabilitation plans 1 village Dingzhou City WWTP 2007.10

100 person-times for 5.2 - Training Plans for APs Dingzhou City WWTP 2007.09-2007.11 50 APs

6. Establishment of Implementation Capacity PLG/Dingzhou City WWTP/PMO/Others 2007.09-2007.10

7. Monitoring and Supervision

7.1 - Baseline survey 10 AFs Dingzhou City WWTP/IMA 2007.09

7.2 - Set-up internal supervision As per RP Baoding PMO 2007.08 7.3 - Hiring external monitor Baoding PMO 2007.08 7.4 - Internal monitoring reports Quarterly Baoding PMO 2008.03 7.5 - External monitoring reports Semiannual IMA 2008.03

7.6 - Resettlement Completion Reports 2 reports Baoding PMO and IMA 2009.03,2010.03

8. Documentation of Consultation Dingzhou City WWTP 2010.03

9. Documentation of Grievances Anxin Water Conservancy Burea 2010.03

10. Compensation Payments 10.1 - To affected village 100% of funds Dingzhou City WWTP 2007.10-2007.11

10.2 - To affected families “ “ “ Dingzhou City WWTP 2007.10-2007.11

11 Civil works commence Dingzhou City WWTP 2008.02

Note: AFs - Affected Families; DIs - Design Institutes; IAs – Implementation Agencies; IMA - Independent Monitoring Agency; LRB - Land and Resource Bureau; PLG - Project Leading Group; PMO - Project Management Office; VC - Village Committee.

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9 Monitoring and Evaluation

In order to ensure the successful implementation of the resettlement plan, to realize the goal of proper resettlement, the regular monitoring, including both the internal monitoring within resettlement institutions and the external monitoring, and the regular evaluation will be carried out in the implementation of land acquisition and resettlement, according to the requirements of Resettlement Policy of Asian Development Bank.

9.1 Internal Monitoring

The internal monitoring agencies of resettlement include Baoding Project Management Office, Dingzhou City Project Management Office, Dingzhou City Planning Bureau and Dingzhou City WWTP,who will provide a detailed internal monitoring plan for the land acquisition and resettlement. The monitoring content includes:

1) investigation, coordination and suggestions for the major problems in both the resettlement institutions and the Implementing Agencies in the implementation of resettlement; 2) income restoration situation of the households after land acquisition; 3) disbursement, use of the resettlement compensation fee; 4) the participation and consultation of affected households during the implementation; 5) the resettlement training and its impacts; 6) the establishment of the resettlement implementation management organizations for this project, the training of the resettlement implementation staff and their work efficiency.

Baoding Project Management Office will submit an internal monitoring report to Asian Development Bank every three months. The statistics in the past three months have to be shown with charts in the report and can reflect the progress by comparing the planed items with the planned ones on land acquisition, resettlement as well as the use of compensation. Refer to Table 9-1 and Table 9-2 for the format.

Table 9-1 Progress Report on Land Acquisition and Resettlement

County ______Town ______Date: ____/____/______(d/m/y)

Planned Completed Items Unit Sum % Completion Qty. Qty. Permanent Land mu Acquisition Temporary Land mu Occupation Land Compensation fee CNY10,000

APs Receiving Training Persons

Job Provision Persons

Land Readjustment mu Prepared by: Signature (In-charge): Seal:

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Table 9-2 Executive Progress on Funds Utilization

County ______Town ______Cut-off date: ____/____/______(d/m/y) Date: ____/____/______(d/m/y)

Investment Compensation Affected Description Compensation Ratio of Unit/Qty. Required Received Units 3 Adjusted Compensation (CNY) (CNY)

Village 1 Village 2 Collective Relocated Households

Unit Prepared by: Signature (In-charge): Seal:

9.2 External Monitoring

According to the requirements of Asian Development Bank policy, Baoding Project Management Office will invite qualified, independent and experienced resettlement agency to be the independent resettlement monitoring agency.

The external monitoring and evaluation agency will make regular follow-up monitoring and evaluation of the resettlement implementation, monitor the progress, quality and fund of resettlement, and give advice. These agencies will also make follow-up monitoring of production and living standards of resettlement, and submit independent monitoring and evaluation report to Asian Development Bank. The outline of the external monitoring and evaluation is contained in Appendix 2.

(1) Baseline survey: the external monitoring agency will make baseline investigation in the affected Villages to get the basic data of the production and living standards (production, living and income standard) of the affected households. The Investigation of production and living standards is to be carried out twice a year so as to track the change of these standards. Certain methods will be adopted to get necessary relevant data which provide the basis for statistical analysis, and further for evaluation. Such methods can be the follow-up investigation of the typical samples (sampling scale: this project will not affected individually contracted land, so the sampled households are 10 households), casual interview and field observation, etc.

(2) Regular monitoring and evaluation: the external monitoring agency will make regular follow-up monitoring twice a year during the implementation of resettlement plan. The following activities will be monitored through field observation, follow-up investigation of sample households and casual interviews with affected persons: the payment and amount of compensation, new livelihood and jobs, the production and living standards of the affected persons, resettlement institutional framework, etc.

The BPMO will submit an internal monitoring report to ADB each quarter, as part of the Project Progress reports. The external monitoring and evaluation agency will submit resettlement monitoring reports to the ADB and BPMO every six months and annual

3 “Description” refers to the construction of village road (Qty.), labor training and employment, subsidies to vulnerable groups etc. - D-12-45 - Dingzhou City WWTP Resettlement Plan evaluation reports as well within 2 years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website. Refer to Table 9-3 the detailed arrangement for report submission.

Table 9-3 Schedule for Resettlement Monitoring and Evaluation No. Monitoring report Date 1 Socio- economic baseline survey September, 2007 2 The 1st Monitoring Report March, 2008 3 The 1st Annual Evaluation report March, 2009 4 The 1st Annual Evaluation report March, 2010

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Appendix 1 Interview Summary

Date: 16 August 2006 Place: Government building of Zhao County, Dingzhou City Participant: members of resettlement plan workgroup, Director Chen and section chief Liu of Planning Bureau, Deputy Township head Jia and township head Wang of Zhao County

Meeting content:

(1) Director Chen introduced the cadres of Planning Bureau and members of resettlement plan workgroup to village cadres.

(2) Director Chen of Planning Bureau introduced that:

The basic status of this project: the construction of the WWTP is for the Environmental Management and Protection of Baiyangdian Lake, and also for the development planning of Dingzhou City. The 75mu permanently occupied land is at the north of Dianchang Road, Dasitou Village. Today the resettlement specialists come here to survey the support to Dasitou Village and households concerned from County.

(3) Head Wang briefly introduced the basic information of social economy in the county. Zhao County governs 25 villages. In the end of 2005, the population is amount to more than 50,000 in this County, among which more than 30,000 is rural labor forces and 13,000 is female; the total area of cultivated land is 49,300mu, the total output value of farming, forestry, animals husbandry and fishery is 212.5497 million, the output value of industry is 166.03 million; the annual per capita net income is CNY 2,888.

(4) Members of resettlement plan workgroup surveyed that: - the support for vulnerable group in village: so far in Zhao Village has prepared the flow plan of the support for vulnerable group. - the advices for Dasitou Village restoration in County.

(5) Conclusion: - the construction of WWTP will be significance to Eco-environment conservation in local area, and also great importance in social and economic benefit, such as improving investment environment and quality of life etc.. The project will be supported in the County. - It should deal with resettlement problem in land acquisition so as to avoid problems left over, and ensure the smooth implementation of WWTP. - Take advantage of the convenient location, rich experience of vegetable planting and so on, it will develop the vegetable production basis, and strengthen livestock breeding to supply more meat, egg and milk to urban area, enhance the villagers training, increase the employment opportunities in Hebei Chang’an industrial park, encourage the villagers to work in urban area or do business of small commodities. - Support the vulnerable group. Conditions: the cause of poverty from disease, disability, and the average personal monthly household income is less than CNY 130. Method: after approval of Civil Administrative Bureau, low-income families will be registered and receive CNY 130/month in proportion. Disbursement process: it will be disbursed to civil administration office in village, and then grant minimum guarantee allowance on time. - The compensation for permanently and temporarily occupied land should be paid timely and

- D-12-47 - Dingzhou City WWTP Resettlement Plan

Appendix 2 Outline of External Monitoring

A Purpose of Resettlement Monitoring and Evaluation

According to the requirements of Resettlement Policy of Asian Development Bank, external monitoring and evaluation will be conducted during Dingzhou City WWTP resettlement implementation. The follow-up evaluation will be conducted during the land acquisition and resettlement through checking the progress, fund and management of land acquisition and resettlement and through analyzing and comparing the changes and restoration of production and living standards of those affected persons. Apart from the regular submission of report to Asian Development Bank, Baoding project Management Office and concerned department (twice a year in the resettlement implementation), information and advice are also provided for every department to make decision as a reference. Through the external monitoring and evaluation, Asian Development Bank and departments in charge of the program get sufficient information about whether the land acquisition and resettlement are implemented in time and up to the requirements. Moreover, problems are pointed out and suggestions for the work improvement are given.

B The Main Content of Resettlement Monitoring and Evaluation

(1) The monitoring and evaluation of land acquisition and relocation implementation progress. - Including: ①the progress and compensation of permanent and temporary Land acquisition progress; ② the progress and quality of resettlement implementation.

(2) Restoration of APs’ livehliood - Including: ① compensation ;② ③change of income; ④employment; ⑤satisfaction of resettlement.

(3) Availability of fund and application of monitoring and evaluation - Including: ①Fund disbursement; ②the use of fund (both planned and actual).

(4) Resettlement of vulnerable group - Including: ① the status of vulnerable group resettlement; ② problems in the process of resettlement and special support measures.

(5) Social gender concerned

(6) The situation of public participation, complaint and grievance redress.

(7) Public consultation and information disclosure.

C Process of External Monitoring

Refer to Figure 1 for the process of external monitoring.

- D-12-48 - Dingzhou City WWTP Resettlement Plan

Figure 1 Process of external monitoring

D External Monitoring Institutions

The external monitoring and evaluation will be undertaken by the external monitoring agency authorized by Asian Development Bank and entrusted by Baoding Project

- D-12-49 - Dingzhou City WWTP Resettlement Plan

Management Office.

E The Organizations and the division of labor in resettlement monitoring estimate

- The Dingzhou Project Affairs Office entrusts the external monitoring agency with the specific investigation, data collection, calculation and analysis of monitoring and evaluation, as well as the examination of their results. - The external monitoring agency form the resettlement monitoring and evaluation group of the Dingzhou City WWTP project, which is responsible for the monitoring and evaluation of project resettlement, the formulation of the outline for monitoring and evaluation, the establishment of monitoring sites, the monitoring of field survey and the in-door analysis, as well as the preparation of report of resettlement monitoring and evaluation, according to ADB Involuntary Resettlement Policy. - Dingzhou Resettlement Office will coordinate with the resettlement monitoring and evaluation group concerning personnel, transportation and so on during the field monitoring and investigation.

F The Resettlement Monitoring and Evaluation Methods

- The monitoring and evaluation adopts a combined method of field investigation, calculation and analysis, and the comprehensive assessment by experts. - The investigation is to be conducted in the way of a combination of the key parts with the whole project. There should be an overall investigation of the resettlement implementation progress, funds, institutions and management. And a sample investigation should be carried out among affected households. - The sample investigation adopts random sampling and other methods to make follow-up investigation for the typical sampling households in resettlement project. Sampling ratio: this project will not affected individually contracted land, so the sampled households are 10 households. - The overall investigation adopts the forms of table investigation, forum discussion, inquiring of documents and archives. - Photos, audio and video records and objects should be collected apart from the written materials.

G Report of External Monitoring and Evaluation of Project Resettlement

The external monitoring and evaluation agency will submit resettlement monitoring reports to ADB and BPMO every six months during resettlement implementation and annual evaluation reports as well within 2 years after the completion of resettlement implementation. The external monitoring reports will be disclosed on ADB website.

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Appendix 3 Resettlement Information Booklet

Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project

Tiexi Wastewater Treatment Project,

Dingzhou City

Resettlement Information Booklet

Dingzhou City Wastewater Treatment Plant

July 2007

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1 Project Introduction

1.1 Brief Introduction of the Project

Dingzhou City WWTP Project is a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project in Dingzhou City, governed by Baoding City, which is funded by ADB. According to the development planning in this city, it will exploit phase 1and 2 construction land in the west of this city, and now the phase 2 has had some scopes. For promoting economical and environmental harmonious development, it is needed to build a WWTP in south of phase 2 construction land and north of Dianchang Road. After the implementation of the project, it will greatly ameliorate the environment and water quality of this area, ensure the local people’s health, release the shortage of water resources through water reuse, and cut off the main pollution source in Baiyangdian which is convenient for controlling the pollution of the whole catchment.

Dingzhou Municipal Government began the prophase work of WWTP from 2004. Mayor organized Land Resources Bureau, Water Conservancy Bureau, Environmental Protection Agency and Planning bureau and so on to dispatch the progress of this project. In order to solve the deterioration of ecological environment in Baiyangidan, the Dingzhou City WWTP has been listed as a subproject of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project, which is funded by ADB. Being entrusted by Dingzhou Development and Planning bureau, the DI has finished “The Feasible Study Report of Dingzhou City Wastewater Treatment Project Phase 2” in July 2006, and the Resettlement Plan is based on the feasible study report, field survey and relevant information survey. During the detailed design, if there is any change of land acquisition scope and/or significant change of ground attachments, the resettlement plan will be revised and submitted to ADB for approval.

1.2 Project Composition and Scope of Land Acquisition

The Tiexi Wastewater Treatment Project of Dingzhou City is focus on industrial wastewater treatment, the goal of which is to treat domestic and industrial wastewater from phase 1 and 2 construction area.

Dingzhou City WWTP consists of a wastewater treatment plant project, an auxiliary wastewater collection and drainage system, and inside roads. Refer to Table 1 for the project composition.

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Table 1 Brief Description of Project Composition Project Brief Description Remarks

Located in the southwest of Zhao County, Dingzhou City; with a Permanently requisitioned land Plant Area treatment capacity of 40,000m3 per day (in the near-future); the involves Dasitou Village, with SBR-CAST wastewater treatment technology will be adopted. the requisitioned land 74.25mu.

Permanently requisitioned land Because there is 50m between plant and Dianchang road, it Inside Road involves Dasitou Village, with should build road to the plant, road size: width 10m, length 50m. the requisitioned land 0.75mu.

It includes collection pipe system from industrial area to WWTP, Temporary requisitioned land and Drainage pipe system from WWTP to Mengliang River. The involves 11 villages in Zhao Network pipe diameter is about 300-1899mm, and the total length is County, with the requisitioned 75441m. land 214.36mu.

1.3 Cost Estimate and Implementation Plan

The total cost estimate for the Dingzhou City Wastewater Treatment Project, Tiexi County is CNY 105.397 million. The project consists of there components: WWTP, wastewater collection and drainage system and inside road, and it will last 8 months from February 2008 to October 2008.

According to the schedule of the implementation, under the guide of ADB TA office, Dingzhou Planning bureau started to prepare the Resettlement Plan in August 2006, and the Resettlement Plan was finished, modified, and submitted to ADB for a review on 31st January 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September 2007.

2 Project Impacts

2.1 Measures to Avoid or Minimize the Impacts of Land Acquisition

In the phase of project design, in consideration of minimizing the area of acquisition and resettlement, the main principles are: - Avoid or reduce the occupation of the present and planning residential districts; - Avoid or reduce the occupation of high-quality cultivated land; - Utilize the existing roads available to the project site, either by the national ones or the local ones; - Avoid or reduce the occupation of the environmentally sensitive area.

2.2 Project Impacts

- D-12-53 - Dingzhou City WWTP Resettlement Plan

2.2.1 Permanent Collective-owned Land Acquisition and Project Impact Analysis

The project will permanently acquire 75mu collective-owned land in Dasitou Village, Zhao County, which is collective land in reserve. The land was a waste brickfield and now its use type is waste grassland, and it is identified as the city planning construction area. Refer to Table 2 for land acquisition impacts analysis.

Table 2 Permanent Collective-owned Land Acquisition Area of Permanent Land Acquisition (mu) Village Name Project Total grassland dryland Others Dasitou Village WWTP 75 75 0 0

2.2.2 Temporary Land Occupation

According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network and the WWTP. The total temporarily occupied state-owned land area is 214.36 mu, all of which is irrigated land, and the occupied period is 6 months, which will affect the crop production in both growth seasons. Refer to Table 3 for the details of temporarily occupation.

The construction of the project will certainly affect 1224 household and 2272 workers in 7 enterprises, due to the wide breadth of the motor lane, using the existing drain, the implementation of pipeline will cause some impacts to near households and shops, and it is no need to widen the lane. In the mean time, the construction of the auxiliary pipeline network will be divided into several flexible parts. Each part lasts about one or two weeks. During the implementation, paving kinds of temporary paths and posting signs will be needed to reduce or minimize the impacts. The IA will compensate the households and shops along the lane for the impacts when the construction last longer than that of planned, the compensation standard is CNY 100/day, which has covered in contingencies.

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Table 3 Temporary Land Occupation Condition

Household Enterprise Type of Land Irrigated Village Total Use Land Content and Degree of The number The number of Content and Degree household Population Impact of firms workers of Impact the crop production in both Xigande Land for Pipeline 16.62 16.62 75 300 4 1403 trips,minor growth seasons the crop production in both Xindianzi Land for Pipeline 14.91 14.91 120 520 growth seasons the crop production in both Huanggongcheng Land for Pipeline 14.63 14.63 120 500 growth seasons the crop production in both Hujiazuo Land for Pipeline 40.71 40.71 120 520 growth seasons the crop production in both Xinhe Village Land for Pipeline 18.12 18.12 60 260 growth seasons the crop production in both Xinmin Village Land for Pipeline 16.67 16.67 110 520 growth seasons the crop production in both Beigongcheng Land for Pipeline 24.22 24.22 130 540 growth seasons the crop production in both Dasitou Land for Pipeline 8.52 8.52 75 310 growth seasons the crop production in both Dasitou Land for WWTP 5 5 86 405 growth seasons the crop production in both Dabaoziting Land for Pipeline 38.3 38.3 150 700 growth seasons the crop production in both Xiaobaoziting Land for Pipeline 7.44 7.44 50 170 growth seasons the crop production in both Xinxing Village Land for Pipeline 9.22 9.22 148 680 3 869 Trips, minor growth seasons Total 214.36 214.36 1244 5425 7 2272

- D-12-55 - Dingzhou City WWTP Resettlement Plan

2.2.3 Affected Persons

1) Affected population caused by the permanent collective-owned land acquisition

The requisitioned land was a waste brickfield and now is waste grassland. The land acquisition directly doesn’t affect persons, for there is no person to work or live on the land.

2) Affected population caused by the temporarily occupied land

According to the temporary land occupation scheme, the main temporarily occupied land of the project is the areas used for construction of the auxiliary pipeline network, and main irrigated land. There will be temporary impacts on 11 villages in Zhao Village, 1,244 households with 5,425 persons, the crop production in both growth seasons. It will also affect 2,272 persons’ trips in 7 enterprises, the influence of which is minor.

2.2.4 Vulnerable Groups

In Dasitou Village there are 2 households with 6 persons in all who are in poverty caused by disease, and now they are enjoying the right of lowest-living guarantee in Dingzhou (CNY10/month) and won’t be affected by the permanent land acquisition for WWTP.

2.2.5 Impacts on Women

There is no woman directly affected by the permanent land acquisition for Dingzhou City WWTP in Dasitou Village.

2.2.6 Infrastructures and Ground attachments

The project includes the construction of the WWTP and pipeline laying. The permanently occupied land for WWTP is waste grassland now, where is no other ground appendix; the appendixes concern the temporarily occupied land for pipeline laying as follows: 191 tombs, 700 m communication cable, 5 vegetable greenhouses, 1,465 nonfruit large trees, 18,160 nonfruit small trees, 1755 fruit trees. Refer to Table 4 for the affected infrastructures and ground attachments.

Table 4 Affected Infrastructures and Ground attachments. Item Unit Number Tombs piece 191 Communication cable meter 700 Vegetable Greenhouses piece 5 Nonfruit large trees tree 1465 Nonfruit small trees tree 18160 Fruit trees tree 1755

- D-12-56 - Dingzhou City WWTP Resettlement Plan

3 Policies and Legal Framework

3.1 Applicable Laws, Regulations & Policies for Resettlement

The resettlement policies of this project are mostly based on ASIAN DEVELOPMENT BANK (ADB)’s policies and relevant laws and regulations of the People’s Republic of China, including:

ADB Policies and Guidelines - Involuntary Resettlement, Asia Development Bank (ADB), Manila. 1995; - Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; - Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; - OM Section F2 —Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila,2006.

Laws and Regulations of PRC

- Land Administration Law of the People’s Republic of China (effective as of 28 August, 2004) - State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) - Provisions of Public Hearings on Land and Resources (MLR, effective as of 1 May 2004) - Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Resources in 2004) (Ref. No.GTZF[2004]238) - Pre-examination Management Methods of Land for Construction Project (Document 27 in 2004, MLR) - Public Announcement Methods on Land Requisition (MLR, effective as of 1 Jan. 2002) - Regulations on Land Administration of Hebei Province (effective as of 27 May, 2005) - Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial peoples’ government) (JZ[2004]151)

3.2 Eligibility Cut-Off Date

BMG announced that the eligibility cut-off date is on 31st March, 2007. After the deadline, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected people aimed at extra compensation will be excluded from the range of compensation and subsidy.

3.3 Definition of the Resettlement Rate

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3.3.1 Collective-owned Land Acquisition

The resettlement rate of the project is decided on the basis of our survey and estimation as well as consultation with Dingzhou City Land and Resources Bureau and the affected households. The average annual output value of affected cultivated land (mainly corn output and wheat output) in previous three years is CNY 2,421/mu. The land compensation fee will be ten times of its annual output value. CNY 38,736/mu has decided by Dingzhou City Planning bureau, among which the resettlement subsidies will be six times of the annual output value, that is CNY 24,210/mu; The young crops compensation fee will be one time of the annual output value, that is CNY 14,526/mu; Refer to Table 5 for the land acquisition and resettlement rate of the project.

Table 5 Collective Land Acquisition Compensation Standard of the Project

Compensation multiple Resettlement Standard (CNY/mu) Land Annual Output Land Land Resettlement Total Resettlement Total Type Value (CNY) Compen- Compensation Subsidies Subsidies sation Fee Fee Waste 2,421 10 6 16 24,210 14,526 38,736 Grassland

3.3.2 Temporary Land Occupation Compensation

On account of the laying of the pipeline network and the construction of WWTP, it is required to temporarily occupy 214.36 mu collective-owned land which is irrigated land. The Resettlement Plan will not include temporary land occupation fee. The project will adversely affect the crop production in both growth seasons. Therefore, during the installation of piping networks, the construction agency shall provide affected villages with compensation proportional to the area of temporary land acquisition and the amount of affected crops. According to the actual conditions of agriculture production in Zhao County, it is decided that the compensation fee for young crops is CNY 1,500/mu and CNY 3,335/mu for land reclamation

3.3.3 Infrastructures and Ground attachments Compensation

Refer Table 6 for the affected infrastructures and ground attachments resettlement rate.

Table 6 Infrastructure and Ground attachments Resettlement Standard of the Project No. Item Unit Rate(CNY/unit) 1 Tombs piece 300 2 Communication cable m 80 3 Vegetable Greenhouses piece 8,000 4 Non-fruit large trees piece 50 5 Non-fruit small trees piece 30 6 Fruit trees piece 30

- D-12-58 - Dingzhou City WWTP Resettlement Plan

3.3.4 Other Compensation standards

Refer to Table 7 for other compensation rate of the project.

Table 7 Other Compensation Standard of the Project No. Item Standard Basis Recipient Implementation Regulation of Cultivated Land Land 1 3,335 CNY/mu Land and Resources Bureau Reclamation Fee Administration Law for Hebei Province Land Acquisition 2 Administration 3% of the total land acquisition budget Land and Resources Bureau Fee Reconnaissance, 3 Design and 4% of the total land acquisition budget Implementation Agency Research Fee Implementation 4 Management 5% of the total land acquisition budget Implementation Agency Fee Technical 5 4% of the total land acquisition budget Implementation Agency Training Fee External 6 Monitoring and 1% of the total land acquisition budget Monitoring Agency Evaluation Fee 12.9% of the total sum of land acquisition cost, design cost, 7 Contingencies Implementation Agency implementation management fee, training cost and monitoring cost

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3.3.5 Entitlement Matrix

The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 8.

Table 8 Entitlement Matrix Entitled compensation policy and Type of Loss Impact Degree Entitlements Persons rate 1. The village as a whole will receive the compensation fee from reserved collective-owned land acquisition and resettlement which will be particularly used in the construction of infrastructures, industrial development, farmers’ income increasing and All of the 75mu permanently requisitioned Land acquisition : vulnerable groups support. Permanent Acquisition of Collective collective land is waste grassland, where Village CNY24210/mu, 2. In the process of the construction, laborers in Land in this Project nobody works or lives. Collective Resettlement subsidies: the affected households will be given the priority CNY14526/mu for taking part in the construction, working at the non-technical posts. When the project is completed, they will be granted with two to three temporary posts in the WWTP. 4. The Project management office (PMO) will provide a special fund for technical training. The standard of young Temporarily occupied land for pipeline network Affected crops compensation fee is and the WWTP will involve 11 villages of Zhao The affected villagers will receive young crops households in CNY1,500/mu, and township, amounts to 214.36mu, and all of the compensation fee and land reclamation fee. 11 villages CNY3,335/mu for land land is irrigated Temporary Land Occupation reclamation fee. The temporary land occupation affects 1224 If the construction period exceeds 2 weeks, the construction unit will pay the Affected HHs households with 5425 persons and 7 enterprises and enterprises affected households or enterprises CNY100/day. with 2272 employees Low-income 2 households Enjoying lowest life guarantee and extra No direct impacts Vulnerable groups family with 6 persons subsidiary from village collective The minority No / / / Women No direct impact All women in 1. Women will be given employment priority. /

- D-12-60 - Dingzhou City WWTP Resettlement Plan

Entitled compensation policy and Type of Loss Impact Degree Entitlements Persons rate villages 2. Women will have the priority in the free technical training. 3. Women will be assured of their access to the relevant information and the consultation of the resettlement. Resettlement of Enterprises and / / / / houses Cultural relics No impact / / / Tombs :CNY300 each, There is no ground appendix on permanently Communication cable : occupied land; the appendixes concern the CNY 80/m , Vegetable temporarily occupied land for pipeline network Infrastructures and the Ground Greenhouses:CNY 8,000 as follows: 191 tombs, 700m communication proprietor compensation at replacement costs attachments each,Nonfruit large trees: cable, 5 vegetable greenhouses, 1465 nonfruit large trees, 18160 nonfruit small CNY 50 each , Nonfruit trees, 1755 fruit trees small trees:CNY 30 each, Fruit trees:CNY 30 each。

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4 Institutional Frameworks

4.1 Institutions Establishment

In July, 2006, Dingzhou City government set up a project leading group to prepare for the project and coordinate the implementation process. The vice county head assumed the position of group leader. The group consists of leaders from Planning Bureau, Land and Resources Bureau, Construction Bureau, Financial Bureau and Environment Protect Agency, Municipal Corporation and Zhao County government, Its subordinate is Dingzhou City WWTP Project Management Office (PMO). This office is mainly in charge of the project preparation, organizing and coordinating, implementation and management, and so on. The members of this team are from different functional departments and government at different levels so as to ensure the successful implementation of the land acquisition and resettlement and the achievement of the planned results, and other members also have rich management experiences of urban construction. The address of resettlement office about Dingzhou City WWTP is located at Planning Bureau. During the implementation the institutions which will prepare, manage, implement and monitor the resettlement about Dingzhou City WWTP are as follows (see Figure 1):

Refer to Figure 1 for the institutional framework of Resettlement Plan.

Baoding PMO (4 persons)

Dingzhou City PMO (2 persons) External Monitoring Dingzhou City Institution Planning Dingzhou City WWTP Bureau

Affected Towns, Villages, Village Groups and APs

Figure 1 Institutional Framework Figure for RP

4.2 Staff Arrangement

In order to guarantee the successful implementation of the Resettlement Plan, resettlement institutions on every level have arranged special staff to form an unimpeded information communication channel. Refer to Table 9 for the staff arrangement in resettlement institutions involved in the project. It is important to arrange special staff for the preparation and implementation of resettlement.

Table 9 Staff Arrangement in Resettlement Institutions Involved in the Project Institution Name Staff Arrangement (No.) Staff Identity Baoding PMO 4 civil servant Dingzhou City PMO 2 civil servant Dingzhou City Planning Department 4 technician and Dingzhou City WWTP Town, Village, Village Group and APs 4~6 cadre and representative of APs External Monitoring Institution 4 resettlement expert

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5 Grievance Redress

Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows:

- Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to Dingzhou City WWTP in oral or in written form. If an oral appeal is made, Dingzhou City WWTP must record it on paper and respond to it. The above appeal is to be handled in no more than two weeks. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Dingzhou city Project Management Office (PMO) or the Planning Bureau, after receiving the decision, Dingzhou City Project Management Office (PMO) or the Planning Bureau will reach a solution in no more than two weeks. - Stage 3: If the AP is still dissatisfied with the decision made by Dingzhou City Project Management Office (PMO) or the Planning Bureau, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration. - Stage 4: if the AP is still dissatisfied with the arbitration result, he/she can appeal to the civil court according to civil litigation law after receiving the final arbitration solution.

All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occurred thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems. The telegraph number of resettlement office is 0312-7907286.

6 Resettlement Implementation Plan

6.1 Principles of Resettlement Implementation

According to the plan of the project implementation of Dingzhou City WWTP, this project will begin in, February 2008, and will be finished by October, 2008.To connect the plan of resettlement implementation progress with that of project construction, the land acquisition will finish in December, 2007. The basic principles for resettlement implementation plan are as follows:

- The land acquisition must be finished at least one month prior to the start of project construction; the actual date should be decided by the implementation process of land acquisition and resettlement. - Those affected persons should have the opportunity to participate in the project during the process of resettlement. Before the start of the project construction, the area of land acquisition should be made known to the public, the resettlement information booklet should be issued, and that the public can participate in the related work should be ensured. - All kinds of compensation should be paid directly and fully to the property owner within three months after the approval of land acquisition compensation and resettlement plan. No unit or individual can use the compensation fee on behalf of the property owner. And there should be no discount for the compensation, whatever the reason is.

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6.2 Timetable for Resettlement Implementation

The plan for the general resettlement implementation progress of this project is worked out according to the land acquisition implementation progress in the project construction of Dingzhou City WWTP. There may be appropriate modification of the exact implementation time due to the deviation of the project general progress. Refer to Table 10 for the resettlement implementation time.

Talbe10 Resettlement Implementation Schedule and Supervision Milestone Resettlement Tasks Target Responsible Agency Deadline Status 1. Disclosure

1.1 - Information booklet 1 village Dingzhou City WWTP 2006.12 Completed

1.2 - Approved RP 1 village Dingzhou City WWTP 2006.12 Completed

1.3 - RPs posted on ADB website 1 RP ADB 2007.03 Completed 2. Approval

2.1 Approval of RP and budget Baoding Municipal Government 2007.06 Completed

2.2 Approval of land use plan Hebei Provincial LRB 2007.08 2.3 Approval of land acquisition Hebei Provincial LRB 2008.01 3. Agreements

3.1 - Compensation rates 1 village Dingzhou City WWTP/PLG 2007.10

4. Detailed Measurement Survey Recheck Dingzhou City WWTP/ LRB 2007.09

5. Detailed Plans

5.1 - Village rehabilitation plans 1 village Dingzhou City WWTP 2007.10

100 person-times for 5.2 - Training Plans for APs Dingzhou City WWTP 2007.09-2007.11 50 APs

6. Establishment of Implementation Capacity PLG/Dingzhou City WWTP/PMO/Others 2007.09-2007.10

7. Monitoring and Supervision

7.1 - Baseline survey 10 AFs Dingzhou City WWTP/IMA 2007.09

7.2 - Set-up internal supervision As per RP Baoding PMO 2007.08 7.3 - Hiring external monitor Baoding PMO 2007.08 7.4 - Internal monitoring reports Quarterly Baoding PMO 2008.03 7.5 - External monitoring reports Semiannual IMA 2008.03

7.6 - Resettlement Completion Reports 2 reports Baoding PMO and IMA 2009.03,2010.03

8. Documentation of Consultation Dingzhou City WWTP 2010.03

9. Documentation of Grievances Anxin Water Conservancy Burea 2010.03

10. Compensation Payments 10.1 - To affected village 100% of funds Dingzhou City WWTP 2007.10-2007.11

10.2 - To affected families “ “ “ Dingzhou City WWTP 2007.10-2007.11

11 Civil works commence Dingzhou City WWTP 2008.02

Note: AFs - Affected Families; DIs - Design Institutes; IAs – Implementation Agencies; IMA - Independent Monitoring Agency; LRB - Land and Resource Bureau; PLG - Project Leading Group; PMO - Project Management Office; VC - Village Committee.

- D-12-64 - Dingzhou City WWTP Resettlement Plan

- D-12-65 -