RP734 Urban Area Rivers Upgrading & Flood Controlling Project of Three Counties in Xining — Funded By World Bank Public Disclosure Authorized Urban Area Rivers Upgrading & Flood Controlling Project of Three Counties In Xining Resettlement Action Plan Public Disclosure Authorized Public Disclosure Authorized October, 2008 Endorsement Letter for the Resettlement Plan Public Disclosure Authorized Xining Municipal Government has applied for a loan from WB to finance Urban Area Rivers Upgrading & Flood Controlling Project of Three Counties in Xining. Therefore, the Project must be implemented in compliance with ADB safeguard requirements. This Resettlement Plan is prepared in accordance with the laws of the 1 PRC, Qinghai Province and Xining Municipality, as well as WB’s Policy on Involuntary Resettlement and it constitutes the basis for land acquisition, house demolition and resettlement of the project. Xining Municipal Government hereby confirms the content of this Resettlement Plan and will guarantee the land acquisition, compensation and relocation budget being provided according to the provisions of this Resettlement Plan. This Resettlement Plan is based on the feasibility study report and the initial surveys. If the final implemented components are different from the contents described in the feasibility study report and that will cause the substantial impact on the Resettlement Plan, this Resettlement Plan should be future modified and approved by WB before its implementation. Xining Municipal People’s Government __________ (Signature) _____________ (Date) 2 Preface I. The objective of Resettlement Action Plan 1 This Resettlement Action Plan is formulated on the basis of the laws, regulations and policies of the People’s Republic of China, and Local Government as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Displaced persons (DPs) to ensure that they will benefit from the project and their standards of living will be improved or at least be restored after the project impact. II. Definition of Relative Terms DPs 2 Criteria for Eligibility. Displaced persons may be classified in one of the following three groups: a those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country); b those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the resettlement plan; and c Those who have no recognizable legal right or claim to the land they are occupying. 3 Persons covered under 2(a) and 2(b) are provided compensation for the land they lose and other assistance. Persons covered under 2(c) are provided resettlement assistance in lieu of compensation for land they occupy and other assistance, as necessary, to achieve objectives set out in this policy, if they occupy the project area prior to a cut-off date established by the borrower and acceptable to the World Bank1 . Those who encroach on this area after cut-off date are not entitled to the compensation or any other resettlement assistance. All persons included in 2(a), 2(b) and 2(c) are provided compensation for loss of assets other than land. Compensation and Resettlement Measures 4 In order to address the impacts caused by compulsive land acquisition resulting in (i) relocating or loss of shelter; (ii) lost of assets or access to assets; (iii) loss of income source or means of livelihood, whether or not the affected persons must move to another location, an RAP or Resettlement Policy Framework (RPF) should be prepared that covers the following: a The resettlement plan or resettlement policy framework includes measures to ensure DPs are i Informed about their options and rights pertaining to resettlement; ii Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and 1 Normally, the cut-off date in this project is Setp.16, 2008. The cut-off date could also be the date the project area was delineated, prior to the census, provided that there has been an effective public dissemination of information on the area delineated and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. 3 iii Provided prompt and effective compensation at replacement cost2 for losses of assets attributable directly to the project. b if the impacts include physical relocation, the resettlement or resettlement policy framework should include measure to ensure that the displaced persons are i provided assistance (such as moving allowance) during the relocation; ii provided with residential house, or house sites, as required, agricultural sites for which a combination of productive potential, vocational advantages, and other factors is at least equivalent to the advantages of the old site. c Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also include measures to ensure that displaced persons are i offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; ii Provided with development assistance in addition to compensation measures described in paragraph 4(a) (iii), such as land preparation, credit facilities, training, or job opportunities. 5 cut-off date: the date in this project refers to the date that bulletin of land acquisition and house demolition is issued. DPs are not allowed to build new house, expand the building, rebuild, change the usage of house and land, lease land, or rent/bargain the house. Besides, persons moving into project areas after this date are not entitled to be compensated 2 Replacement Cost means the method of valuing assets to replace the loss at market value plus any transaction costs. When this method is adopted, the depreciation of construction and property is left out of account. 4 CONTENT 1 BASIC SITUATIONS OF THE PROJECT................................................................................. 1 1.1 BRIEF INTRODUCTION OF PROJECT....................................................................................... 1 1.2 PREPARATION AND PROGRESS OF PROJECT ......................................................................... 1 1.3 AREAS EFFECTED AND SERVED BY THE PROJECT ................................................................ 1 1.3.1 Areas Served by the Project ............................................................................................... 1 1.3.2 Areas Effected by the Project............................................................................................. 3 1.4 SOCIAL-ECONOMIC BACKGROUND OF THE AREAS EFFECTED BY THE PROJECT.................. 4 1.5 TOTAL INVESTMENT AND CAPITAL SOURCE ......................................................................... 5 1.6 MEASURES TAKEN TO DECREASE AFFECTS ......................................................................... 5 1.7 INTERRELATED PROJECTS................................................................................................... 6 2 PROJECT IMPACTS.................................................................................................................... 9 2.1 PROJECT IMPACT SURVEY..................................................................................................... 9 2.2 PROJECT IMPACT SCOPE ....................................................................................................... 9 2.3 COLLECTIVE LAND ACQUISITION ........................................................................................10 2.4 PERMANENT STATE-OWNED LAND OCCUPATION...................................................................14 2.5 TEMPORARY LAND OCCUPATION ........................................................................................14 2.6 DEMOLITION OF RURAL RESIDENTIAL HOUSE....................................................................14 2.7 AFFECTED ENTERPRISES ......................................................................................................18 2.8 AFFECTED POPULATION.......................................................................................................22 2.9 VULNERABLE GROUP AND FLOATING POPULATION ...........................................................22 2.10 AFFECTED INFRASTRUCTURE AND GROUND ATTACHMENTS .............................................23 3 SOCIO-ECONOMIC SURVEY RESULTS................................................................................25 3.1 SOCIO-ECONOMIC SURVEY RESULTS OF TOWN, STREET AND VILLAGES AFFECTED BY PERMANENT LAND ACQUISITION .......................................................................................................25 3.2 SAMPLING SURVEY RESULTS OF BASIC CONDITIONS OF AFFECTED RURAL RESIDENTS FAMILY 26 3.2.1 Distributing Condition by Age ..........................................................................................26 3.2.2 Distributing Condition by education.................................................................................26 3.2.3 Condition of Producing Material......................................................................................27 3.2.4 Acreage of House Construction ........................................................................................27