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 3.2.5 Family Annual Income and Expenditure...... 27 3.3 SURVEY OF BASIC CONDITIONS OF AFFECTED ENTERPRISES AND INSTITUTES...... 29 4 LEGAL AND POLICY FRAMEWORK ...... 36 4.1 LAWS AND POLICIES REFERRED IN RESETTLEMENT ...... 36 4.1.1 State Laws and Regulations ...... 36 4.1.2 Local Laws and Regulations:...... 36 4.1.3 WB Policy...... 36 4.2 LAWS AND POLICY ITEMS INVOLVED IN RESETTLEMENT ...... 36 4.3 RESETTLEMENT POLICIES OF THE PROJECT ...... 54 4.3.1 Policy of Collective Land Compensation and Labor Resettlement ...... 55 4.3.2 Compensation Policy on Permanent State-owned Occupation...... 56 4.3.3 Resettlement Policy on Rural Residential House Demolition ...... 56 4.3.4 Resettlement Policy on Non-Residential House Demolition ...... 57 4.3.5 Resettlement Policy on Vulnerable Groups...... 58 4.3.6 Compensation Policy for Infrastructure and Affected Ground Attachments...... 59
1 5 COMPENSATION...... 60 5.1 COMPENSATION STANDARD FOR RURAL COLLECTIVE LAND ACQUISITION...... 60 5.2 COMPENSATION STANDARD FOR STATE OWNED LAND...... 62 5.3 COMPENSATION STANDARD FOR RURAL RESIDENTIAL HOUSE DEMOLITION ...... 62 5.4 COMPENSATION STANDARD FOR NONRESIDENTIAL HOUSES ...... 63 5.5 COMPENSATION STANDARD FOR GROUND ATTACHMENT...... 64 5.6 STANDARD FOR OTHER FEES ...... 66 6 RESETTLEMENT SCHEME...... 67 6.1 RESETTLEMENT OBJECTIVES...... 67 6.2 RESETTLEMENT PRINCIPLES...... 67 6.2.1 Principle of Reducing Resettlers as much as possible ...... 67 6.2.2 Principle of Equally Compensating ...... 67 6.2.3 Principle of Focusing on Emphasis ...... 68 6.3 RESETTLEMENT FOR PERMANENT LAND ACQUISITION...... 69 6.3.1 Impacts Analysis...... 70 6.3.2 Relocation Measures...... 75 6.3.3 Income Rehabilitation Scheme for the Affected Villages...... 77 6.4 RESETTLEMENT FOR RURAL HOUSE DEMOLITION...... 92 6.5 RESETTLEMENT FOR ENTERPRISE HOUSE DEMOLITION ...... 94 6.6 VULNERABLE GROUPS...... 94 6.7 AFFECTED INFRASTRUCTURE AND GROUND ATTACHMENT ...... 95 7 PUBLIC PARTICIPATION...... 96 7.1 PUBLIC PARTICIPATION AND STRATEGY...... 96 7.2 PUBLIC PARTICIPATION PROCESS AND POLICY DISCLOSURE ...... 96 8 GRIEVANCE AND COMPLAINT PROCEDURE ...... 99 9 INSTITUTIONAL ARRANGEMENT...... 101 9.1 IMPLEMENTATION INSTITUTES ...... 101 9.2 FIGURE INSTITUTES CHART ...... 102 9.3 RESPONSIBILITIES OF EACH INSTITUTES...... 103 9.3.1 Xining WB Project Leading Team...... 103 9.3.2 Xining WB Project Office...... 103 9.3.3 Xining (district) Demolition Management Office...... 104 9.3.4 Xining (district) Land and Natural Resource Bureau ...... 104 9.3.5 Xining Land Acquisition Office...... 105 9.3.6 Designing insitution ...... 105 9.3.7 Independent Monitoring Institution ...... 105 9.4 INSTITUTIONAL SENIORITY AND STAFFING...... 106 9.5 MEASURES FOR STRENGTHENING INSTITUTIONAL CAPACITY ...... 106 10 TABLE OF IMPLEMENTATION SCHEDULE ...... 109 10.1 PRINCIPLE OF PROGRESS JOINT OF RESETTLEMENT AND CONSTRUCTION...... 109 10.2 TIMETABLE OF KEY TASKS IN RESETTLEMENT IMPLEMENTATION...... 109 10.2.1 Principles of Scheduling ...... 109 10.2.2 Overall Schedule of Resettlement...... 110 11 EXPENSE AND BUDGET ...... 112 11.1 EXPENSE ...... 112 11.2 ANNUAL CAPITAL UTILIZING PLAN ...... 118 11.3 RESETTLEMENT CAPITAL RESOURCE...... 118
2 11.4 CAPITAL FLOW AND ALLOCATION PLAN...... 118 11.4.1 Capital Flow ...... 118 11.4.2 Allocation and Management ...... 119 12 MONITORING AND EVALUATION...... 121 12.1 INTERNAL MONITORING...... 122 12.1.1 Implementation Procedures ...... 122 12.1.2 Monitoring Content...... 123 12.1.3 Internal Monitoring Report...... 123 12.2 EXTERNAL MONITORING AND EVALUATION ...... 123 12.2.1 External Independent Monitoring Institute ...... 123 12.2.2 Monitoring Procedure and Contents...... 123 12.3 MONITORING INDICATOR...... 125 12.4 POST EVALUATION...... 126 13 ENTITLEMENT MATRIX...... 127 ANNEX 1 SOCIO-ECONOMIC INVESTIGATION ON AFFECTED TOWNS/STREETS...... 129 ANNEX 2 SOCIO-ECONOMIC SURVEY OF THE AFFECTED VILLAGES ...... 130 ANNEX 3 SETTING POINTS OF RURAL RESIDENTIAL HOUSE...... 138 ANNEX 4 TOR FOR INDEPENDENT MONITORING AND EVALUATION...... 140 ANNEX 5 PROCESS FRAMEWORK ...... 144 ANNEX 6 RESETTLEMENT POLICY FRAMEWORK ...... 160
3 TABLE LIST
TABLE 1-1 BRIEF INTRODUCTION OF THE PROJECT ...... 1 TABLE 1-2 RESETTLEMENT IMPACT ...... 4 TABLE 2-1 SURVEY SCOPE OF EFFECTED AREA...... 9 TABLE 2-2 VILLAGES EFFECTED BY THE PROJECT...... 10 TABLE 2-3 AFFECTED COLLECTIVE LAND ACQUISITION ...... 12 TABLE 2-4 AFFECTED RURAL RESIDENTIAL HOUSES ...... 16 TABLE 2-5 AFFECTED ENTERPRISES...... 19 TABLE 2-6 EFFECTED POPULATION...... 22 TABLE 2-7 CONDITIONS OF AFFECTED VULNERABLE GROUPS ...... 23 TABLE 2-8 AFFECTED GROUND ATTACHMENTS...... 23 TABLE 3-1 ANNUAL INCOME AND EXPENDITURE STRUCTURE OF SURVEYED RURAL HOUSEHOLDS ....28 TABLE 3-2 BASIC SITUATION OF EFFECTED ENTERPRISES ...... 30 TABLE 5-1 COMPENSATION STANDARD FOR PERMANENT LAND ACQUISITION ...... 61 TABLE 5-2 COMPENSATION STANDARD FOR RURAL RESIDENTIAL HOUSE...... 62 TABLE 5-3 INVESTIGATION ON REPLACEMENT PRICE OF RURAL RESIDENTIAL HOUSE ...... 63 TABLE 5-4 COMPARISON BETWEEN REPLACEMENT PRICE AND COMPENSATION STANDARD ...... 63 TABLE 5-5 COMPENSATION STANDARD FOR HOUSES OF INSTITUTIONS AND ENTERPRISES ...... 64 TABLE 5-6 COMPENSATION STANDARD FOR AFFECTED GROUND ATTACHMENT ...... 64 TABLE 5-7 THE STANDARD FOR RESETTLEMENT EXPENSES OF TAXATION ...... 66 TABLE 6-1 IMPACT ANALYSIS ON LAND ACQUISITION...... 71 TABLE 6-2 LOSS ANALYSIS ON PLOWLAND...... 73 TABLE 6-3 INCOME LOSS AND THE COMPENSATION OF HONGXING VILLAGE...... 78 TABLE 6-4 INCOME REHABILITATION MEASURES OF HONGXING VILLAGE...... 79 TABLE 6-5 THE PREDICTED INCOME REHABILITATION OF HONGXING VILLAGE ...... 79 TABLE 6-6 INCOME LOSS AND THE COMPENSATION OF XINAN VILLAGE ...... 80 TABLE 6-7 INCOME REHABILITATION MEASURES OF XINAN VILLAGE ...... 81 TABLE 6-8 THE PREDICTED INCOME REHABILITATION OF XINAN VILLAGE...... 81 TABLE 6-9 INCOME LOSS AND THE COMPENSATION OF XINAN VILLAGE ...... 81 TABLE 6-10 INCOME REHABILITATION MEASURES OF SHUIMO VILLAGE ...... 82 TABLE 6-11 THE PREDICTED INCOME REHABILITATION OF SHUIMO VILLAGE...... 83 TABLE 6-12 INCOME LOSS AND THE COMPENSATION OF HONGGUANG VILLAGE ...... 84 TABLE 6-13 INCOME REHABILITATION MEASURES OF HONGGUANG VILLAGE...... 84 TABLE 6-14 THE PREDICTED INCOME REHABILITATION OF HONGGUANG VILLAGE ...... 84 TABLE 6-15 INCOME LOSS AND THE COMPENSATION OF ERSHILIPU VILLAGE...... 85 TABLE 6-16 INCOME REHABILITATION MEASURES OF ERSHILIPU VILLAGE ...... 86 TABLE 6-17 THE PREDICTED INCOME REHABILITATION OF ERSHILIPU VILLAGE...... 86 TABLE 6-18 INCOME LOSS AND THE COMPENSATION OF JIUJIAWAN VILLAGE ...... 87 TABLE 6-19 INCOME REHABILITATION MEASURES OF JIUJIAWAN VILLAGE ...... 87 TABLE 6-20 THE PREDICTED INCOME REHABILITATION OF JIUJIAWAN VILLAGE...... 88 TABLE 6-21 INCOME LOSS AND THE COMPENSATION OF JIUJIAWAN VILLAGE ...... 88 TABLE 6-22 INCOME REHABILITATION MEASURES OF JIUJIAWAN VILLAGE ...... 89 TABLE 6-23 THE PREDICTED INCOME REHABILITATION OF JIUJIAWAN VILLAGE...... 89 TABLE 6-24 INCOME LOSS AND THE COMPENSATION OF SHUANGSUBAO VILLAGE...... 90 TABLE 6-25 INCOME REHABILITATION MEASURES OF SHUANGSUBAO VILLAGE ...... 90 TABLE 6-26 THE PREDICTED INCOME REHABILITATION OF SHUANGSUBAO VILLAGE...... 91 TABLE 6-27 INCOME LOSS AND THE COMPENSATION OF TAOXIN VILLAGE...... 91 TABLE 6-28 INCOME REHABILITATION MEASURES OF TAOXIN VILLAGE ...... 92 TABLE 6-29 THE PREDICTED INCOME REHABILITATION OF TAOXIN VILLAGE ...... 92 TABLE 6-30 CLASSIFICATION TABLE OF RURAL HOUSE ACREAGE ...... 92 TABLE 6-31 RESETTLEMENT OPTIONS OF RURAL RESIDENTS...... 93 TABLE 7-1 PUBLIC PARTICIPATION PROCESS OF AFFECTED POPULATION ...... 97 TABLE 7-2 POLICY DISCLOSURE PROCESS...... 97 TABLE 9-1 STAFFING OF THE RESETTLEMENT INSTITUTES INVOLVED IN THE PROJECT ...... 106 TABLE 9-2 TRAINING PLAN FOR RESETTLEMENT ...... 107 TABLE 10-1 SCHEDULE FOR LAND ACQUISITION AND HOUSE DEMOLITION ...... 111 TABLE 11-1 BUDGET FOR RESETTLEMENT COMPENSATION ...... 113 1 TABLE 11-2 ANNUAL INVESTMENT PLAN...... 118 TABLE 13-1 ENTITLEMENT MATRIX...... 127
CHART LIST CHART 2-1 EFFECTED COLLECTIVE LAND ...... 11 CHART 2-2 AFFECTED RURAL RESIDENTIAL HOUSES ...... 15 CHART 2-3 AFFECTED ENTERPRISES ...... 18 CHART 3-1 DISTRIBUTING CONDITION BY AGE...... 26 CHART 3-2 DISTRIBUTING CONDITION EDUCATION...... 27 CHART 8-1 GRIEVANCE AND COMPLAINT PROCEDURE ...... 100 CHART 11-1 CAPITAL FLOW ...... 119
2 Basic situations of the project
Brief introduction of project Xining city is the capital city of Qinghai province, which is located in the upper reaches of Yellow River with million populations that is the center of politics, economy, science and technology, culture and transportation of Qinghai province. Locating in the east of Qinghai province, it lies at the middle reaches valley of Huangshui River which is the main branch of Yellow River, is around by mountains and the meeting part of Huangshui River, Nanchuan River and Beichuan River. Three streams flows to meet in the west, south and north direction and flow east to small valley out. Owing to locating in the canyon, it is a mountainous city which is around by steep mountains that has poor vegetation in mountainous area with loosen land nature and it has lots of rivers in cantonal area with lots of ravines. Otherwise, it is easily threatened by flood disaster for rainstorm fall place that has character of short time, great intensity and strong outburst.
The project is aimed at the regulation the reach of rivers which is in the urban layout of preventing or control flood of Xining city and it will be connected with the built project, which will come into being an integrated preventing flood system. the contents of the project are as follows i the riverway regulation project is 29.9km, main contents of which are constructions of preventing flood bank, waste pipe, virescence and public establishment ii the gully regulation project is 20 gullies, which are small valley regulation. It can be seen in Table 0-1.
After completing the project, it can improve the capacity of preventing flood of the main city zone and improve the standard of flood preventing from 30 years once happened to 100 years once with the whole flood preventing effect of the project.
It will have evident economy effect with increasing 16885.5 thousand yuan per year after the project taking effect. The social and economical effect of the project can be seen as follows:
1 ¾ flood prevention
¾ residential environment improvement
¾ sustaining and development city creation
¾ lessening the land loss in upper reaches of Yellow River
¾ water environment improvement
¾ agricultural production condition improvement, advancing leaving off the poverty and devoting wealth, providing more opportunity of employment
2 Table 0-1 brief introduction of the project3
No. City/County Project Name Project Scope Length km Content Resettment Impact
West of Xigang Bridge Railway construction of flood preventing bank, waste pipe, virescence 1.03 Main stream of Section and public establishment Huangshui River Xigang Bridge Haihu Bridge construction of flood preventing bank, waste pipe, virescence 6.39 Section and public establishment 1326mu collective land acquisition; 44657 rural New Area of Southern construction of flood preventing bank, waste pipe, virescence River 5.073 residential houses City Xin’anzhuang Bridge and public establishment Regulation Nanchuan River demolition; 555 Xin’anzhuang Bridge Duchao construction of flood preventing bank, waste pipe, virescence 4.378 households and 2583 Section of Jiefang Gully and public establishment people being affected Diversion Port of He Zhaoyang construction of flood preventing bank, waste pipe, virescence Beichuan River Electric Power Plant Menyuan 7.78 and public establishment Bridge Xi Ning forestation, blocking and rearing, paddy mill, 17.79 k of land 1 Huoshao Gully 1.125 (Urban Area) loss regulation forestation, blocking and rearing, paddy mill, 2.44 k of land Baojia Gully 0.2 loss regulation Land acquisition and resettlement are not forestation, blocking and rearing, paddy mill, 1.7 k of land included; Gully Daya Gully 2.43 loss regulation If land acquisition and Regulation Diao, Dacao, Dujia resettlement happened, 2 forestation, blocking and rearing, paddy mill Gullies the policy in RAP would be implemented. Maquan in Lejiawan section, Beilu, Diaoling 1.9 Building a flood discharging channel Gullies etc. Newly build flood controlling bank with reinforcing steel bar Land acquisition and Da Tong Town section of and concrete; project drainage pipe rebuilding project first resettlement are not 2 Liming Bridge Ta’er Bridge 11.35 County Beichuan River phase; the pipes will be set along riverway, some will be included; River rebuild on former pipes. If land acquisition and Regulation resettlement happened, town section of Dongxia Guangming bridge Bridge mouth 3.64 New-built 3.64 km flood preventing bank the policy in RAP would River be implemented.
3 Extract from “Pre-Feasibility Study Report of Project”
1 No. City/County Project Name Project Scope Length km Content Resettment Impact
Huji Gully 3.685 Maojia Gully 2.067 Land acquisition and Qiaoer Gully 2.71 8 gullies regulation and 8 dams silting; resettlement are not 8.89km flood control channels, 2.97 km flood draining culvert, included; Gully Dongxia Gully 28 vehicle auxiliary bridges, 314 check dams, 754.52 If land acquisition and Regulation Dameidong Gully 0.345 h reforestation, 2137.33k band forest and 88h terrace field resettlement happened, Xiaomeidong Gully 0.05 are newly built. the policy in RAP would be implemented. Yuanshuer Gully 1.581 Miao Gully 4.233 Jiaomu Gully 1.562 1.92 km concrete box culvert Zhaojiazhuang section 4.1 km mortar laid stone works flood draining canal is built. Land acquisition and of main gully resettlement are not Huang 15.745km concreted rainwater discharge pipeline, and 395 included; Gully inspection wells are constructed. 3 Zhong drainpipe net in county If land acquisition and Regulation 790 access gullies, 3.188km distribution water connecting tube County city resettlement happened, ( 315mm), and 1.706km sewage drainage pipe. Pipelines are the policy in RAP would all laid along riverway. be implemented. Gully regulation 20840h controlling soil loss acreage
11.767 km river regulation; Huang Yuan 4 Dalu Bridge Xianwei Bridge 11.767 1.5 km road on the bank; 245.6mu collective land Couty River Huangshui River 2 newly built bridges acquisition, 41household Regulation and 133persons affected Dongfeng Bridge Babai Gully 2.355 rubble stone flood bank2.355 km, road on the bank 2km
2 km rubble stone flood bank; Land acquisition and 13 silting dams (1 key dams, 3 medium dams, 9 small-sized resettlement allocation Gully dams); are not included. If land Regulation Bohang Gully 1.018 2 vehicle auxiliary bridges; acquisition and 780.83h forestation ban forest and nursing land resettlement happened, Lasa Gully 1.785 3.6 km laying stones bank construction the relevant policy in RAP would be
2 No. City/County Project Name Project Scope Length km Content Resettment Impact
Yangjia Gully 1.088 1.75km prefabricated channel RAP would be implemented. Helada Gully 1.824 3.64 km laying stones bank construction Quan’erwan Gully 1.103 1.1 km channel construction
3 Preparation and Progress of Project In the term of 11th Five Year, Xining government entrust the concerned qualified department to finish a series work, which include comprehensive rivers regulation project plan of Xining city, preventing flood project recommendation of Xining city and three counties, river regulation feasible study of Xining city, soil maintenance plan in preventing flood project of Xining city, environmental impact report of preventing flood project of Xining city and the relationship between the preventing flood project, water conservancy plan in valley, general plan of city and poor-help plan etc.
The feasible study report of the project, which entrusted the Gansu province water and electricity reconnaissance and design academe to finish, has been completed at the end of April, 2008.
The environmental protecting design and environmental impact evaluation report, which entrusted Gansu environmental science academy, have been completed at the end of April, 2008.
Areas Affected and Served by the Project
Areas Served by the Project The beneficial area is the five districts of Xining city, which includes East District, new developed South District, west city district, north city district and Middle District, and Datong County, Huangzhong County and Huangyuan County, which belongs to administration of Xining city. People who live in Qinghai province have poor living condition for its altiplano location. However, Xining city, which is located in the east of Qinghai province, is the center part with name of Xiadu for its relatively good natural condition. And it is the capital city of Qinghai province, which is the center of politics, economy and culture that has large development potential for its advantage location that play important radiate and pioneering role in driving the economy development of upper reaches of Yellow River and Tibet. Its existing urban area covers 7649 km2 in rural area with 2127.3 thousand population.
Xining city is made up with 5 districts (east city, middle city, west city, north city and south city), 3 counties (Datong, Huangzhong, and Huangyuan), 50
1 towns (27 towns, 23 villages with 6 people town), 934 villages (herd) committees and 165 community committees. it has 2127.3 thousand population, which is 38.84% of the whole provincial population, with 23% population of Hui, Tu, Zang, Meng, Man, Sala etc minor people that the large proportion are Hui and Zang people. It is as a center city with millions population well as the center of politics, economy, culture, science and technology, education, transportation and trade of Qinghai. Well-known as a historical civilization and travel city, it has lots of historic sites, such as Beishan Temple, Dongguan Mosque, and Mabufang Residence etc. Taer Temple is the Holy land of Zang Buddhism locating in Huangzhong County. Qinghai Lake, which is well known, is 290Km from Xining city.
East city District, which is located in the east of rural area and lower reaches of Huangshui River with covering 114.59 Km2 acreage and 300 thousand population(32.4% proportion are Hui people), is the important base of salty-chemical industry, Chinese-Tibetan medicine industry, livestock product, real estate and travel and catering industry.
Located in the center of Xining city, Middle District, which is the location of party and government organizations of city and province that covers 20Km2 and has 150 thousand population, is the district with fast development of the third industry and centralized service industry.
located in the center part of Xining territory, West District, which is south to Huangzhong County and west to beautiful Huangyuan Gorge that covering 82.9Km2 and having 240 thousand population, is the one system of scientific research, culture, education, commercial trade and tourism.
Located in the north of Xining, North District, which covers 137.7Km2 and has 230 thousand population, is the main suburb agriculture zone and the base of standard vegetable production and high-production agriculture demonstration zone.
Located in north of Xining and south of Qilian Mount, Datong Hui people Autonomy County, which covers 3090Km2 and has 450 thousand population, is the important base of commercial grain and one of 500 counties that are famous for producing grain and cotton and the base of electricity, building
2 materials and electrolytic aluminum industry.
Located in the east agricultural area and middle and upper reaches of Nanchuan River that is a branch of Huangshui River, Huangzhong County, covers 2700Km2 and has a population of 480 thousand, which is well-known for famous Ta’er Temple, Farmer painting and hand-made Tibetan Carpet.
Located in the east of Tibetan plateau, Huangyuang County covers an area of 1509Km2 and has a population of 140 thousand, which is the passage between the inner land and the pasturing area and Tibet known as “throat of Qinghai and Tibet”, passage of Qinghai and Tibet”.
Located in the south of Shuimo District and north of three fork of Xujiazhai Huangzhong County, are 11.3Km in length, 2.3Km in width, and 30 Km2 in acreage. New development area of South District, which is started to build in April 25, 2001, is planned to build into a modern zoology zone with whole system of real estate, commercial trade, information industry, administration work, tourism, entertainment, zoology gardens, deep processing of special sources of Tibet Plateau.
Areas Affected by the Project The subproject of Xining urban area and Huangyuan County, which is impacted by the land acquisition of project, is caused by the river regulation subproject. And it is not concerned land acquisition and resettlement in Datong and Huangzhong County. Therefore, it is Xining urban area(south District, West District, North District and Middle District) and Huangyuan County, which are the areas effected by the project.
This project involved 39 villages in of towns/streets in Xining city(south District, West District, North District and Middle District) and 1635.1 mu collective land of which will be acquired( including 1229.4 mu grain field/vegetable land that are 75% of the whole land acquisition) 338.98mu permanent state-owned land is acquired, 30006.8m2 rural residential houses are demolished, and 22 enterprises are impacted with 3097.16m2 acreage of house demolished. 3840 persons are direct affected. It can be seen in Table 0-2.
3 Table 0-2 Resettlement impact
Urban area Huangyuan City/county Total of Xining county town 8 3 11 Village 26 13 39 Acquisition of total 1395.97 239.12 1635.1 collective land(mu) grain field/vegetable field 1089 140.4 1229.4 State-owned land mu 266.08 72.9 338.98 Demolition of Rural house sites 30006.8 0 30006.8 effected house (m²) Non-house sites 3097.16 0 3097.16 Affected household of land acquisition 686 113 799 Affected population of land acquisition 2755 481 3236 Affected household of land acquisition 89 0 89 and house demolition direct affected Affected population of land acquisition 313 0 313 population and house demolition Affected household of house demolition 43 0 43 Affected population of house demolition 225 0 225 Number of direct affected household 818 113 931 Number of direct affected population 3293 481 3774 Household 22 0 22 Affected enterprises Population 66 0 66 Total 3359 481 3840
Social-economic background of the areas affected by the project
¾ Xining city Xining is the center of politics, culture, education, science and technology, transportation and communication as the capital of Qinghai province. It has 2127.3 thousand population with 59.59% rate of urbanization and five districts (East, Middle, West, North and South District) and Datong, Huangzhong, Huangyuan Counties are in governance.
25.55 Located in joint part of Tibetan Plateau and loess plateau, agriculture area and pasturing area and Han culture and Tibetan culture, Xining, is the only one center city with over million population, which contains 34 nationalities such as Han, Hui, Tibet, Tu, Mongolia, Sala with a population of 543.6 thousand which is 25.55% of the city.
The GDP of the city is 28.161 billion YUAN in 2006, which is more 14.5% than last year. Fixed asset investments are 14.104 billion YUAN, which is more 21.98% than last year. The general budget revenue is 1.415 billion YUAN, which is more 20.1% than last year. Urban residents’ disposable income is 9334.63 YUAN, which is more 11.16% than last year. Net income per capita is
4 2950.99 YUAN, which is more 13.82% than last year. Total retail sales of consumer goods are 11.951 billion YUAN, which is more 14.5% than last year.
¾ Huangyuan County Huangyuan County is located in the east of Tibetan Plateau, The GDP of the county is 934900 thousand YUAN in 2006, which is more 15.8% than last year. GDP per capita is 6922.2 YUAN, which is more 16.14% according to relative price. Fixed asset investment is 507490 thousand YUAN, which is more 20.09% than last year. The general budget income is 31390 thousand YUAN, which is lower 12.8% than last year. The number of personnel is 8305 persons, which is more 0.6% than last year. The average wage of employees on the job is 15593 YUAN, which is more 14.4% than last year. Net income per capita is 2314.45 YUAN, which is more 14.02% than last year.
Total investment and Capital source The project belongs to city infrastructure construction which will be invested by the peoples’ Government of Xining City. The construction funds come from domestic counterpart funds and loans from World Bank. The total direct budget for the project is 1341.5192 million Yuan. Besides, the total budget for land acquisition and house demolition is 220.934 million Yuan (which is 16.5% of total invest) from domestic counterpart funds.
Measures Taken to Decrease Affects In the period of project planning and designing, in order to decrease the impacts to local socio-economic induced by the project; some effective measures are taken by designing institution and project owner:
A. In the period of project planning, while choosing and comparing optimization options, they tried best to consider the impacts on local socio- economic, and took it as key factor for comparing optimization options. In the circuits designing of flood preventing banks, cutting curves to make straights should be avoid as possible. The circuits should be along the riverway as possible so to avoid land occupation
B. To optimize design, with different riverway width designed to decrease house demolition. The levee revetment line is in term with flow
5 direction and parallel with the mainstream line.
C. To optimize design, acquiring deserted lands and state-owned land as much as possible to decrease cultivated land acquisition. At project designing phase, adjusted project red line to increase state-owned land occupation by (wood land and flood land) 275.98 mu and decrease plow- land occupation by nearly 100 mu.
In the period of resettlement action plan and implementation, once land acquisition and house demolition cannot be avoided, following measures should be taken to decrease affects on local community:
A, To strengthen collection of basic information, and make further analysis of local socio-economic actuality and future development, and formulate feasible resettlement action plan combining with local real condition, so it can guarantee DPs don’t make a loss due to project.
B, To encourage public participation and accept the supervision from the mass.
C, To emphasize internal and external monitoring, and set up effective and smooth feedback mechanism and channel, try all best to shorten the period of information treatment, in order to safeguard all kinds of issues, emerging in construction implementation, would be settled timely.
Interrelated Projects
Interrelated projects refer to the other projects directly have something to do with the construction functions or benefits in project preparation or implementation phase, i.e., in the project preparation and construction period, those outstretched projects which are constructed using non-WB loan. In project designing, project management office paid much attention on interrelated projects identification, PMO and each sub-PMO together with project designing unit made correlation analysis on all the projects. After analysis, 8 interrelated projects were identified. See details in Table 0-1 Table 0-1 Interrelated projects identification
Interrelated projects Time of land Land Policies for land Fund acquisition Remarks Name/contents examination acquisition and house resources and house and approval demolition demolition 6 Interrelated projects Time of land Land Policies for land Fund acquisition Remarks Name/contents examination acquisition and house resources and house and approval demolition demolition Management National 490m2 were project of main Demolition conducted special fund demolished in steam of Former riverbed according to and local 1999, fund Beichuan river alteration government No.30 supported 270 thousand and channels document fund yuan (have built) In land National exchange in Land acquisition debt, 1999, 678m2 conducted according domestic and Government were to government No.36 Xining No.1 abroad loan, reservation land demolished, and No.37 document; wastewater local transfer and land fund 56000 Demolition conducted disposal plant government exchange Yuan, total according to raised fund investment government No.30 0.172 billion document Yuan On March 1st Land acquisition Municipal ,2002, 67 mu conducted according supported land were to government No.36 Xining No.2 investment acquired and and No.37 document; wastewater Transfer and 31000m2 Demolition conducted disposal plant Resettlement individual demolished, according to conducted too investment fund 33.16 government No.30 early, million yuan document Nation financial Land acquisition transfer, Management conducted according national In 2000, project of main to government No.36 debt, demolished steam of Former riverbed and No.37 document; domestic and 36780m2, Huangshui river alteration Demolition conducted abroad loan, fund 52.15 and channels according to local million (have built) government No.30 government document raised fund
In 2004, 24 mu land were Have applied acquired and Chengnan new National debt land use and land 15000m2 According to district and local use certification demolished, municipal No.178 wastewater government is under total document disposal plant raised fund transaction investment 37.3 million yuan Approved by provincial National government and In 2008, 72 Datong county special fund prejudication mu land is wastewater and local made by planned to be disposal plant supported provincial land acquired Resettlement fund resources policy department framework Approved by was complied. provincial See details in National Huangyuan government and In 2008,15 mu Annex 6. special fund county prejudication land is and local wastewater made by planned to be supported disposal plant provincial land acquired fund resources department
7 Interrelated projects Time of land Land Policies for land Fund acquisition Remarks Name/contents examination acquisition and house resources and house and approval demolition demolition 1st phase urban Former pipeline No sewage pipeline Domestic network Resettlement network of loan alteration Impacts Datong county
8 Project Impacts
Project Impact Survey
In December 2007 to January 2008, according to the requirement of World Bank, Xining Project Office and Design Institute organized together a special investigating group to investigate the impacts of land acquisition and house demolition caused by River regulation in Xining urban area and Huangyuan County and Gully regulation and had investigation on socio- economy. In Sept, 2008, together with PMO of each county and district, Xining PMO organized project impact recheck survey and confirmed the impact through singing agreement with DPs and affected enterprises. The scope of investigation can be seen in Table 0-1.
Table 0-1 Survey scope of effected area
Width of land Present Designed No. City/county Name Length acquisition width m width m survey m Main stream of 1 8500 30-80 50~80 80~100 Urban area Huangshui River 2 of Xining city Nanchuan River 9000 15-50 50~60 50~70 3 Beichuan River 6000 20-60 50~60 50~70 Huangyuan 4 Huangshui River 14000 20-50 50~60 50~60 County
The mode of combination of investigating households one by one and interview are adopted. It covers the quantity of affected households, family population, condition of affected enterprises and institutes, condition of shops and resettlement option. When the survey was carried out, displaced persons participated in the whole process. The opinions on land acquisition and resettlement of village committee and villagers are taken into consideration and wide discussion is carried out also.
Project Impact Scope
The project is concerned about Xining city (South, West, North and Middle Districts) and 39 villages of 11 towns/streets in Huangyuan County. There are
9 no minority communities in project area. The scope of village affected can be seen in Table 0-2.
Table 0-2 Villages effected by the project Land acquisition No. Name Section/County Town/Street Land acquisition and house demolition only Chaoyang Street Qijiacheng Village Chengbei Committee District Xiaoqiao Beixingyuan village, Main Street Taojiazhai village, Taojiazhai village stream of 1 committee Taoxin village Huangshui Mafang River Street Sanqi Village Chengxi District Committee Pengjiazhai Zhangjiawan village,
town Hanzhuang village West Nangchuan Xinqing Village, Hongxing village, Shenjiazhai village Road Street Chengzhong Committee District East Nanchuan Nanyoushan village, shuimo village, Hongguang village Nanchuan Road Street 2 River Committee Xiangtang village, Xingjia Village, Chengbei Zongzhai Xiejiazhai village, Xin’an village District town Yuanbaozi village, Lujiazhai village, Xinzhuan village Joujiawang village, Guojiata village, Sushuangbao Beichuan North Urban Er’shilipu 3 village, Shitoulei River Area District town village, Er’shilipu village, Weijiazhuang village Guanghua village Chenghuan Yongxing village, / town Wangfeng village Guanghua village, Dahua Town Chihan village, / Huangshui Huangyuan 4 Dahua village River County Lida village, Kouzi village, Kalu village, Shenzhong Miaogou village, / Village Yaozhuang village, Xinquan village
Collective Land Acquisition
39 villages are affected by collective land acquisition. Totally it will permanently acquire 1635.1mu land (including 1229.4mu grain/vegetable 10 land that is 75% of whole collective land) with 888 households, 3549 persons affected, among which, 110.5mu collective land with 41 households, 178 persons affected in 7 villages are acquired by Huangshui River sub-project, and 917.42mu collective land with 503 households, 1987 person affected in 13 villages are acquired by Nanchuan River sub-project. 368mu collective land with 231 households, 903 persons affected in 6 villages are acquired by Beichuan River sub-project, and 239.12mu collective land with 113 households, 481 person affected in 13 villages are acquired by Huangshui River sub-project. The details are shown in Table 0-3.
Chart 0-1 effected collective land
11 Table 0-3 Affected collective land acquisition
Town/ Collective land (mu) Project District/ Affected Affected No. Street Village Curtilage name County Cultivated land Wood land Subtotal Households people(person) committee land Chengxi Zhangjiawan 15 0 0 15 11 51 Pengjiazhai District Hanzhuan 0 0 0 0 0 0 Mafang street Sanqi 0 0 0.1 0.05 0 0 Mainstream committee Of Zhaoyang street 1 Qijiacheng 6.27 0 0.4 6.69 3 9 Huangshui Chengbei committee River District Beixingyuan 0 9.5 0 9.50 0 0 Xiaoqiao street Taojiazhai 28.66 9.14 1.4 39.24 13 57 committee Taoxin 40.02 0 0 40.02 14 61 West Nanchuan Xinqing 0 4 4.3 8.34 0 0 Road Street Hongxing 104 0 13.2 117.15 126 400 Chengzhong Committee Shenjiazhai 72 0 8.9 80.87 33 147 District East Nanchuan Nanyoushan 5 5 16.5 26.49 2 10 Road street Hongguang 65.92 0 2.1 68.00 37 103 committee Shuimo 40 0 9.4 49.45 21 87 Nanchuan 2 Xiangtang 9.5 0 0 9.5 3 13 River Xingjia 5 0 0 5 2 8 Xinan 59.25 27.9 0.12 87.27 64 291 Chengnan Zongzhai Town Yuanbaozi 27 0 0 27 30 126 District Lujiazhai 179.85 0 0 179.85 110 466 Xiejiazhai 12 108 0 120 32 171 Xinzhuan 51.5 87 0 138.5 44 165 Guojiata 95 0 0 95 51 93 Shitoulei 69.6 0 0 69.6 29 127 Beichuan Chengbei Shuangxupu 92.5 0 0 92.5 107 505 3 Ershilipu Town River District Ershilipu 85 0 0 85 33 132 Weijiazhuang 5 0 0 5 2 9 Jiujiawan 21 0 0 21 9 38
12 Town/ Collective land (mu) Project District/ Affected Affected No. Street Village Curtilage name County Cultivated land Wood land Subtotal Households people(person) committee land Dalu 4.5 3 0 7.5 9 36 Kouzi 8.7 13.9 0 22.6 8 26 Miaogou 11.9 13 0 24.9 8 35 Shengzhong Kalu 13.5 30 0 43.5 8 38 Township Yaozhang 2.7 0 0 2.7 4 17 Xinquan 6.3 0 0 6.3 7 29 Huangshui Huangyuan 4 Lida 21 0 0 21 18 88 River county Dahua 6.6 0 0 6.6 7 29 Dahua Town Chihan 21.4 0 0 21.4 13 54 Hejiazhuang 5.2 0 0 5.2 6 25 Wanfeng 16.2 20.8 0 37 7 24 Chengguan Guanghua 13.0 18 0 31.0 9 36 Town Yongxin 9.4 0 0 9.4 9 44 Total 1229.4 349.28 56.41 1635.1 888 3549
13 Permanent State-Owned Land Occupation
338.98mu state-owned lands are occupied permanently, among which 203.08 mu are transferred as state owned flood land; 23mu are transferred from Nanchuan Garden; 40mu are transferred from the flood control warning center in Haihu new develop area; 72.9 mu state owned woodland transferred from Huangyuan county (including 20.2 mu Xingjia nursery, 10.4 mu Chihan wood land and 42.3 Shajia woodland)
Temporary Land Occupation
To meet the demand of project construction, it is used for pile construction materials, machine and temporary work shed etc. Therefore, much space can be released after land acquisition and house demolition where can be used to pile construction materials and build temporary work shed during the project implementation period. So it is unnecessary for temporary land occupation.
Demolition of Rural Residential House
Only rural river area is affected by demolition of rural residential house. Totally it will demolish 30006.8 of residential house with 132 households, 538 persons affected, among which, 28990.44 residential houses with 127 households, 508 persons affected which is 96.6% of whole demolition are demolished by Nanchuan River sub-project, and 1016.33 residential houses with 5 households, 30 person affected which are 3.4% of whole demolition are demolished by Huangshui River Mainstream sub-project.. See details in Table 0-4.
14 Chart 0-2 Affected rural residential houses
15 Table 0-4 Affected rural residential houses
Demolition Acreage Other Project District/ Town/street Brick-concrete structure Brick-wood structure Affected Affected No. Village structure name County Committee Subtotal households persons 1st 2nd 3rd 1st 2nd 1st level 2nd level 3rd level level level level level level Mafang street Sanqi 28.8 28.8 1 6 committee Main Chaoyang Stream of Chengbei Qijiacheng 1 street 201 21 222 3 16 Huanshui District committee River Xiaoqiao street Taojiazhai 393.73 371.8 765.53 1 8 committee Nanchuan Chengnan Zongzhai 2 Xinan 80 80 1 6 River District Town East Chengzhong Nanchuan Nanyoushan 152 1391.93 5928.15 995.34 301 8768.42 40 172 District Road street committee East Nanchuan Hongguang 708 78.75 319 1105.75 5 21 Road street committee East Nanchuan Shuimo 2715.36 226.8 297 1123 660 5022.16 23 102 Road street committee West Nanchuan Xinqing 2305 2305 5 20 Road street committee West Nanchuan Hongxing 6992.85 6992.85 32 132 Road street committee
16 Demolition Acreage Other Project District/ Town/street Brick-concrete structure Brick-wood structure Affected Affected No. Village structure name County Committee Subtotal households persons 1st 2nd 3rd 1st 2nd 1st level 2nd level 3rd level level level level level level West Nanchuan Shenjiazhai 4716.26 4716.26 21 55 Road street committee Total 3604.16 16159.5 5928.15 226.8 1664.1 301 1463 660 30006.8 132 538
17 Affected Enterprises
22 enterprises are affected by the project and all impacts are distributing the riversides of Nanchuan and Beichuan River. Due to survey, the affected parts of enterprises are office and produce occupancy and ground attachment (rounding walls mainly) along Nanchuan and Huangshui Rivers bank. The manufacture houses of affected enterprises are away from River bank which is out of the demolition scope, so the sub-project has little impacts on enterprises’ produce and the employees are not affected permanently by the project. 3097.16m2 of office house and storage house and 1865 m2 bounding wall are demolished with 66 persons affected. See details in Table 0-5.
Chart 0-3 Affected enterprises
18 Table 0-5 Affected Enterprises
Demolition acreage ,m Subproject Enterprise Affected Enterprises’ name Address Affected style Brick concreted Brick and wood other Name property person 3rd 3rd 3rd 4th 1st level 2nd level 2nd level 1st level 2nd level level level level level Nanchuan Xining Driver Training Xiangtan Bounding Private 200 River school village wall Hongping Construction Office Xin’an village Private 5 280 Material Factory occupancy Office 156 Lujiazhai Guotai Smoke Lujiazhai occupancy Private 5 Tube Company village Bounding 140 wall Lujiazhai No.2 Sandstone Lujiazhai Office Private 3 140 Field village occupancy Zhangyoujie Sandstone Lujiazhai Office Private 3 176 Field village occupancy Office 36 Zhongtian Company Yuanbaozi occupancy Private 2 Warehouse village Bounding 63 wall Songta Electric Facilities Yuanbaozi Bounding Private 38 Company village wall Wanglei Mechanical Yuanbaozi Office Private 1 40 Treatment Factory village occupancy Office 15 Yuanbaozi occupancy Yuangbaozi Plastic Factory Private 1 village Bounding 40 wall Zhangchengguang Lujiazhai Office Private 3 48 Sandstone Field village occupancy Production 170 90 Zhangyouqing Waste Lujiazhai Houses Private 5 Factory village Bounding 132 wall Tea garden of Hongxin Office 3 352.9 35 village committee occupancy
19 Demolition acreage ,m Subproject Enterprise Affected Enterprises’ name Address Affected style Brick concreted Brick and wood other Name property person 3rd 3rd 3rd 4th 1st level 2nd level 2nd level 1st level 2nd level level level level level Funengta Metal Products Yuanbaozi Production Private 8 740 Factory village Houses West Xining garden and park state Office Chaoyang 2 26 bureau (wood land) owned occupancy Road Xining Chengxi No.3 No.30 Office 2 52 Construction Company Menyuan Road occupancy Office 102 Limei Doors and Windows occupancy Private 5 Ltd Bounding 152 Beichuan wall River Chengbei Construction Production Menyuan Road Collective 2 42 Company Houses Heat Dynamic Force Production Building and Repairing Menyuan Road Private 3 165 Houses Factory Production West 120 state Houses Beichuan Coal Yard Chaoyang 2 owned Bounding Road No.69 1100 wall Production 75.3 Qinghai Road and Bridge Houses 5 Main Building Limited Company Office 24 Stream of occupancy Huangshi Qin'guang Concrete Production 4 162 River Products Factory Houses Huangshiu River Office 2 50 Sightseeing Park occupancy Production 75.3 327 170 0 0 740 162 90 0 Houses Office Total 66 50 556.9 103 35 212 0 280 140 156 occupancy Bounding 1865 wall
20 21 Affected Population
Collective land acquisition and house demolition are the main impacts of the project. Totally 3840 persons are affected, among which 888 households, 3549 persons are affected by collective land acquisition; 132 households, 538 persons are affected by land acquisition and residential house demolition; 22 enterprises with 313 persons are affected. See details in Table 0-6.
Table 0-6 effected population
Huangyuan Rural section of Xining city County Subproject Main stream of Subtotal Nanchuan Beichuan Huangshui Huangshui River River River River Affected household of land 38 418 231 113 799 acquisition(households) Affected person of land 162 1690 903 481 3236 acquisition(Persons) Affected household of land acquisition and house 3 86 0 0 89 demolition(households) Direct Affected person of land acquisition 16 297 0 0 313 Affected and house demolition(Persons) population Affected household of house 2 41 0 0 43 demolition(households) Affected person of house 14 211 0 0 225 demolition(Persons) Subtotal of direct Affected 43 545 231 113 931 household(households) Subtotal of direct affected 192 2198 903 481 3774 household(Persons) Affected Household(households) 3 13 6 0 22 enterprises Person(Persons) 11 39 16 0 66 Subtotal 203 2237 919 481 3840
Vulnerable Group and Floating Population
It is no need special care for effected women for their having the equal status with male. The vulnerable group contains handicaps, lonely elderly people, orphan, low-income family and minority. Hence, it should focus on the lonely elderly people, low-income families and minority.
According to the family member structure, labor employment status, family sources etc and the information from the local civil administration, it compares and analyzes the situation to confirm the vulnerable group. Once effected households are confirmed as the vulnerable group, the operation organization 22 give special help in implement of resettlement allocation.
Due to socio-economy survey, 18 households are involved, among which 9 low-income families, 3 lonely elderly people and 7 handicapped, see details in Table 0-7.
Table 0-7 Conditions of Affected Vulnerable Groups
Family No. Name Address Category Difficulty situation population Low-income Long term sick of mate, no 1 Wangpei Shuimo 2 family children Low-income 2 Yang Cunying Sanqi 2 family Low-income 3 Yin Dexiang Shenjiazhai 2 family Low-income 4 Zhou Caizhang Shuimo 2 family Low-income 5 Xue wangchang Ershilipu 4 family Low-income 6 He Dexiu Guojiata 4 family Low-income 7 He Wanlai Xiejiazhai 3 family Low-income 8 Ma Shuncheng Lujiazhai 4 family Low-income 9 Ma Jinlian Shitoulei 5 family Lonely elderly 10 Song Yaqing Taoxin 2 people Lonely elderly 11 Zhao Chenglong Shitoulei 4 people Lonely elderly 12 Li Xianglan Lujiazhai 1 people 13 Liu Yanbiao Xiejiazhai 1 handicapped Blindman without children
14 Lu Chengru Yuanbaozi 4 handicapped psychosis without labor ability
15 Yang Shengxing Shuangsubao 1 handicapped 16 Ma Jinhua Shitoulei 3 handicapped 17 Xue Fushan Xin’an 3 handicapped Can’t live self-care 18 Chen Xiuying Hongguang 4 handicapped
Affected Infrastructure and Ground Attachments
There are 17 ground attachments affected by the project, including scattered woods, bounding walls, canals, and cable. See details in Table 0-8.
Table 0-8 Affected Ground Attachments
subproject unit Quantity subtotal
23 Main stream of Nanchuan Beichuan Huangshui Huangshui River River River River Public WC set 0 0 2 0 2 10KVwire pole pole 1 0 10 0 11 380Vwire pole pole 16 20 25 0 61 380Vwooden wire pole pole 0 0 2 0 2 Power distribution room room 0 0 1 0 1 Electric cables M 0 0 300 0 300 Transformers Set 2 1 9 0 12 Channels M 0 0 3200 0 3200 Bridges 0 2 2 0 4 Flow pipe m 0 0 100 0 100 Drainpipe m 0 0 208 0 208 Water supply pipe m 600 0 80 0 680 Oil pipes m 0 0 86 0 86 Vegetable, 0 0 0 9340 9340 greenhouse structures State owed greening woods mu 0 0 0 72.92 72.92 Big tree non-fruit pole 0 0 1332 200 1532 Small tree non-fruit pole 0 0 825 200 1025 2 Highway m 0 144 0 0 144
24 Socio-economic Survey Results
In December, 2007, Sept, 2008, according to the requirement of WB, Xining Project Office and the Design Institute twice organized together a investigating group to investigate the 100% impacts of land acquisition and house demolition caused by river regulation in Xining urban area and Huangyuan County. And in March 2008, Sept, 2008, added investigations on socio-economy of affected persons were twice carried out by the group organized by Xining Project Office and the Design Institute. Besides, sampling survey on socio-economy of affected households is carried out by one by one and interviews. 200 rural households (accounting for 21.4% of total affected rural households), 22 affected enterprises & institutes (accounting for 100%) are sampled.
Socio-economic Survey Results of Town, Street and Villages Affected by Permanent Land Acquisition
39 villages 11 towns/streets in Xining urban area and Huangyuan County are affected by collective land acquisition. See details of social-economic conditions of these 32 villages in appendix 1 and 10 towns in appendix 2.
It can be seen from appendix1 that 26 affected villages locate in suburban of Xining urban area with little cultivated land per capita in Huangshui River, Nanchuan River and Beichuan River subprojects. Cultivated land per capita of all villages is below 1mu except for Zhangjiawan Village, Xiejiazhai Village and Yuanbaozi Village. In 13 effected villages in Huangshui River subproject, cultivated land per capita of all villages, which is relatively much, is above 1mu with 2.8mu/per capita in Miaogou Village except for Huanghua Village, Yongxing Village, Chihan Village, Dahua Village and Lida Village. So the percentage of gross agricultural output value is comparatively low, with all villages below 10%.
25 Sampling Survey Results of Basic Conditions of Affected Rural Residents Family
987 persons in 200 households (of which 89 households are both affected by land acquisition and house demolition)are sampled in this rural residents family survey, among which 483 persons are women, accounting for 47.8%; 578 persons are labors, accounting for 58.6%.
Distributing Condition by Age
Among 987 surveyed persons in 200 households, 71 persons are ranging from 0 to 6 years old, accounting for 7.2% of total population; 145persons are ranging from 6 to 18 years old, accounting for 14.7%; 289 persons are ranging from 18 to 45 years old, accounting for 29.3% of total population; 401 persons are ranging from 45 to 60 years old, accounting for 40.6% of total population; 81 persons are above 60 years old, accounting for 8.2% of total population. See details in Chart 0-1.
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Chart 0-1 Distributing condition by age
Distributing Condition by education
Among 987 surveyed persons in 200 households, 60 persons are illiterate and almost illiterate, accounting for 6.1% of total population; 377 persons are primary schooling, accounting for 38.2%; 457 persons are ranging middle school schooling, accounting for 46.3% of total population; 51 persons are high school schooling, accounting for 5.2% of total population; 42 persons are college schooling and above, accounting for
26 4.3% of total population. See details in Chart 0-2.
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Chart 0-2 Distributing condition education
Condition of Producing Material
Among 200 surveyed persons in 987 households, the total acreage per capita of cultivated land is 0.9 mu, in which 0.52 mu are the grain field and 0.38 mu are vegetable field.
Acreage of House Construction
Among 89 households, the acreage of house construction is 19802m2, in which 1household is under 45m2, accounting for 1.1% of total acreage; 11households are ranging from 45m2 to 100m2, accounting for 12.4%; 36 households are ranging from 100 m2 to 150 m2, accounting for 40.4% of total acreage; 25 households are from 150m2 to 200 m2, accounting for 28.1% of total acreage; 16 households are above 200m2, accounting for 28% of total acreage.
Family Annual Income and Expenditure
According to the statistics to 987 surveyed persons in 200 households, family annual income is 3352 Yuan, among which wages income is 1100 Yuan, accounting for 32.8% of family annual income; income from household business is 1949 Yuan, accounting for 58.1% of family annual income; property income is 227 Yuan, accounting for 6.8%; transfer income is 75 Yuan, accounting for 2.2%.
27 As for expenditure, family annul expenditure is 2768 Yuan, among which expenditure for household business is 532 Yuan, accounting for 15.9% of family annual expenditure; purchasing productive fixed assets is 51 Yuan, accounting for 1.5% of family annual expenditure; expenditure for tax & fee is 5 Yuan, accounting for 0.1% of family annual expenditure; expenditure for consumption is 1959 Yuan, accounting for 58.4% of family annual expenditure; expenditure for property is 201 Yuan, accounting for 6%.; expenditure for transfer is 20 Yuan, accounting for 0.6%. Income and Expenditure structure can be seen from Table 0-1.
Table 0-1 Annual Income and Expenditure Structure of Surveyed Rural Households
Per capita Percentage Item Yuan/Person % wages income 1100 32.8%
income from household business 1949 58.1%
Among which: 1380 6.9% Income from primary industry
Income from Secondary Family Annual 201 28.7% Income industry
Income from Tertiary 368 64.4% industry
Property income 227 6.8% Transfer income 75 2.2% Total 3352 100% Expenditure for household 532 15.9% business
expenditure for productive fixed 51 1.5% assets
Family Annual expenditure for tax & fee 5 0.1% Expenditure
Expenditure for consumption 1959 58.4%
expenditure for property 201 6% expenditure for transfer 20 0.6% Total 2768 100.00% Net income 2815 /
28 Survey of Basic Conditions of Affected Enterprises and Institutes
22 enterprises & institutes are involved in the project. It is a river regulation project, effected bank of which is in narrow long shape. Hence, it has little impact on the each enterprise. It is found that the surveyed enterprises know the project and support the project and think it have benefit to the local economy, tourism and living life. The effected part is part produce and office houses and ground attachment, the main body of which is beyond the affected scope. Therefore, they choose the fund compensation. See details in Table 0-2.
29 Table 0-2 basic situation of effected enterprises
Annual Annual The number of Workers’ average Project Enterprise Main output profit employees Resettlement Enterprise name Address Performance wage (104 Impacts name property business (104 (104 Regular Temporary Options yuan/year/person) yuan) yuan) Employee employee Only bounding Nanchuan Xining Driver Xiangtan Driving wall Cash Private commonly 20 10 3 6 5 River Training school village training affected, compensation no need to move Only a few office Hongping houses Xin’an Cash Construction Private / Very well 600 50 8 2 15 were village compensation Material Factory impacted, no need to move Only a few office houses Lujiazhai Guotai and Lujiazhai Smoke Tube Cash Smoke Tube Private commonly 120 30 2 6 10 bounding village Production compensation Company wall were impacted, no need to move Only a few office houses Village No.2 Lujiazhai Cash Private Sandstone Very well 20 6 4 4 were sandstone Factory village compensation impacted, no need to move
30 Annual Annual The number of Workers’ average Project Enterprise Main output profit employees Resettlement Enterprise name Address Performance wage (104 Impacts name property business (104 (104 Regular Temporary Options yuan/year/person) yuan) yuan) Employee employee Only a few office houses Zhangyoujie Lujiazhai Sandstone Cash Private Very well 300 60 4 40 were sandstone Factory village processing compensation impacted, no need to move Only a few office Zhongtian houses Yuanbaozi Cash Company Private Warehouse commonly 10 2 2 5 were village compensation Warehouse impacted, no need to move Only some Songta Electric Electric bounding Yuanbaozi Cash Facilities Private Facilities commonly 100 40 5 20 8 wall was village compensation Company sale affected; no need to move Only a few office Wanglei houses Mechanical Yuanbaozi Mechanical Cash Private commonly 40 15 4 8 12 were Treatment village Treatment compensation impacted, Factory no need to move Only a few office Waste and houses Yuangbaozi Yuanbaozi Cash Private old plastic commonly 12 3 3 2 3 were Plastic Factory village compensation Processing impacted, no need to move
31 Annual Annual The number of Workers’ average Project Enterprise Main output profit employees Resettlement Enterprise name Address Performance wage (104 Impacts name property business (104 (104 Regular Temporary Options yuan/year/person) yuan) yuan) Employee employee Only a few office Concrete Zhangchengguang houses Lujiazhai precast Cash Sandstone Private commonly 14 3 3 2 were village concrete compensation processing impacted, production no need to move Only a few office houses and some Zhangyouqing Lujiazhai Waste wares Cash Private Commonly 10 4 2 2 7 bounding Waste Factory village purchasing compensation wall were impacted, no need to move Only a few office Tea garden of houses Hongxin Fooding and Cash Hongxin village Collective commonly 15 10 2 4 10 were village relaxing compensation committee impacted, no need to move Only a few subsidiary production Funengta Metal Lujiazhai Metal ware Cash Private commonly 27 15 5 5 4 houses Products Factory village processing compensation were impacted, no need to move
32 Annual Annual The number of Workers’ average Project Enterprise Main output profit employees Resettlement Enterprise name Address Performance wage (104 Impacts name property business (104 (104 Regular Temporary Options yuan/year/person) yuan) yuan) Employee employee Only a few office West houses Beichuan Xining garden Public Garden Cash Chaoyang / / / 3 3 1 were River and park bureau Institution management compensation Road impacted, no need to move Only a few office Xining Chengxi No.30 houses state Cash No.3 Construction Menyuan Construction commonly 200 120 4 20 8 were owned compensation Company Road impacted, no need to move Only a few office houses Limei Doors and Windows and some Cash Windows Co., Private and doors commonly 30 15 3 4 3 bounding compensation Ltd. sale wall were impacted, no need to move Only a few office Chengbei houses Menyuan Cash Construction Collective Construction commonly 70 40 3 6 10 were Road compensation Company impacted, no need to move
33 Annual Annual The number of Workers’ average Project Enterprise Main output profit employees Resettlement Enterprise name Address Performance wage (104 Impacts name property business (104 (104 Regular Temporary Options yuan/year/person) yuan) yuan) Employee employee Only a few Heat Dynamic production Machine Force Building Menyuan houses Cash Private building and commonly 90 60 5 8 6 and Repairing Road were compensation repairing Factory impacted, no need to move Only a few production No.69 houses Beichuan Coal West state Coal and some Cash Very well 300 200 5 10 26 Yard Chaoyang owned digging bounding compensation Road wall were impacted, no need to move Only a few production Main houses Qinghai Road and Road and Stream of state and office Cash Bridge Building bridge commonly 200 120 6 8 10 Huangshui owned houses compensation Limited Company building River were impacted, no need to move Only a few production Qin'guang Concrete houses Cash Concrete Products Private commonly 120 70 4 7 12 production were compensation Factory impacted, no need to move
34 Annual Annual The number of Workers’ average Project Enterprise Main output profit employees Resettlement Enterprise name Address Performance wage (104 Impacts name property business (104 (104 Regular Temporary Options yuan/year/person) yuan) yuan) Employee employee Only a few office houses Huangshui River state Cash sightseeing commonly 180 110 3 18 20 were sightseeing Park owned compensation impacted, no need to move
35 Legal and Policy Framework
Laws and Policies Referred in Resettlement
State Laws and Regulations
¾The Land Administration Law of P.R.C. (effective on January 1 1999, revised in August 28, 2004)
¾The Implementation Regulations on the P.R.C Land Administration Law (effective on January 1, 1999)
¾The Notice on the Further Reformation of the Land Administration by the State Council (GF[2004] No.28)
¾Guidelines on Improving the Institutions for Compensation and Resettlement of Land Acquisition (MLR [2004]No.238, November 3, 2004) ¾Urban House Demolition Administrative Regulations (November 1st 2001)
Local Laws and Regulations:
¾The Implementation Regulations of Qinghai Province on the P.R.C Land Administration Law (October 1, 2006) ¾Collective land Acquisition Administration Provisional Measures of Xining City February 16, 2001 ¾Compensation Standard for Collective land Acquisition Provisional Stipulate February 16, 2001 ¾Urban House Demolition Administrative Regulation Stipulate of Xining city December 1, 20 ¾the Circular on Publicizing the Compensation Standard of House Demolition and Regular of Price Evaluation
WB Policy ¾World Bank OP4.12 Involuntary Resettlement and Appendix (January 1st 2002)
Laws and Policy Items Involved in Resettlement
¾ The Land Administration Law of P.R.C. stipulate
Article 8 Land in urban areas of cities belongs to the state.
36 Land in rural areas and suburban areas of cities excluding those belonging to the state prescribed by law belongs to peasants’ collective ownership; house sites, land allotted for personal needs and hilly land allotted for private use belongs to peasants’ collective ownership.
Article 10 Peasants’ collectively-owned land that belongs to peasants’ collective ownership of a village according to law shall be managed and administered by the village collective economic organization or villagers’ committee; the land that belongs separately to more than two rural collective economic organizations and owned collectively by peasants shall be managed and administered by the respective rural collective economic organizations or villagers’ teams; the land that belongs to village(township) peasants’ collective ownership shall be managed and administered by the village(township) rural collective economic organization.
Article 45 Requisition of the following land shall be subject to the approval of the State Council:
(1) Basic farmland;
(2) Cultivated land other than the basic farmland exceeding 35 hectares; and
(3) Other land exceeding 70 hectares.
Article 47 Land requisitioned shall be compensated for on the basis of its original purpose of use.
Compensation for requisitioned cultivated land shall include compensation for land, resettlement subsidies and attachments and young crops compensation. Compensation for requisition of cultivated land shall be six to ten times the average annual output value (AAOV) of the requisitioned land for three years preceding such requisition. Resettlement subsidies for requisition of cultivated land shall be calculated according to the agricultural population needing to be resettled. The agricultural population needing to be resettled shall be calculated by dividing the amount of requisitioned cultivated land by the average amount of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among 37 members of the agricultural population needing resettlement shall be four to six times the average annual output value of the requisitioned cultivated land for three years preceding such requisition. However, the highest resettlement subsidies for each hectare of the requisitioned cultivated land shall not exceed fifteen times its average annual output value for the three years preceding such requisition.
Under special circumstances, the State Council can increase the rates of compensation and relocation subsidy in cultivated land requisition according to socioeconomic development.
Article 48 involved local Peoples’ Government should proclaim resettlement compensation scheme on land requisition after its confirmation, and the opinions of affected village collective economy organization and affected villager should be heard of.
Article 49 village collective economy organization affected by land requisition should proclaim the income and expense condition of land compensation to its members, so as to accept supervision.
It is forbidden to invade and occupy land compensation and other relative capital, remove for other usage.
Article 50 local Peoples’ Government should support affected village collective economy organization and affected villager in developing business and setting up enterprises.
Article 54 State-owned land used by construction unit should be gotten by using with pay like assignment, but the construction land for following purposes can be gotten by allocation with the approval from the government above the county level:
a) Land used by state department and military purpose;
b) Land used by urban infrastructure and commonweal undertakings;
c) Land used by State supporting infrastructure projects like energy, transportation and irrigation works;
d) Other land regulated by law and administrative regulations.
38 Article 57 If project implementation and geology perambulation need to occupy state-owned land or collective-owned land temporarily, the approval from government land administrative department above county level must be gained. And land within urban planning district should get the approval from urban planning administrative department before reporting and approval. Land user should sign contract with land administrative department concerned, rural collective economic organization or villagers’ committee according to land rights and pay land compensation to honor the contract.
The user of temporary-occupied land should deal the land with contracted use, and is not allowed to construct permanent building.
The time for temporary land occupation should be no more than two years.
Article 62 One rural household can only possess one cartilage, and the acreage of the cartilage should not go beyond the standard regulated by province, autonomous region or municipality directly under the Central Government.
Rural residence construction should accord with gross land usage plan of town level, and open space is preferred. The checking from town government and the approval from county government should be gotten for residence land occupation. If farmland is involved, article 44 of this law is effective. Villager is forbidden to re-apply for cartilage after sale or rent own house. ¾ the Implementation Regulations on the P.R.C Land Administration Law stipulate
Article 25 Land requisition scheme will be implemented by local city government or county government after approval. The approved land requisition institute; approved file NO.; the use, scope and acreage of acquired land; compensation rate; relocation of agricultural population and the deadline of land compensation are all should proclaimed in relative towns and villages.
The property owner and land user of acquired land should register land
39 compensation in appointed government land administrative department with land title deed within appointed deadline.
According to the approved land requisition scheme, jointly with relative departments, government land administrative department of city/county draw out land compensation scheme and resettlement scheme, which should be proclaimed in land required town and village and should be taken the opinions from village collective economy organization and villager into account. And then government land administrative department of city/county implement the scheme of land compensation and resettlement after approved by city/county Peoples’ Government. Any dissents on compensation rate can be mediated by Peoples’ Government above county level; and the Peoples’ Government of approving land requisition is to mediate further if the above mediation is failed. The dissents on compensation and resettlement will not affect the implementation of land requisition scheme.
All compensation fees for land requisition should be paid within 3 months after the approval of land compensation scheme and resettlement scheme.
Article 26 Land compensation fund is paid to collective-owned organizations, while ground attachment and green seeding compensation is paid to property owners.
Resettlement subsidy for land requisition is special funds and can’t be used for other purpose. For those resettled by village collective economy organization, the resettlement subsidy for them is paid to village collective economy organization and managed by the organization. While for those resettled by other institute, the resettlement subsidy for them is paid to relevant institute and managed by the institute. For those exclusive of unitive resettlement, the resettlement subsidy is paid to individuals or used for insurance with the approval from DPs.
City/county/town Peoples’ Government should supervise the use condition of resettlement subsidy.
¾ The Notice on the Further Reformation of the Land Administration by the State Council stipulate
40 III Improve the System of Land Acquisition Compensation and Resettlement
(12) Improve the measures of land acquisition compensation. The government above the county level should carry out pressing measures to ensure that the DPs’ living standard is not decreased due to land acquisition. Land compensation, resettlement subsidy, ground attachment and green seeding compensation should be paid sufficiently and timely. If land compensation and resettlement subsidy paid legally can’t maintain DPs’ former living standard or even not enough for land-lost farmers to pay social insurance, government of province, autonomous region or municipality directly under the Central Government should approve to increase resettlement subsidy. When the sum of land compensation and resettlement subsidy has reached the legal upper limit and still can’t maintain DPs’ former living standard, local government assists with income from state-owned land using-with-pay. Government of province, autonomous region or municipality directly under the Central Government should draw and proclaim uniform AAOV of relevant city/county or integrated land price of different location. One principle in land acquisition compensation is same land same price. Land acquisition compensation must be listed sufficiently in budgetary estimate in national key construction project. Compensation rate and resettlement measures in large and medium water conservancy and hydropower projects should be regulated by State Council additionally.
(13) Resettle land-acquired farmers appropriately. The government above the county level should draw out detail measures to safeguard land- acquired farmers’ long-term living. For profitable projects, farmers can buy a share by land use right of construction land approved legally. Within urban planning district, local government should bring the land-lost farmers into urban employment system and establish social insurance system; while out of urban planning district, when collective-owned land is acquired, local government should put apart necessary cultivated lands within district for land-lost farmers, or offer them with work positions. For those landless farmers who have no basic productive condition and living condition, relocation in other place should be adopted. Labor and social insurance 41 department, combining with relevant departments, should put forward directive opinions on establishing employment training and social insurance system for land-acquired farmers.
(14) Strengthen land acquisition procedure. During land acquisition, the ownership of collective-owned land and land contract right of farmers’ should be maintained. Before legal report and approval of land acquisition, the use, location and compensation of planned acquired land; and the resettlement approach should be known by farmers. The investigation results of planned acquired land condition should be confirmed by village collective economy organization and villagers. If necessary, hearing of witnesses should be organized by land and natural resource department. And the material about land-acquired farmers’ known and confirmation is necessary material for land acquisition report and approval. Coordinating and arbitrament mechanism on solving dispute in land acquisition compensation and resettlement should be established and improved as soon as possible, so as to maintain legal rights and interests of farmer and land user. Approved item of land acquisition should be open except special condition.
(15) Strengthen supervision during land acquisition implementation. If land acquisition compensation and resettlement are not fulfilled, planed acquired land can’t be used forcedly. Government of province, autonomous region or municipality directly under the Central Government should draw out method of land compensation allocation within village collective economy organization at the principle that land compensation is used for land-acquired farmers. Village collective economy organization affected by land requisition should proclaim the income and expense condition of land compensation to its members, so as to accept supervision. Departments such as agriculture and civil administration should strengthen the supervision on the use condition and allocation of land compensation within village collective economy organization.
¾ Guidelines on Improving the Institutions for Compensation and Resettlement of Land Acquisition (MLNR) stipulate
Article 1 Regulations on “acquired-land compensation rate”
42 …… (2) Confirmation of uniform times of AAOV. The times of AAOV in land compensation and resettlement subsidy should be decided legally on the principle that DPs’ living standard is not decreased due to land acquisition. If land compensation and resettlement subsidy calculated by legal uniform times of AAOV can’t maintain DPs’ former living standard or even not enough for land-lost farmers to pay social insurance, times of AAOV can be increased with the approval of government of province level. When the sum of land compensation and resettlement subsidy is calculated by 30 times AAOV and still can’t maintain DPs’ former living standard, local government can assist with income from state-owned land using-with-pay. Capital farm land acquired legally should be compensated at upper limit price issued by local peoples’ government.
(3) Enaction of integrated land price of land-acquired areas. In well- conditioned areas, land and nature resource department of province level, combining with relevant departments, can enact integrated land price of land-acquired areas of each county/city in the provincial area. And the land price can be publicized and implemented after approval from Peoples’ Government of province level. When integrated land price of different areas is enacted, factors such as land sort, land output value, land location, rank of farm land, cultivated land per capita, supply and demand condition of land, local economy development level and lowest living safeguard level of rural resident should be take into account.
Article 2 Regulations on “resettlement approach of land-acquired farmer”
(5) Resettled by agriculture production. When collective-owned land out of urban planning district is acquired, collective mobile lands, contract lands handed voluntary by contractor, circulated contracted lands and added lands by land development should be used to ensure land-acquired farmers obtain necessary cultivated land and continue their agriculture production.
(6) Resettled by re-employment. Opportunity of free training on skills should be provided to land-acquired farmers, and so are corresponding positions. Under the same condition, land-acquired farmers have priority to
43 be employed by land-using unit. When collective-owned land within urban planning district is acquired, land-lost farmers should be brought into urban employment system and social insurance system.
(7) Resettled by benefits from share. For profitable projects, farmers can buy a share by land compensation or by land use right of construction land approved legally at the premise that the farmers are voluntary and that land-acquired collective economy organization have coordinated with land- using unit. Collective economy organization and farmers can contract to obtain interests by preferred stock.
(8) Resettled by relocation in other place. For those landless farmers who have no basic productive condition and living condition within former areas, relocation in other place can be adopted at the premise that the opinions from collective economy organization and farmers have been taken into account.
Article 3 Regulations on “land acquisition procedure”
(9) Be told the condition of land acquisition. Before legal report and approval of land acquisition, the use, location and compensation of planned acquired land; and the resettlement approach should be known by land- acquired collective economy organization and farmers in written form. The ground attachments and green seeding planted or constructed after being told will not be compensated in land acquisition.
(10) Confirm the investigation results of planned acquired land condition. Local land and natural resource department should investigate the property, sort and acreage of acquired land, and investigate the property, sorts and quantity of ground attachments. The investigation results should be confirmed by village collective economy organization and villagers.
(11) Organize hearing of witnesses for land acquisition. Before legal report and approval of land acquisition, local land and natural resource department should tell village collective economy organization and villagers that they have rights to apply hearing of witnesses on land compensation rate and resettlement approach. If person concerned applies for hearing of
44 witnesses, hearing of witnesses should be organized according to the procedure and request regulated in Hearing Of Witnesses Regulations On Land And Natural Resources.
¾ Urban House Demolition Administrative Regulations stipulate
Article 6 House-demolishing institute can’t demolish house without house demolition license.
Article 8 When house demolition management department puts out house demolition license, demolisher and scope & deadline of demolition should be definite in the license and proclaimed in the form of house demolition bulletin. House demolition management department and demolisher should publicize and explain to the demolished on time.
Article 22 Demolishers should give appropriate compensation to the demolished due to this Regulation.
Article 23 Compensation methods of cash compensation and house property exchanging can be adopted.
Article 24 Sum of cash compensation is decided by location, function and construction acreage etc. of demolished house, and is paid at valuation price in real estate market. Detailed measures are formulated by Peoples’ Government of province, autonomous region or municipality directly under the Central Government.
Article 25 When house property exchanging is adopted, demolisher and the demolished should calculate the demolished-house compensation and the price of exchanged house according to Article 24 in this regulation. And the price difference also should be paid off.
As for non-commonweal attachment, cash compensation but not property exchanging can be provided by demolishers.
Article 26 As for commonweal house, demolisher should reconstruct according to relevant laws, regulations and city planning, or compensate with cash.
Article 27 As for house for rent, demolisher should compensate the demolished if the demolished have ended lease contract or have relocated the 45 lessee.
If the demolished can’t end lease contract with lessee, demolisher should compensate the demolished with house property exchange. And the exchanged house is still leased to formal lessee with new house lease contract.
Article 31 Demolisher should pay movement subsidy to the demolished or lessee.
The standard of movement subsidy and temporary relocation subsidy is formulated by Peoples’ Government of province, autonomous region or municipality directly under the Central Government.
Article 33 If production-stop and business-stop are caused by non- residential house demolition, demolisher should offer appropriate compensation.
¾ The Implementation Regulations of Qinghai Province on the P.R.C Land Administration Law stipulate
Article 33 Land occupations must conform to general land use planning and annual plan of land use.
Farmland occupation is not permitted if it can use wasteland; good land occupation is not permitted if it can use poor land; unused land occupation is encouraged in project construction and house site of rural and pasturing area.
Article 32 Preliminary hearing system is carried out in project land occupation. Land and development and reform administration departments notify the item unit to develop the prophase work and put forward preliminary application of land use.
Land administration department mustn’t approve the land use application if the land use doesn’t conform to the general land use plan or doesn’t acquire the farmland transferring plan target.
Article 33 It must be approved as the farmland transferred into the construction land in land occupation.……
46 Article 34 It must be approved by Xining People’ Government of city and county as state-owned construction land conformed by the general land use plan transferred into construction land and by Provincial People’ Government as the land use involved in energy, transportation, water conservancy approved by the State Department and Provincial People’ government.……
Article 3 It must acquire land by the provincial land administrative department as the land use involved in the key project of country and province, the transportation, energy and water conservancy project invested by country and the highway, pipeline and large infrastructure project approved by the provincial People’s Government.
Article 36 It must notice publicly about the use of land, location, compensation rate and way of allocation etc before the land acquisition application by land administrative department.
Article 37 It must have a survey to the utilization status of the land before acquisition by land administrative department and the collective economic organization and farming and grazing household affirm the result together.
Article 38 It must acquire land according to the following procedure by Xining and county People’s Government after the land acquisition approved
1 it must publish the land acquisition bullion in the scope of effected town and villages;
2 it must register the land acquisition compensation in appointed land administrative department with land right certificate and ground attachment right certificate by the owner and user of land acquisition in the term stipulated by the bulletin;
3 land administrative department and concerned departments draw out the land acquisition compensation scheme according to the approved land use scheme and the land compensation registration and publish the bulletin in the effected towns and villages and hear the effected collective economic and farming and grazing households’ suggestions;
4 land acquisition compensation plan must be put on records by the provincial land administrative department approved by the Xining People’s
47 Government of city and county;
5 it must pay all land acquisition compensation fee, subsidy of allocation fee, young crop and ground attachment compensation fee in three months since land acquisition and allocation plan approved.
Article 39 The land acquisition compensation must be checked in the term of the original use. The compensation of cultivate land acquisition and allocation subsidy fee must be confirmed by the Land Administration Law and concerned Stipulate of State Department…
Article 40 Tthe affected department and individuals must deliver land in stipulated term after being fully paid the different land acquisition compensations; While refuse to deliver the land .
It has no compensation planting the wood and building the ground attachment after the publishing the land acquisition bulletin.
Article 41 The People’s Government above county must deal the residential, produce and living problems with various ways to guarantee the stable and sustaining life of farming and grazing households.
Article 42 The People’s Government above county must establish and develop the coordination and adjudication mechanism about issue of land acquisition compensation and allocation to protect the legal rights of the effected farmers and land users...
Article 43 It must establish price evaluation system of the land acquisition and requisition.……
Article 44 The department and individuals, who destroy the land by digging, collapse and press, must recultivate in term of the concerned stipulate. It must hand in land recultivation fee if it has no condition or doesn’t accord with the demand for recultivation.
Article 45 The temporary land occupation for construction and land reconnaissance must be approved by the land administrative department of Xining People’s Government of city and county. The land user must give the compensation in term of the effected land scope, category and annual output value and recover the land condition and plant condition after approved term
48 and return it the original users.
The use term on temporary land is on two years.
Article 53 The People’s governments of different levels must enhance the management on construction land occupation of town and village and the use right of collective construction land can be transferred in term of the general land use plan and town plan. Concrete methods must stipulated by the provincial People’s Government.
Article 54 Each household only has a household and the land use standard of it as follows:
1 it should not exceed 200m2 in urban area of city and county;
2 it should not exceed 250m2 in irrigated land, not exceed 300m2 in dry land and not exceed 350m2 in non-cultivated land in other areas.
3 it should not exceed 450m2 in fixed residential site in the pasturing area.. ¾ Relative Regulation of Temporary Measures on Xining Collective Land Occupation Administrative
Article 11 It must compensate according to the original function of occupied land. The land acquisition compensation fee is owned by the collective economic organization, the ground attachment and young crops fees are owned by the owners.
It should earmark the subsidy of land acquisition for the specified purpose not other ways. It should allocate resettlement by the collective economic organization and subsidy of allocation should be paid for and managed and used by collective economic organization. Subsidy should be paid for the allocation department as other department allocation; subsidy should be paid for the effected individuals or as their social insurance fee as not unified allocation.
Article 12 It has other stipulation on the compensation standard of the land compensation, allocation subsidy, the ground attachment and young crop compensation.
49 It has no compensation on the new planted crops and new built buildings after the publishing of the bulletin.
Article 13 It transfer 15m2 state-owned lands per household ad the commercial serve land built by the village groups unfriendly to the collective economic organization that has been acquired all the cultivated land. The People’s Government draws the cost fee of land acquisition or reduces the land acquisition fund.
Article 14 It can transfer the agricultural residence registration to non- agricultural residence registration on the effected numbers of collective organization who accords for the following condition:
1 it actually occupy below 133m2 per person in collective organization after land acquisition ;
2 It has been removed the collective economic organization.
Article 15 It must reduce the original agricultural tax accordingly after the land acquisition.
Article 16 It transfers into state-owned land since the land acquisition scheme approved. It must cultivate by effected farmers or collective organization on occupying land before the use or development by the government.
¾ Interim Provisions of Xining Collective Land Acquisition Compensation Standard
Article 4 compensation on collective land acquisition should be paid on the basis of its former use. Collective land acquisition compensation is composed of land acquisition, resettlement subsidy, ground attachment and young crop compensation.
Article 5 Average annual production value of cultivated land in the last 3 years should refer to the following standard:
Compensation for dry land is 600Yuan/mu. Water land is respectively to be: crop land 1300Yuan/mu, vegetable land 2700Yuan/mu. The average annual output value of the cultivated land in the last three years should be calculated at the national price, and ratified and checked every three years.
50 Article 6 Compensation on land acquisition should be paid on the following standard:
(1) Cultivated land acquisition: if its area is below1mu (including 1mu) per capita, compensation should be 10 times of the AAOV in the last three years; if above 1mu, compensation should be 8 times of the AAOV in the last three years.
(2) For acquisition of fish-pond, breeding farm, orchard, perennial economic woodland and flower land, compensation should be 6 times of the AAOV of the neighboring crop land in the last three years.
(3) For acquisition of homestead, compensation should be 4 times of the AAOV of the neighboring dry land in the last three years.
(4) For acquisition of production land such as threshing floor and drying yard, compensation should be 2 times of the AAOV of the neighboring dryland in the last three years.
(5) For acquisition of forestland, compensation should be 3 times of the AAOV of the neighboring dry land in the last three years.
(6) For acquisition of vacant land, compensation should be 2 times of the AAOV of the neighboring dry land in the last three years.
(7) For collective 4 types of wasteland, compensation should be calculated according to the AAOV of the neighboring dry land in the last three years.
(8) For acquisition of township business land initiated by village collective economic organization, compensation should be 6 times of the AAOV of the neighboring dry land in the last three years.
(9) For acquisition of state-owned land in the long-term use of village collective economic organization, compensation should be 3 times of the AAOV of the neighboring dry land in the last three years.
Article 7 Resettlement subsidy for land acquisition should be calculated based on the agricultural population to be resettled. The agricultural population in need of resettlement shall be calculated by dividing the amount of acquired
51 cultivated land by the average amount of the original cultivated land per capita in the affected unit.
Resettlement subsidy for land acquisition of the following kinds of land:
(1) For cultivated land acquisition, subsidy should be based on Appendix 2.
(2) For acquisition of fish-pond, breeding farm, orchard, perennial economic woodland, subsidy should be 7 times of the AAOV of the neighboring vegetable land in the last three years.
(3) For the flowers planted outdoor, subsidy should be 10 times of the AAOV of the neighboring crop land; for the flowers planted indoor, subsidy should be 10 times of the AAOV of the neighboring vegetable land.
(4) For the forest land, subsidy should be 3 times of the AAOV of the neighboring dry land.
For those types of land beyond the above provisions, resettlement subsidy should not be paid.
Article 9 Young crop compensation should be given at rate of the AAOV of the dry land and the irrigated land (crop land, vegetable land) in the last three years.
¾ Relevant Provisions of Administration Regulations on Xining Urban House Demolition Article 2 These regulations should be applicable to: (a) house demolished on state-owned land in the urban planning area; (b) and the demolished persons and units needing compensated and resettled. Article 7 House-demolishing institute should not demolish house without demolition license. Article 10 The demolisher could demolish house by themselves, and also could entrust institutes with demolishing qualification to demolish house. House demolition management department should not play as a house demolisher or accept a demolition commission. Article 11 The demolisher should provide proxy for the entrusted institutes, and sign demolition commission contract with them. The demolisher should report demolition commission contract to house demolition management department for record, within 15 days from the day contract being signed.
52 The entrusted demolition institutes should not transfer demolition transaction. Article 13 The demolisher should implement house demolition within the demolition range and term determined by house demolition license. Demolition duration should not exceed 6 months. Article 25 Compensation methods of cash compensation and house property exchanging can be adopted. For cash compensation, its sum should be determined under consultation between the demolishers and the demolished persons and units. If they could not reach consistence, qualified real estate assessment mechanism should be entrusted to evaluate the demolished house, and evaluation fee should be paid by the demolisher. The demolished persons and units could select demolition compensation method except the regulations of item 2 in Article 28 and item 2 in Article 30. Article 26 For the house adopting cash compensation and house property exchanging, the determination of its area and function should be based on house ownership certification issued by house management department. Article 27 Sum of cash compensation is decided by the valuation price in real estate market, considering location, function and construction acreage, stories, building orientation, decoration, environment, and equipment etc. of the demolished house. Article 28 When house property exchanging is adopted, compensation on the demolished house and price of the exchanged house should be calculated according to the regulation of item 1 in Article 27. The price difference should be paid off after the delivery of house ownership certification to the demolishee. As for non-commonweal attachment, cash compensation but not property exchanging can be provided by demolishers. Article 29 As for commonweal house, demolisher should reconstruct according to relevant laws, regulations and city planning, or compensate in cash. ¾ WB Policy Involuntary Resettlement
10. The implementation of resettlement activities is linked to the implementation of the investment component of the project to ensure that displacement or restriction of access does not occur before necessary measures for resettlement are in place. For impacts covered in Para. 3(a) of this policy, these measures include provision of compensation and of other assistance required for relocation, prior to displacement, and preparation and provision of resettlement sites with adequate facilities, where required. In particular, taking of land and related assets may take place only after compensation has been paid and, where applicable, resettlement sites and
53 moving allowances have been provided to the displaced persons. For impacts covered in Para. 3(b) of this policy, the measures to assist the displaced persons is implemented in accordance with the plan of action as part of the project.
11. Preference should be given to land-based resettlement strategies for displaced persons whose livelihoods are land-based. These strategies may include resettlement on public land, or on private land acquired or purchased for resettlement. Whenever replacement land is offered, DPs are provided with land for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the land taken. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area, or sufficient land is not available at a reasonable price, non- land-based options built around opportunities for employment or self- employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated and documented to the satisfaction of the Bank.
Criteria are for Eligibility. Displaced persons may be classified in one of the following three groups:
Those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);
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; those who have no recognizable legal right or claim to the land they are occupying.
Resettlement Policies of the Project
All the resettlement policies carried out in this project are under resettlement policies of P.R.C, of Qinghai People's Government, of Xining People's Government and of the World Bank.
As for this project, all relative policies & regulations, qualification standard of beneficiary, assets appraise standard and compensation standard shouldn’t 54 be changed without WB permission.
Due to present design, the impacts of the projects involve permanent land acquisition and house demolition. Policies for impacts are as follows:
Policy of Collective Land Compensation and Labor Resettlement
Compensation policy of collective land acquisition
(1) As for land acquisition, compensation should be paid on the base of original purpose of the land. Compensation for land acquisition includes land compensation, resettlement subsidy and compensation for ground attachments and young crops. After the vote through village meetings consisted with over 2/3 villagers, land compensation is fully paid to DPs.; and compensation for ground attachments and young crops belongs to Owner; resettlement subsidy for land acquisition is used to settle the labors particularly, which cannot be embezzled.
2 The compensation standard for cultivated land acquisition should be 10 times of the AAOV of the last 3 years in the area. The AAOV is: 600 Yuan/mu for dry land, 1300 Yuan/mu for grain land, and 2700 Yuan/mu for vegetable land. The compensation standard for other land except cultivated land should be calculated according to dry land or grain land.
3 Resettlement subsidies for requisition 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 requisitioned cultivated land by the average amount of the original cultivated land per person of the unit the land of which is requisitioned. The standard resettlement subsidies to be divided among members of the agricultural population needing resettlement shall be four to 20 times the average annual output value of the requisitioned cultivated land for three years preceding such requisition.
Resettlement subsidy standards for the non-agricultural land acquisition are as following:
55 ¾For fish ponds, breed aquatics plants, fruit gardens and multiyear economic forests, it is 7 times of the AAOV of surrounding vegetable land. ¾For outdoor flowers, it is 10 times of the AAOV of surrounding food land. ¾For forest lands, it is 3 times of the AAOV of surrounding dry land.
Resettlement policy
Due to relevant policies of Xining, resettlement on land, cash resettlement or employment resettlement shall be adopted.
(1) Land compensation and resettlement subsidy can be distributed to the affected households for them to continue their original occupation or do private business.
(2) Government will establish perfect labor service system to offer help to affected villagers. Before land acquisition, labor service institute is established to offer DPs with employment help in different channels, such as opening labor market and providing skill training freely.
(3) All affected labors will be appropriately resettled.
4 As for villages with high land acquisition impact ratio, PMO should help village collective to develop tertiary projects. Beneficiary coverage should include Dps in this project to guarantee DPs’ living standard no decreasing and income increasing steadily.
Compensation Policy on Permanent State-owned Occupation
Due to relevant laws, permanent stated-owned land occupation in the project is transferred freely by CCRB.
Resettlement Policy on Rural Residential House Demolition
Resettlement policy
Options of cash resettlement and house site rebuilding are adopted in
56 this project. Besides, movement subsidy, temporary relocation subsidy and bonus can be provided. Displaced persons can choose different options according to their own economic condition and individual demand.
(1) Cash compensation includes cartilage lands and houses. Houses founded on the collective land would be compensated separately, which means the buildings would be compensated according to replacement price, while the land according to collective land acquisition policy (See details in 4.3.1.1). With cash compensation, DPs who purchase commodity house will have no rights owning the house site any more.
(2) If any persons would like to build house by themselves, they can build their houses on the appropriate location within municipal development plan permission area after their application getting approval by government. The government will invest in water supply, power supply, access road and land leveling. The acreage of house site should be no more than 200m2 per family.
Subsidy Policy on Movement
(1) Movement subsidy: Accepted by house renter with 200 Yuan (no transitional fee need) or 400 Yuan (transitional fee needed) per household in a lump; (2) Subsidy for temporary relocation: calculated by construction acreage with 4 Yuan/m2 monthly for 6 months after being resettled.
Resettlement Policy on Non-Residential House Demolition
Compensation for non-residential house (enterprises, institutes and shops) should include house compensation, establishment compensation and subsidy during movement. Methods of cash compensation and house exchange compensation are adopted in this project. Displaced persons can choose different method according to their own wills.
57 Appraisal
If cash compensation adopted, but the compensation sum cannot be confirmed through negotiations, demolishers should entrust qualified real estate company to appraise the demolished houses. Appraisal cost should be paid by demolishers. Houses should be appraised at market value by real estate appraising agency with qualification in law on the basis of house position and house purpose according to Real Estate Appraising Regulations. Before real estate appraising agency confirms the market price of demolished houses, the voice of the demolished should be heard.
Resettlement Policy
With cash compensation for non-residential house demolition, affected enterprises and institutes can rebuild as their own wills in the land offered by government.
In enterprises and institutes’ movement, the workers’ rights and benefits have no effect including wage, medical and social insurance, sharing profit and bonus and the like.
Subsidy Policy on Movement
(1) Movement subsidy: Non-residential house movement subsidy includes the fees on establishment demolition, transportation and installation. The standard is 120 Yuan per five tons.
2 Production stop and shutout subsidy: Be accepted by the demolished persons. Labors who were recorded in the labor department 1 month before house demolition would be compensated with 220 Yuan/person·month. The compensation period is 6 months.
Resettlement Policy on Vulnerable Groups
Besides the above policies, vulnerable groups can still enjoy the following rights:
¾Those who only own unlicensed structures will be compensated at market price.
58 ¾Labors in vulnerable families can obtain employment training freely and have priority to be offered with employment opportunities.
¾During the implementation of project, labors of vulnerable families should be top-priority employed to do easy-skill job.
¾Institutes responsible for resettlement should try best to help and support vulnerable families movement.
Compensation Policy for Infrastructure and Affected Ground Attachments
Affected infrastructure and ground attachment will be compensated by project construction institutes and be reconstructed by owners. Those that have brought into engineering project will be reconstructed by project construction institutes.
59 Compensation
The compensation standard is decided according to above legal framework and actual conditions in the affected municipalities.
Compensation Standard for Rural Collective Land Acquisition
According to Land Administration Law of P.R.C and The Implementation Regulations of Qinghai Province on the P.R.C Land Administration Law, then combining with The Temporary Management Measures on Collective owned land of Xining and The Temporary provisions on Collective owned land acquisition compensation standard of Xining, land compensation rate is confirmed on the basis of on-spot survey and data supplied by Xining Land and Resources Bureau and negotiating with Village Committees of land acquisition. The details of land compensation standard are shown in Table 0-1.
60 Table 0-1 Compensation standard for permanent land acquisition
Land compensation Yuan/mu Resettlement subsidy Yuan/mu Young crop compensation/ground attachments Land categories Total Remarks AAOV(Yuan) Multiple Compensation Yuan AAOV(Yuan) Multiple Compensation Yuan AAOV(Yuan) Multiple Compensation Yuan
Dry land 600 10 6000 600 20 12000 600 1 600 18600 Grain Cultivated 1300 10 13000 1300 20 26000 1300 1 1300 40300 land land Vegetable 2700 10 27000 2700 20 54000 2700 1 2700 83700 land Fish pond, aquatic Attachments plant, orchard, compensation 1300 6 7800 2700 7 18900 / / / 26700 economic forest grown according to actual for many years situation Attachments compensation House sites 600 4 2400 600 0 0 / / / 2400 according to actual situation Attachments compensation Woodland 600 3 1800 600 3 1800 / / / 3600 according to actual situation Land of township and 600 6 3600 600 0 0 / / / 3600 village enterprises Waste land 600 1 600 600 0 0 / / / 600
61 Compensation Standard for State Owned Land
According relevant regulations, two ways of transfer for free and using by paying involved in permanent acquisition of stated owned land. Among which, the land transferred by free is transferred directly to project management office by Land and Resources Bureau; the use right of land using by paying is transferred to project management office by the former unit with land use right and which will be paid by the project management office.
Compensation Standard for Rural Residential House Demolition
Compensation for the residential houses on the collective owned land is separated from the compensation of the land of the house, i.e. the building is compensated according to the replacement price and the compensation for the land of the house is according to collective owned land acquisition (details are shown in homestead compensation standard of table 5-1). See details of standard of building compensation in Table 0-2.
To get a definite and reasonable replacement price of the building, investigation team is set up by project office to collect the related data, under the consultation with the APs. For 3 house types in this rural residential house demolition are included: brick-concrete structure first class, second class and third class, replacement price of the three types is calculated. Details are shown in Table 0-3. It could be seen from Table 0-4 that compensation standard of rural residential house is higher than the replacement cost.
Table 0-2 Compensation Standard for Rural Residential House
Structure type House class Unit Standard Yuan/unit Remark House compensation Steel-concrete Not include compensation / 928 structure of house site First class 597 Brick-concrete Second class 569 structure Third class 543 Fourth class 516 First class 563 Brick-wood Second class 535 structure Third class 515 62 Structure type House class Unit Standard Yuan/unit Remark First class 527 Second class 499 others Third class 474 Fourth class 454 Other compensation Only for temporarily Moving subsidy Household 400 transition if not 200 yuan / household Temporary relocation subsidy ·month 4 Calculated as 6 months
Table 0-3 Investigation on replacement price of rural residential house
First class Second class Third class Price Item Unit area of per unit (Yuan/unit) quantity investment quantity investment quantity investment Main material 1.steel bar kg 6.18 12.0 74 11.0 68 10.9 67 2.wood m3 840 0.1 84 0.1 84 0.1 84 3.cement T 570 0.1 57 0.1 57 0.1 57 4.rectangular piece 0.31 92.0 29 91.0 28 88.0 27 brick 5.pebble m3 60 0.2 12 0.1 6 0.1 6 6.sand m3 55 0.3 17 0.2 11 0.1 6 7.precast piece 135 0.4 54 0.4 54 0.4 54 slab 8.glass 2 9.steel m 95 0.6 57 0.6 57 0.6 57 window Other material m2 46 / 46 / 46 / 46 labor cost m2 120 / 120 / 120 / 120 Cost of three supplies and m2 5 / 5 / 5 / 5 one leveling total m2 / / 554 / 536 / 529
Table 0-4 Comparison between replacement price and compensation standard
building type unit A replacement price (Yuan/unit) B. compensation standard (Yuan/unit) B-A First class 554 597 43 Second class m2 536 569 33 Third class 529 543 14
Compensation Standard for Nonresidential Houses
Houses of institutions and enterprises are evaluated according to the location and usage, and then set the evaluation price. Experienced and qualified agency will be selected by project office to carry out the evaluation, according to the requirements of the No. 37 Government Order. The cash
63 compensation standard consists of building replacement price and relocation price of demolition. Compensation standard of houses of enterprise and institutions are shown in Table 0-5. If evaluation price is lower than the standard, the higher will be adopted.
Table 0-5 Compensation Standard for Houses of Institutions and Enterprises
Structure type Unit Standard Yuan/unit Remark House compensation Industrial occupancy Steel-concrete / 1186 structure First class 860 Second class 832 Mixed structure Third class 806 Fourth class 780 Including location price, First class 826 which calculated at the mid Brick-wood value; the standard is 270 Second class 798 structure yuan/ Third class 778 First class 790 Second class 762 others Third class 738 Fourth class 718 Office occupancy Steel-concrete / 1261 structure First class 935 Second class 907 Mixed structure Third class 881 Fourth class 855 Including location price, First class 901 which calculated at the mid Brick-wood value; the standard is Second class 873 structure 345yuan/ Third class 853 First class 865 Second class 837 others Third class 813 Fourth class 793 Other compensation Moving subsidy 5 ton or carriage 120 Calculated at the number of Compensation for stop of person*month 220 the contracted workers, at production and business closed most 6 month
Compensation Standard for Ground Attachment
Compensation Standard for all kinds of attachments affected by project can be seen in Table 0-6.
Table 0-6 Compensation Standard for Affected Ground Attachment
Item Unit Yuan/Unit Comfort station Set 180 64 Item Unit Yuan/Unit 380V wire pole Pole 1500 Transformer Set 200 Canal m 80 Water supply pipeline m 5.4 Drain pipe m 5.4 Tap water pipeline m 20 Greenhouse for 36 vegetables fixtures Pumping well, large opening well set 2000 Big tree non-fruit Pole 70 Small tree non-fruit Pole 40 Pond Per 150 Well Set 200 Bounding wall m 37.14 Toilet Per 180 Cement ground 50 Gatehouse Per 400
65 Standard for other Fees
See the standard for resettlement expenses of taxation in Table 0-7.
Table 0-7 the Standard for Resettlement Expenses of Taxation
No. Item Standard for collecting fees According to Object 1 Farmland use tax 3335Yuan/Mu Guo Fa [1987]No.027 Xining Financial Bureau Cultivated land Irrigable land 3600Yuan/Mu Land and Resource Department 2 Qing Zheng Ban [2004] No. Y143 cultivation Fee Dry land 2000Yuan/Mu Of Qinghai Province Compensation for Xining city 48Yuan/ Financial Department of Qinghai 3 newly added Cai Zong Zi 1999 No.117 Huangyuan county 14Yuan/ Province construction land 4% of the total land acquisition 4 Management fee of acquisitioned land Land and Resource Bureau fund Fee of reconnaissance, design and scientific 3% of the total land acquisition 5 research fund 5% of the total land acquisition 6 Management fee of implementation fund 3% of the total land acquisition 7 Technical training fee fund 2% of the total land acquisition 8 External monitoring fee fund 1% of the total land acquisition 9 Internal monitoring fee fund 10% of the total land acquisition 10 Contingency cost fund
66 Resettlement Scheme
Resettlement Objectives
The displaced persons should be ensured to gain compensation for all of their loss, to share project benefit by proper resettlement and good restoration, to provide subsidy for their temporary difficulties, and to increase their income level, living standard or at least to restore them. Enterprise production, profit making abilities should be improved or at least equal level prior to the beginning of project implementation.
Resettlement Principles
Principle of Reducing Affected Population as much as possible
With the characteristics of zonal construction in the project, the design direction can be altered properly to reduce the affected area of the project as much as possible, so as to reduce the affected population.
Principle of Equally Compensating
In order to ensure APs’ living standard do not decrease because of project, principle of equally compensating should be employed which including two parts, one is to compensate property by replacement cost, the other one is to compensate as actual for other damages.
1. As for agricultural land acquired, all the damages should be compensated properly and the compensation is to be paid to representative collective organizations to develop collective economy without embezzlement. Those APs who work in agriculture should be co-arranged by local government, PMO and Village Committees to be employed in principle of “resettling in site and being on position in multi-channels” to keep their living standard from affecting.
2. Resettlement family shall gain resettlement house whose
67 transportation, all kinds of affiliated facilities and surroundings is equal to the original house or the same value of original house.
3. The enterprises will keep original organizational chart and house scale with same functions to restore original business environment as much as possible or gain the same valuable compensation. Meanwhile, production stop and shutout affected by project should be compensated, which is called shutout compensation.
4. Public facilities will be restored fully and their functions should not lower than original level at least to guarantee unmoving residents’ natural living in the surroundings of project.
5. Those who do not affected temporarily and those whose property has been damaged partly but no need to move, equal compensation will be allocated too.
Principle of Focusing on Emphasis
1. Project will pay attention to the vulnerable groups (such as the old who has no adult children living together with, widows, single family, the handicapped, chronic patients and poor families). In movement, the preferential policies including housing, employment will favor them. Meanwhile, after movement regular re-visit will be done too for help to particular difficulties until transferring them to local civil governmental departments.
2. Project will plan exploitative movement to mobilize local governments’ power to carry out APs’ employment training and create employment opportunity as much as possible to accustom APs to resettlement environment in short time, therefore to transfer the responsibilities of resettlement from resettlement organizations to APs themselves.
3. Project will try its best to maximize cost and benefit of resettlement to
68 develop resettlement ability of the organizations, to standardize resettlement behavior, to establish perfect inside control system, to prevent fund wasting, cutting, embezzling and corrupting to utilize resettlement funds well to reach best resettlement effect; that is to say, in indicators of enacted resettlement effect, project is to try best to reduce resettlement cost.
Resettlement for Permanent Land Acquisition
The riverway regulation in Xining urban area and 3 counties is involved in this project. During the project designing and implementation stage, having fully considered the effect on the local social and economic development and living and production system by land acquisition, project management office put forward several plans to compare and optimized the project by engineering measures to control the riverway width and construction scale, to decrease acquisition area at most, and to diminish and delay the bad effect on local living and production. Therefore, this project will not do exterminatory destroy to local living and production system.
During Dec, 2007 to March, 2008, resettlement investigation group have discussed the RAP with the affected villages through symposia. According to the opinions from the APs and the local actual situation, combining with the comprehensive analysis of the environmental capacity of resettlement, overall planning of resettlement was finally worked out: APs in each subprojects will be relocated in their former communities so as to maintain the stability of the living and production style, customs and social relation, to enhance the positively and adaptability of the APs. In terms of production, monetary compensation is adopted and no land exchanging is included, through discussion with the APs. During July and September, 2008, under the negotiation between project office and the village collective economic organization, village rehabilitation measures will be worked out and business projects will be developed in the affected villages to provide the land-lost
69 labors with employment, so as to insure APs can resume and improve their living standard. All the APs will be benefited.
Impacts Analysis
39 villages in this project are impacted by rural collective land acquisition. Totally it will permanently acquire 1635.1mu land (1229.4 mu of grain land and vegetable land, accounting 75% of total rural collective land acquisition) with 888 households, 3549 people affected. In subprojects of stemflow of Huangshui River, Nanchuan River and Beichuan River, those 20 affected villages locate in outskirts of Xining City with little cultivated land per capita. Cultivated land per capita of all villages is below 1mu except for Zhangjiawan village, Xiejiazhai village and Yuanbaozi village; In subproject of Huangshui River, those 13 affected villages locate in county area of Xining City with more cultivated land per capita. Cultivated land per capita of all villages is more than 1mu except for Guanghua village, Yongxing village and Chihan village, Dahua village and Lida village; cultivated land per capita of Miaogou village reached 2.8mu, which is the highest. Besides, due to the characteristics of zonal construction in the project, the impact ratio will be no more than 10%, except Hongxing village, Hongguang village Shuangsubao village and Guojiata village. So land acquisition has not much effect on farmers. Besides, it is calculated at the ratio of labor population to land area, that the re-settlers are 3549 people, accounting for 7% of the total population (50529 people) of the affected villages. See details of impact analysis on land acquisition in Table 6-1.
70 Table 0-1 Impact Analysis on Land Acquisition
Before acquisition Impacts by land acquisition Impact ratio Total Affected House- Popu- Land Sub- Town/ Total Affected Re- City/District Village popu- Plow- Plow- popu- hold lation acqui- project subdistrict house- house- settlers lation land (mu) land (mu) lation percent- percent- sition ratio hold hold (person) (person) tage (%) tage (%) (%) Chengxi Zhangjiawan 207 837 1100 15 11 51 5.31% 6.09% 1.36% 51 Penjiazhai District Hanzhuang 390 1560 182 0 0 0 0.00% 0.00% 0.00% 0 Mafang street Sanqi 460 1897 1450 0 0 0 0.00% 0.00% 0.00% 0 Main committee Stream of Chaoyang Huangshui Chengbei street Qijiacheng 325 1280 500 6.27 3 9 0.92% 0.70% 1.25% 9 River District committee Xiaoqiao Beixinyuan 95 410 162 0 0 0 0.00% 0.00% 0.00% 0 street Taojiazhai 320 1420 711 28.66 13 57 4.03% 4.03% 4.03% 57 committee Taoxin 270 1150 754 40.02 14 61 5.31% 5.31% 5.31% 61 Nanchuan West Xinqing 75 323 32 0 0 0 0.00% 0.00% 0.00% 0 River Nanchuan Hongxing 229 720 189.44 104 126 400 54.90% 55.58% 54.90% 400 Road street Chengzhong committee Shenjiazhai 655 2882 1460 72 33 147 5.09% 5.09% 4.93% 147 District East Nanyoushan 325 1300 3671 5 2 10 0.62% 0.77% 0.14% 10 Nanchuan Hongguan 192 537 343 65.92 37 103 19.22% 19.22% 19.22% 103 Road street committee Shuimo 350 1470 677 40 21 87 5.91% 5.91% 5.91% 87 Chengnan Zongzhai Shuimo 220 820 556 9.5 3 13 1.36% 1.59% 1.71% 13 District Town Xingjia 64 664 669 5 2 8 3.13% 1.20% 0.75% 8 Xin’an 334 1324 762.53 59.25 64 291 19.16% 21.98% 7.77% 291 village Yuanbaozi 394 1507 1613.54 27 30 126 7.61% 8.36% 1.67% 126 village Lujiazhai 501 1974 3680 179.85 110 466 21.96% 23.61% 4.89% 466 village Xiejiazhai 959 3890 5379.3 12 32 171 3.34% 4.40% 0.22% 171
71 Before acquisition Impacts by land acquisition Impact ratio Total Affected House- Popu- Land Sub- Town/ Total Affected Re- City/District Village popu- Plow- Plow- popu- hold lation acqui- project subdistrict house- house- settlers lation land (mu) land (mu) lation percent- percent- sition ratio hold hold (person) (person) tage (%) tage (%) (%) Xinzhuan 598 2247 1200 51.5 44 165 7.36% 7.36% 4.29% 165 Guojiata 252 461 472 95 51 93 20.13% 20.13% 20.13% 93 Shitolei 412 1786 1420 69.55 29 127 7.10% 7.10% 4.90% 127 Beichuan Chengbei Shuangsubao 380 1800 330 92.5 107 505 28.03% 28.03% 28.03% 505 Ershilipu River District Ershilipu 560 2247 1450 85 33 132 5.86% 5.86% 5.86% 132 Weijiazhuan 200 1260 160 5 2 9 1.00% 0.71% 3.13% 9 Jiujiawan 186 761 420 21 9 38 5.00% 5.00% 5.00% 38 Dalu 217 846 1364 4.5 9 36 4.15% 4.26% 0.33% 36 Kouzi 96 393 1112 8.7 8 26 8.33% 6.62% 0.78% 26 Miaogou 96 432 1211 11.87 8 35 8.33% 8.10% 0.98% 35 Shenzhong Kalu 213 960 1980 13.5 8 38 3.76% 3.96% 0.68% 38 Town Yaozhuang 132 546 664 2.7 4 17 3.03% 3.11% 0.41% 17 Xinquan 224 914 1828 6.3 7 29 3.13% 3.17% 0.34% 29 Huangshui Huangyuan Lida 249 1120 838 21 18 88 7.23% 7.86% 2.51% 88 River Dahua 340 1375 1020 6.6 7 29 2.06% 2.11% 0.65% 29 Dahua Chihan 720 3365 2162 21.4 13 54 1.81% 1.60% 0.99% 54 Town Hejiazhuang 152 640 1280 5.17 6 25 3.95% 3.91% 0.40% 25 Wangfeng 331 1337 1439 16.2 7 24 2.11% 1.80% 1.13% 24 Chengguan Guanghua 265 1263 795 13.04 9 36 3.40% 2.85% 1.64% 36 Town Yongxing 212 811 618 9.4 9 44 4.25% 5.43% 1.52% 44 Total / 12200 50529 45654.8 1229.4 888 3549 7.28% 7.02% 2.69% 3549
72 Table 0-2 Loss Analysis on Cultivated land
Cultivated land loss Town/ Village <10 11% 20% 21 50 51 80 81 99 100% Subtotal subdistrict House House House House House House House people people people people people people people -holds -holds -holds -holds -holds -holds -holds Zhangjiawan 4 17 6 29 1 5 11 51 Penjiazhai Hanzhuang 0 0 Mafang street Sanqi 0 0 committee Chaoyang street Qijiacheng 1 4 2 5 3 9 committee Xiaoqiao Beixinyuan 0 0 street Taojiazhai 3 11 9 42 1 4 13 57 committee Taoxin 2 5 4 17 6 30 2 9 14 61 West Xinqing 0 0 Nanchuan Hongxing 33 101 79 241 14 58 126 400 Road street committee Shenjiazhai 2 8 31 139 33 147 East Nanyoushan 2 10 2 10 Nanchuan Hongguan 12 42 25 61 37 103 Road street committee Shuimo 4 14 17 73 21 87 Shuimo 3 13 3 13 Xingjia 2 8 2 8 Xin’an village 5 21 48 223 11 47 64 291 Yuanbaozi Zongzhai 9 44 21 82 30 126 Town village Lujiazhai 101 421 6 31 3 14 110 466 village Xiejiazhai 31 167 1 4 32 171 Xinzhuan 7 30 21 57 16 78 44 165 Ershilipu Guojiata 11 18 17 24 20 47 3 5 51 94
73 Cultivated land loss Town/ Village <10 11% 20% 21 50 51 80 81 99 100% Subtotal subdistrict House House House House House House House people people people people people people people -holds -holds -holds -holds -holds -holds -holds Shitolei 17 73 7 31 5 23 29 127 Shuangsubao 24 93 41 182 38 209 4 21 107 505 Ershilipu 6 22 11 38 16 72 33 132 Weijiazhuan 2 9 2 9 Jiujiawan 1 4 8 34 9 38 Dalu 1 4 6 26 2 6 9 36 Kouzi 4 12 3 11 1 3 8 26 Miaogou 5 21 3 14 8 35 Shenzhong Kalu 7 35 1 3 8 38 Township Yaozhuang 4 17 4 17 Xinquan 7 29 7 29 Lida 11 56 7 32 18 88 Dahua 4 17 3 12 7 29 Dahua Town Chihan 1 5 3 15 7 27 2 7 13 54 Hejiazhuang 5 21 1 4 6 25 Wangfeng 3 12 4 12 7 24 Chengguan Guanghua 5 19 1 4 3 13 9 36 Town Yongxing 6 33 1 4 2 7 9 44 281 1190 278 1071 296 1157 33 133 0 0 0 0 888 3549 Total/Percentage 32% 34% 31% 30% 33% 33% 4% 4% 0% 0% 0% 0% 100% 100%
74 Relocation Measures
Due to analysis on investigations, land acquisition can lead to 100-200 yuan economic loss of to each household annually, accounting for 3.3%-6.6% of former agricultural net income, so there is little impact on them. That is to say, land acquisition has little impact on the living and production of the affected households. After land acquisition, cultivated land per capita in project area is 0.79mu.
Permanent land acquisition resulted from riverway regulation will improve the former agricultural production conditions. It means income of the households may increase by the added output, even if their land was acquired.
In the beginning of 1980, the household contract responsibility system was adopted in Xining without changing the collective ownership of the land, and farms got the managerial autonomy of contracted land. From 1998, the second round of land contract began in Xining based on the land contract in 1980-1982, which extended the term of land contract by 30 years through formal contract between households and village committee. The land system during this period is the system basis of this project when involved land problem in the implementation period of this project plan. Based on this land system and the objective situation, village cadre and villagers both think it impossible to adjust land for the affected households. In addition, except a few households, the acreage of acquired land of each household is very small, so they will not accept the small waste land in a remote place even if at the equivalent compensation principle.
Due to field survey, almost all the affected household were ready for the land acquisition and all asked for cash compensation, which is easy to manipulate and with compensation, the households can resume their living and production.
75 From above analysis, the effects of project land acquisition are various in different villages. So restoration plan should made according to affected extend, the rest land and APs’ opinion.
For the 9 villages with higher impact ratio(>5%) of land acquisition, different economic resuming plan were made out during the socio-economic investigation period after the sufficient negotiation with village committees and APs. Details are shown in income rehabilitation scheme for the affected villages.
For the villages with low impact ration of land acquisition, there are mainly two income resuming plans: (1) based on the compensation standard adopted in Xining and the amount of land loss, cash compensation will be paid. After the agreement of over 2/3 of the villagers, land compensation and resettlement will be paid to APs, with it which can continue its current career or conduct self-employment. (2) Reduction of output resulted from droughts or water and soil loss will be decreased, which will consequently bring considerable riverway regulation benefits; meanwhile, the building of irrigation and water conservancy facilities can make sure the harvest of all climate conditions thus improve the quality and output of Cultivated land, increase the income of affected households and make up the income loss caused by land acquisition.
Besides, for all the affected villages, during the entire resuming period of APs’ production, resettlement implementation institution will do their best to help and support APs.
(1) During project construction period, give priority in arranging jobs fort APs, which will bring cash income to them.
(2) Give priority in arranging labor service export for affected people in affected county.
76 (3) Some technical consultation and training programs are provided for affected people and such agricultural trainings is about cash crops and other nonagricultural activities. Relevant staffs of agricultural department and labor guarantee department will be invited to relocation area to offer training on agriculture and cultivation to increase the crop output. Every affected household must be ensured to receive such trainings at least once. These measures are aiming to increase the income of affected people and resume their livelihood.
During social economic investigation, resettlement designing unit surveyed all the affected villages to confirm the impacts of land acquisition and resettlement and made out proper economy resuming plan after discussion of the most villagers. As above mentioned, for most villages, land acquisition effect is little and even. After land acquisition, affected people still have some land, so most of them would like the compensation land be directly paid to them, which can make sure all the compensation fund and right reach affected people fully and timely. On concern is concentrated on the households who are lack of the ability to conduct nonagricultural activities so alternative land purchasing or renting for them may be necessary. Besides, after project implementation, output reduction of crops due to floods or water soil loss will decrease, thus greatly guarantee the income resuming of affected people.
Income Rehabilitation Scheme for the Affected Villages
To improve or at least maintain the former production and living standard and the income level, compensation on the acquired land for the affected villages will be paid; besides, based on the sufficient negotiation, production and resettlement plan is worked out in accordance with the practical development of the affected villages, on basis of the development status and the future prospect. Through investigation, the 9 villages are the city village or lie in the rural-urban continuum, therefore, the percentage of agricultural income is low, and there is 77 enormous strength in the villages, with the well-developed second industry and tertiary industry. As to the project, the village collective economic organization will pay the full compensation of land acquisition to the APs, following a strict standard, and development fund will not be kept down. To collect capital for the rehabilitation measures and to share the development benefits, village’s conference will be held to formulate the detailed ways and procedures, affected persons are ensured to share the profits equally .
1. Hongxing Village
Hongxing Village locates in the authorized area of Nanchuan Southern Road of Chengxi District in Xining, with a population of 729 people (229 households) and an area of the present cultivated land being 189mu. Agricultural income accounts for 5% less in the total income. The second industry and the third industry develop well. 72mu cultivated land is acquired in the village, 400 people (136 households) being affected. Impact ratio of land acquisition is 55%. Details are shown in Table 0-1.
Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 208 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 1654 Yuan and 519 Yuan. Cultivated land of each person is 0.12mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Hongxing Village is 8.705 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-3 Income loss and the compensation of Hongxing Village
B. compensation on land acquisition 104Yuan Village A. predicted income 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation 78 Hongxing cultivated 20.8 280.8 561.6 28.08 870.48 41.85 Village land After investigation, analysis and negotiation with the APs, the income rehabilitation measures possible to be taken by Hongxing Village is as following: (1) Invest to build a pet market Totally 7 million Yuan is planned to be invest for a pet market, to ensure an absolute controlling interest. The village committee will prepare 55% of the investment by themselves and obtain the rest 45% from financing. The predicted annual benefit is 1.2 million Yuan, and all the villagers will be benefited (including the APs of the project). 1600 Yuan will be increased to the annual income per capita by the pet market. (2) Newly build greenhouse and rebuild old greenhouse 150 greenhouses are planned to be newly built in Hongxing village, and 50 old greenhouses are to be rebuilt, with a total investment of 0.4 million Yuan. The capital all comes from the village. The greenhouse will be rent out to the non-native farmers. It is predicted to that they could get a return of 0.6 million Yuan per year. 823 Yuan will be increased to the annual income per capita by the measure. Income rehabilitation measures of Hongxing Village are shown in Table6-4.
Table 0-4 Income rehabilitation measures of Hongxing Village
Production Increased annual net investment benefited Increased total net No. resuming income per 104Yuan population person income 104Yuan/year Plan capita Yuan/person Reforming 1 irrigation 700 729 120 1646 facilities Newly building greenhouse 2 and 40 729 60 823 rebuilding old greenhouse According to calculation, 208 thousand Yuan of the annual income is reduced by the project in Hongxing Village. Through the above income habilitation measures, an annual income of 1.592 million is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-5.
Table 0-5 the predicted income rehabilitation of Hongxing Village
A. predicted income B. increased income from production resuming village B-A 104Yuan loss 104Yuan/year measures 104Yuan/year Reforming irrigation facilities 120 Hongxing 20.8 Newly building greenhouse and 159.2 60 rebuilding old greenhouse
2. Xinan Village 79 Xinan Village locates in Zongzhai Town of Chengzhong District, with a population of 1324 people (334 households) and an area of the present cultivated land of 762mu. Agricultural income accounts for 30% in the total income. Villagers live mainly on temporary working outside. The second industry and the third industry develop well. Therefore, the villagers earn much.
An area of 762mu land is acquired in Xinan village, and the impact ratio of land acquisition is 7.78%. Details are shown in Table 0-1. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 118.5 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 1852 Yuan and 407 Yuan. Cultivated land of each person is 0.5mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Xinan Village is 7.198 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-6 Income loss and the compensation of Xinan Village
B. compensation on land acquisition 104Yuan A. predicted income Village 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation Xinan cultivated 11.85 159.975 319.95 15.9975 495.9 41.85 Village land After investigation, analysis and negotiation with the APs, the income rehabilitation measures possible to be taken by Hongxing Village is as following: ¾ Programming industrial park
The area of the present industrial park is more than 200mu in Xinan Village, another 300mu being increased after the project. The village collective economic will benefit from it by land pooling. Based on the present benefit, it is calculated that the rent of the new industrial park is at 5000Yuan/mu or so. Therefore, after the park is enlarged,
80 the annual income is predicted to increase by 1.8 million Yuan. All the villagers are benefited. 1360Yuan will be increased to annual income per capita by the measure.
Table 0-7 Income rehabilitation measures of Xinan Village
Production Increased annual net investment benefited Increased total net No. resuming income per 104Yuan population person income 104Yuan/year Plan capita Yuan/person village 1 industrial Pooling of 300mu land 1324 180 1360 park According to calculation, 118.5 thousand Yuan of the annual income is reduced by the project in Xinan Village. Through the above income habilitation measures, an annual income of 1.6815 million is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-8.
Table 0-8 the predicted income rehabilitation of Xinan Village
A. predicted income B. increased income from production village B-A 104Yuan loss 104Yuan/year resuming measures 104Yuan/year Xinan 11.85 industrial park 180 168.15
3. Shuimo Village
Shuimo Village locates in the administration area of Nanchuan East Street of Chengzhong District, with a population of 1470 people (350 households) and an area of the present cultivated land of 677mu. Agricultural income accounts for 20% in the total income. The second industry and the third industry develop well. Therefore, the villagers earn much. An area of 40 mu land is acquired in Shuimo village, and the impact ratio of land acquisition is 5.91%. Details are shown in Table 0-1. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 80 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 3869 Yuan and 921 Yuan. Cultivated land per capita is 0.43mu after land acquisition. Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Shuimo Village is 3.348 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-9 Income loss and the compensation of Xinan Village
B. compensation on land acquisition 104Yuan Village A. predicted income 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation
81 Shuimo 8 cultivated 108 216 10.8 334.8 41.85 Village land After investigation, analysis and negotiation with the APs, the income rehabilitation measures possible to be taken by Hongxing Village is as following:
(1) Farm tourism and tea field
Shuimo village plans to establish farm tourism and tea field with their own land which is pooled to get land rentals. The planned scale is 90 mu lands. The land retail standard is 2500 Yuan per year, so the annual income could reach 225 thousand Yuan, and the beneficiary is all the villagers of whom the annual income per capita could be raised by 153 Yuan/person.
(2) Folk-custom garden
Shuimo Village plans to establish a folk-custom garden with 200 mu lands which is pooled to get land rentals. The land rental standard is 3000 Yuan per year, so the annual income could reach 600 thousand Yuan, and the beneficiary is all the villagers of whom the annual income per capita could be raised by 408 Yuan/person.
(3) Grape planting base
In order to develop facility agriculture, Shuimo Village plans a grape planting base which needs 30 mu lands. The total investment fund might be 480 thousand Yuan, of which 90 thousand Yuan would be paid by Agricultural Bureau, and 390 thousand Yuan would be prepared by the village economic organization. Annual income could reach 210 thousand Yuan, and the beneficiary is all the villagers of whom the annual income per capita could be raised by 143 Yuan/person.
Table 0-10 Income rehabilitation measures of Shuimo Village
Increased annual net benefited Increased total net No. Production resuming Plan investment 104Yuan income per population person income 104Yuan/year capita Yuan/person 1 Farm tourism and tea field Pooling of 90 mu lands 1470 22.5 153 2 Folk-custom garden Pooling of 200 mu lands 1470 60 408
82 3 Grape planting base 39 1470 21 143
According to calculation, 80 thousand Yuan of the annual income is reduced by the project in Shuimo Village. Through the above income habilitation measures, an annual income of 665 thousand Yuan is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in table 6-11.
Table 0-11 the predicted income rehabilitation of Shuimo Village
A. predicted income B. increased income from production resuming village B-A 104Yuan loss 104Yuan/year measures 104Yuan/year Farm tourism and 22.5 8 tea garden Shuimo 66.5 Folk-custom garden 40 Grape planting base 12
4. Hongguang Village
Hongguang Village locates in the administration area of Nanchuan East Street of Chengzhong District, with a population of 687 people (192 households) and an area of the present cultivated land of 343mu. Agricultural income accounts for 20% in the total income. The second industry and the third industry develop well. Therefore, the villagers earn much.
An area of 65.92mu cultivated land is acquired in Hongguang village, and the impact ratio of land acquisition is 19.22%. Details are shown in Table 0-1. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 131.84 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 3573 Yuan and 1277 Yuan. Cultivated land of each person is 0.38mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Hongguang Village is 5.52 million Yuan, about 42 times of the predicted annual income loss.
83 After consultation, all the compensation will be directly paid to the APs.
Table 0-12 Income loss and the compensation of Hongguang Village
B. compensation on land acquisition 104Yuan B. compensation on A. predicted income Village 4 land land land land loss 10 Yuan/year land type land type 4 type type type acquisition 10 Yuan cultivated Hongguang 13.2 177.984 355.968 17.8 551.75 177.984 land After investigation, analysis and negotiation with the APs, the income rehabilitation measures possible to be taken by Hongguang Village is as following: (1) waste reclaiming market 4 million Yuan is to be invested to enlarge the waste reclaiming market, of which the predicted annual return is 0.5 million Yuan. All the villagers are benefited. 728 Yuan will be increased to annual income per capita. (2) Farm tourism Farm tourism with an area of 5mu is to be developed by Hongguang Village in the form of pooling of land, the rental standard of which is 3000Yuan/mu. So the annual return is 15 thousand Yuan. All the villagers are benefited. 22 Yuan will be increased to annual income per capita. (3) Breeding plot To make the variety of the pork improved and the production of meat stable, a breeding plot for live pig is planned to be built, with an area of more than 3000 m² by Hongguang Village. They will benefit from pooling land to get land rentals. The predicted annual return is 13.5 thousand Yuan and all the villagers are benefited. 20 Yuan will be increased to annual income per capita.
Table 0-13 Income rehabilitation measures of Hongguang Village
Increased annual net Production resuming investment benefited Increased total net No. income per Plan 104Yuan population person income 104Yuan/year capita Yuan/person 1 waste reclaiming market 400 687 50 728 2 farm tourism Polling of 5mu lands 687 1.5 22 3 breeding plot polling of 4.5mu lands 687 1.35 20
According to calculation, 132 thousand Yuan of the annual income is reduced by the project in Hongguang Village. Through the above income habilitation measures, an annual income of 397 thousand Yuan is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-14.
Table 0-14 the predicted income rehabilitation of Hongguang Village
A. predicted income B. increased income from production village B-A 104Yuan loss 104Yuan/year resuming measures 104Yuan/year 13.2 waste reclaiming market 50 39.7 Hongguang farm tourism 1.5 breeding plot 1.35 84
5. Ershilipu Village
Ershilipu Village locates in Ershilipu Town, Chengbei District, with a population of 2447 people (560 households). There are lots of vacant lands in this village, and the main income of the villagers is from working outside. The second industry and the third industry develop well.
An area of 236mu cultivated land is acquired in Ershilipu village, and 132 persons (33 households) are affected. The impact ratio of land acquisition is 5.86%. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 170 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 5179 Yuan and 1291 Yuan. Cultivated land of each person is 0.6mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Ershilipu Village is 19.75 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-15 Income loss and the compensation of Ershilipu Village
B. compensation on land acquisition 104Yuan A. predicted income Village 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation Ershilipu cultivated 17 229.5 459 22.95 711.45 41.85 Village land After investigation, analysis and negotiation with the APs, the income rehabilitation measures possible to be taken by Ershilipu Village are as following:
(1) Tea field and flower hothouses
Ershilipu Village plans tea field and flower hothouses with 120mu lands which is pooled to get land rentals. The predicted annual income is 144 thousand Yuan. The beneficiary is all the villagers whose per capita annual
85 income would be raised by 147 Yuan.
(2) Breeding plot
Ershilipu Village plans a breeding plot with a scale of 200mu lands, of which 150mu lands is pooled to get land rental, and 50mu lands is used for their own fowl breeding business. The total investment is 1.5 million Yuan, and the predicted annual income is 720 thousand. The beneficiary is all the villagers whose per capita annual income would be raised by 447 Yuan.
Table 0-16 Income rehabilitation measures of Ershilipu Village
Increased annual net benefited Increased total net No. Production resuming Plan investment 104Yuan income per population person income 104Yuan/year capita Yuan/person 1 Tea field and flower hothouse The pooling of 120mu lands 2447 36 147 2 The pooling of 150mu lands 2447 37.5 153 Breeding plot 3 150 2447 72 294
According to calculation, 17 thousand Yuan of the annual income is reduced by the project in Ershilipu Village. Through the above income habilitation measures, an annual income of 934 thousand Yuan is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-17.
Table 0-17 the predicted income rehabilitation of Ershilipu Village
A. predicted income B. increased income from production resuming village B-A 104Yuan loss 104Yuan/year measures 104Yuan/year Tea field and flower hothouse 14.4 Ershilipu 17 Land rental 24 93.4 Breeding plot Fowl breeding 72 business
6. Jiujiawan Village
Jiujiawan Village locates in Ershilipu Town of Chengbei District, with a population of 852 people (186 households) and an area of the present cultivated land of 420mu. The tertiary industry of Jiujiawan Village develops well.
An area of 21mu cultivated land is acquired in the village, and 38 persons (9 households) are affected. The impact ratio of land acquisition is 11.9%.
86 Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 42 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 4516 Yuan and 1104 Yuan. Cultivated land of each person is 0.5mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Jiujiawan Village is 4.185 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-18 Income loss and the compensation of Jiujiawan Village
B. compensation on land acquisition 104Yuan A. predicted income Village 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation cultivated Jiujiawan 4.2 56.7 113.4 5.67 175.77 41.85 land The income rehabilitation measure possible to be taken by Jiujiawan Village is as following:
¾ Edible Fungus Base
A project of growing edible fungus, with a scale of 100mu, is planned to be developed in Jiujiawan Village. The total investment is predicted to be 1 million Yuan. The annual total income is 0.5 million Yuan after being put into production. All the villagers will be definited. 587 Yuan will be increased to the annual income per capita.
Table 0-19 Income rehabilitation measures of Jiujiawan Village
Increased annual net Production investment benefited Increased total net No. income per resuming Plan 104Yuan population person income 104Yuan/year capita Yuan/person 1 Edible fungus base 100 852 50 587
According to calculation, 42 thousand Yuan of the annual income is reduced by the project in Jiujiawan Village. Through the above income habilitation measures, an annual income of 458 thousand Yuan is increased. Therefore, 87 APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-20.
Table 0-20 the predicted income rehabilitation of Jiujiawan Village
A. predicted income B. increased income from production village B-A 104Yuan loss 104Yuan/year resuming measures 104Yuan/year Jiujiwan 4.2 edible fungus base 50 45.8
7. Guojiata Village
Guojiata Village locates in Ershilipu Town of Chengbei District, with a population of 496 people (252 households) and an area of the present cultivated land of 472mu. The main development direction is facility agriculture and breeding industry.
An area of 95 mu cultivated land is acquired in the village, and 93 persons (51 households) are affected. The impact ratio of land acquisition is 56.78%. Details are shown in Table 0-1. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 190 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 3746 Yuan and 2048 Yuan. Cultivated land of each person is 0.8mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Jiujiawan Village is 22.43 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-21 Income loss and the compensation of Jiujiawan Village
B. compensation on land acquisition 104Yuan A. predicted income Village 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation cultivated Guojiata 19 256.5 513 25.65 795.15 41.85 land After investigation, analysis and negotiation with the APs, the income rehabilitation measures possible to be taken by Jiujiawan Village is as following: (1) Pig rasing plot
88 Guojiata Village plans 2 pig raising plots with the scale of 80 mu lands which are rented to the pig farmers to get land rentals. The land rental standard is 1000 Yuan/mu. The predicted annual income is 80 thousand Yuan. The beneficiary is all the villagers whose per capita income would be raised by 161 Yuan. (2) Flower planting The scale of the flower planting base is 200 mu lands. The total investment is 5 million Yuan, and the predicted annual income is 5 million Yuan. The beneficiary is all the villagers whose per capita income would be raised by 10 thousand Yuan.
Table 0-22 Income rehabilitation measures of Jiujiawan Village
Increased annual net Production resuming benefited Increased total net No. investment 104Yuan income per Plan population person income 104Yuan/year capita Yuan/person 1 Pig raising plots The pooling of 80 mu lands 496 8 161 2 Flower planting base 500 496 500 10081 According to calculation, 190 thousand Yuan of the annual income is reduced by the project in Guojiata Village. Through the above income habilitation measures, an annual income of 4890 thousand Yuan is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-23.
Table 0-23 the predicted income rehabilitation of Jiujiawan Village
A. predicted income B. increased income from production village B-A 104Yuan loss 104Yuan/year resuming measures 104Yuan/year Pig raising plots 8 Guojiata 19 489 Flower planting base 500
8. Shuangsubao
Shuangsubao Village locates in Ershilipu Town of Chengbei District, close to Beihai Park, with a population of 1800 people (380households) and an area of the present cultivated land of 330mu. ‘tea-garden economy’ of Shuangsubao Village is well developed, and there is strong strength of its economy.
An area of 92.5mu cultivated land is acquired in the village, and 505 persons (107 households) are affected. The impact ratio of land acquisition is 28.03%. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 185 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 1737 Yuan and 367 Yuan. Cultivated land of each person is 0.13 mu after 89 land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Shuangsubao Village is 7.74 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-24 Income loss and the compensation of Shuangsubao Village
B. compensation on land acquisition 104Yuan A. predicted income Village 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation cultivated Shuangsubao 18.5 249.75 499.5 24.98 774.225 41.85 land
The income rehabilitation measures possible to be taken by Shuangsubao Village are as following:
(1) farm tourism
Totally 5 million Yuan is planned to be invested for farm tourism. For being close to Beihai Park, the village has certain development basis. The annual return is predicted to be 2 million Yuan after construction. All the villagers are benefited. 1100 Yuan or so will be increased to the annual income per capita.
(2) seedling base
Seedling base is planned to be developed with the scale of 500 mu lands which is rented to get land rental of 650 Yuan/mu. The annual return is predicted to be 325 thousand Yuan. All the villagers are benefited. 180 Yuan will be increased to the annual income per capita.
Table 0-25 Income rehabilitation measures of Shuangsubao Village
Production Increased annual net benefited Increased total net No. resuming investment 104Yuan income per population person income 104Yuan/year Plan capita Yuan/person 1 farm tourism 500 1800 200 1111 2 seedling the pooling of 80 mu lands 1800 32.5 181 According to calculation, 185 thousand Yuan of the annual income is reduced by the project in Shuangsubao Village. Through the above income habilitation measures, an annual income of 2140 thousand Yuan is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-26.
90 Table 0-26 the predicted income rehabilitation of Shuangsubao Village
A. predicted income B. increased income from production village B-A 104Yuan loss 104Yuan/year resuming measures 104Yuan/year farm tourism 200 Shuangsubao 18.5 214 seedling base 32.5
9. Taoxin Village
Taoxin Village locates in administration area of Xiaoqiao of Chengbei District, with a population of 1150 people (270 households) and an area of the present cultivated land of 754 mu. The tertiary industry is well developed, and agricultural income takes little percentage of the total income.
An area of 40.02mu cultivated land is acquired in the village, and 61 persons (14 households) are affected. The impact ratio of land acquisition is 5.31%. Details are shown in Table 0-1. Cultivated land in the village is mainly used for wheat planting, together with other economic crops. It is calculated that agricultural income loss caused by land acquisition is 80.04 thousand Yuan, based on the average production value of 2000Yuan/mu. Income loss per household and per capita is respectively to be 5585 Yuan and 1311 Yuan. Cultivated land of each person is 0.6mu after land acquisition.
Through negotiation, all the APs demand monetary compensation and no land exchanging is included. Compensation on acquired land for Taoxin Village is 3.35 million Yuan, about 42 times of the predicted annual income loss. After consultation, all the compensation will be directly paid to the APs.
Table 0-27 Income loss and the compensation of Taoxin Village
B. compensation on land acquisition 104Yuan A. predicted income Village 4 land resettlement young crop B/A loss 10 Yuan/year land type total compensation subsidy compensation cultivated Taoxin 8 108.054 216.108 10.8054 334.97 41.85 land
The income rehabilitation measures possible to be taken by Taoxin Village are as following:
¾ Strawberry Cultivated land
91 Taoxin Village plans to invest a total of 4 million Yuan for planting strawberry. The predicted annual return is 2.2 million Yuan/Year. All the villagers are benefited. 1913 Yuan will be increased to the annual income per capita.
Table 0-28 Income rehabilitation measures of Taoxin Village
Increased annual net investment benefited Increased total net No. Production resuming Plan income per 104Yuan population person income 104Yuan/year capita Yuan/person 1 strawberry Cultivated land 400 1150 220 1913 According to calculation, 80 thousand Yuan of the annual income is reduced by the project in Taoxin Village. Through the above income habilitation measures, an annual income of 2.12 million Yuan is increased. Therefore, APs’ living could not only be recovered, but also be greatly improved. Details are shown in Table 6-29.
Table 0-29 the predicted income rehabilitation of Taoxin Village
A. predicted income B. increased income from production resuming village B-A 104Yuan loss 104Yuan/year measures 104Yuan/year Taoxin 8 strawberry Cultivated land 220 212
Resettlement for Rural House Demolition
Totally 30006.8 of rural residential houses are demolished in this project, which only involved in the riverway of urban area and 538 people (132 households) are affected. See details of rural house acreage classification in Table 0-4. According to investigation, there are problems with the demolished houses to some extent, such as poor indoor supporting facilities, poor quality, improper structure and bad daylighting etc.
Table 0-30 Classification Table of Rural House Acreage
Village Unit <45 45 100 100 150 150 200 >200 Subtotal Sanqi Household 1 0 0 0 0 1 Qijiacheng Household 1 2 0 0 0 3 Taojiazhai Household 0 0 0 0 1 1 Xin’an Household 0 1 0 0 0 1 village Nanyoushan Household 1 12 16 4 7 40 Hongguang Household 0 1 3 0 1 5 Shuimo Household 0 0 10 11 2 23 Xinqing Household 0 0 2 0 3 5 Hongxing Household 0 1 21 7 3 32
92 Village Unit <45 45 100 100 150 150 200 >200 Subtotal Shenjiazhai Household 0 2 1 15 3 21 Total 3 19 53 37 20 132 Percentage(%) 2.27% 14.39% 40.15% 28.03% 15.15% 100.00%
Two policies are adopted for the residential house in this project, i.e. cash compensation and house site transfer for rebuilding. Moving subsidy and temporary resettlement subsidy will also be paid to APs, so they can make their choices according their own economic position and personal needs. According the results of questionnaire investigation, the amount the total 132 households affected in this project, 111 households (accounting 84.1%) choose house site transfer for rebuilding, and the other 21 households(accounting 15.9%) choose cash compensation because they have other houses in the urban area. See options of rural residents in Table 6-31.
Table 0-31 Resettlement Options of Rural Residents
Resettlement options households Affected Affected Project Dwelling space Households proportion Cash House sites compensation transfer <45 3 2.3% 0 3
Xinig River 45 100 19 14.4% 2 17 Regulation 100 150 53 40.2% 12 41 Project 150 200 37 28% 5 32 >200 20 15.2% 2 18 Total 132 100.0% 21 111 Proportion / / 15.9% 84.1%
30006.8 in 10 villages of 6 towns are demolished in the project and 132 households are affected. During social economic investigation, after negotiations among Xining Project Management Office, affected towns and APs, homestead will be arranged uniformly by every affected village who is entrusted by Xining WB Project Management Office or project management office. Within the permitted planning area, relocation house site will be provided for APs for house rebuilding. The standard of house site is: no more than 200 for per household, meanwhile demolished houses will be 93 compensated by Xining WB Project Management Office according to replacement price. Water supply, power supply, access road and field leveling off in the relocation sites will be funded and arranged by project management office.
At present, site selection and relevant land use examining and approving formalities are in process. Specific site selection will be decided by the department concerned finally. See relocation house land using in Annex 3.
Resettlement for Enterprise House Demolition
22 enterprises are affected in this project, mainly distributed along the river banks of Nanchuan River, Beichuan River and the stemflow of Huangshui River. In terms of project impacts, some houses used for business and production and ground attachment (mainly bounding wall) are mainly affected. Because the major production and business houses are far away from the river banks so they are not in the project demolition area. Therefore, there is little influence on the business and production of the enterprises, and the workers will not be affected permanently. Cash compensation will be adopted after negotiation with property owners of the enterprises.
Vulnerable Groups
Project management department will pay special attention to the vulnerable groups during the whole process of relocation. In order to help them complete their moving quickly, some aid will be provide for vulnerable groups in addition to the planned relocation for their living and production. If they have difficulties in the house rebuilding they can submit an application to the local project management office and due redeem will be given in combination of the local government.
If the above mentioned policies still can not well relocate the vulnerable groups, Xining WB Project Management Office and project implementation
94 project will:
1 The poverty causes for the vulnerable in project area include: oldness, weakness, women householder, lack of men laborforce, lowest guarantee household. After the implementation of the project, house building subsidy will be given to these households.
2 Due living subsidy will be given to them to help them overcome the difficulties during the project implementation.
3 After project implementation, households in poverty can get loan from local credit union priorly under the guarantee of local village collectivity.
4 During project implementation, local village collectivity will help them choose house site and move and build house.
Affected Infrastructure and Ground Attachment
The affected infrastructure and ground attachments should be compensated to ownership enterprises by project organizations and then reconstructed by the ownership enterprises.
The rehabilitation measures on demolished facilities should be planned and disposed in advance. And in the actual implementing, due to different conditions different measures should be made for safety, high efficiency, being in time and acoup sur to reduce bad effect on the surrounding groups as much as possible.
As for the affected municipal public facilities, the demolishers should demolish according to project’s stakes map on the principle of no impact on project construction to reduce movement as much as possible. As for movement of the affected pipelines, demolishers should reconstruct (or remove) before demolish to ensure nature living of residents along the lines including the residents who do not need to move.
95 Public Participation
Public Participation and strategy
According to national, Qinghai provincial and Xining municipal policies and regulations about land acquisition and demolition, project should protect the legal rights of displaced persons and enterprises reduce the discontent and dispute. So, at the rebuild and construction of project, displacement and resettlement policy and implementation rules, resettlement plan should be prepared well to achieve the goal of resettlement successfully and this project pays much attention to consult with displaced person and listen to their opinions on resettlement policy, plan and implementation.
During the project preparing phase--feasibility study phase, Xining WB Project Office has consulted the opinions and suggestion on resettlement and the project from the NPC of Xining, Xining political consultative conference, mass groups and affected residents as well as the benefited residents for many times.
Publish the RAP. The RAP will be placed in Xining World Bank Project Management Office and on the webpage of Xining Government before May 2008, and will be propagated the notice in local newspapers so that APs and Non-governmental Organizations can look it up. Main contents of RAP are compiled as information handbook of displaced persons, which should be put out to enterprise and representative shops after project was evaluated before the movement. Main contents of information handbook of displaced persons are: general situation of project, project effects, compensation policy, implementing agency, appeal channel, etc.
Public Participation Process and Policy Disclosure
To deal correctly and timely the problems and requests of affected
96 persons occurred in land acquisition and house demolition, further consultation should be carried out so that all problems can be solved before the implementation of RAP. Resettlement implementation institutes will arrange public participation meetings, so as to provide affected persons with opportunity to consult with resettlement implementation institutes before signing demolition compensation contract.
Table 0-1 Public Participation Process Of Affected Population
Date Place Participant Contents Memo Socio-economic survey XWBPMO, demolition 2007.12 for resettlement, Project effect in socio- office of each district, staffs, affected residents - 2008.3 affected scope and economic survey affected areas practicality survey XWBPMO, demolition XWBPMO staffs, , Compensation and office of each district, demolition office staffs of resettlement policies Primary negotiation in 2008.4 land and resource each district, land and and primary preparation for bureau, affected resource bureau staffs, resettlement resettlement plan areas affected populations programming XWBPMO, demolition XWBPMO staffs, , Compensation and Further negotiation of office of each district, demolition office staffs of resettlement policies compensation policies and 2008.6 land and resource each district, land and and resettlement rehabilitation plan in bureau, affected resource bureau staffs, programming amending resettlement areas affected populations XWBPMO, cadres of Making detailed villages’ affected towns and scheme for the affected Town governments, and Villages’ rehabilitation 2008.7 villages, and some villages of which the land village governments plan representatives of acquisition ratio is above villagers 5% Affected villages and Recheck affected assets With the signature and Demolition office and households by land by land acquisition and confirmation of the 2008.9 land and resource bureau acquisition and house house demolition affected villages or APs of each district demolition
XWBPMO, demolition XWBPMO staffs, , Resettlement policies Makeup negotiation for office of each district, demolition office staffs of and particular questions particular questions in final 2008.10 land and resource each district, land and of programming version of resettlement bureau, affected resource bureau staffs, areas affected populations
Table 0-2 Policy Disclosure Process
Publicizing Type and used Documents Publicizing data Publicizing site language Chinese, the website of Project introduction on Community or Xining municipality 2008.5 engineering Village Committee government General introduction of Chinese, the website of 2008.5 Community or
97 Publicizing Type and used Documents Publicizing data Publicizing site language information on land Xining municipality Village Committee acquisition and house government demolition Land acquisition and house Chinese, the website of Community or demolition policy of Xining municipality 2008.9 Village Committee Zaozhuang government Community or Notice on publishing RAP Chinese 2008.5 Village Committee Project introduction on Chinese, handed to Community or After checked & approved by WB engineering resetters Village Committee General introduction of information on land Chinese, English After checked & approved by WB Library/Websites acquisition and house demolition
98 Grievance and Complaint Procedure
During the project resettlement plan compiling and implementation, the affected people and institutions were and will be always put a high value upon and the grievance mechanism was established. Four phases of grievance are as follows
Phrase1: Displaced persons can appeal by verbal or paper way to village committee, demolition office of Xining Municipal or district level, or Xining Land and Resources Bureau. If by verbal way, disposal and written record are needed. Village committee, demolition office of Xining Municipal or district level, or Xining Land and Resources Bureau should solve it in 2 weeks; Grievance hotline:
Phrase 2 If displaced persons are still unsatisfied with the decision of phrase 1, they can appeal to Xining World Bank project management office; Xining World Bank project management office should make decision in 2 weeks; Grievance hotline:
Phrase 3 If displaced persons are still unsatisfied with the decision of phrase 2, they can appeal to Xining project leading group, decisions and disposal should be made in 2 weeks; Grievance hotline:
Phrase 4 If displaced persons are still not satisfied with the decision of phrase 3, they can sue at law under civil procedures on any aspect of the resettlement after receiving a decision notice.
Appeal and grievance to every agency or organization is free and the reasonable cost from it will be expended from the contingency of project land acquisition & demolition offices. See grievance approaches of affected persons in Chart 8-1:
99 Demolition office of Xining Municipal or district level, or Village committee Xining Land and Resources Bureau
Xining World Bank project management office
Xining project leading group
Local court
Chart 0-1 Grievance And Complaint Procedure
This grievance and complaint procedure is effective the whole period of project construction, so as to solve problems faced by affected persons.
The appealing ways above will be noticed to resettlers in meetings or in other ways for resettlers to know fully of their rights to appeal. At the same time, media tools will be utilized to strengthen propaganda and reports and then the suggestions and opinions on resettlement will be tidied to information and then studied and resolved in time by resettlement organizations of every level.
100 Institutional Arrangement
Implementation Institutes
To ensure the smooth implementation of this RAP, organizations should be established for the planning, harmonizing and monitoring of resettlement activities. The institutions responsible for planning, implementation, management and monitoring of resettlement activities involved in Xining Urban River Treatment Project are:
¾Xining WB Project Leading Team
¾Xining WB Project Management Office (XWBPMO)
¾Xining (district) Demolition Management Office (XDMO)
¾Xining (district) Land and Natural Resource Bureau (XLNRB)
¾Xining Land Acquisition Office (XLAO)
¾Involved Village Committee (VC)
¾Designing Institute (DI)
¾Independent Monitoring Institute (IMI)
Xining WB Project Leading Team is responsible for land acquisition, demolition, directing resettlement implementation, making policy and examining the RAP.
Xining WB Project Office is responsible for organizing RAP, implementation management of land acquisition and demolition, and resettlement fund, organizing and coordinating, investigating the internal monitoring and gathering the internal monitoring report to WB.
Xining (district) Demolition Management Office is responsible for urban house demolition and implementation, harmonizing and management of resettlement activities.
Xining (district) Land and Natural Resource Bureau is responsible for transaction of relevant procedures, censor, approval, supervision, intercession,
101 coordination and management of resettlement implement.
Xining Land Acquisition Office forms relevant agreements on demolition compensation with farmers, enterprises and institutions; takes charge of real investigation and registration; implements land acquisition and house demolition; handles different problems in land acquisitions and house demolition.
Designing Institute is responsible for designing the project and defining the scope of demolition.
Independent Monitoring Institute is responsible for the external monitoring on land acquisition, demolition and the implementation of resettlement.
Figure Institutes Chart
Xining WB Project Leading Team
House demolition office of Municipal Internal Xining WB Project Designing (districtal) LNRB, mornitoring Office institute land acquisition office
External monitoring institute h D A o e f u A A m f s e A f f e o c f f
f l e t e f i e c c s e d i t h t c n e e
e t e d s d e d n t
d i i
p t t r n
e u o s e f r t h s p r p e i a o u r s d s p i l
e s t a s r e n t
u i s t o c i
a a n t u l n
r d e
102 Responsibilities of Each Institutes
Xining WB Project Leading Team
¾Responsible for directing, organizing, coordinating, making policies, reviewing the RAP, implementing interior inspection and making decision of important issues in resettlement. ¾Organizes and coordinates the compilation of RAP. ¾Conducts the policies of RAP. ¾Determines and coordinates the implementation of RAP according to the schedule of project construction. ¾Checks monitoring report. ¾Coordinates to resolve the conflicts and issues encountered in the implementation of RAP.
Xining WB Project Office
¾Entrusts designing institutes to define the scope of affected area. ¾Organizes to conduct socio-economy survey. ¾Carries out real registration and background information investigation. ¾Organizes public participation. ¾Consults and organizes the RAP, and participates in its compilation. ¾Executes relevant state administration regulations of project construction. ¾Formulates resettlement programming and compensation based on relevant policies and reports to related departments. ¾Transacts approval procedure for project land use. ¾Applies for planning permit and construction license of land use. ¾Implements RAP. ¾Jointly with the related departments, signs compensation agreements on land acquisition and house demolition with APs. ¾Signs compensation agreements on land acquisition and house demolition with affected villages. ¾Conducts information management of land acquisition, house demolition and resettlement.
103 ¾Trains staffs. ¾Appropriates fund and supervises its use. ¾Directs, coordinates and supervises resettlement implementation and its schedule. ¾Organizes and carries out internal monitoring, chooses and determines external monitoring institution and coordinates external monitoring activities. ¾Coordinates to resolve the conflicts and issues encountered in the implementation of RAP. ¾Deals with conflicts and complains, and carries out coordination and administrative arbitrage. ¾Deals with illegal activities in house demolition, and applies to execute administrative punishment and other penalties. ¾Regularly submits reports on land acquisition progress, utilization of fund, the implementation quality and so on.
Xining (district) Demolition Management Office
¾Participates in socio-economy survey. ¾Consults to compiling resettlement methods with affected units and participate compiling RAP. ¾Approval for related demolition formality. ¾Conducts information management of land acquisition, house demolition and resettlement. ¾Directs, coordinates and supervises the implementation of land acquisition and resettlement. ¾Assists to resolve issues in resettlement.
Xining (district) Land and Natural Resource Bureau
¾Carries out related national policies and regulation of project construction land. ¾Participates in examining compensation rate for land acquisition and attachments. ¾Goes through approval procedures for land acquisition. ¾Participates in socio-economic survey.
104 ¾Participates in compiling and examining RAP. ¾Issues prejudication report of construction land. ¾Issues Land Acquisition Notice. ¾Directs, coordinates and supervises land acquisition and resettlement implementation activities. ¾Assists to coordinate and resolve conflicts and problems in the process of land acquisition and money-transferring.
Xining Land Acquisition Office
¾Signs relevant agreement on house demolition compensation with farmers, enterprises and institutions. ¾Takes charge of real investigation and registration in land acquisition and house demolition. ¾Implements land acquisition and house demolition. ¾Handles on all the problems in land acquisition and house demolition.
Designing insitution
¾Reduces project effects through optimization of design. ¾Determines affected scale of land acquisition and house demolition.
Independent Monitoring Institution
As an independent monitoring institution, it will monitor each aspect of RAP and its implementation, and submit independent monitoring and evaluating report to leading team, Xining WB Project Office and the World Bank. Detailed responsibilities are as follows:
(1) Carries out socio-economy survey in programming areas;
(2) Evaluates detailed impacts and restoration of APs’ production and livelihoods;
(3) Analyzes data;
(4) Monitors the whole process of RAP implementation, and submits monitoring report to Xining WB Project Office and the World Bank. The detailed responsibilities of the institute are explained in the part of external monitoring and evaluation.
105 Institutional Seniority and staffing
Xining WB Project Leading Team consists of leaders from each administrative department, Luo Yulin, the vice governor of Qinghai and Mayer of Xining, appointed as team leader. All the members have abundant experience in land acquisition, house demolition and resettlement. They have implemented much municipal engineering of Xining involving land acquisition, house demolition and resettlement and can well organize and coordinate the tasks.
As the management and coordinating institute of resettlement work, Xining WB Project Office is composed of staffs with rich urban construction management. The resettlement institutions are well staffed, and the number of full-time staff is 18. At the peak hours, the number can reach to 37. Details are shown in Table 9-1.
Table 0-1 staffing of the resettlement institutes involved in the project
Full-time Staff at Person in Resettlement institutes staff peak hours Staff composition charge (person) (person) XWBPLT Luo Yulin 2 3 Governmental personnel Wang Governmental personnel, XWBPO 2 4 Jianguo engineering technician Governmental personnel, XDMO / 3 7 engineering technician Chen Governmental personnel, XLNRB 2 4 Shaodong engineering technician DI Yang Jie 2 4 Senior engineers, engineers Experts on resettlement and IMI / 4 8 sociologists Total 18 37
Measures for Strengthening Institutional Capacity
¾In November and December 2007, engineering technicians of Xining WB Project Office have provided training for staffs on land acquisition, house demolition and resettlement, including the World Bank OP4.12, related land acquisition and demolition laws, socio- economic survey theory and methods etc.
¾Before the implementation of RAP, the staffs will receive trainings
106 about OD of the World Bank, the regulations of land acquisition and house demolition, implementation and management of resettlement, in order to increase the professional quality and the abilities of policy- handling.
¾In the implementation of RAP, it is planned to organize key staffs engaging in resettlement to study and investigate other domestic projects financed by World Bank, and offer resettlement policy training and other professional training to them. Meanwhile, skill trains will be provided to strengthen employment capacity of affected persons irregularly. Details are shown in Table 9-2.
¾To ensure that funds and equipment can be obtained in time to increase work efficiency.
¾Rational division of labor; establish and improve the reward and punishment system for staffs of land acquisition, house demolition and resettlement to arouse their initiative.
¾To establish a demolition and resettlement information management system. With its help, to manage the data of land acquisition and demolition, to strengthen information feedback, and ensure that each department is well informed. Important problems will be discussed and decided by the leading team.
¾To strengthen report system and internal monitoring, and resolve the problems promptly.
¾To strengthen the independent monitoring and evaluation. The independent monitoring and evaluation instruction should promptly report to relevant department about the problems and provide suggestions to solve them.
Table 0-2 Training Plan for Resettlement
Evaluated No. Training contents Trainee Time Address cost (10000Yuan) Investigate projects financed Key staff of 1 Twice Abroad 30 by WB resettlement office Training on domestic Key staff of Once each 2 Domestic 15 resettlement operation resettlement office year
107 Training on domestic Key staff of Once each 3 Domestic 10 resettlement operation resettlement office year Skill training for affected 4 Affected persons Irregularly Xining 10 persons 5 Sub-total 65
108 Table of Implementation Schedule
Principle of Progress Joint of Resettlement and Construction
According to the schedule, the project is to be finished from 2008 to 2012 by stages. The schedule for resettlement goes with the schedule of each sub- project. The main work is planned to begin in 2008 and end in 2011. The basic principles of connecting the projects are as following:
¾Land acquisition and house demolition should be finished one month before project begins. The time to start the project will be decided on the basis of land acquisition, house demolition and resettlement.
¾Before project begins, enough time should be reserved for land acquisition, house demolition and resettlement.
Timetable of Key Tasks in Resettlement Implementation
Principles of Scheduling
¾Land acquisition and demolition scope of the project will be eventually decided based on each sub-projects’ designing plan and should be finished before the actual measurement and calculation of land acquisition and demolition.
¾The measurement and calculation of the affected objects will be done, before signing resettlement compensation agreement, jointly by Xining WB Project Office, related departments and property owners according to red-line maps.
¾Xining WB Project Office holds mobilization meeting with attendants of re-settlers and the demolished enterprises to publicize relevant policies of land acquisition, demolition and compensation and resettlement methods before signing resettlement compensation agreement. After the meeting, the notice of land acquisition and demolition should be publicized officially.
¾Resettlement and compensation agreement with the demolishers and
109 the demolished should be signed after the actual measurement and calculation, and notice of land acquisition and demolition.
¾Infrastructure should be constructed before demolition.
¾Compensation fund should be settled and released after signing agreement and before moving.
¾Resettlement work should be examined to make the re-settlers satisfied.
Overall Schedule of Resettlement
According to the preparation and implementation progress, the overall schedule of resettlement in this project is drafted. Proper adjustment will be made due to some little deviation from the plan. Details are shown in Table 10-1.
110 Table 0-1 Schedule for land acquisition and house demolition
111 Expense and Budget
Expense
Expense in the process of land acquisition and resettlement should be included in the general budget. Based on the price of September, 2008, total expense of land acquisition and house demolition is 220.934 million Yuan, among which, 104.294 million Yuan is for rural collective land acquisition, accounting for 47.2%; 10.40 million Yuan is for permanent state-owned land acquisition, accounting for 4.7%; compensation for rural residential house demolition is 17.612 million Yuan, accounting for 8%; compensation for house demolition of enterprises and institutions is 2.742 million Yuan, accounting for 1.2%; compensation for infrastructures and ground attachments is 1.098 million Yuan, accounting for 0.5%; all kinds of tax & fee is 84.788 million Yuan, accounting for 38.4%. Resettlement cost estimation is shown in Table 11-1.
112 Table 0-1 Budget for resettlement compensation Mainstream of Nanchuan River Beichuan River Huangshui River Subtotal Huangshui River compensation compensation Item Unit Cost Cost Percentage % rate(Yuan/unit) rate(Yuan/unit) Cost Cost Cost quantity quantity quantity (104 quantity (104 quantity (104 Yuan) (104 Yuan) (104 Yuan) Yuan) Yuan) Permanent collective 1 / / 7600507 53782016 30805785 12105270 104293578 47.21% land acquisition 1.1 Land compensation / / 2466790 17585762 9937350 3967992 33957894 15.37% Crop land (vegetable mu 27000 89.95 2428650 631.02 17037540 368.05 9937350 140.38 3790260 1229.4 33193800 15.02% land) Curtilage mu 2400 1.91 4588 54.50 130802 0 0 0 0 56.41 135390 0.06% Forest land mu 1800 18.64 33552 231.9 417420 0 0 98.74 177732 349.28 628704 0.28% 1.2 Resettlement subsidy mu 4890852 34492500 19874700 7758252 67016304 30.33% Crop land (vegetable mu 54000 89.95 4857300 631.02 34075080 368.05 19874700 140.38 7580520 1229.4 66387600 30.05% land) Curtilage mu 0 1.91 0 54.50 0 0 0 0 0 56.41 0 0.00% Forest land mu 1800 18.64 33552 231.9 417420 0 0 98.74 177732 349.28 628704 0.28% Young crop (wood) 1.3 / / 242865 1703754 993735 379026 3319380 1.50% compensation Crop land (vegetable mu 2700 89.95 242865 631.02 1703754 368.05 993735 140.38 379026 1229.4 3319380 1.50% land) Permanent state- owned land 2 mu 260000 40 10400000 40 10400000 4.71% acquisition( land transferring) Rural house 3 / / 591967 17019764 0 0 17611731 7.97% compensation Rural residential house 3.1 / / 565575 16273220 0 0 16838795 7.62% compensation Brick-concrete 597 28.8 17194 3575.36 2134490 0 0 0 0 3604.16 2151684 0.97% structure (the first class) Brick-concrete structure (the second 569 594.73 338401 15564.79 8856366 0 0 0 0 16159.52 9194767 4.16% class) Brick-concrete 543 0 0 5928.15 3218985 0 0 0 0 5928.15 3218985 1.46% structure (the third class)
113 Mainstream of Nanchuan River Beichuan River Huangshui River Subtotal Huangshui River compensation compensation Item Unit Cost Cost Percentage % rate(Yuan/unit) rate(Yuan/unit) Cost Cost Cost quantity quantity quantity (104 quantity (104 quantity (104 Yuan) (104 Yuan) (104 Yuan) Yuan) Yuan) Brick-timber structure 563 0 0 226.8 127688 0 0 0 0 226.8 127688 0.06% (the first class) Brick-timber structure 535 371.8 198913 1292.34 691402 0 0 0 0 1664.14 890315 0.40% (the second class) Brick-timber structure 515 0 0 301 155015 0 0 0 0 301 155015 0.07% (the third class) other structure (the 527 21 11067 1442 759934 0 0 0 0 1463 771001 0.35% first class) other structure (the 499 0 0 660 329340 0 0 0 0 660 329340 0.15% second class) 3.2 Other compensation / / 26392 746544 0 0 772936 0.35% Moving subsidy household 400 5 2000 127 50774 0 0 0 0 132 52774 0.02%
Temporary ·Month×6 24 1016.33 24392 28990.44 695771 0 0 0 0 30006.77 720162 0.33% resettlement subsidy Demolition compensation for 4 / / 270512 1968353 503671 0 2742536 1.24% enterprises and institutions Production house 4.1 / / 188202 788040 272064 0 1248306 0.57% compensation Composite structure 860 75.3 64758 0 0 0 0 0 0 75.3 64758 0.03% (the first class) Composite structure 832 0 0 0 0 327 272064 0 0 327 272064 0.12% (the second class) Composite structure 806 0 0 170 137020 0 0 0 0 170 137020 0.06% (the third class) Brick-timber structure 798 0 0 0 0 0 0 0 0 0 0 0.00% (the second class) Brick-timber structure 778 0 0 0 0 0 0 0 0 0 0 0.00% (the third class) other structure (the 790 0 0 740 584600 0 0 0 0 740 584600 0.26% first class)
114 Mainstream of Nanchuan River Beichuan River Huangshui River Subtotal Huangshui River compensation compensation Item Unit Cost Cost Percentage % rate(Yuan/unit) rate(Yuan/unit) Cost Cost Cost quantity quantity quantity (104 quantity (104 quantity (104 Yuan) (104 Yuan) (104 Yuan) Yuan) Yuan) other structure (the 762 162 123444 0 0 0 0 0 0 162 123444 0.06% second class) other structure (the 738 0 0 90 66420 0 0 0 0 90 66420 0.03% third t class) 4.2 Business rooms 67790 1094066 163988 0 1325844 0.60% Composite structure 935 24 22440 0 0 26 24310 0 0 50 46750 0.02% (the first class) Composite structure 907 50 45350 352.86 320044 154 139678 0 0 556.86 505072 0.23% (the second class) Composite structure 881 0 0 103 90743 0 0 0 0 103 90743 0.04% (the third class) Brick-timber structure 873 0 0 35 30555 0 0 0 0 35 30555 0.01% (the second class) Brick-timber structure 853 0 0 212 180836 0 0 0 0 212 180836 0.08% (the third class) other structure (the 837 0 0 280 234360 0 0 0 0 280 234360 0.11% second class) other structure (the 813 0 0 140 113820 0 0 0 0 140 113820 0.05% third t class) other structure (the 793 0 0 156 123708 0 0 0 0 156 123708 0.06% fourth class) 4.3 Bounding Wall m 37.14 0 0 613 22767 1252 46499 0 1865 69266 0.03% Other compensation for 4.4 enterprises and / / 14520 63480 21120 0 99120 0.04% institutions 5tons or per Moving subsidy 120 0 0 100 12000 0 0 0 0 100 12000 0.01% vehicle load Compensation on economic loss caused by person·month×6 1320 11 14520 39 51480 16 21120 0 0 66 87120 0.04% suspension of production and business Infrastructure and 5 / / 37200 67000 820443 173892 1098536 0.50% ground attachment
115 Mainstream of Nanchuan River Beichuan River Huangshui River Subtotal Huangshui River compensation compensation Item Unit Cost Cost Percentage % rate(Yuan/unit) rate(Yuan/unit) Cost Cost Cost quantity quantity quantity (104 quantity (104 quantity (104 Yuan) (104 Yuan) (104 Yuan) Yuan) Yuan) Public WC set 180 0 0 0 0 2 360 0 0 2 360 0.00% 10KVwire pole pole 800 1 800 0 0 10 8000 0 0 11 8800 0.00% 380Vwire pole pole 1500 16 24000 20 30000 25 37500 0 0 61 91500 0.04% 380Vwooden wire pole 800 0 0 0 0 2 1600 0 0 2 1600 0.00% pole Power distribution Room 8000 0 0 0 0 1 8000 0 0 1 8000 0.00% room Electric cables M 100 0 0 0 0 300 30000 0 0 300 30000 0.01% Transformers Set 200 2 400 1 200 9 1800 0 0 12 2400 0.00% Channels M 80 0 0 0 0 3200 256000 0 0 3200 256000 0.12% Bridges 4000 0 0 2 8000 2 8000 0 0 4 16000 0.01% Flow pipe m 5.4 0 0 0 0 100 540 0 0 100 540 0.00% Drainpipe m 5.4 0 0 0 0 208 1123 0 0 208 1123 0.00% Water supply pipe m 20 600 12000 0 0 80 1600 0 0 680 13600 0.01% Oil pipes m 40 0 0 0 0 86 3440 0 0 86 3440 0.00% Vegetable, greenhouse structures 36 0 0 0 0 9340 336240 0 0 9340 336240 0.15% State owed greening mu 2083 0 0 0 0 0 0 72.92 151892 72.92 151892 0.07% woods pole Big tree non-fruit 70 0 0 0 0 1332 93240 200 14000 1532 107240 0.05%
Small tree non- pole 40 0 0 0 0 825 33000 200 8000 1025 41000 0.02% fruit 2 Highway m 200 0 0 144 28800 0 0 0 0 144 28800 0.01% subtotal (1~5) / / 8500186 83237133 32129899 12279162 136146381 61.62% Investigating and 104 Yuan 85002 832371 321299 122792 1361464 0.62% 6 designing expenditure 1.00% External M&E 104 Yuan 85002 832371 321299 122792 1361464 0.62% 7 expenditure 1.00% Internal M&E 104 Yuan 42501 416186 160649 61396 680732 0.31% 8 expenditure 0.50%
116 Mainstream of Nanchuan River Beichuan River Huangshui River Subtotal Huangshui River compensation compensation Item Unit Cost Cost Percentage % rate(Yuan/unit) rate(Yuan/unit) Cost Cost Cost quantity quantity quantity (104 quantity (104 quantity (104 Yuan) (104 Yuan) (104 Yuan) Yuan) Yuan) Administration and management 104 Yuan 85002 832371 321299 122792 1361464 0.62% 9 expenditure 1.00% 4 10 Training fee 10 Yuan 1.00% 85002 832371 321299 122792 1361464 0.62% 4 11 Prepared fee 10 Yuan 10.00% 850019 8323713 3212990 1227916 13614638 6.16% 4 12 Related tax&fee 10 Yuan / 4465647 35899544 15568147 9113412 65046750 29.44% Investigating and 104 Yuan 4% 304020 2151281 1232231 484211 4171743 1.89% designing expenditure Cultivated land mu 3335 299983 2104452 1227447 468167 4100049 1.86% occupation tax Cultivated land reclaiming fee crop mu 3600 323820 2271672 1324980 505368 4425840 2.00% land/ vegetable land Usage fee for added mu 32016 3537823 29372140 11783489 7655666 52349118 23.69% construction land Subtotal (6~12) / / 5698174 47968928 20226982 10893891 84787975 38.38%
Total / / 14198360 131206061 52356882 23173053 220934355 100.00%
117 Annual Capital Utilizing Plan
According to implementation schedule of the project, annual implementation plan was compiled. Details are shown in Table 0-2.
Table 0-2 Annual investment plan
Year 2009 2010 2011 Sub-total Investment (104 5523.4 11046.7 5523.4 22093.4 Yuan) Proportion (%) 25% 50% 25% 100%
Resettlement Capital Resource
According to the project schedule, engineering capital comes from loans of domestic and foreign bank and financial transfer and all resettlement capital comes from local counterpart funds.
Capital Flow and Allocation Plan
Capital Flow
To ensure that the compensation can be paid to the APs timely and sufficiently according to the compensation policy and compensation rate in RAP, the capital flow in this project is as following: Xining WB Project Office directly pays the relevant tax fee to XDMO and XLNRB, and at the same time, deposits house demolition compensation, land compensation and resettlement subsidy in bank or credit cooperative. Then the bank or credit cooperative pay the money to affected villages or individuals on approvals made out by XWBPO. Young crop compensation and residential & non-residential house demolition compensation will be directly paid to the APs. Infrastructure compensation and ground attachment compensation are paid to related departments or individuals.
The usage of land compensation and resettlement subsidy should collect villagers’ suggestions extensively and sufficiently. After the usage scheme is
118 decided, it should report to XWBPO for approval and XWBPLT for a record. Land compensation and resettlement subsidy will be directly allotted in cash; the bank or credit cooperative pay the fund to affected villages or individual on approvals made out by resettlement office; land compensation and resettlement subsidy are used for developing project. Public bidding should be adopted if the sum is above 500 thousand Yuan; and the bank or credit corporative pay the funds to successful bidder or approvals made out by XWBPO.
Capital flow is shown in Chart 0-1.
local counterpart funds
XWBPO
Xining Water Affairs Bureau
Land and Natural Bank or credit town Resource Bureau & coorprative house demolition office A A E R t f n l t e c i f a a t n e s o e n c V i s c m r d h d t t p i i e m e
l m t a r l n d u i a c e s t
i t g q p i n t i e a t o e u e t s e l
n
r i
e o a s h s s
w n i o
o t d n i u n o
s e s n
e r b
s
y
Chart 0-1 Capital flow
Allocation and Management
(1) All the expenditure related to demolition and resettlement should be
119 included in the overall budgetary estimate of the project.
(2) Land compensation, resettlement subsidy and house demolition compensation should be allocated before land acquisition and house demolition to ensure appropriate resettlement to APs.
(3) To ensure land acquisition and resettlement of a smooth implementation, all kinds of financial and supervising organizations should be established to ensure all funds on position in time.
120 Monitoring and Evaluation
To ensure a smooth implementation of RAP and achieve the aim of properly resettled, according to the requirements of the World Bank Operational Policies OP4.12
Internal monitoring is carried out by Xining WB Project Leading Team, Xining WB Project Office and Xining Water Affairs Bureau, to ensure that land acquisition and house demolition is implemented according to the principle and timetable of RAP. The purpose of internal monitoring is to make resettlement agencies keep good functions in implementation process.
Independent monitoring and evaluation is the one that is regularly carried out by independent monitoring agency on land acquisition and house demolition. Independent monitoring of the project is done by experienced agency with rich experience. The content of independent monitoring are as follows:
¾Functions of resettlement network; ¾The implementation progress and compensation of land acquisition, house demolition and resettlement; ¾The resettlement and restoration of the demolished residents and enterprises and institutions; ¾Survey and analysis on the living and production level of re-settlers.
The purpose of independent monitoring is to provide an evaluation of resettlement by an organization independent from the project implementation
121 agencies, and to inspect the overall implementation from a broader, long-term view. Independent monitoring agency will follow the resettlement activities to evaluate whether the goals of resettlement are achieved through observing <1> the application of the laws of P.R.C. concerned on resettlement; <2> compliance with the principles of the World Bank’s Operational Directive O.P. 4.12 on Involuntary Resettlement; and <3>an improvement in the standards of living of the APs or at least maintenance of the former living standards. The Independent Monitoring Institution provides suggestions to the institutions for demolition implementation, so as the problems encountered in the implementation can be resolved in time.
Internal Monitoring
Xining WB Project Office operates an internal monitoring mechanism to detect resettlement activities. The project office builds a basic database of land acquisition and house demolition and resettlement and uses it to work out RAP, monitor all the resettled households and demolished agencies, and carry out internal monitoring on the whole preparation and implementation process.
Implementation Procedures
During the implementation, based on the monitoring samples, Xining Water Affairs Bureau collects and records resettlement information and timely transmits the record of the current activities to Xining WB Project Office, so as to maintain continuous monitoring on resettlement implementation. Xining WB Project Office will make regular supervision to the project resettlement.
In the above monitoring mechanisms, there is a continuous flow of information with a regular format from XWAB to XWBPLT. As the important component of the internal monitoring system, XWBPLT, XLNRB and XHDMO will carry out periodic supervision and verifications.
122 Monitoring Content
¾Action of rural re-settlers ¾Payment fund for re-settlers ¾Labour resettlement ¾Compensation and resettlement for residential house demolition ¾Compensation and resettlement for enterprises and institutions ¾Restoration and reconstruction of infrastructure ¾Staffing, training, working schedule and effectiveness of the institutions ¾Registration and disposal of complain and appeal from re-settlers
Internal Monitoring Report
Xining WB Project Office will compile an internal monitoring report and submit it to the World Bank every half year.
External Monitoring and Evaluation
External Independent Monitoring Institute
Xining WB Project Office will retain independent monitoring institute to carry out external monitoring and evaluation.
Independent monitoring institution will periodically monitor and evaluate the implementation of RAP, including the progress, quality of resettlement, utilization of funds. It will give advice and suggestions. After tracking monitoring APs’ living standard and production condition, the independent monitoring institution will submit monitoring and evaluation reports to XWBPMO and the World Bank.
Monitoring Procedure and Contents
(1) To compile working outline for M&E
(2) To develop software of resettlement M&E information system
(3) To prepare survey outline, questionnaire forms, and recording card
123 of APs, sampling enterprises and institutions
(4) To design sampling-investigation scheme
Sampling scale: 10% of households affected by land acquisition, 10% of residential houses affected by demolition, 100% of the enterprises and institutions.
(5) To run basement survey
A basement survey is carried out on the households and the enterprises and institutions affected by land acquisition and house demolition, so as to obtain basement data about their living standards and production condition (including living, business and income).
(6) To establish monitoring and evaluation information system
A monitoring and evaluation information system is established in which all the data are classified and stored in different databank in computer for convenience to analysis and tracking monitoring.
(7) To conduct monitoring survey
¾Capacity evaluation to resettlement implementation institution: doing survey on its working ability and efficiency ¾The progress, compensation standard and payment of resettlement ¾Impact analysis on land acquisition and house demolition ¾Tracing investigation and evaluation of income level of the affected households (with 10% sampling) ¾Monitoring key residents affected by demolition: on allocation of urban residents’ compensation fund, the houses for resettlement, moving progress, income restoration, resettlement quality; on house construction schedule, allocation of compensation fund, house quality and so on ¾Monitoring enterprises and institutions: on allocation of compensation, land acquisition for new site, house building, moving progress, production restoration, income restoration, resettlement quality and so on ¾Public facility: monitoring on allocation of compensation, rehabilitation of its functions, reconstruction progress
124 ¾Public consultation: participation in compiling RAP and APs’ participation during implementation, mentoring effects of participation ¾Appeal of re-settlers: mentoring registration and disposal of APs’ appeal
(8) To sort monitoring data and to establish databank (9) To conduct comparing analysis (10) To compile M&E report based on monitoring plan
¾In January 2009, independent monitoring and evaluation team is established to compile working outline. ¾In January 2009, preparation should be made for independent monitoring and evaluation, including: working out survey outline and questionnaire, establishing monitoring system, affirming task, and choosing monitoring sites. ¾In February 2009, to submit M&E report No.1 (baseline survey report) ¾In August 2009, the 2nd monitoring, to submit M&E report No.2. ¾In February 2010, the 3rd monitoring, to submit M&E report No.3. ¾In August 2010, the 4th monitoring, to submit M&E report No.4. ¾In February 2011, the 5th monitoring, to submit M&E report No.5. ¾In August 2011, to submit post-evaluation report.
Monitoring Indicator
¾Socio-economic indicator: income per capita, GDP, employment rate ¾Institution indicator: staff composition, staff quality, regulations, equipment, efficiency ¾Re-settlers affected by land acquisition and occupation: compensation fund appropriative rate, production resettling, income changing rate, employment rate, satisfaction level to resettlement ¾Rural demolished residents: compensation fund appropriative rate, location of curtilage, house reconstruction, satisfaction level to resettlement ¾Urban demolished residents: compensation fund appropriative rate, location and area of resettlement house, satisfaction level to resettlement
125 ¾Enterprises and institutions: compensation fund appropriative rate, location of new site, land acquisition pace of new site, worker average commuting time, worker income changing rate, tax changing rate, satisfaction level to resettlement ¾Infrastructure: compensation fund appropriative rate, function restoration rate.
Post Evaluation
After completing the project, based on monitoring and evaluation, post- evaluation will be carried out on resettlement activities with the application of post evaluation theory and method. The experiences of success and the lessons to be drawn from land acquisition, resettlement etc. will be summed up to contribute to resettlement in the future. Post evaluation will be conducted by external independent monitoring and evaluation agency entrusted by XWBPO. The independent monitoring and evaluation agency should compile working outline of post-evaluation and develop evaluation indicators. It will conduct socio-economic analysis survey, compile post-evaluation report on resettlement of Xining Urban River Treatment Project, and submit it to XWBPO and the World Bank.
126 Entitlement Matrix
Table 0-1 Entitlement Matrix
Types of affected APs Resettlement policy Rate Grain-land /vegetable land Land compensation 27000 yuan/mu Obtain land compensation for house site and wood land and Resettlement subsidy 54000 yuan/mu 39 villages of resettlement subsidy; House site: 11 towns In the village restoring plan process, obtain support and aids from Land compensation 2400 yuan/mu PMO and governments of all levels. Woodland Land compensation 1800 yuan/mu Resettlement subsidy 1800 yuan/mu Compensation for ground attachments; Acquisition of collective Obtain land compensation for grain land and vegetable land and Grain land / Vegetable land owned land labor resettlement subsidy with approval issued by village discussion; 3549 people Grain-land/vegetable land 27000 yuan/mu Rural collective owned Obtain opportunity to train and employ, measures are taken to of 888 Resettlement compensation: 54000 yuan/mu land 1635.1 Mu households prevent business income decrease; Young crop compensation Enjoy the invest interest from land compensation and resettlement Grain-land/vegetable land 2700 yuan/mu subsidy; Be employed with priority Cultivated land reclaiming fee 3600 yuan/mu Grain-land/vegetable land Relevant Usage fee for added construction land 32016 yuan/mu institutes Tax & fee Cultivated land occupation tax 3335 yuan/mu Land acquisition administration fee (4% of total land acquisition compensation) Acquisition of state owned land State owned land Haihu New 338.98Mu, of which District Enjoy compensation of land use 260000 yuan/mu transferred for free (transfer) 298.98Mu Land use right transfer 40 Mu. Rural residential house House demolition compensation 132 Compensated at replacement price, occurred expenditure on demolition First class brick-concrete structure 597 yuan/m2 households, House acreage attachment remove is compensated Second class brick-concrete structure 569 yuan/m2 538 persons 30006.8 Third class brick-concrete structure 543 yuan/m2
127 Types of affected APs Resettlement policy Rate 2 Can choose with compensation as will: cash compensation, cartilage First class brick-wood structure 563 yuan/m 2 reconstruction resettlement Second class brick-wood structure 535 yuan/m Other compensation
Moving subsidy 400 yuan/household APs need not pay any tax & fee, relative cost for transacting Temporary resettlement subsidy 4 yuan/ M2· month calculated certificates for house, land etc. and right legal cost. as 6 months
Compensated with movement subsidy, subsidy for temporary relocation, bonus for remove in advance, etc. House demolition compensation 1 House for production Third class brick-concrete structure 806 yuan/m2 Fourth class brick-concrete structure 780 yuan/m2 House compensation at replacement price Third class brick-wood structure 778 yuan/m2 Enterprise house Fourth class other structure 718 yuan/m2 demolition 2 House for business 3097.16 of enterprise Reconstruct house on the area offered by government with own wills 22 Third class mixed structure 881 yuan/m2 houses and 1865 of Fourth class mixed structure 855 /m2 bounding wall are Compensated with movement subsidy, subsidy for temporary Third class brick-wood structure 853 /m2 demolished relocation, and bonus for remove in advance, production stop & 2 shutout subsidy, etc. Fourth class other structure 793 /m Other compensation Moving subsidy 120 yuan/5 ton or per carriage Compensation for stop of production and business closed 220 yuan/ person·month calculated as 6 months After project implementation, households in poverty can get loan from local credit union priorly under the guarantee of local village Ethnic minority and 18 / vulnerable group households collectivity. During project implementation, local village collectivity will help them choose house site and move and build house. Ground attachment Property right Compensated by project construction institutes to property See details in Table 5-4 18 categories owner owners.
128 Annex 1 Socio-economic investigation on affected towns/streets
Table 1 Township social economic situation Eastern Western Township/street office Dabaozi Mafang Zongzhai Eishilipu Xiaoqiao Chengguan Dahua Shenzhong Nanchuan Nanchuan 4
Population Population Total 10 persons 3.1 5.5226 2.4409 4.6433 2.753 2.782 11.0621 3.6312 2.2382 1.5108 Male 104 persons 1.453 2.7754 1.2078 2.4764 1.409 1.4851 5.5376 1.8315 1.1375 0.8015 Female 104 persons 1.647 2.7472 1.2331 2.1669 1.3439 1.2969 5.5245 1.7997 1.1007 0.7093 Agriculture 104 persons 1.8541 0.9801 0.4139 0.5216 2.753 1.5365 0.6091 0.7903 2.2328 1.5108 Non-Agri. 104 persons 1.2459 4.5425 2.027 4.1217 0 1.2455 10.453 2.8409 0 0 4
population Rural 10 persons 0 0.9801 0.4139 0.5216 2.75 1.5365 0.6091 0.7903 2.2328 1.5108 4 Rural Rural Labor 10 persons 1.11 0.5245 0.2354 0.3583 1.51 0.8193 0.4066 0.4118 1.2653 0.8662 The 1st industry 104 persons 0.4522 0.2234 0.068 0.1402 0.45 0.471 0.1445 0.3288 0.5341 0.3623 The 2nd industry 104 persons 0.3212 0.1884 0.0858 0.0641 0.3 0.1951 0.141 0.0206 0.288 0.0871 Other labor 104 persons 0.3366 0.1127 0.0816 0.154 0.75 0.1522 0.1211 0.0624 0.4432 0.4168 Total agricultural land area 1.8671 0.1703 0.68235 0.1987 3.37 1.3473 0.2341 0.59 4.1311 2.6557 Waterland 104 mu 1.8671 0 0.2876 0.1987 0 0.4355 0.2341 0.5 0.93344 0.615 Dry land 104 mu 0 0.1703 0.39475 0 3.37 0.9188 0 0.09 3.19766 2.0407 Cultivated land Other 104 mu 0 0 0 0 0 0 0 0 0 0 Agricultural planting area 104 mu 1.8671 0.2414 0.07995 0.2818 3.37 1.6845 0.2341 0.59 4.1311 2.6557 Food planting area 104 mu 0.5056 0.0326 0.007 0.02 2.33 0.4426 0.033 0.23 2.9267 0.6978 Production value 104 Ton 0.1102 0.0134 0.00028 0.0064 1.5 0.1282 0.0084 0.062 1.30314 0.55 Oil plants 104 mu 0.4402 0.0936 0.0543 0.043 0.66 0.3669 0.0781 0.1 0.8835 0.27 Production value 104 Ton 0.768 0.0153 0.001086 0.0086 0.11 0.063 0.0131 0.014 0.1358 0.076 Other 104 mu 0.9213 0.1152 0.01865 0.2188 0.38 0.875 0.123 0.26 0.3209 1.6879 Production value 104 Ton 1.8734 0.3278 0.04849 0.6206 0.67 1.9285 0.6069 0.67 0.80225 0.334 8
Production Production GDP 10 Yuan 3.3 3.78 0.2401 2.4428 1.9 3.01 2.1245 1.4464 0.9744 0.53186
value The 1st industry 0.6 0.73 0.0407 0.1269 0.4 0.52 1.0456 0.0647 0.6663 0.3575 The 2nd industry 2.4 2.6 0.0956 1.8519 0.8 2.47 0.5396 1.1397 0.18553 0.02157 The 3rd industry 0.3 0.45 0.1038 0.464 0.7 0.02 0.5393 0.242 0.12257 0.15279 GDP per capita Yuan 5326 4324 5714 5190 4003 4325 5691 3981.8 4354 3519
Income Income Per capita disposable income of urban people 4516 6193 6000 5713 4521 5834 6890 4815 5123 5231 Yuan Per capita disposable income of rural people 4213 5922 5324 5621 4235 5270 5216 2926 2775 2765 Yuan
129 Annex 2 Socio-economic Survey of the Affected Villages
Table 2 Socio-economic survey of each affected village in Xining urban District (1)
District/ country Chengbei District Chengnan District Mafang Xiaoqiao Town/street street Ershilipu Town Zongzhai Town Street committee committee Beixing Sanqi Ershilipu Jiujiawan Guojiata Shuangsubao Taojiazhai Taoxin Xinzhuang Xiejiazhai Xin’an Yuanbaozi Lujiazhai Affected village/community Shitoulei yuan village village village village village village village village village village village village village Total 460 560 186 252 380 412 320 270 95 598 959 334 394 501 households Total population 1897 2447 852 496 1800 1894 1420 1150 430 2247 3890 1324 1507 1974 Population Male 1008 1243 380 300 896 1024 718 490 249 1089 1985 669 720 765 Agricultural 1897 2247 761 461 1800 1786 1420 1150 410 2247 3890 1324 1507 1974 Non- 0 200 91 35 0 108 0 0 20 0 0 0 0 0 agricultural 0-16(persons) 258 464 183 101 450 545 232 350 50 660 900 207 300 600
age 16-60(persons) 1200 1600 594 324 1250 1107 1037 590 350 1398 2590 1002 987 1174
Above 439 383 75 71 100 242 151 210 30 189 400 115 220 200 60(persons) Illiterate & education 50 46 22 78 800 121 187 100 46 51 585 0 220 30 semiliterate Primary school 420 451 80 136 300 410 424 745 113 1519 400 207 400 100 Junior middle 1020 1090 614 236 620 1140 589 300 210 560 2340 997 500 1544 school Senior middle school & 317 800 115 29 35 158 166 5 21 70 365 120 300 300 secondary school
130 District/ country Chengbei District Chengnan District Mafang Xiaoqiao Town/street street Ershilipu Town Zongzhai Town Street committee committee Junior college & 90 60 21 17 45 65 54 0 40 47 200 0 87 0 the above Han nationality 1877 2440 852 495 1800 1492 1172 1150 430 2244 3873 1324 1504 1965 Hui nationality 20 2 0 1 0 399 246 0 0 0 1 0 1 0
Nationality Tibetan 0 1 0 0 0 3 2 0 0 0 10 0 1 3 Tu ethnic Tu ethnic Tu ethnic Tu ethnic Others 0 4 0 0 0 0 0 0 0 group group 0 group group 3 6 1 6 Total labors 700 1600 594 324 1250 1107 1037 590 350 1398 2590 1002 987 1174 Female 316 756 3111 136 519 508 615 378 199 702 1244 522 490 347 labor persons labor Industrial labor 217 431 199 41 242 321 225 192 102 245 576 303 213 167 Agricultural 383 817 319 225 711 578 739 237 213 832 1455 487 576 614 labor Tertiary 100 352 76 58 297 208 73 161 35 321 559 212 198 393 industry labor Total area 1450 1450 420 472 330 980 711 754 162 700 5379 762.5 1614 1463 Cultivated land Collective non- 100 100 30 16 0 70 0 0 0 0 0 0 0 0 cultivated land
Non-cultivated 1450 1450 100 670 0 70 50 50 20 0 260 0 0 0 Non- land (mu) cultivated land Collective non- 120 110 80 30 0 50 50 0 20 0 260 0 0 0 cultivated land
Output Total output 982 790 278 310 139 809 231 179 1283 1093 2136 1240 898 4064 value valuue
131 District/ country Chengbei District Chengnan District Mafang Xiaoqiao Town/street street Ershilipu Town Zongzhai Town Street committee committee Agricultural 98 78 26 37 15 84 7 14 275 93 498 293 158 205 output value
Industrial output / / / / / / / / / 285 844 531 267 3107 value
Tertiary industry output / / 26 / / / / / / 716 793 416 473 751 value Net income per 4200 4295 4800 5271 4000 4784 3453 5100 3412 3705 2557 4232 4631 4454 capita Agriculture (%) 45 53 10 20 25 10 33 30 23 5 20 20 30 10 Farmer net income Industry (%) 40 47 80 70 56 50 47 45 5 35 10 60 5 70 Tertiary 15 0 10 10 19 40 20 25 9 65 70 20 65 20 industry (%)
132 Table 2 Socio-economic survey of each affected village in Xining urban District (2)
District/ country Chengzhong District Chengxi District
West Nanchuan Road East Nanchuan Road street Pengjiazhai Town/street street committee committee
village Hongxing Shenjia- Hongguang Xinqing village Shuimo village Zhangjiawan village village zhai village Total households 229 75 655 350 192 207
Total population 729 323 2882 1470 687 837 Population Male 369 119 1658 620 360 512 Agricultural 729 323 2882 1470 537 837 Non- 0 0 0 0 150 0 agricultural 0-16(persons) 152 64 652 270 113 307
age 16-60(persons) 476 235 1818 1080 496 449
Above 60(persons) 101 24 412 120 78 81
Illiterate & semiliterate 46 8 672 0 41 87 Primary school 419 88 398 110 198 445
education Junior middle school 189 158 1433 770 376 216 Senior middle school & 56 43 247 294 38 57 secondary school Junior college & the above 19 26 132 296 34 32 Nationality Han nationality 682 320 2855 1423 659 837 Hui nationality 47 3 27 23 26 0 Tibetan 0 0 0 15 2 0
133 District/ country Chengzhong District Chengxi District
West Nanchuan Road East Nanchuan Road street Pengjiazhai Town/street street committee committee
Others 0 0 0 9 0 0
Total labors 476 235 1818 1080 496 449
Female labor persons 397 185 676 451 185 283
labor Industrial labor 98 49 370 234 138
Agricultural labor 246 142 1128 643 233 756
Tertiary industry labor 132 44 320 203 125
Total area 189.4 32 1460 677 343 1100 Cultivated land Collective non-cultivated 0 0 0 20 0 270 land
Non-cultivated land (mu) 0 0 0 76 96 0 Non-cultivated land Collective non-cultivated 0 0 0 20 0 0 land
Total output valuue 352 172 1259 600 431 4000
Agricultural output value 8 7 513 150 27
Output value Industrial output value 0 18 145 380 126 4000
Tertiary industry output 344 148 601 70 278 value
Farmer net income Net income per capita 4900 5140 3885 5991 6051 4100
134 District/ country Chengzhong District Chengxi District
West Nanchuan Road East Nanchuan Road street Pengjiazhai Town/street street committee committee
Agriculture (%) 20 30 25 25 6 40
Industry (%) 65 50 55 63 29 60
Tertiary industry (%) 15 20 20 12 65 0
Table 2 Socio-economic survey of each affected village in Huangyuan Country (continued)
District / Huangyuan Country Town /street Chengguan Town Dahua Town Shenzhong Township Guanghua Yongxing Hejiazhai Chihan Dahua Lida Yaozhuang Xinquan Kouzi Kalu Miaogou Dalu Affected village/community village village village village village village village village village village village village Total 265 212 152 720 340 249 132 224 96 213 96 217 households
Total population 1263 811 640 3365 1375 1120 546 914 393 960 432 846
Population Male 543 454 329 1584 871 480 274 432 191 504 230 478 Agricultural 1263 811 640 3365 1375 1120 546 914 393 960 432 846 population Non-agricultural 0 0 0 0 0 0 0 0 0 0 0 0 population 0-16 (persons) 132 123 113 421 231 122 89 113 81 161 69 171
Age 16-60 (persons) 924 561 410 2459 915 798 367 671 210 679 314 543
Above 60 207 127 117 485 229 200 90 130 102 120 49 132
Illiterate & Education 41 23 14 104 34 23 19 12 10 15 21 17 semiliterate
135 District / Huangyuan Country Town /street Chengguan Town Dahua Town Shenzhong Township Guanghua Yongxing Hejiazhai Chihan Dahua Lida Yaozhuang Xinquan Kouzi Kalu Miaogou Dalu Affected village/community village village village village village village village village village village village village
Primary school 456 234 217 1034 421 398 192 299 123 349 119 328 Junior middle 613 443 321 1832 819 575 256 564 198 432 248 423 school Senior middle school & 93 53 43 219 87 74 49 32 32 98 31 39 secondary school Junior college & 60 58 45 176 14 50 30 7 30 66 13 39 the above Han nationality 1263 811 640 3365 1375 1120 545 914 393 960 432 834
Hui nationality 19 0 0 0 0 0 0 23 0 12 0 2 Nationality Tibetan 0 22 0 12 0 0 2 0 0 0 0 10
Others 0 0 0 0 0 0 0 0 0 0 0 0
Total labors 891 601 410 2111 817 712 312 605 212 621 305 612
Female labor 319 298 178 988 389 318 129 242 93 310 137 374
Labor Industrial labor 153 120 83 329 148 149 49 149 34 111 49 109 Agricultural 567 439 292 1478 561 398 210 339 138 410 193 431 labor Tertiary industry 171 42 35 304 108 165 53 117 40 100 63 72 labor Cultivated land 795 618 1280 2162 1020 838 664 1828 1112 1980 1211 1364 Cultivated (mu) land Collective 14 32 40 190 49 30 40 50 50 50 30 30 cultivated land Non- Cultivated land 813 349 1230 1400 560 400 400 300 410 430 190 200 cultivated (mu) land 136 District / Huangyuan Country Town /street Chengguan Town Dahua Town Shenzhong Township Guanghua Yongxing Hejiazhai Chihan Dahua Lida Yaozhuang Xinquan Kouzi Kalu Miaogou Dalu Affected village/community village village village village village village village village village village village village land Collective non-cultivated 430 20 340 300 30 30 0 0 30 0 10 30 land Total output value 426 339 313 1087 541 369 317 461 165 325 187 348 (100²Yuan) Total agricultural 23 32 29 87 48 35 27 56 7 23 13 27 output value Output value (100²Yuan) Total industrial output / / / / / / / / / / / / value(100²Yuan) Total tertiary industrial output / / / / / / / / / / / / value(100²Yuan)
Net income per 1221 1112 1222 1238 815 1026 750 980 1260 1160 880 840 farmer
Farmer net Agriculture (%) 54 45 63 40 49 50 48 42 58 54 55 60 income Industry (%) 34 34 20 40 25 20 22 33 22 24 33 22 Tertiary industry 12 21 17 20 26 30 30 25 20 22 18 18 (%)
137 Annex 3 Setting Points of Rural Residential House
The area of the demolished rural-residential house in the project is total to be 30006.8m². 132 households and 538 people are affected. According to the questionnaire, in the affected 132 rural households, 111 of them (84%) would like to be provided curtilage and build their house independently; while the rest 21 households (16%) choose monetary resettlement for having another house. It is stipulated that curtilage area of each household should be below 200m², and after negotiation with the 10 affected villages, unused lands and waste lands would be provided by the affected villages themselves. 33mu (22200m² or so) lands are needed to resettle the APs in need of curtilage.
Table 3 Resettlement standards and area
Resettlement Affected village Affected Resettlement mode standard of Curtilage area household home stead (m²) Money Curtilage (m²/household) Hongxing village 32 5 27 200 5400 Xinqing village 5 5 200 1000 Shenjiazhai 21 5 16 200 3200 village Shuimo village 23 4 19 200 3800 Hongguang 5 5 200 0 village Taojiazhai 1 1 200 200 village Nangyoushan 40 2 38 200 7600 village Sanqi village 1 1 200 200 Qijiancheng 3 3 200 600 village Xin’an village 1 1 200 200 Subtotal 132 21 111 / 22200
At present, site-choosing of setting points and relevant land permission procedure are being in transaction. The location is waiting to be defined by relevant departments. The selection of curtilage is to be in wasteland or vacant land, so there is no land acquisition and resettlement.
XWBPO and implementation institutes will carry out integrated planning
138 to curtilage and the APs will build house independently. Meanwhile, supply of water, electricity and gas and leveled ground (three supplies and one leveling) will obtain financial support and be arranged by project office and implementation institutes.
139 Annex 4 TOR for Independent Monitoring and Evaluation
A Objectives of resettlement monitoring and evaluation According to the request of the World Bank OP4.12 operational guidelines
B Main content of monitoring and evaluation (1) Baseline survey Including: APs’ income and expenditure affected House structure and areas affected land type and outputs (2)Monitoring and evaluation of procedure in implementing residential house demolition ¾Including: land acquisition and house demolition progress progress of resettlement house construction and land compensation relocation and income restoration progress; (3) Progress of demolition and resettlement of enterprise/shops ¾Including: house demolition progress and compensation resettlement production restoration. (4) Capital implementation and monitoring & evaluation ¾including availability of fund appropriation fund using planned and actual . (5) Monitoring and evaluation of resettlement living level ¾including living condition before house demolition living condition after house demolition comparative analysis and evaluation of
140 employment and living level before and after house demolition (5) Resettlement Organization Ability assessment and public participation, complaint
C Technical route
Technical route of external monitoring and evaluation is shown in the following.
141 establishment
Work out an outline of monitoring and evaluation
Establish survey program, survey format, and record cards of typical household
Design sampling investigation programme
Basement survey
Establish information system of monitoring and evaluation
Monitoring investigation
Monitoring of Monitor affected Monitor affected implementation organization communities households
Tidy monitoring data, establish database
Comparative analysis and assessment
Working out M&E report no Whether completing resettlement monitoring
The end
D External monitoring organization The external monitoring and evaluation of the resettlement is carried out the external monitoring organization approved by the World Bank entrusted by the Project PMO.
142 E Organization and division of resettlement monitoring and evaluation ¾The PMO entrusts external monitoring agency to be responsible for the specific survey, data collecting, analysis of monitoring and evaluation, and review the results. ¾External monitoring organization composes of “resettlement monitoring and evaluation team of the Project”. Its tasks: according to the involuntary resettlement policy of the World Bank, monitor and evaluate the project resettlement, take charge of preparing the framework of monitoring and evaluation, set monitoring site, be responsible for monitoring and investigation on the spot and analysis of the business, and be responsible for preparing the report of resettlement monitoring and evaluation.
F Methods to resettlement monitoring and evaluation ¾Monitoring and evaluation use a combination method of spot investigation, counting analysis and expert comprehensive assessment. ¾The investigation is done from point to side. The progress, fund, organization and management of implementation need to be fully investigated. Sampling survey is done to resettled households. ¾Sampling survey uses the method of classification random sampling to track to investigate typical sampling resettled households. The sampling proportion: 10% of affected households ; 20% of demolition-affected enterprises ¾Comprehensive survey uses the method of survey formats, informal discussion, and inquiry of documents and files and so on. ¾Except textual information, pay attention to collecting photographs, audio, video, and other physical information.
G External monitoring and evaluation report External monitoring organization hands in M&E report to the PMO and the World Bank twice a year.
143 Annex 5 Process Framework
Process Framework for Xining Urban Flood Control and Watershed Management Project A Project Description
Xining urban flood control and watershed project mainly consists of 3 subprojects: 1) flood control and flood management; 2) watershed management; 3) waste water collecting. This project is of great significance in mitigating pollution in Huang River upper reaches, strengthening the flood control capability of Xining, improving watershed ecology and human habitat environment, safeguarding the security of the residents’ lives and properties of all nationalities in the watershed and protecting the fruit of social and economic development in Qinghai province.
In 17 watershed management subprojects: Detailed participatory small watershed management plans for 3 pilot gullies of Huoshao in Huangzhong county, Lasa in Huangyuan County and Huji in Datong county have been prepared, while the remaining 14 gullies’ plan will be addressed and prepared in line with the principles of the pilot gullies’ plan prior to the implementation. The contents of investment consist of: Environment controlling, including reforestation, building terrace, reinforcing barren slopes through growing grass; Infrastructure building in rural area, water and soil conservation, improving drainage; Community livelihood actions: green house building, marsh gas pool building and raising livestock; Capacity building of subordinates and community staff: the watershed management project area involves a population of 48.3 thousand of 44 villages of 12 townships in 3 districts and 3 counties, which is all agricultural population. Of which agricultural labor force is 27 thousand and population density is 170 people/k . Project area occupies an area of 28494h , among which
144 25098h has the problem of water and soil loss, accounting for 88.1%.
One of the most important measures in watershed management is restoring the ecology environment of mountain forest and pastures through rotation grazing method. Making full use of the strength of nature, managing water and soil loss depends on the self-restoring of ecology so to promote its effects.
145 Table 1 Small watershed management project information
Water and Total Agricultural Agricultural Total land Population Area under jurisdiction soil loss Project population population labor force acreage density acreage Township Village Household Person Person K K Persons / K Total 12 44 11937 48344 48344 27012 284.94 250.98 169.66 Subtotal 4 10 3022 11270 11270 6655 46.93 41.93 240.14 Chengxi Huojiao Gully / 1 1332 1332 1332 831 8.73 1841 71.12 district Xining Subtotal / 2 3270 3270 3270 1698 7.66 7.12 426.89 Chengbei urban area Baojia gully / 1 1520 1520 1520 998 4.31 4.31 352.67 district Daya Gully / 1 1750 1750 1750 700 3.35 2.81 522.39 Chengnan Dujia Gully / 7 6668 6668 6668 4126 20.54 16.40 324.63 district Subtotal 3 14 4288 18607 18607 9539 87.44 75.53 212.80 Huji Gully pilot / 1 268 1170 1170 755 3.96 3.55 295.45 Maojia Gully / 1 360 1510 1510 908 13.10 11.68 115.27 Datong Qiaoer Gully / 2 669 3208 3208 1130 7.01 4.94 457.63 county Dongxia Gully / 3 767 3059 3059 1753 16.36 14.46 186.98 Dameidong Gully / 5 1474 6740 6740 3533 14.03 10.56 480.40 Miao Gully / 2 750 2920 2920 1460 32.98 30.34 88.54 Subtotal 2 11 2453 9670 9670 6396 97.99 86.11 98.68 Huangzhong Fengtai Gully / 5 522 2065 2065 1518 33.77 30.92 61.15 county Huoshao Gully(pilot) / 2 1053 3877 3877 2557 39.03 34.59 99.33 Lushaer Gully / 4 878 3728 3728 2321 25.19 20.60 148.00 Subtotal 3 9 2174 8797 8797 4422 52.58 47.41 167.31 Bohang Gully / 4 1053 4615 4615 2330 21.67 20.46 212.97 Huangyuan Hela Gully / 1 273 1011 1011 500 13.50 11.79 74.89 county Lasa Gully(pilot) / 2 409 1422 1422 769 12.29 10.15 115.70 Quan’erwan Gully / 2 439 1749 1749 823 5.12 5.01 341.60 Sources : Xining socio-economic statistic book 2007
146 B Process Framework
World Bank assisted projects ask final borrowers or enforcement body to take all necessary measures to mitigate adverse social impacts, especially on vulnerable groups. Under OP (operational policy) 4.12 on involuntary resettlement, a process framework is set up in projects involving involuntary restriction of access to properties or natural resource uses. During project preparation, entrusted by Xining WB Project Management Office, a full social assessment was carried out by the Western Development Research Center of The Central University for Nationalities. The method for social assessment is mainly Participatory Rural Assessment (PRA).The social assessment fully examined the economic, social and cultural impacts on residents in project area, and evaluated as well the potential impacts on local residents’ living level of by the small watershed hill closure and forestation.
Social assessment found that this project would strength the capacity in project area for defending natural hazard, protect and promote the social and economic development of the whole Qinghai Province. As for small watershed management, the life and production of local residents would be affected by the changes, caused by this project, in current land using system. On one hand, hill closure and forestation and management in small watershed is facilitate to the preservation of water and soil, and the improvement of ecology; the project of altering slopes into terrace is facilitate to the preservation of water and soil, the land fertility as well as the reinforcement of Cultivated land; the building of check dam, flood wall, water-blocking dam would help villagers use seeper for irrigation and increase irrigable acre. On the other hand, the measures taken for hill closure and forestation in small watershed would lead to the reduction of the public grazing acreage; reclamation and cultivation on barren hills and slopes would be strictly restricted, which would produce negative effects to the incomings of local people.
According WB relevant social guarantee policies, such measures must be adopted: a) help APs to increase their living standards, at least restoring, to guarantee the sustainability of small watershed management; b) solve potential conflicts. In addition, we can get the follow conclusion from participation and negotiations during appraisal time: a series of measures
147 should be adopted to decrease unnecessary restrictions on local residents in small watershed management.
During project preparation, the potential negative impacts have been identified through participatory consultation and negotiation with villages and affected persons in three pilot gullies. A series of measures that would avoid or minimize negative impact and compensate potential negative impact on livelihoods have been formulated and incorporated into each participatory small watershed management plan. Therefore, this process framework aims to ensure the participation and consultation approaches to be curried out in remaining 14 gullies, choose and recognize practicable measures to avoid or minimize negative impact, and prepare the participatory small watershed management plan for each remaining gully.
C Main Contents of the Policy Process Framework
¾Identification of Eligible Impacted Persons According to preliminary investigation, 44 villages, 12 townships, 3 counties and 3 districts are involved in the watershed project area with a total population of 48.3 thousand, of which 48.3 thousand are agricultural population and 27 thousand agricultural labor forces (see details in Table-1). Of course, the accurate affected villages and population will be identified during the designing of small watershed management. All the affected households within project area will be considered eligible impacted persons.
Due to general planning of the project, there is no involuntary entire removal of any village within the 17 watershed management. So, we can draw the conclusion that, no involuntary resettlement will take place because of small watershed management. Similarly, no extra involuntary resettlement will take place during the implementation of this project. According to watershed management impacts survey by Xining PMO, small watershed management experts, NRCR of Hohai University and affected villager representatives, it is confirmed that the main impacts on the livelihood of local residents are mainly caused by rotation grazing and forestation. Impacts are mainly on grazing, fuel sources, going-out roads ect. Among 17 small watersheds, 14 have adopted rotation grazing and forestation measures, totally 38389 persons of
148 9257 households, including 1457 minority ethnic people of 334 households.
Table 2 Impacts by Hill Closure and Forestation in Small Watersheds
Affected people/Households Small Negative impacts of watershed Project contents Among which: minority rotation grazing name Total community name\persons\households A.Forestation Measures 1.on grazing B.Rotation 2.on fuel(firewood) 1315 grazing Measures Dujia Gully sources persons 342 13 persons/4 Households C.livelihood 3.on roads, causing Households Measures difficulties to go out D.project Measures A.Forestation Measures 1.on grazing B.Rotation 2.on fuel(firewood) 1170 grazing Measures sources Tibetan,Tu ethnic group 15 Huji gully persons 268 C.livelihood 3.on vegetable persons/3 Households Households Measures greenhouse Cultivated D.project land Measures A.Forestation Measures B.Rotation 1.on grazing grazing Measures 1510 360 Tibetan,Tu ethnic group 16 Maojia gully 2.on fuel(firewood) C.livelihood Households persons/4 Households sources Measures D.project Measures A.Forestation Measures B.Rotation 1.on grazing grazing Measures 3208 669 Hui ethnic group 225 Qiaoer gully 2.on fuel(firewood) C.livelihood Households persons 46 Households sources Measures D.project Measures A.Forestation Measures 1.on grazing 3059 B.Rotation Tibetan ethnic group 125 Dongxia gully 2.on fuel(firewood) persons 767 grazing Measures persons/32 Households sources Households C.livelihood Measures A.Forestation Measures B.Rotation 1.on grazing 6740 Dameidong grazing Measures Hui ethnic group 270 2.on fuel(firewood) persons 1474 gully C.livelihood persons/54 sources Households Measures D.project Measures A.Forestation Measures B.Rotation 1.on grazing grazing Measures 2920 persons/750 Tibetan,Tu ethnic group 48 Miao gully 2.on fuel(firewood) C.livelihood Households persons 12 Households sources Measures D.project Measures Huoshao gully A.Forestation 1.on grazing and forage 3877 / Measures 2.on fuel(firewood) persons 1053 B.Rotation sources Households
149 Affected people/Households Small Negative impacts of watershed Project contents Among which: minority rotation grazing name Total community name\persons\households B.Rotation sources Households grazing Measures 3.on roads, causing C.livelihood difficulties to go out Measures D.project Measures A.Forestation Measures B.Rotation 3728 grazing Measures Lusaer 1.on grazing persons 878 180 persons C.livelihood Households Measures D.project Measures A.Forestation Measures B.Rotation 1.on grazing 2065 grazing Measures Fengta gully 2.on roads, causing persons 522 / C.livelihood difficulties to go out Households Measures D.project Measures A.Forestation Measures B.Rotation grazing Measures 1422 persons/409 Lasa gully 1.on grazing 93 persons/26 Households C.livelihood Households Measures D.project Measures A.Forestation Measures B.Rotation grazing Measures 1011 persons/273 Ala gully 1.on grazing 56 persons/11 Households C.livelihood Households Measures D.project Measures A.Forestation Measures B.Rotation 4615 grazing Measures Bohang gully 1.on grazing persons/1053 246 persons/62 Households C.livelihood Households Measures D.project Measures A.Forestation Measures B.Rotation Quan’erwan grazing Measures 1749 persons/439 1.on grazing 160 persons/41 Households gully C.livelihood Households Measures D.project Measures Note: The date sources of three pilot gullies are their participatory small watershed management plans. As for the remaining gullies, the data come from the primary screening of the rapidly assessment; the data will be updated later on the basis of their participatory small watershed management plans. D Consultation and Participation Participatory approaches have the potential to identify best options to
150 minimize impact and to ensure their successful implementation. Formal and informal consultation with potentially impacted communities has taken place during the social assessment and will continue during project implementation. Formal and informal consultation with local government and communities is at the core of most measures below. Guidelines for a step-by-step participatory process will be available to the small watershed management staff, as well as training on participatory approaches.
1 Identification and Coordination of Stakeholders Stakeholders, which are interested in the outcome of the project and will be affected positively or negatively in the project process, include individuals, communities, various groups and organizations.
The establishment of stakeholder coordination committees or small watershed planning group will be one of the first steps in the implementation of small watershed management. Stakeholders whose participation is critical for the purpose of this process framework include Xining WB Project Management Office and Watershed planning groups of affected counties.
2 Community Participation in the Resource Surveys The watershed planning group would invite villagers who have a fair level of knowledge on local resources to join in them through local communities. To make full use of their knowledge, these villagers would be invited to join survey activities to find out the principal problems and restrictive factors for watershed development, which would provide basis for the watershed development goals and planning. Appropriate means are likely to include group discussions, individual interviews, and joint field surveys with watershed planning group staff.
Therefore, the participators in the resource survey include: watershed planning group staff, community household representatives (includes women representatives, households of various economic conditions, ages and nationalities), village cadres and other people who are familiar with the affected communities.
3 Community Participation in the Project Planning / Designing Based on the watershed problems and developing requirement identified
151 in the participatory survey, the development goals including long term ones and project planning ones must be settled after the discussions between watershed planning group and local residents. The basic principals for the small watershed planning are: keeping accordance with the regulations of relevant state laws; linking up with the general development goals of counties (townships) and maintaining coordination and coherence between the goals of this planning and other planning; ensuring the affected persons livelihood restoration; considering water and soil loss control, ecology environment improvement and requirements of community residents, people in poverty and vulnerable groups.
Based on watershed planning, proper designing about small watershed management must be proposed, which should be fully discussed and consulted with villager representatives. Specialized technical personnel should be consulted when occasions demands. Completing the planning of watershed subproject and forming watershed project package based on the scientific designing and reasonable layout of the small watershed management.
4 Community Participation in the Project Implementation / Managing In order to guarantee the smooth implementation of project planning and designing, the responsibilities, knowledge and capacity about resource using and decision of community organizations must be made full use of to make local residents participate in the implementation and management of the strategies and actions which would affect their livelihood. Approaches below can guarantee the fulfillment of above mentioned goals: (1) under the guidance of planning group, project implementation and managing group with definite duties and responsibilities should be formed by the voting of affected households or local communities, commonly, which should be formed based on community planning group, 3-5 people from each village; (2) Clarifying the tasks, duties and responsibilities of project implementation and managing group: a) definite finance administering planning, b) definite purchasing procedure, tasks and requirement, c) definite the technique, training and other service support for project implementation, d) supervision and acceptance check of project implementation and follow-up management (including making
152 restrictive clauses); (3) Publicizing the results of voting.
E Rehabilitation Plan According the objectives of procedure framework, impacts appraisal and effective measures should be made after mutual participation and discussion of affected residents, governments of county and township levels as well as village collective economic organizations. See details of various measures and investments in Table 3:
Table 3 Rehabilitation measures for hill closure and forestation impacts Negative Small impacts by Measures Project Impacts watershed hill closure Impacts recovery measures investment contents categories Name and fund(104Yuan) forestation A.Forestation barn 101 sets Measures 1.on grazing 1 keeping 2265 B.Hill 2.on domestic heads of closure and fuel(firewood) animals sheep Dujia gully forestation sources solar energy 2 400 159.45 watershed Measures 3.on roads, kitchen range C.livelihood causing Measures difficulties to .project go out 3 road hardening 1.5km Measures A.Forestation barn sets Measures 1.on grazing keeping 1 40 heads B.Hill 2.on domestic of cattle closure and fuel(firewood) animals forestation sources Biaogas Huji gully 100 112.38 Measures 3.on vegetable generating pit 2 C.livelihood greenhouse solar energy 268 Measures Cultivated kitchen range .project land Measures 3 Greenhouse 35 A.Forestation barn 35 sets Measures keeping 1 60 heads B.Hill domestic of cattle closure and 1.on grazing animals Maojia forestation 2.on Biaogas 120 sets 98.06 gully Measures fuel(firewood) generating pit C.livelihood sources 2 Measures solar energy 360sets .project kitchen range Measures Qiaoer A.Forestation 1.on grazing barn 125 197.55 gully Measures 2.on 1 keeping B.Hill fuel(firewood) domestic 1015 closure and sources animals forestation
153 Negative Small impacts by Measures Project Impacts watershed hill closure Impacts recovery measures investment contents categories Name and fund(104Yuan) forestation forestation Measures C.livelihood solar energy 2 669 Measures kitchen range .project Measures A.Forestation barn 130 Measures 1 keeping B.Hill 1.on grazing domestic 530 Dongxia closure and 2.on animals 204.13 gully forestation fuel(firewood) Biaogas 61 Measures sources generating pit 2 C.livelihood solar energy 375 Measures kitchen range A.Forestation barn 100 sets Measures 1 keeping B.Hill domestic 300 heads closure and 1.on grazing animals cattle Dameidong forestation 2.on Biaogas 250 sets 333.815 gully Measures fuel(firewood) generating pit C.livelihood sources 2 Measures solar energy 1015sets .project kitchen range Measures A.Forestation barn 80 sets Measures 1 keeping 348 sheep B.Hill domestic and closure and 1.on grazing animals cattle forestation 2.on Biaogas Miao gully 400 sets 209.55 Measures fuel(firewood) generating pit C.livelihood sources 2 Measures solar energy 750 sets .project kitchen range Measures cowshed 99 sets A.Forestation sheep shed 103 sets 1.on grazing Measures and fodder pigpen 69 sets B.Hill 1 2.on keeping sheep 1987 sets closure and fuel(firewood) Huoshao forestation keeping cattle 270 set sources 517.67 gully Measures Ensilage cutter 13 sets 3.on roads, C.livelihood Bio gas causing 5 sets Measures generating pit difficulties to 2 .project solar energy go out 52 sets Measures kitchen range 3 road hardening 8KM Lushaer A.Forestation 1.on grazing 1 cowshed 87 sets 307.92 gully Measures sheep shed 11 sets B.Hill closure and pigpen 58 sets forestation keeping sheep 694 sets Measures
154 Negative Small impacts by Measures Project Impacts watershed hill closure Impacts recovery measures investment contents categories Name and fund(104Yuan) forestation Measures C.livelihood Measures keeping cattle 308 heads .project Measures A.Forestation cowshed 42 sets Measures sheep shed 141 sets B.Hill 1.on grazing closure and 1 pigpen 55 sets 2.on roads, Fengtai forestation keeping sheep 274 sets causing 355.61 gully Measures difficulties to keeping cattle 34 C.livelihood go out Measures .project 2 road hardening 12KM Measures A.Forestation cowshed 118 sets Measures pigpen 85 sets B.Hill closure and forestation Lasa gully 1.on grazing 1 keeping 143.26 Measures 232 heads domestic C.livelihood of sheep Measures animals .project Measures A.Forestation cowshed 119 sets Measures B.Hill closure and forestation Ala gully 1.on grazing 1 95.63 Measures sheep shed 20 sets C.livelihood Measures .project Measures cowshed 191sets A.Forestation Measures pigpen 168sets keeping B.Hill 191 heads domestic closure and of cattle Bohang forestation animals 1.on grazing 1 keeping 368.83 gully Measures 37 heads domestic C.livelihood of sheep Measures animals keeping .project 62 heads domestic Measures of calves animals Quan’erwan A.Forestation 1.on grazing 1 cowshed 106 sets 153.78 gully Measures pigpen 59 sets B.Hill closure and sheep shed 50 sets keeping forestation 12 heads domestic Measures of calves C.livelihood animals
155 Negative Small impacts by Measures Project Impacts watershed hill closure Impacts recovery measures investment contents categories Name and fund(104Yuan) forestation C.livelihood keeping 133 heads Measures domestic of sheep .project animals Measures keeping 10 heads domestic of calves animals Note: The data sources of three pilot gullies are their participatory small watershed management plans. As for the remaining gullies, the principles and strategic measures indicated in this table would guide the detailed design of project activities in combination with the participatory watershed rehabilitation planning.
F Institutional Arrangements
As the borrower and sponsor of this project, Xining municipal government and the government of districts (counties) under its jurisdiction would follow this process framework. At the same time, Xining municipal government via WB PMO would supervise on relevant information and report to World Bank.
Under the supervision and direction of Xining WB PMO, PMO of each counties and district would be responsible for the designing and implementation of small watershed managing within their own area. Besides, they should make sure: 1) small watershed management project will follow the principles and approaches made in this process framework; 2) local affected villages and communities approve of the relevant contents of the project after enough participation and consultation; 3) the cooperation with relevant affected villages and communities during project implementation; 4) the cost needed for project investigation and study mentioned in this framework should be included in the investment of small watershed management project.
In particular, Xining municipal government, Xining WB PMO and PMOs of each relevant district or county should guarantee that there will be no resettlement occurred during small watershed management project.
Table 3 Implementation body of restoring measures on small watershed project impacts
Institution Composition of institutions Duty name Deputy county magistrate in charge of the project as Team County leader, including staffs from 1. Decide big event involved with project in the county. Project county development and 2. Oganize and coordinate relevant staffs from due Leading renovation committee, finance department and townships in the county. Team bureau, water conservancy bureau, agricultural and
156 Institution Composition of institutions Duty name stockbreeding bureau, bureau of forestry, poverty alleviation office, auditing bureau and relevant towns or townships
1. Organize project implementation preparation, and check project design with relevant department; 2. In charge of signing project implementation agreements with project management team; 3.Make yearly implementation plan and purchasing plan of the county and apply to Xining PMO for approval; 4. Guide the working of coordinators; 5. Guide village project management team to implemented projects inviting bidding and purchasing; 6. Organize project engineering monitoring, check and render The same as county leading team accounts; County PMO office, in county water 7. In charge of technical support, staff training and conservancy bureau experience exchange during project implementation; 8. Guide and coordinate the working of project management team, summarize project schedule and reports, submit project implementation report to WB in time; 9. Supervise and urge each member unit of leading team to carry out their task; 10. Compile project completion report and financial final accounts; 11. Organize the implementation of public beneficial projects, such as: terrace, forestation, silt storage dam and check dam etc. Coordinate project management in different administrative Town project Townships involved will set 1 or villages in project area, assort the working of county PMO, Coordinator 2 coordinators provide services and help for community project management 1. Actively assort the working of county PMO and town project coordinators; 2. In charge of the implementation of project affecting people’s livelihood, such as barn building, livestock purchasing ect; 3. In charge of signing implementation agreements with affected households; 4. In charge of coordination in each aspects to resolve problems in project implementation; 5. In charge of the purchasing task of project organized by Establishing community project community management team in each 6. Supervise and urge famers to complete each task with high Community administrative village, which quality, enough quantity in time; management will comprises village committee 7. Organize farmers to participated in the project team staffs and representatives of construction, raise and management funds raised by farms; villagers 8. Organize farmers to participated in technological training and various capacity building activities; implement project monitoring and appraise 9. Inform villagers with project implementation in the first time, publicize project supervision phone number in due places, hear the opinions of women and vulnerable group; guarantee open, fair and transparent implementation of this project; 10. Project management team member should finish their own household task first and actively participated in the public beneficial project building.
G Funding Arrangements
157 The detailed income restoration plan and funding arrangement were included in the small watershed management plans of three pilot gullies, while the financing arrangement for the remaining 14 gullies will be integrated into each small watershed management plan on the basis of the consultation and participation prior to the implementation. Xining PMO will ensure the financing arrangement to be curried out, and be responsible for its supervision and auditing.
H Monitoring & Evaluation
During the implementation of small watershed management project, participatory supervision and inspection will be incorporated in the routine supervision work programs of the Xining WB PMO and the World Bank.
Baseline data are collected through Participatory Rural Assessment (PRA) during project preparation and will be updated through participatory community co-management activities. These data are used as the basis for determining the eligibility of villages and households for assistance under the process framework, as well as for designing measures to assist the affected persons in their efforts to improve or restore their livelihoods. Relevant specific monitoring indicators will be outlined in the small watershed management project designing. Possible indicators include: numbers of eligible communities, villages and households, the potential livelihood impacts to these communities, villages and households, funds provided to them and their livelihood exponent.
Evaluation will consist in assessing awareness about the process framework among local communities, villages and residents, and in evaluating the actual outcome of the process framework.
J Conflict Resolution Mechanism
As all the project actions will be implemented under the participation of the affected persons, major conflicts may not appear. However, the possibility of conflicts arising between communities or villages, between communities or villages and households during implementation of this process framework needs to be addressed. At grass-root level, the community co-management
158 group will help disseminate project perceptions and common understanding to clarify the criteria of eligibility for assistance under the process framework, explain the responsibilities and duties of all stakeholders under the process framework, and coordinate mutual relationships between the affected households and local communities (villages), as well as among communities (villages) themselves. Affected communities or villages can also seek advice from the county-level project leading groups on any issues of conflict and grievances arising from the project context. Moreover, the legal framework in place in the project counties is sufficient to deal with potential conflicts. If any conflict occurs, Xining WB PMO and PMOs of each relevant counties and districts will make facile and feasible rules to provide affected households, communities or villages with conflict-resolving scheme in relevant government.
159
Annex 6 Resettlement Policy Framework
Urban Area Rivers Upgrading & Flood Controlling Project of Three Counties in Xining
Resettlement Policy Framework
Xining WB Loan Project Management Office Setp, 2009
160 A. Project Introduction
1. The contents of Urban Area Rivers Upgrading & Flood Controlling
Project of Three Counties in Xining including: (I ) Riverway
management, 29.9 km in length, mainly including: flood preventing
bank, sewage pipes, greening and public facilities; (ii) Channel
management, including small watershed management of 20 gully.
2. Resettlement impacts of above mentioned contents have been
appraised and compiled in RAP. This policy framework will be applied
to land acquisition and house demolition in the future, including
following correlated projects of this project: Datong county wastewater
disposal plant, Huangyuan county wastewater disposal plant as well as
resettlements impacts caused by project design alternation. B. Principles and Objectives 3. In World Bank assisted projects, final borrowers or component sponsors are expected to take all necessary measures to mitigate adverse social impacts. The costs associated with mitigation of adverse social impacts on project affected people, such as resettlement of affected persons, restoration of livelihoods and the related costs, will be met by the component sponsors. The general guidelines of this RPF are to be followed by all components under Loan involving involuntary resettlement. Where adverse social impacts are identified, plans for resettlement and rehabilitation (R&R) should be prepared based on policies and procedures laid out in this framework.
4. Every effort will be made to avoid or minimize the need for land acquisition and resettlement of any components. If land acquisition, and demolition of houses and other assets are unavoidable, the component sponsors shall adopt RPF of this project.
5. The principle objective of the RPF is to ensure that all Project Affected People (PAP) will be compensated for their losses and provided with rehabilitation measures to assist them to improve, or at least maintain,
161 their pre-project living standards and income earning capacity.
6. Affected persons (APs) are those being adversely affected by the project implementation. APs will be identified by the collected baseline information, including:
(a) The population (resident or temporary) whose business place, employment place, and agricultural land is partly or totally affected; (b) The persons whose house is partly or totally affected by the subprojects; (c) The (resident or temporary) persons whose business are affected by the subprojects; (d) The persons whose crops (annual and perennial), trees and fixed assets are affected in part or in total. 7. The principles outlined in the World Bank’s OP/BP 4.12 have been adopted in preparing this RPF. The detailed principles and objectives are shown as following:
(a) Acquisition of land and other assets, and resettlement of people will be minimized as much as possible. Where land acquisition is unavoidable, the project will be designed to minimize adverse impact on APs, especially the vulnerable groups (b) All project affected persons (PAP) will obtain compensation, resettlement and restoration of production and livelihood, so as to improve their standard of living, income earning capacity and production capacity, or at least to restore them to pre-project levels; (c) All PAP residing in, or owing cultivating land, or having resources within the components area of the socio-economic survey are entitled to be compensated for their losses and/or income rehabilitation. For the loss of assets lacking legal right, APs will not be bared from entitlement to such compensation restoration and resettlement measures (d) Resettlement and restoration measures to be provided are: (1) compensation at full replacement cost for residential house and other buildings; (2) land acquisition compensation and resettlement subsidy for the affected villages and farmers; (3) transition subsidy and relocation allowance; (4) full compensation for crops, trees and other similar agricultural products at market price; (5) other assets and appropriate restoration measures to compensate for loss of livelihood; (e) Replaced Curtilage, business location, and agricultural land will be close to the lost land as much as possible, and should be acceptable to the PAP; (f) Land-for-land is the preferred option. Land-for-land may be substituted by cash exchanging, provided that: (1) land is not available around the subproject area; (2) PAP are willing to accept cash
162 compensation for land and the auxiliary assets on it; and full replacement value without any deductions for depreciation or other reasons; and (3) cash compensation is combined with appropriate rehabilitation measures, which together with project benefits, restore income to at least pre-subprojects levels; (g) The resettlement transition period will be minimized, if land-for-land and/or cash compensation provided to the PAP is completed prior to the expected start-up date of the respective components; (h) Resettlement plans will be implemented following consultations with the PAP, and endorsed by the PAP; (i) The previous level of community services and access to resources will be maintained or improved after resettlement; (j) Any acquisition of, or restriction on access to resources owned or manage by PAP as common property will be mitigated by arrangements ensuring access of those PAP to equivalent resources on a continuing basis; (k) Financial and physical resources for resettlement and rehabilitation will be made available if necessary; (l) Resettlement program will include adequate institutional arrangements to ensure effective and timely designing, planning and implementation of resettlement and rehabilitation measures; (m) Adequate arrangements for effective and timely internal and external monitoring will be made in the implementation process of resettlement measures; (n) To ensure the local residents in the affected areas benefit from the services or facilities created for, or by the components; (o) Appeal principles C .Estimation on Resettlement Impacts 8. According to project preparatory feasibility report, 72mu lands in Datong County and 15mu in Huangyuan County will be acquired. However there may be some changes in reality.
D.Legal Framework 9. In order to accomplish resettlement caused by this project and relevant projects, to guarantee the legal rights of affected persons and enterprises, and to ensure a smooth implementation, project policy is prepared according to the following land acquisition and demolition regulations of People’s Republic of China, Shanghai and World Bank OP4.12 Involuntary Resettlement Policy. The main legal framework comprises:
163
Policy and document Effective time Land Administration Law of the People’s Republic of China 2004.8.28 Regulations for the Implementation of the Land Administration Law of 2004.8.28 the People’s Republic of China
the Law on Real Estate Administration of the People’s Republic of China 1995.1.1
the Regulations on Administration of Urban House Dismantling and 2001.11.1 National Relocation
State Council’s Decision on Deepening, Reforming, and Strengthening 2004.10.21 Land Administration Guo Fa 2004 No.28
Notice to “Guiding Opinions on Appraisal of Urban House 2004.1.1 Dismantlement (Jian Zhu Fang [2003] No. 234)
Measures of Qinghai on implementing the Land Administration Law of 2006.10.1 the People's Republic of China
Collective land Acquisition Administration Provisional Measures of 2001.2.16 Xining City Provincal Collective land Acquisition Administration Provisional Measures of and 2000.2.16 Xining City municipal Urban House Demolition Administrative Regulation Stipulate of Xining 2002.12.1 city
Circular on Publicizing the Compensation Standard of House Demolition Ningzheng 2004 No.3 and Regular of Price Evaluation 0
E .The Possible Resettlement Impacts and the Related Compensation Standard 10. According to the regulation of the above legal framework, combined with the actual condition of Xining, compensation standard of various impacts was laid down. The time of affirming displaced person qualification is the announcement date of land acquisition and house demolition. After the date, the PAP is not permitted to build new houses, enlarge, and reconstruct their houses. Besides, use of the house and land could not be changed. Land leasing, and house leasing and dealings are not allowed. And the people influxes after the certain date are not entitled to compensation.
Compensation standard of rural collective land acquisition
According to Land Administration Law of the People’s Republic of China, The Implementation Regulations of Qinghai Province on the P.R.C
164 Land Administration Law Collective land Acquisition Administration Provisional Measures of Xining City and Compensation Standards on Collective land Acquisition Administration Provisional Measures of Xining City, the following standards are made, and details could be seen in the following.
165 Table 1 Compensation standards for permanent collective land acquisition
Compensation for young crops and Land compensation (Yuan/mu) Resettlement subsidy (Yuan/mu) ground attachments Average Average Average output output output value of value of value of Land categories Cultivated Cultivated Cultivated Total Remarks Fund Fund Fund land of Times land of Times land of Times (Yuan) (Yuan (Yuan three three three previous previous previous years years years (Yuan) (Yuan) (Yuan) Dry land 600 10 6000 600 20 12000 600 1 600 18600 Grain Cultivated 1300 10 13000 1300 20 26000 1300 1 1300 40300 land land Vegetable 2700 10 27000 2700 20 54000 2700 1 2700 83700 land Manpower fish pond, Ground attachment compensation raising field, orchard, 1300 6 7800 2700 7 18900 / / / 26700 according to real situation economic forest Ground attachment compensation House site land 600 4 2400 600 0 0 / / / 2400 according to real situation Ground attachment compensation Wood land 600 3 1800 600 3 1800 / / / 3600 according to real situation Land used by enterprises in town or 600 6 3600 600 0 0 / / / 3600 township Wild land 600 1 600 600 0 0 / / / 600
166
Compensation standard of state owned land acquisition
According to due legal regulations, there are 2 modes for state owed land usage: transfer for free and usage by payment. Among which, Land use for free will be transferred to PMO by land resources bureau. As for usage by payment, the land use right will be transferred to PMO by former land using unit, and PMO pay land transferring compensation to former land using unit.
Compensation standard of temporary land acquisition
The compensation standard for temporary rural collective land acquisition is in accordance with the use and the affected period. Compensation is mainly for young crop compensation and land restoration fee. One planting season affected, young crop compensation of the season would be given. Compensation of temporary rural collective land acquisition, see Table 2.
There is not land compensation in temporary state-owned land acquisition. Demolished ground attachments are compensated on the basis of resettlement cost or restored on the basis of its original standard and scale by project sponsors. The fee is put into project construction fund.
167 Compensation standard of Rural and Urban House Demolition
As for compensation of residential houses on collective land, house site land and houses themselves will be compensated separately. That is, house site land will be compensated as collective land acquisition (See details of house sites compensation in Table 5-1). See details of construction compensation standards in the following table. Table 2 Compensation standards of rural residential houses
Compensation Structure type House categories Unit Remarks standards Yuan/unit House compensation Steel-concrete / 928 structure 1st level 597 Composite 2nd level 569 structure 3rd level 543 th No including house 4 level 516 site land 1st level 563 Brick-wood compensation 2nd level structure 535 3rd level 515 1st level 527 2nd level 499 Other structure 3rd level 474 4th level 454 Other compensation For temporary Moving subsidy Household 400 transition, otherwise 200 yuan/ household ·Month Calculated as 6 Temporary resettlement subsidy 4 month As for compensation of urban residential houses, two modes can be chosen by APs: cash compensation and property exchange.
If cash compensation adopted, compensation fund sum can be confirmed by demolishers and demlishees. If agreements cannot be reached, qualified appraisal real estate institutions should be entrusted to appraise demolishees’ houses. Appraisal fund will be paid by demolishers.
The identification of house acreage and usage in cash compensation and property exchange will be according to house property certificates issued by house management department.
House compensation sum will be decided by the appraisal price, consideration the demolished houses’ section, usage, building acreage, storeys, facing, decoration, and supportive facilities…
If property exchange adopted, both price of demolished house and
168 house to be exchanged should be calculated. After demolisher deliver the house property right certificate to the APs, price difference of property exchange should be settled.
Compensation standard of Nonresidential House Demolition
Appraisal price of demolished institution’s houses should be decided by their sections and usage. Due to relevant regulations in No.37 order, PMO will choose qualified real estate institutions to appraise the demolished houses. Compensation standards should including building replacement price and section price. See the lowest compensation standards in the follow table. If appraisal price is lower than the lowest standards, compensation will be implemented according to the lowest standards
Table 3 Compensation standards of nonresidential house demolition
Compensation Structure type Unit Remarks standards Yuan/unit House compensation Industrial occupancy Steel-concrete / 1186 structure 1st level 860 Composite 2nd level 832 structure 3rd level 806 th Including section price, which 4 level 780 was calculated as mid-value of 1st level 826 Brick-wood 3 levels, compensation 2nd level 798 structure standard is 270 yuan/ 3rd level 778 1st level 790 2nd level 762 Other structure 3rd level 738 4th level 718 Office occupancy Steel-concrete / 1261 structure 1st level 935 Composite 2nd level 907 structure 3rd level 881 th Including section price, which 4 level 855 was calculated as mid-value of 1st level 901 Brick-wood 3 levels, compensation 2nd level 873 structure standard is 345 yuan/ 3rd level 853 1st level 865 2nd level 837 Other structure 3rd level 813 4th level 793 Other compensation 5 tons or 120 Moving subsidy vehicles Compensation for economic According the employee number on contracts, person·month 220 losses caused by close of business compensation will be paid no and suspending production more than 6 months
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Compensation standard of Affected Infrastructure and Ground attachments
Affected infrastructure and ground attachments in this project will be compensated at the principle of replacement price. F. Rehabilitation Measures 11. The entitlement policy aims to enable PAP to replace their lost assets on account of the project, to recover and to improve upon their pre-component living standards within the shortest time. In general, the resettlement & rehabilitation (R&R) package would consist of (a) provision for replacement assets or its cash equivalent, where replacement is not feasible; (b) rehabilitation grants to compensate for temporary disruption in life and economic activities; (c) either employment or training, capital and enterprise or government support for income restoration in case of loss of livelihoods, and (d) provision for replacement of community facilities and services for affected communities.
12. RAP losing house and auxiliary structures will be entitled to the following compensation and rehabilitation measures:
(a) PAP whose houses are demolished in the project, will obtain replacement housing close to the former house; (b) PAP will be provided with compensation at full replacement value for any structures and fixed assets affected by the project, without any deduction for depreciation; (c) A pre-determined moving allowance will be provided, according to the prevailing rates of the project area. 13. AP losing agricultural land will enjoy the following types of compensation and rehabilitation measures:
(a) For the majority of schemes, the land will be reallocated within the village by the village committees. According to the Land Administration Law, if land reallocation is not possible, the PAP will be provided with a maximum of compensation and resettlement subsidy; (b) If land compensation and resettlement subsidies paid are still insufficient to help the PAP to maintain their original living standards, the resettlement subsidies may be increased upon approval of the People’s Government. However, the total land compensation and resettlement subsidies shall not exceed 30 times the average annual production value of the previous three years preceding such acquisition;
170 (c) The money will be paid to the village committee whose land is affected and will be used for (1) increasing cultivated land if land is available; (2) developing agriculture through provision with irrigation, improved tillage method, etc.; and (3) development of non-agriculture profitable activities. The PAP will be compensated for the loss of young crops, fruit or industrial trees, as well as any fixed assets at market prices; (d) People affected by temporary land occupation will obtain compensation on their loss of income, young crops, soil restoration and damaged infrastructures.
14. If the house and/or the building structures are only partly affected by the components, the component sponsors may, if it is acceptable to the PAP, pay compensation for the entire structures with full compensation or provide cash compensation for the affected part with the consultation between the PAP and the sponsors.
15. PAP whose business is affected will enjoy the following compensation and rehabilitation measures:
(a) The compensation mechanism for business loss will be: (1) the provision of alternative business location of equal size, which is accessible to customers and satisfactory to the PAP; (2) cash compensation to the owner for lost business structure at full replacement cost of the structures, without depreciation and transferring cost; and (3) cash compensation for the loss of income during the transition period. (b) PAP will also be provided compensation at full replacement cost, without depreciation for any other fixed assets affected in part or in total by the subprojects G. Organizational Procedures 16. Although the component sponsors take charge of the enforcement of the RPF, the supervision responsibility shall rest with Xining WB PMO in coordination with the respective local government, to ensure that the provisions of the RTF are satisfied.
H. Implementation Process 17. A detailed implementation schedule of the various activities to be undertaken will be included in the resettlement plan. Payment of compensation and furnishing of other rehabilitation entitlements (in cash or in-kind), and
171 relocation are involved, will be completed at least one month prior to the scheduled start-up date of works in the respective component.
I. Grievance Redress Mechanism 18. Since the resettlement work will be carried out with the full participation of the PAP, it is expected that no major grievance issue will arise. However, to ensure that the PAP have avenues for redressing their grievance related to any aspect of land acquisition and resettlement, detailed procedures of grievances redressing have been established in this RPF. The objective is to respond to the complaints of the PAP speedily and in a transparent manner, without resorting to complicated formal channels to the extent as much as possible.
19. The procedures are as following:
(a) Stage 1: any person aggrieved by any aspect of the resettlement document can lodge an oral or written grievance to the village Committee, township/ town government or Residents Committee, or District Government; (b) Stage 2: if the aggrieved person is not satisfied with the decision of the grass-roots authorities at Stage 1, she/he can present the case to the land administration bureau through the highest authorities of the respective component area (c) Stage 3: if the PAP is still dissatisfied with the decision of the higher authorities, the case may be submitted for consideration by the People’s Court in Accordance with the “Civil Procedure Act”.
J. Funding Arrangement
20. Compensation on land acquisition and resettlement are sourced from the domestic matching fund. All the funds shall be paid to the PAP before land acquisition and house demolition.
K. Participation and Consultation
21. The project owner would be required to carry out the participation and consultation of the people in the project areas. A broad acceptance of proposed measures by the PAP – including relocation areas and replacement lands, compensation policies and rates, proposed income
172 restoration measures for RAP – will be a necessary condition for approval of the resettlement plans.
22. APs will participate throughout the various stages of the planning and implementation of the resettlement plans. For these purposes and prior to the preparation of the resettlement plans, the APs will be informed of the provisions of this RPF at public meetings. Each affected household or shop will be fully informed by the relevant local governments of their entitlements and rehabilitation choices under the respective resettlement plan.
L. Monitoring and Evaluation
23. The internal monitoring of resettlement impacts will be carried out by the component sponsors as an integral part of the implementation of the plans, and will cover the component and post-component periods. It will assess achievements against key implementation targets and objectives and, accordingly, make corrections in the plans where necessary. Periodical monitoring reports will be submitted to Xining WB Loan Project Management Office. In addition, the external monitoring, arranged under the Resettlement Plan prepared before the project appraisal, will cover all resettlement components under the project.
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