Resettlement Plan

June 2012

PRC: Songhua River Basin Water Pollution Control and Management Project

Prepared by Luobei County Government, Luobei County Drainage Business Management Division, and Harbin International Engineering Consulting Center for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 8 June 2012) Currency unit – (CNY) CNY1.00 = $0.16 $1.00 = CNY6.37

ABBREVIATIONS ADB – Asian Development Bank AFs – Affected Families AHs – Affected Households APs – Affected Persons DI – Design Institute DMS – Detailed Measurement Survey EA – Executing Agency FSR – Feasibility Study Report GDP – Gross Domestic Product HIECC – Harbin International Engineering Consultating Center HJP – Heilongjiang Province HLJ – Heilongjiang Province HHs – Households IA – Implementing Agency IMA – Independent Monitoring Agency LA – Land Acquisition LAR – Land Acquisition and Resettlement LCDBMD – Luobei County Drainage Business Managemnet Division LCG – Luobei County Government LCLRB – Luobei County Land Resources Bureau LRB – Land Resources Bureau M&E – Monitoring and Evaluation – MLG Minimum Living Guarantee OP – Operational Procedures PMO – Project Management Office – PRC People’s Republic of China RIB – Resettlement Information Booklet RP – Resettlement Plan ToR – Terms of Reference US$ – United States Dollar VC – Village Committee WF – Women’s Federation

WEIGHTS AND MEASURES km2 – kilometer mu – Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu)

NOTE (i) In this report, "$" refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

ADB Financed Songhua River Basin Water Pollution Control and Management Project

Luobei County Fengxian Town Drainage and Wastewater Treatment Project

Resettlement Plan

Luobei County Government (EA): Luobei County People’s Government

Implementation Agency (IA): Luobei County Drainage Business Management Division

Harbin International Engineering Consulting Center Engineering Consultation Certification No.: Gongzijia 10920070025

8 June2012

LETTER OF ENDORSEMENT

The RPs for the Mudanjiang Sewerage Network Improvement Project and the Luobei Wastewater Treatment and Sewerage Network Improvement Project fully comply with requirements of the relevant laws, regulations and policies of People’s Republic of China, Heilongjiang Province, Mudanjiang Municipal Government and Luobei County Government and as well with ADB’s policy on involuntary resettlement.

The Heilongjiang Provincial Project Management Office hereby affirms the contents of the Resettlement Plans and ensures that the resettlement will be made available as stipulated in the budget. The PMO has discussed the resettlement plan with relevant local officials and has obtained their concurrence. The Mudanjiang Municipal Government and Luobei County Government are authorized to manage the implementation of the Project and related resettlement activities.

Heilongjiang Provincial Project Management Office for and on behalf of Heilongjiang Provincial Government

3 July 2012

TABLE OF CONTENT

LIST OF ACRONYMS AND MEASURES ...... III 1. INTRODUCTION ...... 1 1.1 Background...... 1 1.2 Description of the Project ...... 1 1.3 LAR Impacts of the Project ...... 2 1.4 Preparation of RP ...... 3 2. IMPACT OF LAND ACQUISITION AND RESETTLEMENT ...... 5 2.1 Measures Taken to Avoid or Minimize LAR Impacts and Scope of LA ...... 5 2.2 Methods of LAR Impact Assessment ...... 6 2.2.1 Scope of LAR Impacts ...... 6 2.2.2 Summary of Land Acquisition ...... 6 2.3 Summary of the AHs and APs ...... 6 2.4 Evaluation of the Land Loss Impacts ...... 7 2.5 Impacts of Temporary Land Occupation ...... 8 3. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION ...... 9 3.1 Socioeconomic Profile of Luobei County ...... 9 3.2 Socioeconomic Profile of the Affected Village and APs ...... 9 3.2.1 Demographic Features of the APs ...... 10 3.2.2 Land Usage ...... 11 3.2.3 Financial Situation of Households ...... 11 3.2.4 Vulnerable Groups ...... 12 3.2.5 Gender Perspectives on Resettlement ...... 12 4. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE ...... 14 4.1 Public Participation Strategy...... 14 4.2 Methods and Measures of Public Participation ...... 14 4.3 Public Participation during RP Preparation ...... 14 4.4 Women’s Participation ...... 15 4.5 Information Disclosure ...... 15 4.5.1 Resettlement Information Brochure ...... 15 4.5.2 Distribution of the Resettlement Plan ...... 15 4.6 Public Participation Plan during RP Implementation ...... 16 5. APPEALS AND GRIEVANCE PROCEDURES ...... 19 6. LEGAL FRAMEWORK AND POLICIES ...... 20 6.1 Applicable LAR Laws, Regulations and Policies ...... 20 6.2 ADB’s Involuntary Resettlement Policies ...... 20 6.3 Related Laws and Regulation of PRC ...... 22 6.3.1 Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration, issued by State Council, October 2004 ...... 22 6.3.2 PRC Land Administration Law ...... 23 6.3.3 Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province ...... 23 6.4 Gaps between ADB and Chinese Policies ...... 24 6.5 Compensation Criteria and Principles ...... 25 6.5.1 Entitlement ...... 25 6.5.2 Compensation Rate ...... 25 7 ENTITLEMENT MATRIX ...... 26 8 RESETTLEMENT AND REHABILITATION PLAN ...... 27 9 COST ESTIMATE ...... 27 9.1 Compensation and Resettlement Estimate ...... 27 9.2 Annual Budget ...... 28

I 9.3 Flow of Funds ...... 29 10 LAR IMPLEMENTATION SCHEDULE ...... 30 10.1 Principles ...... 30 10.2 LAR Implementation Schedule ...... 30 11 INSTITUTIONAL FRAMEWORK ...... 33 11.1 Project Resettlement Organizational Set-up ...... 33 11.2 Responsibility...... 35 12 MONITORING, EVALUATION AND REPORTING ...... 37 12.1 Internal Monitoring ...... 37 12.2 External Monitoring and Evaluation ...... 38 12.2.1 Objectives and Requirements of M&E ...... 38 12.2.2 Methodology...... 39 12.2.3 Major Tasks...... 39 12.2.4 Reporting Requirements ...... 40 APPENDIX 1: RESETTLEMENT INFORMATION BOOKLET ...... 41 APPENDIX 2: TOR FOR EXTERNAL MONITORING AND EVALUATION ...... 45

II LIST OF ACRONYMS AND MEASURES

ADB Asian Development Bank AFs Affected Families AHs Affected Households APs Affected Persons DI Design Institute DMS Detailed Measurement Survey EA Executing Agency F Females FSR Feasibility Study Report GDP Gross Domestic Product HIECC Harbin International Engineering Consultating Center HJP Heilongjiang Province HLJ Heilongjiang Province HHs Households IA Implementing Agency IMA Independent Monitoring Agency LA Land Acquisition LAR Land Acquisition and Resettlement LCDBMD Luobei County Drainage Business Managemnet Division LCG Luobei County Government LCLRB Luobei County Land Resources Bureau LRB Land Resources Bureau M Males M&E Monitoring and Evaluation MLG Minimum Living Guarantee OP Operational Procedures PMO Project Management Office PRC People’s Republic of China RIB Resettlement Information Booklet RP Resettlement Plan ToR Terms of Reference US$ United States Dollar VC Village Committee WF Women’s Federation km2 Square Kilometer % Percentage mu Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu) Chinese currency Yuan CNY CNY 1=1/6.37$US（$US 1= CNY 6.37）

III Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

1. INTRODUCTION

1.1 Background

1. The Luobei Fengxiang Town Drainage and Wastewater Treatment Project in Heilongjiang Province, is one subproject of Songhua River Basin Water Pollution Control and ManagementProject financed by ADB. Fengxiang’s landform is characterized as being high in the northwest and low in the southeast, and the Liming Reservoir is situated in the southeast of the town. In summer, northeast wind prevails. The proposed project lies in the north of the Liming Reservoir, which is within the Dongcai Village, in the southeast area of Fengxiang Town and the southeast area of Luobei County.

2. Luobei County, under the jurisdiction of the Hegang City, lies in the northeast of Heilongjiang Province and the northwest of the Three River Plain, neighboring the east area of the Lesser Khinkan Mountains. It is close to the Songhua River in the south, neighboring Bingsui County in its southeast and bordering in the west Hegang City and Tangyuan County on the Wutong River and in the northwest Jiayin County on the Jiayin River, and on the northeast facing Russia with a borderline of 146.5 km. Located in the southeast, its capital Fengxiang (47036′N, 130049′E), serving as the centre of the county politically and economically, is only 20 km from the Heilongjiang River and 526 km from Harbin City.

3. The drainage and wastewater treatment capacity of Fengxiang Town is far from being adequate for the current demand as well as the fast development of the town. At present, the drainage pipeline is partially installed. The only main pipeline constructed (length: 556 m, diameter: 1,500 mm) is the one along the Liming Road, leaving others in need of being put in place like the end of the main pipeline and the drainage outlet. The currently used drainage outlet of the main pipeline is provisional, delivering rainwater by pressure flow to the open channel leading to the Liming Reservoir. While in rainless season, the wastewater is lifted with pump onto the open channel. As a result of poor drainage inside the pipeline, years of running silts itself with sludge needing frequent cleanings, with very high. The drainage outlet, provisional as it is, does not work in the fall when the water of the reservoir flows back against the drainage outlet, only to allow the water and sewage stay for long.

4. Currently, with no wastewater treatment plant in Fengxiang Town, the wastewater runs into the Liming Reservoir without treatment and across the marshlands finally to the Songhua River. The reservoir is mainly used to irrigate lands and to drain water loggings. But the reservoir water can be contaminated by the sewage discharge beyond the pollution limit, jeopardizing the paddy land needing irrigation in the spring. In addition, the sewage from the Fengxiang Town may break local ecological balance and further threaten the water quality of Songhua River. For the purpose of developing the local economy and improving the living standards of its people, it is necessary to construct the Project.

1.2 Description of the Project

5. The scope of the Project includes: Fengxiang Town wastewater treatment plant with a processing capacity of 10,000m3/d in 2015 and 12,000m3/d in 2020 with using the TF Units Combining Wastewater Treatment Technology; the newly constructed drainage pipelines is as long as 23.13 km. The water of the wastewater treatment plant will come from the Liming Reservoir and finally run into the Songhua River. Primary standard of the Pollutant Discharge Standard for Municipal Wastewater Treatment Plants (GB18918-2002) will be adopted by the plant, which will cover an area of 1.44 ha or 21.6 mu.

1 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

6. The total Project investment is CNY 74.6227 million, of which CNY 29 million of subsidy to be applied for, CNY 25 million will be financed by ADB loan, and CNY 20.6227 million by self-financing of the IA.

1.3 LAR Impacts of the Project

7. Within the land to be acquired of the Luobei County Fengxiang Town Drainage and Wastewater Treatment Project, the land use includes marshland and backfilled wasteland reclaimed voluntarily as dryland by the farmers. Within the red line, there are no structures. The scope of the Project impacts is mainly determined by the detailed measurement survey (DMS) in March 2012 on the basis of the FSR. The construction of the Project will involve permanent land acquisition only.

8. A total of 1.44 ha or 21.6 mu land, including16.6 mu marshland and 5 mu backfilled wasteland voluntarily by the farmers will be acquired permanently for the Project. Due to the permanent land acquisition, a total of 10 rural populations or 4 HHs will be affected. No temporary land occupation and house demolition will be involved and no ethnic minority and vulnerable groups will be affected.

9. The land to be acquired (land loss) for the Project is marshland and backfilled wasteland reclaimed voluntarily as dryland by the farmers accounting for 2.87% of their total land, and no village collective-owned land or farmland of Dongcai Village will be acquired. As a result, it can be seen that the impact of land acquisition on village collective-owned land and farmland is small. However, due to the land loss, associated proportion of income will also be lost. Therefore, the income rehabilitation for the APs has been taken into consideration of the RP.

Figure 1: Location of Project Area and the WWTP Site/affected Village

Luobei County Government

Dongcai Village

WWTP

2 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Fengxiang Town

Dongcai Village

1.4 Preparation of RP

10. In line with the ADB’s Policy on Involuntary Resettlement (1995) and the relevant laws, regulations and guidelines issued by the governments of People’s Republic of China, the RP has been prepared by Harbin International Engineering Consulting Center and the content is consistent with ADB's Policy on Involuntary Resettlement and complies with the laws and regulations of the PRC and Heilongjiang Province.

11. The RP preparation is based on the following relevant project documents and legal documents, and the results of public participation and consultations.

(1) Design Basis

(i) Feasibility Study Report of the Project; (ii) Statistical Yearbook in 2009 of Hegang City; (iii) Master Plan of Hegang City Urban Development; and, (iv) “Twelveth-Five Years Plan” of Hegang City.

12. The RP is prepared based on the feasibility study report (FSR) and DMS conducted in March 2012, therefore, the LAR impacts have already been fixed and census conducted. If any design changes impacts of LAR, the RP will be revised and submitted to ADB for approval.

(2) Legal and Policy Basis

(i) Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004; (ii) Land Administration Law of the PRC, amended in 2004; (iii) Implementation Regulation for Land Administration Law of PRC; December 1998; (iv) Notification on Adjusting Newly Added Construction Land Use Fee Collection issued by the Ministry of Finance and Ministry of Land Resources [Cai Zong [2002] 93];

3 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

(v) Temporary Regulations on Farmland Acquisition Tax of PRC, 2008;

(vi) “Land Administration Law of the PRC”, 2001; (vii) Sewage Fee Collection Standard Management Practices (State Order No.31); (viii) Temporary Regulations of Farmland Acquisition Tax, 2008; (ix) Regulations on Land Administration of Heilongjiang Province; (x) ADB’s Policy on Involuntary Resettlement, Manila, 1995; (xi) Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; (xii) Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; and, (xiii) OM Section F2 — Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila, 2006.

(3) Public Participation and Community Consultation Activities

(i) Visits to the Project affected areas; (ii) Sample socioeconomic survey of affected households between August and September 2011; (iii) Detailed measurement survey in March 2012; and, (iv) Consultation workshops on environment and resettlement with the Heilongjiang Development and Reform Commission and the representatives of APs in October 2011.

13. The aim is to avoid involuntary resettlement 1 wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to restore or enhance livelihoods of displaced persons relative to pre-project levels; and to improve the standards of living of the affected poor and other vulnerable groups.

1 For involuntary resettlement, it means those who have to relocate (displace, losing residence or shelter) and / or have to be reempolyed (losing land, property, the opportunity of getting property, income or livelihood) due to (i) land acquisition, or (ii) restriction on the use of or access to parks and protected areas established by law.

4 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

2. IMPACT OF LAND ACQUISITION AND RESETTLEMENT

2.1 Measures Taken to Avoid or Minimize LAR Impacts and Scope of LA

14. To avoid or reduce land requisition and resettlement (LAR) impacts to the minimum, alternatives have been carefully reviewed and the optimal option has been adopted for the Luobei County Fengxiang Town Drainage and Wastewater Treatment Project in Heilongjiang Province. By taking into consideration of reducing land acquisition and resettlement impacts, and the loss of property, the mitigation measures to reduce the LAR impacts have been proposed: (i) strictly control the scope of land acquisition through coordinated surveying and mapping; (ii) avoid agricultural land and houses demolition as much as possible and protect forest land and telecommunication lines. As a result, Option II has been selected as the option of the Project. Option I and Option II optimization were compared, the results indicates that CWSBR to retain the traditional SBR technology process, which is simple, could control the expansion of sludge, and effective treatment. However, in comparison with Option II, the investment is large, operation cost is high, and the land use is one-third larger. Multi-Stage Filtration Process is SF mechanical filter to replace flocculated sedimentation tanks, sludge dewatering machine to use mechanical filters, denitrification filters and three stage filtration and biological decomposition of biological aerated filter sewage purification. The main features are: (i) energy saving effect is significant, (ii) water purification effect is excellent, (iii) easy to control, (iv) to land use saving, (v) reduced engineering investment, and (vi) good resistance to cold. Therefore, Option II - Multistage Filtration Process is recommended as Luobei Fengxiang Town Drainage and Wastewater Treatment Project. Table 2-1 is comparative scheme of sludge treatment, and Table 2-2 is the alternative comparison of “Option I” and “Option II” to minimize LAR impacts on collective-owned land within the land to be acquired.

Table 2-1: Comparative Scheme of Sludge Treatment Scheme Option II Option I Multistage Filtration CWSBR Method Item Content Process Investment (CNY 10,000) 8,208.59 8,077.95 Operational Rate (KW) 420 328.88 Staffing 27 24 Unit Cost (CNY/m3) 0.34 0.30 Total Operation Cost 1,250 302.82 (CNY10,000/year) Operational Management Lack of operation and Short technology process, and management experiences in many equipment facilities with high the alpine region, many degree of sutomation technology process with high degree of automation Technology Process Efficient and stable Many valves, periodic switch of in- treatment and high result of and out-water valves, relatively high nitrogen and phosphorus equipment reliability and quality, removal resistance to shock loading, and good result of nitrogen and phosphorus removal Sludge Treatment Sludge quantity is small, Sludge quantity is relatively largel with low rate of water and with low rate of water good for sludge de-watering Land Use Area (m2) 16,200 14,400

5 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 2-2: Alternatives to Reduce the Land Acquisition within the land to be acquired Option I Option II House to be Land House to be Land AHs APs AHs APs Demolished Acquisition Demolished Acquisition (No.) (No.) 2 (No.) (No.) 2 Item (m ) (mu) (m ) (mu) Drainage and Wastewater 4 10 0 25 4 10 0 21.6 Treatment Project Total 4 10 0 25 4 10 0 21.6

2.2 Methods of LAR Impact Assessment

2.2.1 Scope of LAR Impacts

15. The physical identification of impacts mainly relies on the statistical data obtained from the relevant government organizations, questionnaires, measurement survey, and discussion with the APs during field investigation, site visits, meetings, individual interviews, etc.

16. The Project will mainly affect land, no temporary land occupation, structures, auxiliaries, and basic infrastructures and special facilities are involved. The quantity and category of the acquired lands were surveyed with the participation of the APs. Village committee and representatives of the villages were consulted on compensation standards and resettlement plan for land acquisition and resettlement.

2.2.2 Summary of Land Acquisition

17. According to the identified impact, the scope of the land acquisition and resettlement of the Project includes permanent land acquisition only, and no temporary land occupation, structure demolishment, auxiliaries, basic infrastructures and special facilities will be involved. Table 2-2 provides the summary of the LAR impacts.

Table 2-2: Summary Land Acquisition and Resettlement Impacts Total AHs and APs Administrative Jurisdiction Permanent Land Acquisition to be Affected (No.) Backfilled Wasteland Total Marshland Voluntarily Reclaimed as Area City Town/County Village Dryland by the Farmers AHs APs Ha mu Ha mu Ha mu Fengxiang Dongcai Hegang Town, Luobei 1.44 21.6 1.11 16.6 0.33 5 4 10 Village County Total 1.44 21.6 1.11 16.6 0.33 5 4 10 Note: The marshland is owned by the village collective, and no income generation from the reclaimed land.

2.3 Summary of the AHs and APs

18. In summary, partial of the land in Dongcai Village, Fengxiang Town, Luobei County will be affected due to permanent land acquisition, totalling 4 households or 10 persons. In the affected area, no ethnic minorities will be affected.Table 2-3 summarizes the numbers of the AHs and APs.

6 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 2-3: Summary of Affected Households and Populations (unit: No.) Administrative Jurisdiction AHs and APs City Town/County Village AHs APs Hegang City Fengxiang Town, Luobei County Dongcai Village 4 10 Total 4 10

2.4 Evaluation of the Land Loss Impacts

19. The Project will lose 1.44 ha (21.6 mu) of land permanently. Within the the land to be acquired, the Dongcai Village will lose 2.87% of its village collective-owned land.

20. The AHs will lose 9.88% of their cultivated land, which is a relative small loss of 1.25 mu for each family. Their average land revenue loss, however, accounts for 6.4% of their household income, which is CNY1,467 per year, thus we could see that income loss has less share of the family income for the affected households The analysis of land loss is based on the farmland and relevant income loss. Table 2-4 and Table 2-5 provides the impact analysis of land loss. all HHs will lose less than 10% their income.

Table 2-4: Land Loss Analysis of Permanent Land Acquisition Before LA Acquired land After LA Per capita land holding Per capita land holding (mu) (mu) (mu) (mu) before LA (mu) After LA 50.6 5 45.6 5.06 4.56

Table 2-5: Land Loss Impact Analysis on Households Dongcai No. Items Village I Impact 1 Affected Households by LA (No.) 4 2 Affected Rural Population by LA (No.) 10 4 Land Acquisition (mu) 21.6 5 Land per capita (backfilled reclaimed land included) of the AHs before the LA 5.06 (mu) 6 Land per capita (backfilled reclaimed land included) of the AHs after the LA 4.56 (mu) 7 Land loss per household (%) 9.88 8 Income loss per household (%) 9.52 II Source of Income 9 Agriculture income per household (CNY) CNY 14,855 Agriculture as a percentage of total income (CNY) 65% 10 Average Yearly Household Income 22,840 III Farmland loss (%)- measured by AHs 11 < 10% 3 12 > 10% - 30% 1 13 > 30% - 50% 14 > 50% - 70% 15 > 70% - 90% 16 > 90%-100% 17 100% 18 Total 4 IV Farmland Income loss (%)-measured by AHs 19 < 10% 4 20 > 10% -30% 0 21 > 30% - 50% 22 > 50%-70% 23 > 70% - 90% 24 > 90%-100% 25 100% Total 4 Note: A total of 10 persons or 4 households are affected by the permanent LA. The data above represents the AHs and APs, whose farmland is affected only. 7 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

2.5 Impacts of Temporary Land Occupation

21. The Project will newly install 23.13 km pipeline. All pipeline engineering works will be constructed along the state-owned land, no households and population will be affected. The construction will be carried out by sections, therefore the road will be affected only for one month to three months at maximum. It will only cause disruption to businesses. It is suggested that the construction procedures/measures should be included in the contracts to: i) avoid disturbances; ii) minimize time in sensitive areas, not to exceeding 2 weeks; and iii) if longer than 2 weeks, compensation should be provided for disruption business. The cost is included in the engineering cost.

8 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

3. SOCIOECONOMIC PROFILE OF AFFECTED AREA AND POPULATION

3.1 Socioeconomic Profile of Luobei County

22. Luobei County is under the jurisdiction of Hegang City. It is located in the northeast part of Heilongjiang Province, east end of Lesser Khingan Mountains and northwest part of Sanjiang Plain. Across longitude 130°07 '~ 131°34', latitude 47°12 '~ 48°21', it is close to the Songhuajiang River in the southern side, and adjacent to Suibin County in the southeast side. Through its western border Wutong River, it borders on Hegang City and Tangyuan County and is connected with Jiayin County in the northwest along the Jiayin River. With the border line of 146.5 km, it neighbors with Russia in the northeast across Heilongjiang River. The County Government of Luobei County is seated in Fengxiang Town, which is located in the southeastern part of Luobei County and is the center of the county. It is 20 km away from the shore of Heilongjiang River, and 526 kilometers to Harbin City in the west.

23. Luobei County is rich in natural resources, and mountains in the western part is rich in coal, iron, gold, mica, asbestos, graphite, quartz, dolomite and other mineral resources. The Yunshan Graphite Mine is one entremely large mine, and the reserves of which ranks first in Asia. The regional GDP in integrated economy is CNY1.73446 billion, with fiscal revenue of CNY 232.2 million.

3.2 Socioeconomic Profile of the Affected Village and APs

24. This survey was undertaken by Dongcai Village of Fengxiang Town, Luobei County under the supervision of IA between August and September 2011. Its main objectives were: (i) to compile socioeconomic information on the APs likely to lose land or property to the Project component; (ii) to obtain information on the extent of APs’ knowledge of the proposed Project; and (iii) to identify APs’ preferences regarding land acquisition and income rehabilitation measures.

25. The survey covers the permanent LA affected villages and households. A total of 4 households (100% of households to be affected by permanent land acquisition) of the total affected households were surveyed. Table 3-1 presents the affected Village Committee and households. Economic conditions of the affected villages are shown in Table 3-2.

Table 3-1: Surveyed Village and Households City County/Town Village Impact No. of Surveyed Households Permanent Hegang City Luobei County/Fengxiang Town Dongcai Village 4 LA Total 4

Table 3-2: Economic Status of Affected Village Index Dongcai Village Total Households (No.) 85 Total Population (No.) 116 Females 57 Agricultural Population 116 Non-Agricultural Population Total Labor Force (No.) 70 Industry Agriculture 63 Service Industry 7

9 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Index Dongcai Village Total Area of Farmland (Reclaimed wasteland is not included) (mu) 720 Paddy Land 280 Irrigated Land Dryland 410 Vegetable Land 30 Woodland 6.5 Orchard Land Fish Ponds Wasteland (including reclaimed wasteland) (mu) 26 Total Income (CNY 10,000) 64.32 Agriculture (CNY 10,000) 57.28 Industry (CNY 10,000) Service & Tertiary Industry (CNY 10,000) 7.04 Note: The affected village has a total of 26 mu reclaimed waste land, of which 5 mu are for the 4 affected households.

3.2.1 Demographic Features of the APs

26. The detailed demographic features of the surveyed APs are listed in Table 3-3, including age, population composition, education and occupation by gender.

27. All the surveyed households and populations are rural, including 40% of women. The family size is 2.5 persons. Of the total affected rural population, labor force (8 persons) accounting for 80% of the total population. The ages of the surveyed population showed that the population is approximately distributed in normal situation, under 6 years old accounting for 10% of the total sampled population; between 7-19 years old accounting for 10% of the total sampled population, the majority of the population between 20-50 years old accounting for 80% of the total sampled population.

28. Over half (80%) of the household members have received primary school and senior high school education; junior middle school education ranked first, accounted for 50%, primary school education and illiterate persons accounting for 20% respectively, senior high school education accounted for 10%. Of the total surveyed respondents, the illiterate persons are mainly old people over 50 years old and pre-school children. Of the surveyed populations, the population less than 6 years old accounted for 10%.

29. The employment is characterized by: 25% of the APs in labor force engaged in construction and transportation, 75% engaged in the agriculture and sideline (such as breeding). Meanwhile they also use low-peak season during the agricultural production period to go out for seasonable labors. Some young people also go out for seasonable work.

Table 3-3: Demographic Features of the Surveyed Populations Male Female Total Item No. % No. % No. % Households: 4 6 60.00% 4 40.00% 10 100.00% Household Size:2.5 Age ≤6 years old 1 10.00% 1 10.00% 7-19 years old 1 10.00% 1 10.00% 20-35 years old 2 20.00% 1 10.00% 3 30.00% 36-50 years old 1 10.00% 1 10.00% 2 20.00% 51-60 years old 2 20.00% 1 10.00% 3 30.00%

10 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Male Female Total Item No. % No. % No. % 61-70 years old ≥71 years old Total 6 60% 4 40% 10 100.00% Composition Kids (< 7 years old) 1 10.00% 1 10.00% Students 1 10.00% 1 10.00% Labor Force 5 50.00% 3 30.00% 8 80.00% Retired* Total 6 60.00% 4 40.00% 10 100.00% Education Illiterate 2 20.00% 2 20.00% Primary school 1 10.00% 1 10.00% 2 20.00% Middle school 3 30.00% 2 20.00% 5 50.00% High School 1 10.00% 1 10.00% Vocational School College University or Above Total 6 60.00% 4 40.00% 10 100.00% Occupation Seasonal Labor 2 25.00% 2 25.00% Farm worker 3 37.50% 3 37.50% 6 75.00% Total 5 62.50% 3 37.50% 8 100.00% Note: The retired person means female ≥55 years, male≥60 years. Data source: Socioeconomic survey between August and September, 2011.

3.2.2 Land Usage

30. The land to be acquired is 21.6 mu land, of which 16.6 mu are village collective owned marsh land and 5 mu are backfilled reclaimed farmland by the affected households with 4 households or 10 populations to be affected. The average farmland per household is 1.25 mu, with average arable land of 0.5 mu per capita. The land use in the village mainly includes dry land and paddy land. The major agricultural crops are rice and corn, and there is no orchards. The affected households will lose 9.88% of their farmland..

3.2.3 Financial Situation of Households

31. According to the statistical data of the surveyed households, the average annual income is CNY 22,840 per household or 9,163 per capita, of which 35% are from seasonable labor (construction and transportation), 65% from agricultural and sideline. Of the total household income, 77% are contributed by males and 23% by females, thus the majority are contributed by males due to engagement in construction and transportation.Table 3-4 provides the details of the average income of the affected households by gender.

Table 3-4: Average Income of the Affected Households by Gender Average Annual Income of Surveyed Household Income of Income of Total % Male % Female % (CNY) Source of Income (CNY) (CNY) Work (Construction and 7,985 35% 7,985 35% 0 0% Transportation) Agriculture and Sideline 14,855 65% 9,505 42% 5,350 23% Total 22,840 100% 17,490 77% 5,350 23%

32. The results of the survey show that the average annual expenditure per household is CNY 15,510, which is mainly spent on food, accounting for 38% of the total expenditure.

11 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 3-5 shows the details of the average household expenditure of the farmers.

Table 3-5: Expenditure of the Surveyed Rural Households Average Annual Average Annual Expenditure % of Total Expenditure Per Capita Per Household (CNY) Expenditure Expenditure (CNY) Food 2,600 6,500 43% Water & Electricity 60 150 1% Clothes 400 1,000 7% Transportation 50 125 1% Telecommunication 100 250 2% Education 240 600 4% Medical Care 100 250 2% Gifts 80 200 1% Agricultural 2,300 5,750 38% Investment Other 50 125 1% Total 14,950 100%

3.2.4 Vulnerable Groups 33. The results of the survey show that the project will not affect the vulnerable families.

3.2.5 Gender Perspectives on Resettlement

34. When asked the surveyed households on the resettlement issues, the majority of the affected households request fair and timely compensation, employment opportunities, children's education, and timely payment of relevant compensation. For land acquisition, they hope to get fully paid cash compensation and future employment. The surveyed 4 households would like to use compensation payment to do some businesses or get some skills training, and the females also want to work in enterprises, institutions or public welfare positions instead of farming. Table 3-6 provides the opinions and concerns of the APs for resettlement. All of these concerns raised have been incorporated in the planning and implementation of resettlement program, and relevant mitigation measures should be formulated and implemented.

Table 3-6: Opinions and Concerns of the APs on Resettlement Item % of Males % of Females Fair Compensation 100 100 Corresponding Reconstruction Land Timely compensation 100 100 Employment Obtaining Reconstruction Land All Cash Compensation 100 100 Future Employment 30 20 Children’s Education 10 10 Assistance during Resettlement Loss of Family Social Network Others (Government’s Assistance)

35. Of the total affected population, 4 persons or 40% are females, including 3 women are in labor force. There is increasing proportion of women engaging in agricultural and household activities than their male counterparts. As a result, the income made by men from farming and sideline activities is 19% higher than the females. The Luobei County Government and Luobei County Drainage Business Management Division will provide both females and males specific training based on the actual situation of the affected households,

12 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project such as training provision for women to open the businesses of household servant services and grocery store, and for men to open the businesses of construction workers, cargo transportation services, and grocery store, to increase the knowledge and skills required by their new jobs. These jobs will reduce the workload of the APs from the relatively heavy agricultural production activities, and meanwhile to increase their income through the development of service industry.

13 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

4. PUBLIC PARTICIPATION AND INFORMATION DISCLOSURE

4.1 Public Participation Strategy

36. Great attention has been paid to public participation under the Project during the planning, and RP preparation. Comments have been solicited from the affected Village Committee, government organizations and affected households.

4.2 Methods and Measures of Public Participation

37. During the preparation of the project FSR, the IA has held various meetings with the relevant organizations and representatives of Village Committee regarding the land acquisition and resettlement issues and compensation policies. Comments and suggestions have been obtained on the compensation, and livelihood and income rehabilitation plan. The RP has been prepared based on the above.

38. During the Project implementation phase, the IA will encourage local residents to involve in the land acquisition and livelihood rehabilitation and income restoration process.

4.3 Public Participation during RP Preparation

39. During the RP preparation, all relevant organizations and representatives have participated in the following activities:

(i) During the measurement survey of land acquisition and resettlement between August and October 2011, all levels of relevant organizations responsible for land acquisition and resettlement, representatives of village committee (including women) have been involved in the survey activities. During the survey, women were basically on the spots; they carefully checked and read the index investigation final results.

(ii) From August to October 2011, the IA organized many meetings with district leaders, representatives of VC, and APs to publicize the existing national and provincial resettlement policies and ADB’s Involuntary Resettlement Policy. Comments have been solicited from the participants for minimizing the project impacts, and formulating the compensation rates, and resettlement and rehabilitation plan. With extensive consultations, the APs who will be affected with different losses all agree with the cash compensation or replacement resettlement in accordance with the national regulations.

(iii) During resettlement planning period from August to October 2011, PMO, Luobei County Drainage Business Managemnet Division, DI, and other relevant organizations visited the affected village committee and villagers, held meetings with participated leaders of village committee and representatives of villagers to solicit their comments on land acquisition and resettlement, compensation policies and standards, resettlement plan, and restoration measures. These consultation meetings and investigations have generated lots of interests in the resettlement issues and compensation policies, compensation entitlements, and rehabilitation plan.

(iv) In order to strengthen the project awareness and outreach, the IA conducted questionnaire surveys of the affected village committee and the APs from August to October 2011. The survey covered all the households of the village

14 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

committee to be affected by land acquisition; and the result is reliable and reflects the preferences of the APs.

(v) Consultation workshops on environment and resettlement was held between August and October, 2011.

40. The results of the consultation indicate that in general, the APs require cash compensation and providing job opportunities. Some of the interviewed APs want to start business with the compensation or to acquire a skill through training courses and work in enterprises instead of farming. They want to use compensation payment to implement the livelihood and income rehabilitation measures, such as: (i) purchase of social insurance; (ii) development of self-employed tertiary businesses (i.e. construction, grocery store and transportation); and (iii) investment in their children’s education. They expect to seek employment in other institutions, enterprises and businesses through training. The APs are satisfied with the compensation rate, and resettlement and rehabilitation measures, livelihood restoration and social security. However, they also expressed their concerns on fair compensation and timely disbursement of compensation payment.

4.4 Women’s Participation

41. Women in the Project area enjoy equal rights with men and they are playing an important role in project planning, design and implementation. During the field survey, about 75% of women have participated in the survey on land acquisition and inventory indexes. Meanwhile, the local government organized the resettlement consultation meeting and the APs (at least 40% participants are women) were asked to participate in consultation meetings to fully solicit opinion of local women. The major concerns for women are fair compensation standards and timely compensation payment. They would like to get necessary assistance from the local government during the land acquisition and resettlement process as well as provision of preferential policies.

4.5 Information Disclosure

4.5.1 Resettlement Information Brochure

42. In order to help the APs gain a good understanding of the land acquisition and resettlement policies and their entitled rights, the IA has prepared a resettlement information brochure (RIB) for each AHs. Please refer to Appendix 1 for the RIB. The main components of the brochure include: (i) general description (including purpose and location) of the Project and the socioeconomic benefits; (ii) project impacts; (iii) laws, regulations and policies of land acquisition and resettlement; (iv) basic rights and entitlements of the APs; (v) compensation rates; (vi) resettlement and income restoration plan and grievance procedure; and (vii) implementation schedule. The affected persons were satisfied with the compensation rates and the rehabilitation measures proposed. They signed their agreement on the entitlements. The disclosure procedure increased the transparency during the resettlement implementation. At the same time, it advised the APs how they can raise their grievances and appeal through various channels (including the VC, IA ,LRB, and court) and various methods (i.e. by visiting, writing letter or telephone).

4.5.2 Distribution of the Resettlement Plan

43. The draft resettlement plan and RIB was distributed to the affected VC in January 2012. The updated RP and revised RIB was distributed to village committee in May 2012 to any one wishing to consult the document in the affected Dongcai Village. Copies of the RP were kept in the Project affected VC office. At the same time, the RP will be posted on the ADB’s website.

15 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

4.6 Public Participation Plan during RP Implementation

44. In order to address the problems and needs of the APs properly and timely regarding land acquisition and resettlement, further consultations with the APs continued so that all issues were addressed prior to the start of construction and the implementation of the RP. Meetings were arranged by the IA for land acquisition and resettlement, as appropriate. Table 4-1 provides the public consultation activities, and Table 4-2 is the outcome of the consultation process. For smooth and successful implementation of the resettlement plan, the APs were encouraged to actively participate in various land acquisition and resettlement activities.

16 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 4-1: Public Consultation Activities and Process Implementing Purpose of Event Form of Event Timing Target Participants Remarks Agencies 1. Provide briefings to APs Community meetings August to PMO of Luobei All of the APs of LAR Meetings held with APs in the on Project & RP. Solicit and focus group October 2011 County, VC of Dongcai (10 persons and 4 Dongcai Village comments from APs. discussion Village, LCDBMD, households) HIECC 2. Disclosure of RIB Public & community January 2012 PMO of Luobei All of the APs to be Distribution of RIB to all APs meetings and focus County, VC of Dongcai affected by LAR (10 to discuss concerns and group discussions Village, LRB, LCDBMD persons and 4 suggestions on LAR households) programmes

3. Submit the draft of final Public & community January 2012 PMO of Luobei All of the APs to be Distribution of the draft RP to Resettlement Report to APs meetings and focus County, VC of Dongcai affected by LAR (10 APs to discuss concerns & group discussion Village, LCDBMD persons and 4 gaps related to LAR programs households) Accept discussion from all parties and request suggestions and advices 4. Conduct Detailed Site investigations February to PMO of Luobei All APs to be affected Inventory survey of all assets Measurement Survey (DMS) and household March 2012 County, VC of Dongcai by LAR of the Project and land holdings interviews Village, LRB, LCDBMD, HIECC Collection of socioeconomic data 5. Advise APs of Public meetings January 2012 PMO of Luobei Household meetings to All beneficiaries and Entitlements and Dates of County, VC of Dongcai outline entitlements APs of LAR Disbursement Village, LCDBMD 6. Prepare and Disclose Public & community May 2012 PMO of Luobei All parties involved, Meeting with beneficiaries Detailed RP and revised RIB meetings and focus County, VC of Dongcai beneficiaries and APs and APs to the APs Prior to group discussion Village, LCDBMD, affected by LAR of the Submission of the RP to ADB HIECC Project for Approval 7. Monitoring of APs and Household June 2012 to PMO of Luobei Random Sampling Advices provision beneficiaries interviews June 2013 County, VC of Dongcai Village, LCDBMD Monitoring plan

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Table 4-2: Outcome of the Public Consultation Process No. of Key Issues Location Time Means Participants Discussed Raised by the APs Dongcai August, 2011 Resettlement 30 Project description, LAR impacts, and measures to Highly support the Project construction, scope Village survey minimize the LAR impacts. of LAR impacts, LAR timing, and fair and timely resettlement compensation Dongcai August to Consultation 25 Compensation standards, entitlements, relocation Agreement with the compensation rates, Village September, meeting scheme, and income rehabilitation measures. assistance by the local government for the 2011 tertiary industry development, priority given to the APs for employment, and provision of training . Dongcai October, 2011 Focus group 30 Major components of the RP, including the LAR Timely compensation disbursement, Village discussion impacts, laws, regulations and compensation, assistance of the local government for the APs entitlement, resettlement plan and livelihood and to develop tertiary industry, and well income restoration plan, grievance procedures, established grievance procedures. schedule, etc.

18 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

5. APPEALS AND GRIEVANCE PROCEDURES

45. APs can propose any complaint related to resettlement issues and compensation. The Project has established a transparent grievance channel in addition to the existing grievance channels of local government. The first step of grievance procedure established for the Project is through Dongcai village committee, which is localized grievance mechanism. The legal resolution is the last step proposed for the APs in case that the APs are not satisfied with the decisions made during the whole localized grievance process. APs will be informed of the above grievance and appeal procedure through public information meetings, the resettlement information brochure and other media, so that they can fully understand their rights for grievance and appeal. The resettlement implementation organizations should resolve the grievance for the APs timely. The basic grievance procedures include the following steps.

Step 1 46. If any AP is aggrieved by any aspect of the land acquisition and resettlement, he/she can state his/her grievance and appeal to the village committee in oral or in written form. If an oral appeal is made, the community will record it on paper and process it. Village committee will make decision on or resolve it in two weeks. The AP will be informed of the result via written notice.

Step 2 47. If the aggrieved AP is not satisfied with the decision in Stage 1, he/she can appeal to the town government office after receiving the decision; the town government office will reach a decision in two weeks. The AP will be informed of the result via written notice.

Step 3 48. If the aggrieved AP is still not satisfied with the decision of the town government office, he/she will appeal to the PMO of Loubei County and County Land Resources Bureau after receiving the decision. The PMO of Loubei County and County Land Resources Bureau will reach a decision in two weeks. The AP will be informed of the result via written notice.

Step 4 49. If the aggrieved AP is still unsatisfied with the decision of the PMO of Loubei County and County Land Resources Bureau, he/she will appeal to LRB of Hegang City or LRB of Heilongjiang Province after receiving the decision. The LRB of Hegang City or LRB of Heilongjiang Province will reach a decision in two weeks. The AP will be informed of the result via written notice.

Step 5 50. If the AP is still dissatisfied with the decision of the LRB of Hegang City or LRB of Heilongjiang Province, he/she will appeal to the civil division of a people’s court according to the civil procedural law within two weeks after receiving the decision from LRB of Hegang City or LRB of Heilongjiang Province. The AP will be informed of the result via written notice.

51. The APs can appeal on any aspect related with land acquisition and resettlement, including compensation criteria and payment, etc.. If the APs want to complain, they can raise their issues to Luobei County Land Resources Bureau. The person in charge is Section Chief, Mr. Qu Congjun. The telephone number is: 0468—6823501.

52. An independent agency (IMA) will be hired by the PMO of Luobei County for the overall resettlement monitoring and evaluation of the Project. The IMA will inspect and report on the resettlement processes and the operation of the PMO of Luobei County and relevant organizations involved in the LAR implementation at different levels.

19 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

6. LEGAL FRAMEWORK AND POLICIES

6.1 Applicable LAR Laws, Regulations and Policies

53. The PRC has established and implemented laws, regulations, and policies on resettlement and compensation for many infrastructure projects. This Project will follow the related Chinese laws, national and Heilongjiang Province regulations and local laws and policies, and also include comments and suggestions from APs, and meanwhile meet the requirements of ADB’s Safeguard Policy Statement (2009). The primary objective of the land acquisition and resettlement (LAR) program is to ensure that the APs will improve their standards of living, or at least will not be made worse off because of the Project.

54. The land acquisition and resettlement of this Project will be complying with the laws and regulations of PRC, local government and ADB:

(i) Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004; (ii) Land Administration Law of the PRC, amended in 2004; (iii) Implementation Regulation for Land Administration Law of PRC; December 1998; (iv) Notification on Adjusting Newly Added Construction Land Use Fee Collection issued by Ministry of Finance and Ministry of Land Resources [Cai Zong [2002] 93] (v) Temporary Regulations on Farmland Acquisition Tax of PRC, 2008; (vi) Regulations on the Land Management of HLJ Province (2000); (vii) Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province” [Heizhengfa (2011) No. 51](effective on 18th July, 2011) (viii) ADB’s Involuntary Resettlement Policy, 1995; (ix) Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; (x) Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; and, (xi) OM Section F2 - Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila, 2006.

6.2 ADB’s Involuntary Resettlement Policies

55. ADB’s Safeguard Policy Statement (2009) and Resettlement Operations Manual (OM Section F1) have already specified the 3 important elements of the involuntary resettlement: (i) compensation to replace lost assets, livelihood, and income; (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services; and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the Project as without it. Some or all of these elements may be present in a project involving involuntary resettlement. For any ADB operation requiring involuntary resettlement, resettlement planning is an integral part of project design, to be dealt with from the earliest stages of the Project cycle, taking into account the following basic principles: (i) Involuntary resettlement should be avoided whenever feasible. (ii) Where population displacement is unavoidable, it should be minimized by providing viable livelihood options. (iii) Replacing what is lost. If individuals or a community must lose all or part of their land, means of livelihood, or social support systems so that the project can proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash

20 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

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) 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 affected people to share project benefits. 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) Identification. 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 ethnic minority groups. 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 benefits. This includes costs of compensation, relocation and rehabilitation, social preparation and livelihood programs as well as the incremental benefits over the without-project situations (which are included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies. 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

21 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

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.

6.3 Related Laws and Regulation of PRC

56. This Project can be implemented based on the PRC Land Administration Law (effective as of January 1, 1999 and amended in 2004), Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration issued by State Council, October 2004, It also follows the relativeclauses of other laws and regulations.

6.3.1 Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration, issued by State Council, October 2004

57. Article 12: Improving land acquisition compensation practice. People’s Governments at the county level and above shall adopt practical measures to ensure that the farmers whose land is acquired shall not be made worse off. It should be ensured that land compensation fees, resettlement subsidies and compensation for ground attachments and standing crops shall be provided in accordance to applicable laws and regulation in full and in time. If the land compensation fees and resettlement subsidies as stipulated by law still cannot be able to maintain the original standards of the land-losing farmers and are not adequate to cover the social insurance costs of the landless farmers, the provincial government shall approve an increase in the resettlement subsidies. If the sum of the land compensation fees and resettlement subsidies has reached the legal upper limit but still cannot maintain the original living standards of the farmers, the local government can provide additional subsidies with the use of revenues from the sales for the use of state land. The provincial government shall formulate and publicize the standard annual output or regional land prices for land acquisition in the cities and counties under the provincial jurisdiction. The people’s government in provinces, the autonomous regions and municipalities should establish and promulgate the unified annual production standard or regional comprehensive land prices, and make sure that the prices for the LA are the same in the same regions, the national key construction project must include the LA compensation fees into the budget .The standard for LA of large- and medium-sized hydropower project construction and resettlement methods should be regulated by the State Council.

58. Article 13: Properly resettling farmers whose land is acquired. People’s Governments at the county level and above shall formulate concrete measures to guarantee the long-term livelihood of the farmers whose land is taken. The farmers shall be given stocks for land-taking projects that have stable revenues. In a prescribed urban zone, the local government shall place the farmers who are made landless because of land acquisition in the urban employment system, and set up a social insurance system for them. If the acquisition of collective land takes place outside the prescribed urban area, the local government shall set aside essential farmland within the administrative area or assign suitable jobs. Resettlement in distant areas should be considered for farmers who can no longer have adequate land to continue farming. The labor and social insurance departments shall cooperate with other relevant departments to provide guidance on the establishment of employment training and social insurance program for land-losing farmers.

22 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

6.3.2 PRC Land Administration Law

59. The Land Administration Law of the PRC was passed at the 16th session of the Sixth Standing Committee Meeting of the National People’s Congress on June 25, 1986. It was subsequently amended at the Fourth Session of the Ninth Standing Committee Meeting of the National People’s Congress on August 29, 1998. The newly amended law was brought into force on January 1, 1999, according to the Decision on the Amendment to the Land Administration Law of the PRC that was adopted at the Fifth Session of the Seventh Standing Committee Meeting of the National People’s Congress.

60. Artical 47: Land acquired shall be compensated for on the basis of its original purpose of use.

61. Compensation for acquired cultivated land shall include compensation for land, resettlement subsidies and attachments and standing crops on the acquired land. Compensation for acquisition of cultivated land shall be six (6) to ten (10) times the AAOV of the acquired land for three years preceding such acquisition. Resettlement subsidies for acquisition of cultivated land shall be calculated according to the agricultural population to be resettled. The agricultural population to be resettled shall be calculated by dividing the amount of acquired cultivated land by the average amount of the original cultivated land per person for the unit of the land is acquired. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four (4) to six (6) times the AAOV of the acquired cultivated land for three years preceding such acquisition. However, the highest resettlement subsidies for each hectare of the acquired cultivated land shall not exceed fifteen times its AAOV for the three years preceding such acquisition.

62. Standards of land compensation and resettlement subsidies for acquisition of other types of land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government with reference to the standards of compensation and resettlement subsidies for acquisition of cultivated land.

63. Standards for compensation of attachments and standing crops on the acquired land shall be prescribed by provinces, autonomous regions and municipalities directly under the Central Government.

64. For acquisition of vegetable plots in city suburbs, the land users shall pay towards a development and construction fund for new vegetable plots in accordance with the relevant regulations of the State.

65. If land ccompensation and resettlement subsidies paid in accordance with the provisions of the second paragraph of this Article are still insufficient to help the farmers needing resettlement to maintain their original living standards, the resettlement subsidies may be increased upon approval by people's governments of provinces, autonomous regions and municipalities directly under the Central Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the AAOV of the acquired land for the three years preceding such acquisition.

6.3.3 Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province

66. “Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province” [Heizhengfa (2011) No. 51] which is effective on 18th July, 2011

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67. Article 3: The compensation standard is based on the class of the areas. The Integrated land price is the compensation standard.

68. The integrated land price doesn’t include the compensation for standing crops.

69. Article 5: The integrated land price will be adjusted by the local government each 2-3 years and issued by the provincial government.

70. Article 7: 70% of the integrated land price will be paid to the farmers and 30% will be reserved by the village.

6.4 Gaps between ADB and Chinese Policies

71. In comparing the gaps between ADB and PRC policies, Table 6-1 presents that the distinctive differences in the aspects of legal rights or property certificates, and information disclosure and consultation which are lacking in content or in time delays.

Table 6-1: Gaps between ADB and Chinese Policies Differences Comparison Solutions Land There are rules and regulations in PRC Measures should be taken to guarantee compensation related to the relocation compensation. that the APs can accept the rate of The rate of compensation is set by the compensation through negotiation, and local government. But compared to the the compensation should be fair and equivalent policies of ADB, the enough. The IA and RO should transparent and consistent resettlement guarantee that all of the people measures should be adopted to ensure understand the policies, regulations and the APs’ living standards could be kept standards of the resettlement. Improved as the previous level or improved. grievance redress and appeal procedure should be established for the APs, internal and external monitoring mechanism should be set up before the LA and organize monitoring activities during the implementation. Consultation According to the ADB’s requirements for In order to meet the requirements of and RP and the close negotiation among the public consultancy and transparent Information APs, local communities and related services, the project does and will follow Disclosure NGOs, the APs should be allowed to the procedures of ADB. In order to avoid participate in and well informed of the the situation in which the IA and the local negotiation and their rights and choices government are not willing to let the APs of resettlement. Ensure that the APs can informed during the preparation of the participate in the planning, RP, the DMS should be carried out and implementing, and monitoring and the government should make sure the evaluation of the LAR activities. The deadline as early as possible. After the Law on Land Management of PRC put deadline is promulgated, the illegal land forward the related requirements to and temporary construction will not be provide consultancy services, but compensated beyond the deadline. without detailed and concrete items. Photos and videos should be taken on Usually there is no disclosure of the spot so as to prevent people from consultancy and information before the entering. And an efficient channel of LAR is approved in the practical communication should be made available operation because no official information for the APs. about the LAR is completely confirmed during the preparation for the RP, besides, the land owners are not willing to inform the APs.

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6.5 Compensation Criteria and Principles

6.5.1 Entitlement

72. If the APs are those whose (i) land is acquired or (ii) land of parks and protected areas established according to the laws is limited to be used or entered, so that they are forced to move (resettle, lose their inhabitance or living places) and/or are economically forced to transformation (loss of land, property and sources of income or living means). All landowners and users and occupants of structures in the Project areas affected by land acquisition and relocation as a consequence of the Project will be eligible for fair compensation and rehabilitation according to the types of losses and quantities as well as the cut-off date determined by PMO of Luobei County. The cut-off date for the compensation will be announced to all APs immediately afterward, after the completion date of the construction map and investigation; any newly cultivated land, or planting of crops or trees, or structures built after the cut-off date determined by the local government will not be compensated.

6.5.2 Compensation Rate

73. According to the “Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province” [Heizhengfa (2011) No. 51] which is effective on 18th July, 2011, the standard of compensation for the land loss is carried out on the basis of the regulations above in different regions. The standards of compensation for different types of land in different towns and townships are the same. Integrated land price for the acquired land is CNY45 per square meters, which is equivalent to CNY 30,000 per mu, which is 25 times of AAOV. After the discussion and negotiation between the Luobei County Drainage Business Management Division and the APs, the APs have accepted the compensation standards. As the APs are not willing to engage in the agricultural production any more, they are happy to have cash compensation for the development of the tertiary industry. For the loss of village collective land (un-used land), the compensation will be paid to the affected village collective. Standards of the compensation for the land loss (permanent land acquisition) are as follows (Table 6-2).

Table 6-2：Compensation Standards for Permanent Land Acquisition Compensation Standard No. Item CNY/mu 1 Integrated land price (for 5 mu dry land) 30,000 Village(30%) 9,000 AHs(70%) 21,000 2 Integrated land price (for 16.6 mu waste land) 30,000 Village(100%) 30,000

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7 ENTITLEMENT MATRIX

74. From the results of inventory surveys, the major impacts of LAR have been identified based on the nature of losses, and an Entitlement Matrix has been prepared as a guide to compensation payments. The cut-off date of compensation is the completion of DMS. Table7-1 is the Entitlement Matrix for this project. Since farmland will not be reallocated, all the compensation for collective land within villages will be directly paid to the APs and affected village.

Table7-1：Entitlement Matrix on Project Compensation

Type of Impact Compensation Compensation Policy Loss Degree Standards Permanent 16.6 mu 30,000 yuan/mu All compensation will be padi to the village. The Land marshlan /1 village will use the money for the community, Acquisition village including roads, lights. 5 mu dry 30,000 yuan/mu 1. 70 %of the compensation will be paid to land/4 HHs, the Ahs; 10 persons 2. 30% of the compensation will be paid to the village; 3. Each HH will be provided at least one job opportunity during operation and traing will be provided.

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8 RESETTLEMENT AND REHABILITATION PLAN

75. This project will have limited impacts. The land loss per HH is 9.8% and the income loss per HH is only 6.4%. All 4 HHs will only loose less than 10% of their income. Averagely income loos from the land is CNY 1,467 per year.

76. After discussion with the affected HHs, deposit the compensation in the bank plus provision of jobs are the main income restoration measures.

77. During the period of the project construction, APs can look for some income generation opportunities which are mainly for providing service relating to the project construction. For example, if the APs own additional structures, they can provide them to the construction contractors as offices or living space for construction workers; Opening grocery pavilions to provide food, cigarettes, beer, beverage, etc. to the construction team. During the period of the Project construction, PMO and the Implementation Agency will provide 23 temporary jobs per year, such as excavation of water pipe pavement, and transportation of construction materials and sand, etc.

78. During the period of project operation, the APs who are qualified will be hired and receive on-the-job training. The IA will provide at least one job opportunity to each affected family. Women will be given priority to be employed by the Project. After the construction of the project, according to the discussion with the implementing agency, it is planned that 2 greening and maintenance jobs will be provided to the APs, 10 WWTP operation and maintenance, 4 security guard and 2 logistic cleaners, totaling about 18 public welfare positions. Such employment to be generated by the Project will be provided to the APs as priority if they apply for. The ratio of employment for men and women will be 1:2. The salary will be over CNY 1,000 per month. Therefore, the APs will get access to additional income generation opportunities and additional income.

79. From Table 8-1, it’s concluded that the income will be CNY 12,919, which is much higer than the income loss from the land.

Table 8-1: Income Analysis after LA Annual interest from Compensation the bank Land loos standard (interest Annual per HH (mu) (yuan/mu) Compensation rate :3.5%) salary Total 1.25 21,000 26250 919 12,000 12,919

9 COST ESTIMATE

9.1 Compensation and Resettlement Estimate

80. Resettlement cost is included in the overall project budget. The total cost of the RP is expected to CNY2,069,500, equivalent to $324,700 at the price of 2012. It includes 15% contingencies (physical and price contingencies). Cost estimate consists of collective land compensation, other expenses, land related taxes and contingencies. Detailed resettlement cost estimate is listed in Table 9-1.

27 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 9-1: Detailed Resettlement Cost Estimate Unit No. Item Unit Quantity Price Cost Estimate(CNY) (CNY) 1 Permanent Land Acquisition (Collective Land)

Dryland ( Farmers’ backfilled 2 1.1 m 14400 45.00 648,000.00 wasteland reclaimed) 2 Other Costs 144,968.00 2.1 Resettlement Plan 100,000.00 100,000.00 Preparation 2.2 Management Cost 13,608.00 4,267.90 2.3 Monitoring and Evaluation 9,720.00 3,048.50 Cost 2.4 Implementation Management 19,440.00 6,097.00 Cost 2.5 Training cost 2,200.00 2,200.00 3 Land Related Taxes* 1,179,363.67 2 3.1 Land Reclamation Cost m 14400 3 43,200.00 fees charging newly land m2 3.2 2 14400 48 691,200.00 used for building 2 3.3 Security Fee of Flood Control m 14400 1 14,400.00 Land registration, survey and 3.4 372,727.67 others 3.5 other 57,836.00 4 Contingencies 97,200.00 4.1 Physical Contingency Cost 64,800.00 20,323.33 4.2 Price Contingency 32,400.00 10,161.66

Total 2,069,531.67 Note: * Land related taxes is actual costs paid to Luobei Land Resources Bureau.

9.2 Annual Budget

81. According to the project schedule, the LAR activities will start from May 2012 to July 2012, and the monitoring and evaluation will continue in 2013. The annual cash flow is expected to reach 100% of the total or CNY2.0695 million in 2012 Table 9-3 is the annual budget of the resettlement cost.

Table 9-3: Annual Budget of Resettlement Cost Item 2012 Total Total Budget (CNY10,000) 206.95 206.95 Total Budget Ratio (%) 100% 100%

2 The implememting agency needs to pay this fee upfront to the municipal finance bureau to comply with the domestic procedures. Then 30 % goes to the central government and 70% of the fee goes to the provincial financial bureau. As this is public municipal infrastructure project, the provincial finance bureau then sends it back to the municipal finance bureau who then transfers the amount back to the IA.

28 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

9.3 Flow of Funds

82. The compensation for permanent land loss of reclaimed wasteland (including land compensation, resettlement subsidy and standing crops) will be paid to the affected persons at 70% and affected village at 30%. The compensation for marsh land loss will be paid to the affected village.

Table 9-4: Flow of Funds Permanent Collective-owned Land → LCDBMD → PMO VCs → APs Acquisition

RP Preparation → LCDBMD → PMO → Owner

Infrastructure and → LCDBMD → PMO → Owner Special Facilities

Survey and Design Cost → LCDBMD → DI

Office Management Cost → LCDBMD → IA of LAR

Training Cost → LCDBMD → Training Institution

Monitoring and → → LCDBMD IMA Evaluation Cost

29 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

10 LAR IMPLEMENTATION SCHEDULE

10.1 Principles

83. The resettlement schedule for land acquisition and resettlement for the Project will be coordinated with the respective construction schedule. Based on the time schedule of the Project, the land acquisition and resettlement schedule have been developed, reflecting the linkage and consistency between the time schedule of LAR and civil works construction tasks.

84. In order to ensure that all aspects of the RP can be achieved, land acquisition will start at least one month before construction. Before the land acquisition and resettlement, a final measurement survey will be conducted in the affected village, and the contracts with each affected household will be negotiated and signed. The disbursement of compensation should be sufficiently paid.

10.2 LAR Implementation Schedule

85. Resettlement implementation will be scheduled in stages. The Project construction will be started in July 2012 and completed in December 2012. LAR will start from the beginning of May 2012 to July 2012. It is planned that there will no commencement of civil works until all compensation is paid and all livelihood rehabilitation measures are in place. “In place” means that all arrangements are made to commence rehabilitation and APs are registered for these. It is planned that the land acquisition shall be completed before the start of the Project construction.

86. The LAR schedule has been divided into four stages:

1) Land Acquisition and Compensation Planning

(i) Apply for and receive “Planning Land Use Certificate”, and “Construction Land Use Certificate”; (ii) Conduct detailed measurement surveys of the affected area to determine the specific losses eligible for payment of compensation; (iii) Identify poor and vulnerable APs; (iv) Finalize compensation/resettlement strategies in consultation with the local governments, APs and their representatives; (v) Conduct public information/consultations on RP; (vi) Sign contract; and, (vii) Finally confirm the resettlement site.

2) Land Acquisition and Resettlement Activities

(i) Provide compensation payment.

3) Income Restoration

(i) Provision of employment opportunities during the Project construction and operation phases; (ii) Assistance in the identification of employment and business opportunities for APs in the local enterprises and businesses; (iii) Targeted training; (iv) Promotion and development of tertiary industry; and, (v) Special attention paid to the vulnerable groups.

30 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

4) Monitoring

(i) Hire monitoring agency; (ii) Approve TOR by ADB; (iii) Monitor the implementation of LAR; (iv) Monitor income restoration program; (v) Monitor poverty reduction program and assistance provisions to vulnerable groups; and, (vi) Conduct external monitoring of the Project.

87. The resettlement supervision plan is presented in Table 10-1.

Table 10-1: Resettlement Supervision Plan Resettlement Responsible No. Tasks Target Agencies Deadline Status 1 Public Information Resettlement Information IA (LCDBMD), 1.1 Booklet 4APs of 10 HHs PMO, HIECC May 2012 Completed Luobei County Government, Fengxiang Town Resettlement 1 district and 1 Government, and 1.2 Plan Approval village PMO May 2012 Completed Luobei County RP posted on Government, 1.3 ADB Website PMO, LCDBMD June 2012 Planned Luobei County Government, Fengxiang Town RP and Budget Government, and 2. Approval PMO May 2012 Completed 3. Agreement Luobei County Government, Fengxiang Town Government, LCLRB, PMO, 1 district and 1 VCs, LCDBMD 3.1 Compensation village June 2012 Planned PMO, Luobei County Government, 3.2 HHs 4 APs of 10 HHs PMO, VCs June 2012 Planned Land provided for 3.3 civil works July 2012 Planned 4. Detailed plan Village Rehabilitation PMO, LCDBMD, May-December, 4.1 Plan 1 village DI, PMO 2012 Planned No vulnerable PMO, LCDBMD, group was found, Luobei County the identification will Government, Vulnerable continue to project Luobei County Groups implementation and Bureau of Civil August 2012 to- 4.2 Identification Plan completion Affairs, Luobei December 2012 In process

31 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Resettlement Responsible No. Tasks Target Agencies Deadline Status County Social Security Bureau June-December PMO, LCDBMD, 2012- 3.3 APs Training Plan To all APs Training Institute December 2012 Planned Establishment of Implementation PMO, LCDBMD, August 2011 to - 6. Capacity LRB, and others April 2012 In process 7. Monitoring and Evaluation PMO, LCDBMD, 7.1 Baseline Survey 4 HHs or 10 people DI March 2012 Completed Internal PMO, LCDBMD, May, 2012 to 7.2 Monitoring Report Quarterly RO December, 2013 Planned External 7.3 Monitoring Report Semi-Annual IMA December 2013 Planned Resettlement Completion 7.4 Report 1 report IMA December, 2013 Planned PMO, LCDBMD, 8. Consultation Documentation VC In Process PMO, LCDBMD, 9. Appeal Documentation VC In Process 10. Flow of Funds / Compensation To Affected Village 10.1 Committee “……..” PMO, LCDBMD May 2012 10.3 To Affected HHs “……..” PMO, LCDBMD May 2012

32 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

11 INSTITUTIONAL FRAMEWORK

11.1 Project Resettlement Organizational Set-up

88. To ensure that the LA work is able to be implemented smoothly, LCDBMD and its local land resource bureau will appoint personnel to take in charge of the LAR implementation. The personnel who work for LAR will cooperate with the local village committee and the local land resources bureau closely and they will also be responsible to supervise and monitor the rules or regulations on LA and the RP. Table 11-1 is the organizational structure.

89. The IA plays an important role during the RP implementation, the other related departments will also participate in this project. Table 11-1 and 11-2 list all the related agencies and staffing.

Table 11-1: Agencies and Personnel Related to the Resettlement Staffing (No.) Agency Staffing Structure Male Female Civil Servant/The Deputy Director and the Department Supervisor of Luobei Development PMO 2 and Reform Commission with the experience, University education level or above. Deputy Director of Luobei Development and Yang Baoqiang Reform Commission Department Supervisor of Luobei Development Xin Hongbin and Reform Commission Luobei County Drainage Technician with the experience, University Business Management 2 2 education level or above. Division (LCDBMD) Sun Boshuang LCDBMD Zhu Liangbin LCDBMD Zheng Xiuli LCDBMD Civil servant with the experience, University Land Resources Bureau 2 education level or above. Liu Te Luobei Land Resources Bureau Yu Jixian Luobei Land Resources Bureau Affected Village Committee 2 1 Cadre and resettlement representative Wang Yulong Leader of Dongcai Village Zhang Liang Representative of Dongcai Village Chen Meirong Representative of Dongcai Village Legal Advisor Office 1 Lawyer Meng Qingyan Luobei County Legal Advisor Office Design Institute 1 1 Intermediate engineer/senior economist Dong Lijun Senior Economist Yin Hongshui Engineer External Monitoring Agency 1 1 Resettlement expert Harbin Industry University and Academy of Social Xu Zhanchen Sciences Harbin Industry University and Academy of Social Bai Shuying Sciences Total 10 6

33 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 11-2: LA Resettlement Organization Structure

PMO

Legal LRB LCG LCDBMD(IA) Advisor DI Office

Dongcai Village External Committee Monitoring Agency

APs

34 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

11.2 Responsibility

Table 11-3: Responsibility Agencies Agency Responsibility PMO Lead, organize, coordinate and formulate policies for the project; Review the implementation of the RP; Execute project coordination, and organize the project activities; organize and coordinate the RP preparation; Provide assistance to women and other vulnerable groups; Coordinate with the ADB, PMO, MWAB and the other participating departments; Conduct internal supervision and inspection; Make decision for major problems during land acquisition and resettlement process. LCDBMD (IA) Apply for Land Use Planning Certificate and Land Use Construction Certificate to the Land Resources Bureau; Organize Socioeconomic Surveys; Coordinate the local Government and the APs to sign the Land Acquisition and Resettlement Agreement; Pay for the resettlement compensation and monitor the use of compensation fund; Measurement survey of the land acquisition; Conduct, coordinate and monitor the implementation of the RP milestone; Manage the information about the LAR; Organize and internally supervision; decide the external IMA and coordinate the external monitoring work; Report to ADB regarding the LAR, use of compensation fund, and the regular execution; Provide assistance to women and other vulnerable groups; Coordinate and solve the problems during the project implementation; Resolve the legal affairs during the LAR process; Report the LAR implementation to the PMO. Land Resources Implement the relevant policies of the LA; Bureau Participate in checking of the compensation standards for land acquisition and ground attachments; Process and approve the LA; Participate in the measurement and socioeconomic surveys; Participate in the preparations of the RP; Issue Land Use Planning Certificate and Land Use Construction Certificate; Issue Public Notice of LA; Guide, coordinate and supervise the implementation activities of the LAR; Coordinate the handling of conflicts and the problems during the RP implementation. Legal Advisor Office Provide legal consultancy during project implementation; Provide legal assistance in case there is dispute during the process of LAR. LCG Assist the measurement and socioeconomic surveys; Assist the preparations of the RP; Supervise the village collective to implement resettlement plan and rehabilitation plan. Village committee Participate in the measurement and socioeconomic survey and formulation of the resettlement and rehabilitation plan; Participate in the preparation of the RP; Organize public consultation, and publicize policies of LAR; Consult the compensation payment and disbursement; Organize the production and income restoration activities; Organize the development of the tertiary industry; Report the comments and suggestions of the APs to the organizations at upper level;

35 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Agency Responsibility Provide assistance to women and vulnerable groups. Design Institute Minimize the project impacts through optimizing engineering design; Identify the scope of LAR impacts; Conduct measurement and socioeconomic surveys; Assist to prepare the RP; Provide technical consulting of data collection and processing to the PMO and the implementation agency. Independent Provide technical consulting of LAR; Monitoring Agency Act as an independent monitoring agency, provide periodic monitoring for the implementation of the RP, and provide independent evaluation report to the PMO, IA and ADB.

36 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

12 MONITORING, EVALUATION AND REPORTING

90. The PMO and IA will regularly monitor and evaluate the implementation of land acquisition and resettlement activities in order to ensure resettlement work is implemented successfully in accordance with the RP, and to achieve the target of appropriate livelihood restoration for the APs. The monitoring will comprise two components: internal monitoring and external monitoring. Internal monitoring will be mainly conducted by IA and will be overseen by the PMO and Luobei County Government to ensure that organizations involved in implementation of land acquisition and resettlement work comply with the principles and schedules of the RP.

91. The aim of the internal supervision is to encourage the concerned organizations to carry out good performance while the external monitoring and evaluation will be conducted by an independent agency periodically on the activities of land acquisition and resettlement.

92. The scope of monitoring on resettlement will cover data collection, analysis, and the reporting of progress for an internal monitoring while the external monitor will check progress but their main role is to evaluate quality and results of resettlement.

93. Resettlement monitoring will focus on the following two aspects:

(i) Progress of disbursement and provision of entitlements to the APs. (ii) Comparison of APs and VC pre and post resettlement socioeconomic situation, particularly livelihood restoration. Background socioeconomic data collected during the inventory and census surveys will be used in this assessment.

12.1 Internal Monitoring

94. Internal monitoring will be undertaken by the PMO, Land Resources Bureau, and IA to assure the concerned departments to comply with the RP. Internal monitoring and evaluation aims to ensure good performance during the resettlement process.

95. The executive agency, Luobei County Government will take major responsibility of internal monitoring, covering the activities of affected people, entitlement, advice, grievance, problems, efficiency, timing, budget, etc.

(i) Disbursement of entitlements to AP: compensation, employment, and necessary assistance as specified in the RP. (ii) Social adaptability and cohesion: impacts with a gender perspective on APs and vulnerable groups, public participation, non-government’s role, AP’s attitudes and opinions after resettlement, number of complaints and appeal procedures, implementation of preferential policies and income restoration measures, and improvements in women’s status. (iii) Timing of land acquisition, livelihood and income restoration: disbursement of compensation, moving, and updating of resettlement schedule and resettlement budget where required. (iv) Public participation and consultation: Involvement of AP in resettlement implementation as per the public consultation plan outlined in the RP. Review of grievance register and responses to complaints.

96. It is anticipated that internal monitoring reports will be brief documents reporting on progress to date and identification of issues, how issues were resolved, consultations undertaken, and revisions of the resettlement schedule and disbursement of budget where required.

37 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

12.2 External Monitoring and Evaluation

97. Required by ADB, the PMO will appoint an independent monitoring agency (IMA) to carry out the external monitoring and evaluation on resettlement. The independent agency should have good reputation and successful experience and fully understand ADB’s policy and requirements on resettlement. The Luobei County Drainage Business Management Division will sign a contract with this agency. The terms of reference (TOR) for the independent evaluator are listed in Appendix 2.

12.2.1 Objectives and Requirements of M&E

Objectives

98. The objectives of monitoring and evaluation are to assess if the land acquisition and resettlement is implemented in accordance with the RP and if the goals and principles of the RP are achieved. Specifically, monitoring and evaluation will focus on the following aspects of the APs’ situation and the resettlement process.

(i) Economic situation prior to and after displacement of land; (ii) Timely disbursement of funds; (iii) Environmental conditions; (iv) Social adaptability after resettlement; (v) Rehabilitation of the vulnerable groups if identified during implementation process; (vi) Measures taken to restore affected production and livelihoods of the APs and enterprises; and, (vii) Living conditions and economic status of APs following resettlement in comparison to the non-affected household in the Project area.

99. Monitoring and evaluation will include the establishment of socioeconomic baselines of the APs prior to land acquisition, and the regular monitoring during Project implementation, and evaluation of their situation for a period of one or two years afterwards. Qualitative and quantitative methods will be used to evaluate the standard of living of the APs. Investigation will include interviews with IA, local officials, village leaders, and survey of 20-25% of affected households. Focus group discussions can be conducted to address issues related to women, poor, and other vulnerable groups.

Monitoring Indicators

100. The following indicators will be monitored and evaluated in accordance with principles, entitlements and rehabilitation strategies/plans set out in the RP:

(i) Disbursement of entitlements to affected households: compensation, employment, and necessary assistances as specified in the RP. (ii) Development of economic productivity: job opportunities available to APs, number of APs employed or unemployed. (iii) Level of AP’s satisfaction: level of APs’ satisfaction with various aspects of the resettlement program; the operation of the mechanisms for grievance redress will be reviewed and the speed and results of grievance redressal measures will be monitored. (iv) Standard of living: Throughout the whole implementation process, the trends in standards of living will be observed and the potential problems in the way of restoration of standards of living will be identified and reported. The Consultant will carry out a comprehensive socioeconomic survey after the completion of

38 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

resettlement implementation to document the standards of living and the conditions of the APs after resettlement. The survey will be conducted annually, or until most affected households have fully restored their living standards and income generation. (v) Social adaptability and cohesion: impacts on children, the elderly and other vulnerable groups, public participation, APs’ attitudes and reaction to post resettlement situation, number of complaints and appeal procedures and resolution, implementation of preferential policies, income restoration measures, and improvements in women’s status.

Special Considerations

101. Special attention/provisions specified in the RP will be paid to women, the poor and vulnerable groups during the monitoring; these include:

(i) The status and function of women: Closely monitor any change in women’s status, function and situations. At least 40% of APs surveyed will be women. The monitoring and evaluating unit will also provide recommendations and assistance to the PMO and IA in respect of women’s issues. (ii) Care and attention to vulnerable groups: Closely monitor living conditions of the poor, elders, the disabled, and other vulnerable groups after resettlement, to ensure that no hardship is experienced. (iii) Monitoring and evaluation will provide information on utilization and adequacy of resettlement funds. The Audit Bureau will audit resettlement accounts and funds. The details of this audit will be made available to the IMA.

12.2.2 Methodology

102. The methodology of external monitoring and evaluation are listed as follows:

(i) Independent agency will conduct baseline survey on the affected area and acquire the baseline data of APs. The investigation about production and AP’s living conditions will be made every year to measure the change. Sample trace investigation of affected households will be adopted. Irregular interview or site visits will be made to acquire sufficient data for evaluation. (ii) Conduct group discussion and consultation with various groups of people from government, non-government, village and affected people. (iii) Interview with key persons such as village leaders regarding resettlement implementation. (iv) Village public meetings to collect all kinds of information on resettlement. (v) Make direct observation regarding progress of land acquisition and resettlement and visit the individuals or groups. (vi) Informal investigation or interview by non-sampling means such as with the affected people and staff engaged with resettlement.

12.2.3 Major Tasks

103. The IMA will monitor and evaluate the resettlement relative with the project and consolidate their findings and assessment into a report to ADB, IA and other concerned departments. These reports can be helpful in the policy-making by concerned department. The affected people and non-government organizations and communities will participate in the evaluation activities.

39 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

104. External monitoring and evaluation will cover the quality assessment on following the aspects:

(i) Adequacy of compensation and timelines of payment; (ii) Situation of production and living environment pre and post resettlement; bear in mind with a gender perspective; (iii) Livelihood restoration of APs; (iv) Operation and efficiency of the resettlement institution.

12.2.4 Reporting Requirements

105. Internal monitoring reports will be submitted quarterly by project IA to the PMO and PMO will submit it in the progress report to Luobei County Government and ADB. The external M&E reports will be submitted directly to PMO and ADB semiannualy by the External Monitoring Agency.

40 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

APPENDIX 1: RESETTLEMENT INFORMATION BOOKLET

1 Introduction

1. The scope of the Project includes: Fengxiang Town wastewater treatment plant with a processing capacity of 10,000m3/d in 2015 and 12,000m3/d in 2020 by using the TF Units Combining Wastewater Treatment Technology; the newly constructed drainage pipelines is as long as 23.13 km. The water of the wastewater treatment plant will come from the Liming Reservoir and ultimately run to the Songhua River. Primary standard of the Pollutant Discharge Standard for Municipal Wastewater Treatment Plants (GB18918-2002) will be adopted by the plant, which will cover an area of 1.44 ha or 21.6 mu. Luobei County Drainage Affairs Division is the IA of the project.

2 Impacts of the LAR

2. The project needs to acquire 1.44 ha (21.6 mu) of collective-owned land, of which 5 mu are backfilled wasteland reclaimed as dryland voluntarily by the farmers, accounting for 2.87% of total collective-owned land. Given the LA is permanent, a total of 10 persons from 4 households will be affected. There is no temporary land occupation, structure demolition, auxiliaries and infrastructures and special facilities to be affected. No ethnic minorities and vulnerable group will be affected. Table 1 is a summary of the impacts of LAR: Table 2 is a summary of the AHS and APs.

Table 1: Summary of LAR Impacts Total AHs Administrative Jurisdiction Project (Permanent) LA and APs Backfilled Wasteater Reclaimed as County Total Area Wetland AHs APs City Village Dryland Township (No.) (No.) Voluntarily by the Farmers Ha mu Ha mu Ha mu Fengxiang Hegang Town, Dongcai 1.44 21.6 1.11 16.6 0.33 5 4 10 City Luobei Village County Total 1.44 21.6 1.11 16.6 0.33 5 4 10

Table 2: Summary of the AHs and APs (Unit: Number) Administrative Jurisdiction Total AHs and APs City County / Town Village AHs APs Hegang City Fengxiang Town, Luobei County Dongcai Village 4 10 Total 4 10

3. The Project will newly pave 23.13 km pipeline. All pipeline engineering works will be constructed along the roads, and will not involve temporary land occupation. The construction will be carried out by sections, therefore the road will be affected only for one month to three months at maximum and no residents will be affected. It will only cause some inconveniences to local residents, shops and traffics. The cost is included in the engineering cost.

41 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

3 Appeals and Grievance Procedures

4. APs can propose any complaint related to resettlement issues and compensation. The Project has established a transparent grievance channel in addition to the existing grievance channels of local government. The first step of grievance procedure established for the Project is through Dongcai Village Committee, which is localized grievance mechanism. The legal resolution is the last step proposed for the APs in case that the APs are not satisfied with the decisions made during the whole localized grievance process. APs will be informed of the above grievance and appeal procedure through public information meetings, the resettlement information brochure and other media, so that they can fully understand their rights for grievance and appeal. The resettlement implementation organizations should resolve the grievance for the APs timely. The basic grievance procedures include the following steps.

Step 1 5. If any AP is aggrieved by any aspect of the land acquisition and resettlement, he/she can state his/her grievance and appeal to the village committee in oral or in written form. If an oral appeal is made, the community will record it on paper and process it. Village committee will make decision on or resolve it in two weeks. The AP will be informed of the result via written notice.

Step 2 6. If the aggrieved AP is not satisfied with the decision in Stage 1, he/she can appeal to the town government office after receiving the decision; the town government office will reach a decision in two weeks. The AP will be informed of the result via written notice.

Step 3 7. If the aggrieved AP is still not satisfied with the decision of the town government office, he/she will appeal to the PMO of Loubei County and County Land Resources Bureau after receiving the decision. The PMO of Loubei County and County Land Resources Bureau will reach a decision in two weeks. The AP will be informed of the result via written notice.

Step 4 8. If the aggrieved AP is still unsatisfied with the decision of the PMO of Loubei County and County Land Resources Bureau, he/she will appeal to LRB of Hegang City or LRB of Heilongjiang Province after receiving the decision. The LRB of Hegang City or LRB of Heilongjiang Province will reach a decision in two weeks. The AP will be informed of the result via written notice.

Step 5 9. If the AP is still dissatisfied with the decision of the LRB of Hegang City or LRB of Heilongjiang Province, he/she will appeal to the civil division of a people’s court according to the civil procedural law within 2 weeks after receiving the decision from LRB of Hegang City or LRB of Heilongjiang Province. The AP will be informed of the result via written notice.

10. The APs can appeal on any aspect related with land acquisition and resettlement, including compensation criteria and payment, etc.. If the APs want to complain, they can raise their issues to Luobei County Land Resources Bureau. The person in charge is Section Chief, Mr. Qu Congjun. The telephone number is: 0468—6823501.

11. An independent agency (IMA) will be hired by the PMO of Luobei County for the overall resettlement monitoring and evaluation of the Project. The IMA will inspect and report on the resettlement processes and the operation of the PMO of Luobei County and relevant organizations involved in the LAR implementation at different levels.

42 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

4 Legal Frame and Policies

12. The primary objective of the land acquisition and resettlement (LAR) program is to ensure that the APs will improve their standards of living, or at least will not be made worse off because of the Project. Land acquisition and resettlement of this Project will be implemented according to the laws and regulations of PRC, local government and ADB:

(i) Document 28: State Council Decision to Deepen Reform and Strictly Enforce Land Administration in October, 2004; (ii) Land Administration Law of the PRC, amended in 2004; (iii) Implementation Regulation for Land Administration Law of PRC; December 1998; (iv) Notification on Adjusting Newly Added Construction Land Use Fee Collection issued by Ministry of Finance and Ministry of Land Resources [Cai Zong [2002] 93]; (v) Temporary Regulations on Farmland Acquisition Tax of PRC, 2008; (vi) Regulations on the Land Management of HLJ Province (2000); (vii) Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province” [Heizhengfa (2011) No. 51] (viii) ADB’s Involuntary Resettlement Policy, 1995; (ix) Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; (x) Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; and, (xi) OM Section F2 - Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila, 2006.

4.1 Compensation Standards 13. According to the “Implementation Measures for Integrated Land Price for Land Acquisition in Heilongjiang Province” [Heizhengfa (2011) No. 51] which is effective on 18th July, 2011, the standard of compensation for the land loss is carried out on the basis of the regulations above in different regions. The standards of compensation for different types of land in different towns and townships are the same. Integrated land price for the acquired land is CNY 45 per square meters, which is equivalent to CNY 30,000 per mu. After the discussion and negotiation between the Luobei County Drainage Business Management Division and the APs, the APs have accepted the compensation standards. As the APs are not willing to engage in the agricultural production any more, they are happy to have cash compensation for the development of the tertiary industry. For the loss of village collective land (un-used land), the compensation will be paid to the affected village collective. Standards of the compensation for the land loss (permanent land acquisition) are as follows (Table 3).

Table 3：Compensation Standards for Permanent Land Acquisition Compensation Standard No. Item CNY/mu 1 Integrated land price (for 5 mu dry land) 30,000 Village(30%) 9,000 AHs(70%) 21,000 Integrated land price (for 16.6 mu waste 2 30,000 land) Village(100%) 30,000

43 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

Table 4: Entitlement Matrix Type of Loss Impact Degree Compensation Compensation Policy Standards Permanent Land 16.6 mu 30,000 yuan/mu All compensation will be padi to the Acquisition marshlan /1 village. village 5 mu dry land/4 30,000 yuan/mu 1. 70 %of the compensation will be HHs, 10 paid to the Ahs; persons 2. 30% of the compensation will be paid to the village; 3. Each HH will be provided one job during operation and traing will be provided.

5 Resettlement and Rehabilitation Plan 14. During the period of the project construction, APs can look for some income generation opportunities which are mainly for providing service relating to the project construction. For example, if the APs own additional structures, they can provide them to the construction contractors as offices or living space for construction workers; Opening grocery pavilions to provide food, cigarettes, beer, beverage, etc. to the construction team. During the period of the Project construction, PMO and the Implementation Agency will provide 23 temporary jobs per year, such as excavation of water pipe pavement, and transportation of construction materials and sand, etc.

15. During the period of project operation, the APs who are qualified will be hired and receive on-the-job training. The IA will provide at least one job opportunity to each affected family. Women will be given priority to be employed by the Project. After the construction of the project, according to the discussion with the implementing agency, it is planned that 2 greening and maintenance jobs will be provided to the APs, 10 WWTP operation and maintenance, 4 security guard and 2 logistic cleaners, totaling about 18 public welfare positions. Such employment to be generated by the Project will be provided to the APs as priority if they apply for. The ratio of employment for men and women will be 1:2. The salary will be over CNY 1,000 per month. Therefore, the APs will get access to additional income generation opportunities and additional income.

6 Cost Evaluation

16. Resettlement cost is included in the overall project budget. The total cost of the RP is CNY2.0695 million, equivalent to USD 324,700 at the price of 2011. Cost estimate consists of collective land compensation, other expenses, land related taxes and contingencies. The Project construction will be started in May 2012 and completed in December 2012. The LAR implementation will be scheduled between May 2012 and July 2012, and monitoring and evaluating will last to 2013. It is planned that there will be no commencement of civil works until all compensation is paid and all livelihood rehabilitation measures are in place. “In place” means that all arrangements are made to commence rehabilitation and APs are registered for these. Both Internal Monitoring and External Monitoring will be carried to ensure smooth implementation of RP.

44 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

APPENDIX 2: TOR FOR EXTERNAL MONITORING AND EVALUATION

1 Introduction

1. According to the requirements stipulated in the “Regulations on Construction Supervision” promulgated by the Ministry of Construction of the People’s Republic of China (PRC) in 1995, all construction projects shall be properly supervised. It is also a requirement of the Asian Development Bank (ADB) of loan projects that result in land acquisition and resettlement be properly monitored and evaluated. In order for the implementation of the land acquisition and resettlement program of the Project to comply with the provisions of the Resettlement Plan (RP), monitoring of implementation, both “internal” and “external”, will be carried out during and after the implementation of the Project.

2. An independent monitoring agency (Monitor) will be engaged through competitive tenders for the external supervision, monitoring and evaluation. The Consultant will be a PRC consulting entity who has experience in ADB or World Bank projects dealing with resettlement issues.

3. Monitoring and evaluation will include, but not be limited to:

(i) Monitor the progress and effectiveness of RP implementation; and, (ii) Evaluate of income restoration and post-resettlement condition of the APs and host communities.

2 Objectives and Requirements of Monitoring and Evaluation

4. The objectives of monitoring and evaluation are to assess if the land acquisition and resettlement is implemented in accordance with the RP and if the goals and principles of the RP are achieved. Specifically, monitoring and evaluation will focus on the following aspects of the APs’ situation and the resettlement process.

(i) Timely disbursement of compensation funds; (ii) Environment condition; (iii) Social adaptability after resettlement; (iv) Rehabilitation of the vulnerable groups; (v) Measures taken to restore affected production and livelihood of the APs; (vi) Living conditions and economic status of APs following resettlement in comparison to the non-affected household in the Project area.

5. Monitoring and evaluation will include the establishment of socioeconomic baselines of the APs prior to land acquisition or physical relocation, and the regular monitoring of their relocation or adjustment during Project implementation, and evaluation of their situation for a period of one or two years afterwards. Qualitative and quantitative methods will be used to evaluate the standard of living of the APs. Investigation will include interviews with IA, local officials, village leaders, and survey of 20-25% of affected households. Focus group discussions can be conducted to address issues related to women, poor, and other vulnerable groups.

3 Monitoring Indicators

6. The following indicators will be monitored and evaluated in accordance with principles, entitlements and rehabilitation strategies/plans set out in the RP:

(i) Disclosure of entitlements to affected households: compensation, employment,

45 Resettlement Plan of Luobei County Fengxiang Town Drainage and Wastewater Treatment Project

and necessary assistance as specified in the RP. (ii) Development of economic productivity: job opportunities available to APs, number of APs employed or unemployed. (iii) Level of AP’s satisfaction: level of APs’ satisfaction with various aspects of the resettlement program; the operation of the mechanisms for grievance redress will be reviewed and the speed and results of grievance redressal measures will be monitored. (iv) Standard of living: Throughout the implementation process, the trends in standards of living will be observed and the potential problems in the way of restoration of standards of living will be identified and reported. The Consultant will carry out a comprehensive socioeconomic survey after the completion of resettlement implementation to document the standards of living and the conditions of the APs after resettlement. The survey will be conducted annually for two years, or until most affected households have fully restored their living standards and income generation. (v) Social adaptability and cohesion: impacts on children, the elderly and other vulnerable groups, public participation, APs’ attitudes and reaction to post resettlement situation, number of complaints and appeal procedures and resolution, implementation of preferential policies, income restoration measures, and improvements in women’s status.

4 Special Considerations

7. Special attention/provisions specified in the RP will be paid to women, the poor and vulnerable groups during monitoring; these include:

(i) The status and function of women: Closely monitor any change in women’s status, function and situations. At least 40 % of APs surveyed will be women. The monitoring and evaluation agency will also provide recommendations and assistance to the EA in respect of women’s issues. (ii) Care and attention to vulnerable groups if identified during implementation process: closely monitor living conditions of the poor, elders, the disabled, and other vulnerable groups after resettlement, to ensure that no hardship is experienced. (iii) Monitoring and evaluation will provide information on utilization and adequacy of resettlement funds. The Audit Bureau will audit resettlement accounts and funds. The details of this audit will be made available to the IMA.

5 Contents and Distribution of Independent Monitoring Reports

8. A monitoring report will include, among other things:

(i) conclusion of investigation and evaluation; (ii) major existing and potential problems; (iii) recommended mitigation or prevention measures which will be incorporated into a revised plan if necessary; and, (iv) assessment of previous follow-up actions.

9. Independent monitoring agencies will submit a copying-press of report to the ADB. PMO will also submit a resettlement completion report to the ADB and then submit to ADB the impact evaluation report after resettlement from the monitoring agencies. The report should provide more proof to confirm that many bad influences has been ceased; affected household's income has been restored to the same level with the residents being not affected at least.

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6 Monitoring Plan

10. Table 1 provides resettlement monitoring and evaluation schedule.

Table 1: Resettlement Monitoring and Evaluation Schedule No. Monitoring and Evaluation Report Date 1 Baseline Survey of Socioeconomic Information April 30 2012 2 1st M&E Report June 30, 2012 3 2nd M&E Report December 31, 2012 4 3rd M&E report June 30, 2013 5 Resettlement completion Report December 31, 2013

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