Resettlement Plan (Draft)
July 2016
PRC: Ningxia Liupanshan Poverty Reduction Rural Road Development Project
Prepared by the Transportation Department of Ningxia Hui Nationality Autonomous Region for the Asian Development Bank.
CURRENCY EQUIVALENTS CNY1.00 = US$0.16243 US$1.00 = CNY6.1565
ABBREVIATIONS AAOV – Average Annual Output Value ADB – Asian Development Bank AHs – Affected Households APs – Affected Persons AV – Administrative Village CRO – County Resettlement Office DI – Design Institute DMS – Detailed Measurement Survey FS – Feasibility Study HD – House Demolition LA – Land Acquisition LAB – Land and Resources Bureau LAR – Land Acquisition and Resettlement LEF – Land-Expropriated Farmer L&RO – Land & Resources Office MOU – Memorandum of Understanding M&E – Monitoring and Evaluation NDRC – National Development and Reform Commission NHAR TD – Ningxia Hui Autonomous Region Transport Department PADO – Poverty Alleviation and Development office PPTA – Project Preparatory Technical Assistance PRA – Participatory Rural Appraisal PRO – Project Resettlement Office RIB – Resettlement Information Booklet RP – Resettlement Plan SES – Socioeconomic Survey SPS – Safeguard Policy Statement of ADB TCG – Tongxin County Government TCPMO – Tongxin County Project Management Office TRO – Town/township Resettlement Office
WEIGHTS AND MEASURES km – kilometer m² – square meter
NOTE In this report, "$" refers to US dollars.
This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.
In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
NINGXIA LIUPANSHAN POVERTY REDUCTION RURAL ROAD DEVELOPMENT PROJECT FINANCED BY THE ADB
Resettlement Plan for
Wangtuan-Yuwang Road Project of Tongxin County of Wuzhong City in Ningxia Hui Autonomous Region
(Draft based on preliminary design)
July 2016
Prepared by Transportation Department of Ningxia Hui Nationality Autonomous Region
宁夏回族白治区交通运输厅
Endorsement Letter
22Ju1y2016
Mr. Masahiro Nishimura Transport Specialist Asian Development Bank 6 ADB Avenue Mandaluyong City Metro Manila 1550 Philippines
Subject: P48023-PRG Ningxia Liupanshan Poverty Reduction Rural Road . Development project
Dear Mr. Masahiro Nishimura
In accordance with le]9ya$ laws and legislations of the pRG government Policy statement (sPS) 2oog, Resetflement plans (Rps) and a consoli D;yglonment Plan (EMDP rring att irrqelt components. (GAP) covering all project These reports are prepa pregared for the proposed projbct roads by institutes as well as site reconnaissance by consultant team. This is to formally advise you that there is no objection to the Rps, EMDp and GAp documents being posted on the ADB website according to ADB disclosure procedures. We further confirm that we will implement all required actions as set out in the RP, EMDP and GAp during project implementation and accept ADB's supervision and inspection of the action plan implemihtaiion and disclosure of monitoring reports dudng implementation.
Yours sincerely,
Deputy Director, Planning Division Ningxia Department of Transport
GLOSSARY
Affected person (or – Those who are physically displaced (relocation, loss of household) residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas Compensation – Money or compensation of other kinds to which the people affected are entitled in order to replace the lost asset, resource or income Entitlement – Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base Income restoration – Reestablishing income sources and livelihoods of people affected Resettlement – Rebuilding housing, assets, including productive land, and public infrastructure in another location Resettlement Impact – Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms Resettlement Plan – A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation Significantly affected – Persons who lose 10% or more of their farmland or income, or household persons who are affected by entire house demolition and need to be relocated Vulnerable Group – Distinct groups of people who might suffer disproportionately from resettlement effects, as specified in this plan
CONTENTS
EXECUTIVE SUMMARY ...... I 1 PROJECT OVERVIEW ...... 1
1.1 PROJECT BACKGROUND ...... 1 1.2 OVERVIEW OF PROJECT PREPARATION ...... 4 1.3 SUBPROJECTS IN TONGXIN COUNTY ...... 4 1.4 MEASURES EMPLOYED TO AVOID OR FURTHER REDUCE LAND ACQUISITION AND DEMOLITION ...... 5 2 PROJECT IMPACT ...... 7
2.1 SURVEY METHOD AND PROCESS ...... 7 13. AS FOR THE LAND ACQUISITION AND DEMOLITION IMPACT OF THE PROJECT AT THIS STAGE, THE SURVEY SCOPE IS DETERMINED BY THE FSR AND PRELIMINARY DESIGN. THE RESULTS OF THE DETAILED DESIGN AND DETAILED MEASUREMENT SURVEY SHALL BE UPDATED IN THE FINAL RP, AND THE MODIFIED RP SHALL BE SUBMITTED TO ADB FOR APPROVAL PRIOR TO CONTRACT AWARDS...... 7 2.1.1 PROJECT SURVEY AT THE EARLY STAGE ...... 7 2.1.2 Data source and survey method ...... 7 2.2 PROJECT IMPACT SCOPE AND OVERVIEW ...... 8 2.3 IMPACT OF PERMANENT COLLECTIVE LAND ACQUISITION ...... 9 2.4 TEMPORARY LAND OCCUPATION ...... 11 2.5 ANALYSIS OF IMPACT OF RESIDENTIAL HOUSE DEMOLITION ...... 11 2.6 IMPACT OF DEMOLISHED BUILDINGS OF ENTERPRISES AND PUBLIC INSTITUTIONS ...... 12 2.7 AFFECTED INFRASTRUCTURE AND GROUND ANCILLARY FACILITIES ...... 13 2.8 AFFECTED POPULATION ...... 13 2.8.1 Overview ...... 13 2.8.2 Affected vulnerable groups ...... 14 2.8.3 Project impact on women ...... 15 2.8.4 Affected minority population ...... 15 3 SOCIAL AND ECONOMIC PROFILE ...... 16
3.1 SOCIOECONOMIC PROFILE OF PROJECT AREA ...... 16 3.1.1 Socioeconomic profile of Wuzhong City ...... 16 3.2.2 Socioeconomic profile of Tongxin County ...... 16 3.1.3 Socioeconomic profile of affected towns ...... 17 3.1.4 Introduction to Socioeconomic status of affected villages ...... 18 3.2 SOCIOECONOMIC PROFILE OF AFFECTED VILLAGES ...... 18 3.2.1 Sample survey ...... 18 3.2.2 Nationality and gender ...... 19 3.2.3 Age structure ...... 19 3.2.4 Education background ...... 19 3.2.5 Housing size ...... 20 3.2.6 Farmland resource ...... 20 3.2.7 Household income and expenditure...... 20 3.2.8 Public opinion survey ...... 21 3.3 AFFECTED ENTERPRISES AND PUBLIC INSTITUTIONS AND SENSIBILITY IMPACT ...... 22 3.4 WOMEN’S DEVELOPMENT IN PROJECT AREA ...... 22 3.4.1 Rural women profile in project areas...... 22 3.4.2 Women’s roles in household livelihoods ...... 23 3.4.3 Decision-making at Household livelihoods and community pattern ...... 23 3.4.4 Women’s transport needs ...... 24 3.4.5 Project Impacts on Women ...... 24 3.4.6 Measures in RP in facilitating women’s development ...... 25 4.1 ADB'S POLICY ...... 26
4.2 THE PRC’S LAWS AND REGULATIONS ON LAND ACQUISITION AND RELOCATION ...... 26 4.3 RELEVANT POLICIES OF NINGXIA HUI AUTONOMOUS REGION AND TONGXIN COUNTY ...... 28 4.4 ADB’S POLICY REQUIREMENTS ON INVOLUNTARY RESETTLEMENT ...... 29 4.5 DIFFERENCES OF ADB’S AND LOCAL POLICIES ...... 30 4.5.1 Compensation and resettlement for house ...... 30 4.5.2 compensation and resettlement for land ...... 30 4.5.3 Compensation and resettlement for vulnerable groups ...... 31 4.5.5 Consultation and disclosure ...... 31 4.5.5 Resettlement monitoring, evaluation and reporting ...... 31 5.1 RESETTLEMENT PRINCIPLES ...... 32 5.2 CUT-OFF DATE OF COMPENSATION ...... 32 5.3 COMPENSATION RATE FOR PERMANENT LAND ACQUISITION ...... 32 5.4 TEMPORARY LAND OCCUPATION ...... 33 5.5 COMPENSATION RATE FOR HOUSE DEMOLITION ...... 33 5.6 COMPENSATION FOR GROUND ATTACHMENT AND INFRASTRUCTURE ...... 36 5.7 COMPENSATION FOR YOUNG CROPS ...... 36 114. ACCORDING TO THE COMPENSATION POLICY FOR THE SAME CROP BY THE AVERAGE ANNUAL OUTPUT VALUE IN THE FIRST THREE YEARS FOR THE COMMON CROPS (INCLUSIVE OF MANUAL SEEDING), THE COMPENSATION STANDARD FOR YOUNG CROPS IS CNY 600 /MU...... 36 5.8 STANDARD OF OTHER COSTS ...... 37 115. THE STANDARD OF OTHER EXPENSES IS GIVEN IN TABLE 5-6...... 37 5.9 ENTITLEMENT MATRIX...... 37 116. THE ENTITLEMENT MATRIX HAS BEEN ESTABLISHED IN ACCORDANCE WITH THE APPLICABLE POLICIES IN THIS CHAPTER. SEE TABLE 5-7 FOR DETAILS...... 37 6 INCOME RESTORATION AND HOUSING RESETTLEMENT MEASURES ...... 41
6.1 IMPACT OF LAND ACQUISITION AND INCOME RESTORATION MEASURES ...... 41 6.1.1 Impact of and acquisition ...... 41 6.1.2 Income restoration plan and assistance measures ...... 43 6.2 DEMOLITION AND HOUSING PLAN ...... 46 6.2.1 House Demolition Impacts and Relocation options ...... 46 6.2.2 Other subsidy policy ...... 50 6.3 MEASURES FOR VULNERABLE GROUPS ...... 50 6.4 WOMEN’S DEVELOPMENT MEASURES ...... 51 6.5 RECOVERY PLAN OF GROUND ATTACHMENTS AND SPECIAL FACILITIES ...... 51 7.1 INSTITUTIONAL ARRANGEMENTS ...... 51 7.2 ORGANIZATIONAL RESPONSIBILITY ...... 53 7.3 STAFFING AND EQUIPMENT ...... 55 7.3.1 Staffing ...... 55 7.3.2 Equipment ...... 55 8.1 RESETTLEMENT BUDGET ...... 57 8.2 RESETTLEMENT INVESTMENT PLAN AND SOURCE OF FUND ...... 59 8.3 MANAGEMENT AND DISBURSEMENT OF RESETTLEMENT FUNDS ...... 59 8.4 APPROVAL OF BUDGET INCREASE ...... 60 9 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS ...... 60
9.1 PUBLIC PARTICIPATION ...... 60 9.1.1 Stakeholder identification and information disclosure ...... 60 9.1.2 Participation during project preparation ...... 61 9.1.3 Participation plan during implementation ...... 64 9.1.4 Adaptation of RP based on public opinions ...... 65 9.2 GRIEVANCES AND REDRESS ...... 66 9.2.1 GRIEVANCES ...... 66 9.2.2 Grievance Procedures ...... 66
9.2.3 Grievance Redress Principle ...... 68 9.2.4 Contents and Form of Reply to Complaints ...... 68 9.2.5 Report of Grievance ...... 68 10.1 PRINCIPLE FOR IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT ...... 69 10.2 RP IMPLEMENTATION SCHEDULE ...... 69 11.1 INTERNAL MONITORING ...... 72 11.2 EXTERNAL MONITORING ...... 72 11.3 SCOPE AND METHODOLOGY OF EXTERNAL MONITORING ...... 72 11.4 POST EVALUATION RESETTLEMENT COMPLETION REPORT ...... 74 ANNEXES ...... 75
ANNEX A RESETTLEMENT INFORMATION BOOKLET ...... 75 ANNEX B KEY EXCERPTS OF LOCAL REGULATIONS ...... 95 ANNEX C TERMS OF REFERENCE FOR EXTERNAL MONITORING AND EVALUATION AGENCY ...... 103
List of Tables Table 1-1Basic Information of Wangtuan-Yuwang Road Project ...... 5 Table 2-1 Towns and Administrative Villages Affected by Land Acquisition and Demolition ...... 8 Table 2-2 Permanent Acquisition of Collective Land (by affected village) ...... 9 Table 2-3 Farmland Loss Affected by Project Land Acquisition (by affected HH) ...... 9 Table 2-4 Farmland Loss of the Households Affected by LA ...... 10 Table 2-5 List of Impact of Demolished Rural Residential House ...... 11 Table 2-6 HD Information ...... 12 Table 2-7 Affected Ground Ancillary Facilities ...... 13 Table 2-8 Affected Population ...... 14 Table 2-9 Basic Information of Vulnerable Groups of Tongxin County Road Project...... 14 Table 3-1 Socioeconomic Profile of Wuzhong City ...... 16 Table 3-2 Social and Economic Status of Tongxin County ...... 17 Table 3-3 Social and Economic Status of Affected Towns ...... 17 Table 3-4 Socioeconomic Indicators of the Affected Villages ...... 18 Table 3-5 Sampling Proportion ...... 18 Table 3-6 Analytical Table of Income and Expenditure of Surveyed Households ...... 21 Table 3-7 Public Opinion Survey ...... 22 Table 5-1 Resettlement Principles of the Component ...... 32 Table 5-2 Compensation Standard for the Project Land Unit: CNY /mu ...... 33 Table 5-3 Compensation Standard for Demolition of Residential House and Ancillary Facilities ...... 34 Table 5-4 Cost of House by Type (per 100m²) ...... 35 Table 5-5 Compensation Standard for Ground Attachments and Infrastructure ...... 36 Table 5-6 Tax and Fee Standard of Resettlement ...... 37 Table 5-7 CompensationEntitlement and Resettlement Policy Matrix ...... 38 Table 6-1 Permanent Farmland Acquisition Impact ...... 42 Table 6-3 Summary Sheet of Income Restoration Willingness of the Acquired Households ...... 43 Table 6-4 Project employment information ...... 44 Table 6-5 Training Plan for Project Implementation ...... 45 Table 6-6 Demolition Scheme of Residential Houses ...... 48 Table 8-1 Resettlement Budget ...... 57 Table 8-2 Resettlement Investment Plan ...... 59 Table 9-1 Public Participation during Project PreparationͧFinishedͨ ...... 62 Table 10-1 Schedule of Land Acquisition and Resettlement Activities ...... 69 Table 11-1 Schedule of Monitoring and Evaluation ...... 73
List of Figures Figure 1-1Sketch Map of Project Distribution ...... 3 Figure 1-2 Sketch Map of Project Location (Wangtuan-Yuwang Road Project) ...... 5 Figure 3-1 Age Distribution Structure ...... 19 Figure 3-2 Distribution Structure of Education ...... 20 Figure 7-1 Project Relocation Organizations ...... 52 Figure 8-1 Resettlement Funds Flow of Distribution ...... 60 Figure 9-1 Public survey site ...... 62
EXECUTIVE SUMMARY
E1. DESCRIPTION OF THE PROJECT
1. Wangtuan-Yuwang road construction is involved in Tongxin County subproject (the subproject) of Ningxia Liupanshan Poverty Reduction Rural Road Development Project.
2. The project starts from K236+199 (Xiangshui Bridge) of road G344 (the former Line S101) at Wangtuan Town which is in the north of Tongxin County and 15km away from the county, and ends at K61+510 which joins Line S202 (the former K337+800 of road S203) with subgrade/pavement width of 10.0m/8.5m in the section K0+000～K4+185 and 8.5m/7m in the section K4+185～K61+510. The total length is 61.51 km and the total investment is estimated to be CNY 387,521,607.
E2. LAND ACQUISITION AND RESETTLEMENT SCOPE
3. The land acquisition and resettlement (LAR) will affect nine administrative villages of two towns.
4. A total of 1,942.77 mu of land will be acquired, including 403.3 mu of farmland (20.76%), 14.11 mu of residential land (0.73%), 11.35 mu of forest land (0.58%) and 1514.01 mu of unused land (77.93%).
5. The subproject will involve 3,888 m2 of house demolition, among which, brick-timber structure are 3,685 m2, accounting for 94.78% of the total area of demolition; and earth-wood structure are 203 m2, accounting for 5.22%. HD involves 25 households with 108 persons. All impacts are partial.
6. 149 households with 616 persons will be affected by LA, of which both LA and HD will affect 25 households with 108 persons. No enterprises or shops are involved in the acquisition and demolition. In addition, scattered trees, poles, fence, wires, enclosures, water wells and other ground ancillary facilities will be affected.
7. No households will lose more than 10% of farmland and income. All 25 households with 108 persons will be affected by partial HD. Hence, the subproject has no significant impact on households affected by LAR.
8. In the project implementation area, the majority of affected people are of Hui nationality. Since the subproject is mainly the reconstruction of old road, hence, the lifestyles and customs of the local Hui people will not be affected by the negative effect of project implementation; on the contrary, since project implementation improves the local traffic condition, Hui people all positively support the rapid implementation of the subproject.
E3. RESETTLEMENT PRINCIPLES AND ENTITLEMENTS
9. The Resettlement Plan (RP) is prepared in accordance with the related land acquisition and house demolition policies of Tongxin County, Wuzhong City, Ningxia Hui Autonomous Region, PRC, as well as Safeguards Requirement 2 on Involuntary Resettlement in ADB’s Safeguards Policy Statement (SPS 2009). The objective of the RP is to ensure the affected production and infrastructure is recovered, affected labor forces are reemployed, demolished
i housing is rebuilt, and the incomes and lives of affected persons (APs) are improved or at least restored to the pre-project (physical and/or economic) levels.
E4. COMPENSATION STANDARDS
10. The resettlement policy of this RP is in accordance with ADB SPS 2009, national laws, regulations, and rules, as well as the resettlement policies of Tongxin County, Wuzhong City, Ningxia Hui Autonomous Region, and based on the full and extensive consultations with the APs and confirmation of the project implementing agency. It can be implemented after the approval of local governments.
11. The compensation standard for mountainous dryland and residential land acquisition is CNY 6,400 /mu in Wangtuan Town and Yuwang Townin in Tongxin County. And the compensation standard for forest land is CNY4,480 /mu, accounting for 70% of that for farmland in the area. The compensation standard for unused land is CNY 1,280 /mu, accounting for 20% of that for farmland in the area.
12. Based on the policy that the compensation for common crops should be compensated in accordance with their average annual output value in the last three years, the compensation fee for young crops is determined to be CNY 600 /mu.
13. According to the ADB policies and national provisions, the replacement cost is adopted for rural residents’ housing and the compensation standard for house demolition. The compensation price will not be lower than the base price stipulated in this plan, and will increase appropriately based on the housing market in similar regions in 2016. The specific standards are: CNY 1000 per m2 for concrete and brick structures, CNY 600 per m² for brick and wood structures, CNY 310 per m² for earth-wood structures, and CNY 100 per m² for simple house structures. The affected households (AHs) will receive a moving allowance of CNY 1,000 per household, and transition subsidies of CNY 300 per household per month with the period not over 6 months in total. The compensation standards for other affected assets including trees, surface attachments, and water and power facilities are set according to replacement cost.
14. Compensation for land acquisition, residential housing, and other attachments will be paid directly to the affected villages or APs respectively.
E5. RESETTLEMENT AND LIVELIHOOD REHABILITATION
15. The land acquisition impacts on household’s net income are limited and will have minimal impact on the livelihood standards of the affected households. To minimize the resettlement impacts to APs and restore their living standards, a rehabilitation plan has been developed and included in this RP. The comprehensive compensation package that will be used by the affected households, which includes expanding cash crop plantation, improving existing low yield cash crops and land rental to expand agricultural plantation, can offset the losses incurred due to the land acquisition impacts. Additionally, arranged jobs, waged non-farming jobs, off-farming business, and special measures for vulnerable groups have been put in place.
16. For households affected by HD (all are partial impacts), two options are available for them to choose according to their own desire in order to restore their living condition. In both cases, cash compensation for Residential land, house structures and attachments based on replacement costs as well as transfer allowances will be provided. The major options include:
ii (i) Cash compensation and self-relocation by displaced household. The compensation standard will be determined in accordance with replacement cost proposed in the resettlement plan. (ii) Allocated resettlement and subsidy policy: The villagers committees select and allocate appropriate Residential land to the affected households, and the allocated area shall be not less than the former area. And the villagers committees have promised that they will arrange Residential lands within their village to relocate the APs and the resettlement place will be determined before the project is constructed.
E6. PUBLIC PARTICIPATION AND GRIEVANCE
17. From April to July 2016, over eight socio-economic surveys and public opinion consultation activities were carried out with the APs (including 40% women) by the project design agency and Survey Group of Shaanxi Academy of Social Sciences. The PMO, implementing agency, affected villages, towns/townships, and APs have consulted with each other on land acquisition and resettlement of the project. The issues raised included compensation scheme, resettlement plan, fees payment, economic recovery, resettlement site and procedures; their concerns and comments have been integrated into the RP. Further consultations will be held during the implementation of the RP. A grievance redress procedure has been established for the APs to manage LAR and other project related issues. Both oral and written grievances received and their redress actions will be recorded and will be made available to the external monitor and ADB missions on request. The affected masses can also lodge a complaint to the external monitor.
E7. INSTITUTIONAL ARRANGEMENT
18. Transportation Department of Ningxia Hui Nationality Autonomous Region is the executing agency (EA), who will be responsible for organizing and applying for ADB loan, coordinating the implementation of the RP, supervising and checking the payment and use of land acquisition, demolition, and resettlement fees, formulating land acquisition and demolition progress reports, and providing training for personnel of the project implementing agency.
19. Tongxin County Transport Bureau (CTB) on behalf of Tongxin County Government is the implementing agency (IA) of the Tongxin County subproject. Tongxin PMO as a working body set up in the CTB in is mainly responsible for organizing the resettlement work of the subproject, and making decisions and consultation on major issues arising from construction and resettlement.
20. Tongxin County Resettlement Office (CRO) under Tongxin PMO is responsible for the detailed work of preparation and implementation of the RP. Each involved town government and the affected village and community committees are responsible for working with Tongxin Project Resettlement Office in the implementation of this RP. 1-2 leaders in each town government and each village committee respectively will be nominated to lead the RP preparation and implementation.
E8. RESETTLEMENT IMPLEMENTATION SCHEDULE
21. The resettlement implementation schedule has been prepared based on the preparation and constructionprogress of Tongxin County road engineering. However, the final schedule needs to be updated based on the final design and detailed measurement before civil works
iii contract is signed. The construction of subproject is expected to start in July 2017. It is therefore scheduled that land acquisition and housing demolition will commence instarted in April 2017, and completed in April 2018. However, rehabilitation may take longer to complete. Ningxia PMO has agreed to a set of supervision milestones with ADB to ensure timely and effective implementation of the resettlement work.
E9. RESETTLEMENT COST
22. The resettlement costs are budgeted in the project. According to the price in 2016, the resettlement costs total CNY 15,702,900, including basic fee of CNY 8,713,900. In terms of impact category, the fee for permanently acquired collective land is CNY 4,902,100; housing demolition cost is CNY 2,343,900; compensation fee for ground attachments and special facilities is CNY 477,300; compensation fee for temporary land occupation is CNY 990,600. Other fees include the CNY 180,000 of aid for vulnerable groups, CNY 150,000 for resettlement plan formulation and monitoring fee, CNY 5,131,400 for land acquisition fee, CNY 100,000 for resettlement training fee, and CNY 1,427,600 for contingency.
E10. MONITORING AND EVALUATION
23. To ensure the land acquisition and resettlement work is implemented smoothly as planned, two supervision modes are adopted by two institutions. Firstly, internal supervision system composed of governmental departments (Ningxia PMO and county PMO) conducts supervision based on RP clauses from the perspective of administrative management. Secondly, Ningxia PMO will engage an independent external resettlement monitoring institute or firm to undertake external monitoring of the RP implementation. A baseline study will be conducted before the LAR begins and the first monitoring report will be submitted shortly thereafter. After that and until LAR completion, semi-annual monitoring reports will be prepared and submitted for ADB’s review. After completion of the LAR, annual evaluation reports will be submitted to ADB for 2 years or longer if there are any remaining issues.
iv 1 Project Overview
1.1 Project Background
1. The Ningxia Hui Autonomous Region is one of the most underdeveloped provinces/regions in PRC. In 2015, its per capita GDP, per capita income of urban residents, and per capita income of rural residents respectively accounted for about 88.98％, 80.74％, and 76.4％ of the national average values, ranking 30th, 24th, and 24th among 31 administrative provinces and regions. There are 22 counties (districts) in Ningxia, and eight of them have been listed as nationally designated poor counties, accounting for 36.4% of the number of all counties and districts.
2. The poverty-stricken areas in Ningxia are mainly distributed in the mountain areas of southern Ningxia, including Guyuan City (Xiji County, Pengyang County, Longde County, Jingyuan County, and Yuanzhou District), as well as Tongxin County in Zhongwei City and Wuzhong City (Tongxin County and Yanchi County), which are collectively known as “Xihaigu” region (national-level poverty county), one of the “Three-Xi” (Hexi and Dingxi City of Gansu Province and Xihaigu Area of Ningxia Hui Autonomous Region) poverty-stricken regions in PRC.
3. Liupanshan region involved in the project is located in the mountain area of southern Ningxia, including Xiji County, Pengyang County, Jingyuan County, Yuanzhou District, Hai County, and Tongxin County, which are key poverty relief and development regions in PRC, as well as the destitute areas among poor rural areas nationwide and national-level poverty- stricken counties. Due to the poor natural conditions and economic foundation, and limited investment, and other constraints, the highway traffic in the region is featured by poor layout, low technical standard, insufficient construction funds, etc., and cannot satisfy the demands of economic and social development. Currently, undeveloped traffic and other infrastructure have become the bottleneck and disadvantage for the development of Liupanshan destitute area, and the poor transport infrastructures have become the most serious problem reported frequently by the masses in Liupanshan.
4. In order to accelerate the development of Liupanshan, enhance poverty alleviation, guarantee and improve people’s livelihood, facilitate people to overcome poverty and achieve prosperity, ensure all people can share the reform and development achievements, boost PRC Western Development, promote the coordinated development of regions, and achieve the overall strategic objective of national regional development, Transportation Department of Ningxia Hui Nationality Autonomous Region grasps the opportunity of historical development, starts from eliminating the phenomenon that undeveloped traffic and infrastructure restrict the development of contiguous destitute areas in Liupanshan, and now plans to implement Liupanshan rural Road development project for poverty alleviation in Ningxia Hui Autonomous Region with the ADB loan, which includes seven subprojects, involving Xiji County, Pengyang County, Jingyuan County and Yuanzhou District in Guyuan City, Tongxin County in Zhongwei City, and Tongxin County in Wuzhong City.
5. The construction of Liupanshan rural road development project for poverty alleviation in Ningxia Hui Autonomous Region with the ADB loan mainly targets at: 1) improving the technical grade for road network project, increasing network capacity, and perfecting regional road network; 2) enhancing the connection between the project area and surrounding area, improving regional traffic condition, and promoting the economic development of the project area and region; 3) constructing seven trunk roads and 21 branches in Xiji County, Pengyang
1 County, Jingyuan County, and Yuanzhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
6. As required by ADB, resettlement plan should be formulated for seven trunk roads and two feeder roads. The other 19 roads are farm roads serving agricultural production within villages based on the provision of Notice of the General Office of Ministry of Land and Resources on Further Regulating the Identification of Land Category for Rural Roads (Guo Tu Zi Ting [2013] No.581) (see Section 4.1), so they are people-benefit projects with very limited negative impact compared to the project benefits and the counties will arrange the land acquisition and relocation according to local standards. The Project will benefit about 2.10 million residents from six project counties and districts as well as surrounding provinces, counties and cities, of which, urban residents and rural residents respectively account for 16% and 84％.
7. Tongxin County subproject plans to construct one trunk road, Wangtuan-Yuwang Road. It starts from Xiangshui Bridge at K236+185 of road G344 (former road S101) in Wangtuan town, 15 km south of Tongxin county centre, and ends at K337+100 of road S202 (former road S203), namely, Yuwang urban road. The subproject is 77.41 km long in total. The subgrade/pavement width of section K0+000～K4+165 is 10.0m/8.5m; that of section K4+165～K67+410 is 8.5m/7m. The total investment in the subproject is estimated to be CNY 387.5216 million.
2 Wangtuan- Yuwang Road
Wanzhang- Zhengji-Jiucai- Sanying Road Sikouzi Road
Guanting-Gu Sectin of Gu- Xiji Road Jiangtai-Xitan- Pingfeng Road
Mengyuan Chunshucha– Chengyang Yangping Road
Shatang (Huanghua County)–Gaodian Road
Figure 1-1 Sketch Map of Project Distribution
3 1.2 Overview of Project Preparation
8. The project is funded by the Asian Development Bank and NHAR TD. Before engineering implementation, resettlement plan shall be formulated in accordance with the standard and requirements for loan financing project. On February 24-26, 2015, ADB Project Launch Delegation (hereinafter referred to as “Launch Delegation”) visited Yinchuan, and determined the content, principle and requirement of project resettlement plan. “Launch Delegation” and Transportation Department of Ningxia Hui Nationality Autonomous Region (executing agency) confirmed that resettlement plan for subprojects will be prepared as per involved counties and districts. The resettlement plans for seven independent trunk roads and 2 feeder roads in 7 counties and districts should be formulated.
9. On the basis of the task above, Transportation Department of Ningxia Hui Nationality Autonomous Region authorized the consultants and experts from Shaanxi Academy of Social Sciences to formulate corresponding documents. The document is namely RP for trunk road and branch construction confirmed for the subproject. There are four sources for critical data and information in RP: (i) Feasibility study report and preliminary design of the project, preliminary demographic census results, and relevant government documents; (ii) Relevant information of functional department, such as, policy document, work summary and statistical data; (iii) Information of the affected villages and towns and village collectives, such as basic information and statistical report; (iv) Information from focus group discussion (FGDs), interview and household (HH) questionnaire survey.
1.3 Subprojects in Tongxin County
10. The subproject of Tongxin County includes one trunk road, which is Yuwang Road Road project in Tongxin County.
11. According to the feasibility study report, the project will involve nine administrative villages in two towns of Tongxin County Wangtuan-Yuwang road starts from K236+199 (Xiangshui Bridge) of Line G344 (the former Line S101) at Wangtuan Town which is in the north of Tongxin County and 15km away fromthe county, and ends at K61+510 which joins Line S202 (the former K337+800 of Line S203) with subgrade/pavement width of 10.0m/8.5m in the section K0+000～K4+185 and 8.5m/7m in the section K4+185～K61+510. The total length is 61.51 km and estimated total money is CNY 387,521,607. The construction period is two years.
4 Table 1-1Basic Information of Wangtuan-Yuwang Road Project Project construction Project radiation Project Category Construction grade content effect It affects 2 towns (Wangtuan, Yuwang), 9 The project starts administrative from K236+199 villages (Qianhong (Xiangshui Bridge) of Village, Line G344 (the former Subgrade/pavement Line S101) at Wangtuan Zhang’ershui width of 10.0m/ 8.5m in Village, Hongwan Town which is in the the section K0+000～ Village of Hujia, north of Tongxin County K4+185, designed Buzizhang Village, and 15km away from the Wangtuan- based on the standard Abutiao Village, Road county, and ends at Yuwang of Grade II road, and Gongjiawan reconstruction K61+510 which joins Line Road 8.5m/7m in the Village, S202 (the former ～ Qingyangquan K337+800 of Line S203). section K4+185 Village, Nanguan The total length is 61.51 K61+510, designed Village and km and estimated total based on the standard Nanyuan Village) money is CNY of Grade III road 3,842 households, 387,521,607. The 15,168 people, construction period is two including 4,007 years. impoverished people of 962 households. Data source: Socioeconomic and physical impact survey in July 2016.
Figure 1-2 Sketch Map of Project Location (Wangtuan-Yuwang Road Project)
1.4 Measures Employed to Avoid or further reduce Land Acquisition and Demolition
12. To avoid or reduce the negative impact of economic and social development and benefit people is the basic objective of this project. The following principles are followed for determination of project site selection and project boundary during the survey and design stages:
5 (i) Avoid cultural landscape (including temples and other religious activity sites) and key cultural relics protection units. (ii) Avoid schools. (iii) Avoid or try to reduce the existing or planned residential area. (iv) Avoid or try to reduce environmentally sensitive area. (v) Avoid/minimize house demolition and relocation (vi) Avoid/minimize use of good farmland. (vii) Avoid/minimize ground attachments.
6 2 Project Impact
2.1 Survey Method and Process
13. As for the land acquisition and demolition impact of the project at this stage, the survey scope is determined by the FSR and preliminary design. The results of the detailed design and detailed measurement survey shall be updated in the final RP, and the modified RP shall be submitted to ADB for approval prior to contract awards.
2.1.1 Project Survey at the Early Stage
14. The preliminary survey of land acquisition and demolition impact mainly includes two aspects: 1. Document review: Consult the feasibility study report of the project, economic and social development document in the project implementation areas, and statistical data, as well as data collection. 2. Field survey: From March 20, 2016 to July 2, 2016, by consultant experts of Shaanxi Academy of Social Sciences together with and the personnel in charge of compilation of feasibility study report and relevant personnel of the project implementing agency conducted preliminary project impact survey on the socioeconomic overview and degree of the affected area, public consultation activities, and sought for the opinions of local department and some affected villagers within a certain scope.
15. In March 2016, after receiving the feasibility study report, consultant experts of Shaanxi Academy of Social Sciences together with the project implementing agency and feasibility study report compilation unit screened, determined and made statistics of the socioeconomic development status of project affected areas as well as the land acquisition and demolition effects of the project and the various sub-projects, including the impact survey on the affected population, land, house, ground auxiliary facilities and physical quantity, and the sampling survey on economic and social development level of the affected areas.
16. The survey includes 2 towns with 9 administrative villages of Tongxin subproject. Four villages were surveyed, including Qianhong Village and Zhang’ershui Village of Wangtuan Town, Gongjiawan Village and Nanyuan Village of Yuwang Town. The sampling households for survey are 500, accounting for 25% of the total households (1968 households) of in four villages, and group interviews are conducted for eight times.
17. According to the conclusion of the meeting of ADB and Ningxia Autonomous Region Department of transportation in June 2016, consultant experts with the project implementing agency investigated once again project affected areas to verify the impact of LA and HD in the field from July 10 to July 12, 2016. On the basis of analysis, processing of the survey data and information above and according to resettlement policies of PRC and Asian Development Bank, the Resettlement Plan for Tongxin County subproject was compiled.
2.1.2 Data source and survey method
18. Due to tight time and wide coverage of the survey of the project, the acquisition of background material and basic data of project impact shall include two aspects: (i) Document and literature review and information collection. Collect and collate the project information and relevant survey material and statistical material provided by relevant local government departments and project implementing agencies.
7 (ii) Field measurement and data collection, supplemented by symposium, direct exchange with relevant interest groups, etc. to further verify material and data. a) Survey on land acquisition: After the land acquisition scope is determined by feasibility study report and preliminary design, the project impact survey group shall conduct survey and statistics of the area based on the status quo of land use, ownership and land type. b) Survey on the affected population: The land acquisition scope shall be determined by feasibility study report, preliminary design and sampling survey shall be conducted for the affected population, including ethnicity, age, educational background, employment status, etc. c) Survey on the demolished houses and ancillary facilities: The component involves house demolition. On-site check was conducted for the demolished houses one by one, including all ancillary facilities. The survey team together with the village leaders based on the preliminary design, identified the affected house and ancillary facilities, documented ownership, categorized structure types and size. d) Survey on scattered trees: The scattered trees within the impact scope of the acquisition land are checked on site so as to distinguish fruit trees from other trees. Numbers and varieties were recorded. e) Survey on special facilities: Surveys were done on the affected electric power, telecommunications cables and other special facilities. Based on the existing information from the line departments, the survey team together with representatives from the owner departments carried out the field check and recording.
2.2 Project Impact Scope and Overview
19. The impact of land acquisition and demolition of the project involves 2 towns and 9 administrative villages. See Table 2-1 for reference.
Table 2-1 Towns and Administrative Villages Affected by Land Acquisition and Demolition Construction Name of town/ street Name of village/ neighborhood committee content Qianhong Village, Zhang’ershui Village, Wangtuan Hujiahongwan Village, Buzizhang Village, Abutiao Wangtuan - Village Yuwang road Gongjiawan Village, Qingyangquan Village, Nanguan Yuwang Village, Nanyuan Village Data source: Socioeconomic and physical impact survey in July 2016.
20. The project includes land acquisition of 1,942.77 mu, including farmland of 403.3 mu, residential land of 14.11 mu, unused land of 1,514.01 mu and forest landof 11.35 mu.
21. Buildings of 3,888 m2 will be demolished, including 3,685 m2 of wood-brick structure and 203 m2 of earth-wood structure. LA will affect 149 households of 616 people, among which 25 households of 108 people will be affected by HD. According to the surveys, no households will lose more than 10% of farmland and income. All 25 households with 108 persons will be affected by partial HD. No enterprise or store is affected by the land acquisition and demolition of the project. In addition, scattered trees, power poles, electric wire, and other ground ancillary facilities will also be affected by the land acquisition and demolition. No temporary land
8 occupation is involved in the project design plan up to now. Mainly Hui people are affected by the land acquisition and demolition in the project area.
2.3 Impact of Permanent Collective Land Acquisition
22. The subproject will permanently acquire 1,942.77 mu of rural collective land in the above-mentioned areas, including Farmland of 403.3 mu (20.76%), Residential land of 14.11 mu (0.73%), Forest land of 11.35 mu (0.58%), and Unsed land of 1,514.01 mu (77.93%). See Table 2-2 for reference.
Table 2-2 Permanent Acquisition of Collective Land (by affected village) Permanent land acquisition (mu) Village Affected Affected Road Town committee Farm Residenti Unused Forest HH person Subtotal land al land land land Qianhong 18.12 12.11 167.74 2.81 200.78 13 53
61.75 0.85 216.02 0 278.62 24 99 Wang Zhang’ershui tuan Hujiahongwan 63.00 0.25 176.17 0.22 239.64 19 81 Buzizhang 53.06 0 199.50 4.52 257.08 21 83 Wang Abutiao 88.66 0 29.82 1.25 119.73 18 75 tuan - Yuwang Total 5 284.59 13.21 789.25 8.8 1095.85 95 391 Road Gongjiawan 68.23 0 286.80 0.40 355.43 6 27 Qingyangquan 25.56 0 137.90 0.25 163.71 8 39 Yuwang Nanguan 10.26 0 68.63 0 78.89 23 93 Nanyuan 14.66 0.9 231.43 1.90 248.89 17 66 Total 4 118.71 0.9 724.76 2.55 846.92 54 225 Total 403.30 14.11 1514.01 11.35 1942.77 149 616
Proportion 20.76% 0.73% 77.93% 0.58% 100% / 100% Data source: Socioeconomic and physical impact survey in July 2016.
Table 2-3 Farmland Loss Affected by Project Land Acquisition (by affected HH) Before land acquisition After land acquisition Village Affected No. of Per HH Farm Farm village No. of Farm Per HH HH Farmland land land Road Town HH land Farmland affected loss loss loss by LA rate % rate %
Village name (HH) (mu) (mu/HH) (HH) (mu) % %
Qianhong 1073 35600 33.18 13 18.12 0.05 4.20 Wangtuan- Yuwang Wangtuan Zhang’ershui 138 11900 86.23 24 61.75 0.52 2.98 Road Hujiahongwan 301 23575 78.32 19 63.00 0.27 4.23
9 Before land acquisition After land acquisition Village Affected No. of Per HH Farm Farm village No. of Farm Per HH HH Farmland land land Road Town HH land Farmland affected loss loss loss by LA rate % rate %
Village name (HH) (mu) (mu/HH) (HH) (mu) % %
Buzizhang 86 11840 137.67 21 53.06 0.45 1.84
Abutiao 125 20000 160 18 88.66 0.44 3.08
Gongjiawan 78 13450 172.43 6 68.23 0.51 6.59
Qingyangquan 329 21020 63.89 8 25.56 0.12 5.00 Yuwang 990 12300 12.42 23 10.26 0.08 3.59 Nanguan 722 17271 23.92 17 14.66 0.08 3.61 Nanyuan TOTAL 9 3842 166956 43.46 149 403.30 0.24 6.23 Data source: Socioeconomic and physical impact survey in July 2016.
Table 2-4 Farmland Loss of the Households Affected by LA Distribution of proportion of Farmland loss of the Administrative region Project name households affected by LA (household) Town Village 5% 5%—10% ﹥10% Qianhong 8 5 0
Zhang’ershui 23 1 0
Wangtuan Hujiahongwan 11 8 0
Buzizhang 21 0 0
Abutiao 16 2 0 Wangtuan- Total 5 79 16 0 Yuwang Road Gongjiawan 2 4 0
Qingyangquan 5 3 0 Yuwang 14 9 0 Nanguan 11 6 0 Nanyuan 32 22 0 Total 4 TOTAL 9 111 38 0
10 Data source: Socioeconomic and physical impact survey in July 2016.
23. The total number of the households affected by farmland acquisition is 149. Farmland loss rate of 111 households is less than 5%; that of the other 38 households is 5%-10%. No households lose more than 10% of their farmland. The average farmland loss rate among affected households is 6.23%. The average LA loss rate is 0.24% for all affected villages. The farmland loss rate of 0.52% is the relatively highest in Zhang’ershui Village of Wangtuan Town. Among the 149 affected households, 38 households have the LA loss rate above 5%, including 5 households in Qianhong Village, 1 in Zhang’ershui Village, 8 in Hujiahongwan Village, 2 in Abutiao Village, 4 in Gongjiawan Village, 3 in Qingyangquan Village, and 9 in Nanguan Village and 6 in Nanyuan Village. 1 household in Gongjiawan Village has the highest farmland loss rate of 7.25%. Therefore, the subproject has no significant jmpact on affected households.
2.4 Temporary Land Occupation
24. So far, construction scheme of the project involves temporary land occupation of 1,651.06mu which are all unused land. Main purposes of TLO are for spoil ground, borrowing earth and mixing unit.
2.5 Analysis of Impact of Residential House Demolition
25. The residential houses involved in the demolition are rural houses of 3,888m2, including timber-brcik structure of 3,685m2 (accounting for 94.78% of the total) and earth-wood structure of 203m2 (accounting for 5.22% of the total). A total of 25 households with 108 persons will be affected. See Table 2-5 for the impact of residential house demolition.
Table 2-5 List of Impact of Demolished Rural Residential House House demolition (m2) Affected people Road Town Village Timber- Earth- Makeshift Number of Number Subtotal brick wood house households of people Qianhong 2570 0 0 2570 16 65 Zhang’ershui 0 0 0 0 0 0 Wangtuan Hujiahongwan 595 203 0 798 6 29 Buzizhang 0 0 0 0 0 0 0 0 0 0 0 0 Wangtuan Abutiao -yuwang Total 5 3165 203 0 3368 22 94 road Gongjiawan 0 0 0 0 0 0 Qingyangquan 0 0 0 0 0 0 Yuwang Nanguan 0 0 0 0 0 0 Nanyuan 520 0 0 520 3 14 Total 4 520 0 0 520 3 14 Total 9 3685 203 0 3888 25 108 Proportion (%) 94.78 5.22 0 100% / / Data source: Socioeconomic and physical impact survey in July 2016.
26. All houses are demolished partially, and the households will be resettled properly after HD. See Chapters 5-6 for the resettlement plan. See Table 2-6 for HD information of the 25 households affected.
11 Table 2-6 HD Information Houses Houses of Number of timber- earth- Head of Living HD area Town Village of 2 brick wood household area (m ) people structure structure (m2) (m2) Qianhong Yang Dean 3 380 160 160 Yang Qianhong 4 380 180 180 Yanxiu Qianhong Yang Younu 3 380 160 160 Qianhong Yang Jian 4 380 150 150 Yang Qianhong 2 380 150 150 Dezhong Qianhong Yang Dehai 4 380 160 160 Qianhong Yang Yuan 5 380 160 160 Qianhong Yang Deke 4 380 150 150 Yang Qianhong 5 380 170 170 Youkuan Yang Qianhong 6 380 180 180 Zhanlin Li Qianhong 3 380 150 150 Wangtuan Zhengsheng Yang Qianhong 2 380 140 140 Youlan Qianhong Yang Jun 4 380 150 150 Qianhong Ma Ziwu 6 380 170 170 Yang Qianhong 2 380 160 160 Youlong Qianhong Yang Cai 4 380 180 180 Wang Hujiahongwan 5 380 80 80 Youmin Wang Hujiahongwan 6 380 100 100 Yougui Hujiahongwan Hu Yugui 7 380 150 80 70 Hujiahongwan Hu Rumao 5 380 160 80 80 Hujiahongwan Hu Ruzhong 6 380 165 165 Hujiahongwan Hu Xiaowu 5 380 143 90 53 Nanyuan Ma Xiaojun 4 480 160 160
Yuwang Nanyuan Ma Xiaohu 6 480 220 220 Ma Nanyuan 3 480 140 140 Jianzhong Total 25 108 9800 3888 3685 203
2.6 Impact of Demolished Buildings of Enterprises and Public Institutions
27. No enterprises and public institutions will be affected by land acquisition and demolished.
12 2.7 Affected Infrastructure and Ground Ancillary Facilities
28. The subproject will affect ground structures, trees, special facilities, and etc. See Table 2-7 for details. Table 2-7 Affected Ground Ancillary Facilities Item Unit Quantity Signboards and advertising boards piece 41.00 removal Milestone pole piece 522.00
Well piece 17.00
Brick wall fence m 268.00
Earth wall fence m 1,898.00
Caves piece 23.00
Gate piece 1.00
Water Cellar piece 98.00
Trees with φ<10cm piece 3,815.00
Trees with 10<φ<30cm piece 334.00
Trees with φ>30cm piece 40.00
Nursery garden mu 16.46
Fruit trees piece 139.00
Illuminating lines piece 268.00
Telecommunication lines piece 97.00
Underground iron water pipes m 130.00
PVC water pipes m 200.00
Young crops mu 403.30 Data source: Socioeconomic survey and physical impact survey in July 2016.
2.8 Affected Population
2.8.1 Overview
29. A total of 149 households with 616 persons are affected, including all households affected by LA and 25 households with 108 persons affected by partial house demolition. No enterprise, store or public institution is affected by the land acquisition and demolition. See the
13 Table 2-7 for details of the affected population. No enterprise or store is affected by the land acquisition and demolition. Table 2-8 Affected Population Wangtuan Yuwang Subtotal Type Number of Number of Number of Number Number of Number of households people households of people households people Households
affected LA impact 95 391 54 225 149 616 HD impact 22 95 3 13 25 108 Total 95 391 54 225 149 616 Data source: Socioeconomic and physical impact survey in July 2016.
2.8.2 Affected vulnerable groups
30. The vulnerable groups affected by the subproject mainly include the elderly with no other supporting family members, single-parent families, orphans, family under MLSS, the disabled, poverty families, etc. A total of 60 households with 233 people of vulnerable groups are affected by the subproject. See Table 2-9 for the definition standard of vulnerable groups and the number of vulnerable group households.
Table 2-9 Basic Information of Vulnerable Groups of Tongxin County Road Project
Wangtuan (number Yuwang (number of Type Definition standard of households) households)
The poor under Annual per capital income lower than CNY 11 6 MLSS 2,780. 3 1 Family with women as primary labors, Women-led without young and middle-aged men labors family (18-55 years old) The elderly over 60 years old without 10 5 The elderly children, relatives and other supporting family members 3 2 Family with the members identified according The disabled to national standard of level I or level II family disabled 12 7 Family with member losing work capacity Family with long- due to disease or in need of long-term term patients medical care
Total 39 21 60
Note: Repeated calculation has been excluded in the subtotal and total. According to the poverty standard of annual income per person of less than CNY 2,780in Tongxin County, 60vulnerable households all belong to poverty-stricken families.
Data source: Socioeconomic survey and physical impact survey in July 2016.
14 31. According to the survey, poverty causes include aspects of: (1) harsh living and production conditions due to geographical location, such as high mountain, poor soil, cold and dry weather; (2) low value-added grain dominated production model due to remote geographical location and poor road condition; (3) lack of skill - limiting access as migrant labor seeking outside non-farming waged jobs; (4) lack of information; and (5) illness or disability.
32. The subproject will provide additional help to the affected vulnerable households/persons. A special budget of CNY 180,000 for supporting vulnerable group has been reserved in the project resettlement budget. (See Chapter 7 for specific measures).
2.8.3 Project impact on women
33. A total of 291 (accounting for 47.2% of the total persons affected) of the affected persons are female. During the field survey, women focus group discussions were held in each surveyed village. No outstanding negative impacts on women were found. On the contrary, women pointed out that as the women, children and elderly are the majority left behind after men and young people migrate out, the road improvements will particularly benefit women, children and elderly to transport goods to and from market, go to school and travel to clinic and other social service facilities. Travel will be safer, easier, and smoother.
34. In the longer term, women expected the road improvement will stimulate local industrial development and urbanization, bring more local non-farming job opportunities which will particularly help women with agricultural income as main source to increase their gross income.
2.8.4 Affected minority population
35. Project implementation area is Hui people concentrated area. The affected population is Hui people. Since the subproject is mainly the reconstruction of old road, hence, the lifestyles and customs of the local Hui people will not be affected by the negative effect of LAR; on the contrary, since project implementation improves the local traffic condition, Hui people will positively support the rapid implementation of the project. (See Chapter 9 Public Participation).
15 3 Social and Economic Profile
3.1 Socioeconomic Profile of Project Area
36. The subproject is located in Tongxin County of Wuzhong City and impacts 2 towns and 9 villages.
3.1.1 Socioeconomic profile of Wuzhong City
37. Located in the center of Ningxia Hui Autonomous Region and hinterland of Ningxia Plain, Wuzhong City, is the core area of urban belt of Ningxia along the Yellow River. Litong District, Qingtongxia City, Yanchi County, Tongxin County and Hongsibu District are under the administration of Wuzhong City, with 42 towns, one subdistrict office, 56 community resident committees and 532 administrative villages in total. The city covers an area of 20,200 km2 with the total population of 1,352,900 (2015), including 680,000 Hui people, accounting for 50.4%.
38. In 2015, GDP of Wuzhong City was CNY 38.34 billion, with an annual increase of 7.6%. Primary industry value added of CNY 5.393 billion, increased by 6%, and that of secondary industry was CNY 21.871 billion, increased by 10.5%, and of tertiary industry was CNY 11.08 billion, increased by 2.4%. The value added of the primary industry took up 14% of the GDP of Wuzhong City, the secondary industry accounted for 57% and the tertiary industry took up 29%. Urban per capita disposable income was CNY 19,853, with annual increase rate of 8.5%; rural per capita net income was CNY 8,442, with annual increase of 11%.
Table 3-1 Socioeconomic Profile of Wuzhong City No. Item Unit Wuzhong 1 Land area km² 20,200 1.1 Farmland area 10,000mu 469.14 2 Population 10,000 person 135 2.1 Agricultural population 10,000 person 99.7 2.2 Non-agriculture population 10,000 person 35.3 3 GDP CNY 100 million 383.4 3.1 Primary industry CNY 100 million 105.18 3.2 Secondary industry CNY 100 million 160.19 3.3 Tertiary industry CNY 100 million 87.57 3.4 Per capita GDP CNY/person 28,400 4 Urban per capita disposable income CNY/person 19,853 5 Rural per capita net income CNY/person 8,442 Source: April 2016: Survey on physical impact and socioeconomic.
3.2.2 Socioeconomic profile of Tongxin County
39. Located in the middle south area of Ningxia Hui Autonomous Region, Tongxin County is the core area of arid belt of central Ningxia. Tongyin County is located on the border of Loess Plateau and Inner Mongolian Plateau, the terrain of which leans from south to north (higher in the south and lower in the north), with elevation from 1,260m to 2,625 m. The elevation of the county is 1,344 m. The geomorphic type of Tongxin County is the cross distribution of hills, ravine, mountain area, valley, tableland, gully, loessland, rock hill, proluvial fan. The major terrain in the county is mountain area, and the terrain is complex with ravines and gullies crossing the area. The south part of the county belongs to mid temperate semiarid continental
16 climate and the north is mid temperate arid continental climate, which is featured by drought, less rainfall, large evaporation capacity, distinctive temperature and seasons, long sunshine duration, strong solar radiation, short summer and autumn, and long winter and spring. Disastrous weather, such as gale, sandstorm, drought, dry hot wind, frost, hail, etc., occurs frequently, which greatly impact the agricultural production. The county covers an area of 5,666.70 km2, with 7 towns, 4 townships, 4 residential committees, 154 administrative villages under its administration. By the end of 2015, the county had a total population of 391,000, including 272.200 Hui people, accounting for 85.54%. Therefore, Tongxin County is the county in the organizational system with the highest population proportion of Hui nationality.
40. In 2015, the county achieved a regional GDP of CNY 4.42 billion, increased by 10.4%; fixed-asset investment of the whole society reached up to CNY 6.8 billion, increased by 28.5%. Total retail sales of consumer goods were CNY 1.047 billion, increased by 13.5%; per capita urban disposal income amounted to CNY 17,131, increased by 8.6%; per capita rural net income was CNY 6,123, increased by 12.2%.
Table 3-2 Social and Economic Status of Tongxin County No. Item Unit Tongxin County 1 Land area km² 5,666.7 1.1 Farmland area 10,000mu 67.94 2 Population 10,000 person 39.1 2.1 Agricultural population Person 293,640 2.2 Non-agricultural population Person 97,430 2.2 Population of Hui nationality Person 334,859 3 GDP CNY 100 million 44.2 3.1 Primary industry CNY 100 million 10.93 3.1.1 Proportion in GDP % 24.73 3.2 Secondary industry CNY 100 million 17.75 3.2.1 Proportion in GDP % 40.16 3.3 Tertiary industry CNY 100 million 15.52 3.3.1 Proportion in GDP % 35.11 3.4 Per capita GDP CNY/person 11,304 4 Urban per capita disposable income CNY/person 17,131 5 Rural per capita net income CNY/person 6,123 Source: 2015 statistical yearbook of Tongxin County.
3.1.3 Socioeconomic profile of affected towns
41. The subproject affects 9 administrative villages in Wangtuan Town and Yuwang Town. In the two affected towns, the average population is 3.5 – 6 per household, per capita farmland ranges from 5 to 50 mu, and per capita income ranges from CNY 2,500 to 6,000.
Table 3-3 Social and Economic Status of Affected Towns Per Rural per Farm Average Number of Population Labor capita capita net Road Town land household household (person) (person) Farmland income (mu) population (mu) (CNY/person) Wangtuan Wangtuan 12,313 42,746 24,365 31.58 3.5 7.39 6,588 – Yuwang Town Road Yuwang 6,702 26,119 14,106 24.6 3.9 9.42 5,410
17 Per Rural per Farm Average Number of Population Labor capita capita net Road Town land household household (person) (person) Farmland income (mu) population (mu) (CNY/person) Town Total 2 19,015 68,865 38,471 56.18 3.6 8.16 6,141 Source: 2015 statistical yearbook of Tongxin County.
3.1.4 Introduction to Socioeconomic status of affected villages
42. The subproject affects 9 administrative villages in Wangtuan Town and Yuwang Town of Wuzhong City. See the economic development data of the village in Table 3-4.
Table 3-4 Socioeconomic Indicators of the Affected Villages Annual Number Per rural per of Farmland Household Road Town Village Population Labor capita capita house- (mu) population farmland net hold income Qianhong Wangtuan 1,073 3980 2587 35600 3.7 8.94 5600 Village Town Zhangersui 138 698 433 11900 5.1 17.05 4200 Hujia Wangtuan 301 1314 813 23575 4.4 17.94 4900 – Yuwang Hongwan Road Baozizhang 86 328 216 11840 3.8 36.10 4900 Abutiao 125 454 454 20000 3.6 44.05 4700 Sum 5 1,723 6774 6774 102915 3.9 15.19 4820 Gongjiawan 78 276 276 13450 3.5 48.73 5580 Yuwang Qingyangquan 329 1327 1327 21020 4.0 15.84 4890 Town Nanguan 990 4120 4120 12300 4.2 3.0 4440 Nanyuan 722 2671 2671 17271 3.7 6.47 4920 Sum 4 2119 8394 8394 64041 4.0 7.63 4908 Total 9 3842 15168 15168 166956 3.9 11.01 4890 Source: 2015 statistical yearbook of Tongxin County.
3.2 Socioeconomic Profile of Affected Villages
3.2.1 Sample survey
43. In order to understand the basic status of population affected by the land acquisition, the socioeconomic group conducts sample survey for affected household. The four sample villages are Qianhong Village and Zhang’ershui Village in Wangtuan Town and Gongjiawan Village and Nanyuan Village in Yuwang Town. The sample survey covers 500 households, accounting for 25% of the total population. See the distribution of sample in Table 3-5.
Table 3-5 Sampling Proportion Number of Sample Sampling proportion Town Village household Number of Population (%) (household) household Qianhong 1073 250 925 23.3 Wangtuan Village Zhangershui 138 70 357 50.7
18 Gongjiawan 78 30 150 38.5 Yuwang Nanyuan 722 150 555 20.8 Total 4 2011 500 1942 24.9 Source: April 2016: Survey on physical impact and socioeconomic.
3.2.2 Nationality and gender
44. The 500 sample households have a total population of 1,942, a total labor force of 1,126 and average populations of 3.9 per household, all of them are Hui nationality. There are 932 females (47.9%) of the total surveyed population; most women are mainly engaged in agriculture, housework and other production activities.
3.2.3 Age structure
45. Among the 1,942 sample people from 500 households, 346 are under 16 years old (17.8%), 623 are at the age of 16-39 years old (32.1%); 680 at the age of 40-59 (35%); and293 people are over 60 (15.1%). The affected villages have an older age structure because young people have moved to towns for employment. See age structure in Figure 3-1.
Figure 3-1 Age Distribution Structure
3.2.4 Education background
46. Among the surveyed 500 households of 1,942 persons, 1,129 people have received primary or below education(58.1%); 773 people received junior high school education (39.8%); 38 people received senior high school or technical secondary school education (1.96%); 2 people had received junior college or above education (0.14%). See education distribution in Figure 3-2. The education levels are very low due to the remote location of villages and the age structure of villagers.
19 Figure 3-2 Distribution Structure of Education
3.2.5 Housing size
47. Houses of the 1,942 people of 500 households are mainly timber-brick structure and earth-wood structure, with total area of 190,000 m2, and area of each household of 380 m2, per capita area of 97.83 m2. 2 households have housing area of 100-200 m2 (accounting for 0.4% of the total households), 63 households have housing area of 200-300 m2 (accounting for 12.6% of the total households), 366 households have housing area of 301-400 m2 (accounting for 73.2% of the total households), 66 households have housing area of 401-500 m2 (accounting for 13.2% of the total households), and 3 households have housing area above 500 m2 (accounting for 0.6 of the total households). No household has housing area less than 100 m2. These are typical housing sizes for rural people but the quality of housing in these villages is quite simple due to the poverty conditions.
3.2.6 Farmland resource
48. Of the surveyed 500 households with 1,942 people, per household farmland is 151.7 mu and per capita farmland is 38.7 mu. The farmland mainly refers to dryland and the major crops are corn and potato, with yearly net return of about CNY 300/mu. There are 55 households (11%) with per capita farmland of less than 10mu; 101households (20.2%) with 10-30 mu; 316households (63.2%) with 31-50 mu, and 28 (5.6%) with more than 50 mu.
3.2.7 Household income and expenditure
(i) Annual household income
49. Among the 1,942 sample people from 500 households, the average annual income of household is CNY 12,480, including migration working income of CNY 6,552 per household, taking up 52.5%; annual average animal husbandry income of CNY 2,925 per household, accounting for 23.4%; annual average per capita net income is CNY 3,200.The farmers’ income mainly comes from animal husbandry and migration works. The income of agriculture takes up less proportion, only about 8.4%. Males in middle age and females mainly engage in agriculture and breeding, and young male laborers usually engage in migrating work.
20 (ii) Annual family expenditure
50. The per household total annual expenditure is CNY 18,000, including household operating expenditure of CNY 5,000 (27.8%); living expenditure of CNY 8,000 (44.4%); other expenditure of CNY 5,000 (27.8%). See sample survey on income and expenditure of affected household in Table 3-6.
Table 3-6 Analytical Table of Income and Expenditure of Surveyed Households Proportion Per household Per capita Item (%) (CNY/household) (CNY/person) Agricultural income 8.4 1,053 270 Forestry income 4.7 584 150 Income from animal husbandry 23.4 2,925 750 Industrial income 0 0 0 Income from construction 0 0 0 industry Income from transportation 2.5 312 80 Annual industry household Income from trade, food and 1.6 195 50 income service industry Income from other non-farming 6.9 858 220 jobs Income from migrateing work 52.5 6,552 1,680 Income from collective 0 0 0 distribution Income from property 0 0 0 Subtotal 100 12,480 3,200 Proportion Per household Per capita (CNY/year) (CNY/year) Household operation expenditure 24.4 2,613 670 Annual Living expenditure 45.4 4,875 1,250 household expenditure Others 30.2 3,237 830 Subtotal 100 10,725 2,750 Sources: April 2016: Survey on physical impact and socioeconomic.
3.2.8 Public opinion survey
51. People formulating the Resettlement Plan surveyed the public opinion of the 500 households on a sample. 149 households affected by land acquisition and demolition are all sampling households for survey on public opinion. The results are shown as follows: (i) Awareness: 52.4% of surveyed households are aware the project is going to be constructed, 27.8% are not quite clear about the project and19.8% know nothing about it. (ii) Attitude: 97.6% of surveyed households support the project construction, and 2.4% do not care about it. (iii) Livelihood options: 53.6%surveyed households are not willing to continue in agriculture anymore; 65%are willing to be given non-agricultural status; 100% are
21 willing to participate in social insurance; and 96% are willing to receive technical training. See public opinion survey in Table 3-7.
Table 3-7 Public Opinion Survey Selection proportion of the opinions No. Questions Answers of the affected households (%) 1 2 3 Total Do you know the project will be (1) Yes (2) Not quite clear 1 52.4 27.8 19.8 100 constructed? (3) No Do you approve the project 2 (1)Yes (2)No (3) I don’t 97.6 0 2.4 100 construction? care Who do you think can benefit from (1) Nation (2) Collectivity 3 100 98 86 100 the project? (multiple choices) (3) Individual Do you know the compensation 4 (1) Yes (2) No 22 77.4 \ 100 policy for land acquisition? Do you accept the land acquisition 5 (1) Yes (2) No 74 26 \ 100 for supporting the project? Are you willing to receive technical 6 (1) Yes (2) No 96 4 \ 100 training after land acquisition? Selection of housing resettlement (1) Land allocation methods. resettlement (2) Unified 7 construction resettlement 59.6 19.2 17.2 \ (3) Monetary compensation Where do you want to choose as (1) The group (2) The 8 housing resettlement point? village/community (3) 4 60.4 9 \ The town/township Do you know you can lodge a 9 complaint when your lawful rights (1) Yes (2) No 42 58 \ \ and interests are violated? Sources: April 2016: Survey on physical impact and socioeconomic.
3.3 Affected Enterprises and Public Institutions and Sensibility Impact
52. The survey shows that there are no affected enterprises, public institutions, schools, hospitals as well as religion facilities and cultural relics.
3.4 Women’s Development in Project Area
3.4.1 Rural women profile in project areas
53. The proportion of male and female population was 100:94.4 in Tongxin County in 2015, of which the majority were rural women accounting for 67% of total female population. Women are playing important roles both in agricultural sector as well as rural household development.
54. Based on the socioeconomic survey, there are differences in the education level between women and men. Specifically, 19.8% of female respondents are in the no-schooling category, higher than male respondents (10.6%). Similarly, the proportion of female respondents with 7 years of education (53.7%) is lower than that of males (58.5%) and female respondents with 10-12 years of education (2.4%) is also lower than that for males (7.0%). And 24.1% of female respondents have received primary education, higher than male respondents (23.9%).
22 55. The majority of respondents were farmers with 73.6% of females and 58.4% of males being concentrated in agriculture on their farmland. Both long-term and seasonal migrant laborers were mostly men.9.8% of males were engaged in the long-term migrant labor compared to 4.5%of women. 30.2% of men were seasonal migrant labors against only4.8% of women. Women were often left at home both for cultivating household land and taking care of household members.Women were 100% responsible for household work. The survey indicated that there were slightly more females running small businesses than men. However, of the respondents, only 0.6% of females were village cadre compared to males (7.2%), indicating that women’s participation in decision-making at village level was lower than for men.
3.4.2 Women’s roles in household livelihoods
56. Among surveyed villages, women and men are involved not only in agricultural activities but also non-agricultural practices. Women and men have different roles in agricultural production practices. Males usually dominate ploughing and clearing activities, while females are more engaged in planting and weeding. Both women and men take part in activities such as fertilizing, harvesting and animal husbandry. Tending poultry feeding is solely a woman’s activity.It is very common for both females and males to be involved in income-generating activities. Among middle-aged groups, more males are long-term as well as seasonal migrant laborers compared to women. Whereas more women are left at home to undertake agricultural practices as well as to look after their household members such as children and elderly.
57. Women exclusively perform household work in addition to their agricultural work. Their roles are cooking, washing and care of small children and elders in their households.
58. It is obvious that men contribute more to cash income generation in the household, and women’s roles tend to be in household maintenance like growing corn and grain, raising animals for household consumption rather than for selling purpose. Looking after children is women’s domain. Some interviewed women (36 females) reported that they are living in rented houses in the town to look after their school children. They no longer cultivated their land in the village. The household expenditures were fully met from their husbands’ non-farm earnings.
3.4.3 Decision-making at Household livelihoods and community pattern
59. Among the surveyed households, women in few families have decision-making power, and in most households, men made the decision. Couples jointly discuss agriculture production activities such as planting, crop selections, seed purchases, fertilizer and equipment/tools. In many cases, women’s voices are heard during the discussion process but men make final decisions.
60. Men dominate decision making on household investments such as buying vehicles, running small shops or building new houses. The interviewed villagers indicated that men have more opportunities to go outside than women and therefore have more experience and knowledge with which to make decisions.
61. Men also dominate with respect to decision making on renting out land and on borrowing and lending money. These are very important household decisions and are definitely the responsibility of household heads.
23 62. Men and women equally share decision-making on household saving and buying durable consumables such as TVs, furniture, washing machines and electronic cookers. Women dominate decisions on purchase of daily consumables.
63. The participation of women in community decision-making is still much less than for men because there are the fewer women members in decision-making bodies of communities. Among 9 surveyed villages, only 5 villages have female members in village committees. Women’s participation in community management include organizing traditional festivals, special occasions like marriage ceremonies and funeral activities, attending community meetings in the absence of men, and contributing labor for public works such as village road routine maintenance and irrigation repair.
3.4.4 Women’s transport needs
64. The women’s role in the household shapes their transport patterns, frequency of women’s mobility and travel costs. Women’s transport activities are different from men’s since women often have the primary responsibility for transporting goods to and from market, and for accompanying children and elders to hospital, and for seeking job opportunities to meet increasing cash demand of households.
65. Women have similar transport needs to other social groups. Due to their higher level of domestic responsibility, women assign greater importance to transport that is easier, faster, and safer and provides more mobility, as this in turn provides more home time for productive work. Women also expect more buyers to come to the village, which would in turn further reduces travel time and thus saves more time. Specifically, women are more reliant on public transport and prefer safe and regular public transports with fixed fares.
3.4.5 Project Impacts on Women
66. The subproject will bring benefits equally to women and other social groups through improvement of road safety facilities, trunk road rehabilitations and particular rural road upgrade. Shorter travel time on roads is beneficial to them, as it increases mobility, and allows more productive use of time.
67. Women are primarily local travelers for buying home consumption goods and selling produce, sending and picking up small children to and from school, traveling for health purposes, and more frequently accompanying family members to hospital. Accessing better roads, thereby, will provide them easier, faster and safer travel.
68. Public or private transport operators will be more willing to provide services when the road condition and road safety is improved. This could increase the potential for young women to travel outside the village to seek employment. Specifically, availability of public transport services, which are their primary means of travel, is important to women.
69. To facilitate income restoration for affected women, various skill-training programs will be provided through a number of ongoing government initiatives. According to women’s needs, relevant training courses such as housekeeping and handicrafts will be introduced to women through Women’s Federation, or the Human Resources and Social Security Bureau with close cooperation with the Project sponsor. Provision of jobs to women will be prioritized during project construction.
24 70. Local government should constantly promote the restoration of income of affected females. Firstly, on the basis of actual situation of local females and the small land acquisition of the project, the government can conduct agricultural support for female, and provide them with channels and subsidies for planting high-yield crops and fruiters as well as livestock breeding, so as to restore their incomes as soon as possible. Secondly, relevant departments of government should take the lead of providing various skill training. According to the demand of female, Women’s Federation, Department of Human Resources and Social Security and project sponsor should closely cooperate with each other to introduce relevant training causes to females, such as housekeeping, handicraft, etc. Thirdly, in the project construction period, female should be given priority to employment, with improving the salary for females according to workload.
71. All the above measures have been included in the Gender Action Plan (GAP), which has been extensively discussed with project sponsor. The GAP addresses women’s needs and ensures women will be benefited equally by the Project and to mitigate negative impacts for women that might arise.
3.4.6 Measures in RP in facilitating women’s development
72. Participation and consultation: separate consultation meetings and focus group discussions have been undertaken in each surveyed village. These were very helpful for women to voice their particularly needs on road safety, compensation modes, concerns over compensation standards, etc. Women’s needs, comments and suggestions on the project have been documented and incorporated in the RP, such as training needs of handicraft, landscaping, seedling producing and fruit tree caring.
73. Women show stronger desire for project participation and most of them expressed willingness to take part in the project activity in their free time. They also expressed desires to be informed about the project job opportunities.
74. In terms of compensation on LA and HD, women are not worried about their rights. The national laws and regulations guaranteed that women have equal rights on land use rights and house property legal rights. All households constructed or purchased during marriage automatically have shared-ownership between the couple, regardless of how or to whom the property was registered.
25 4 Legal Framework and Policies
75. The resettlement policies of this project are based on ADB’s policies and on the laws and regulations of the People’s Republic of China (PRC). These are as follows.
4.1 ADB's Policy
76. The relevant ADB policy is: (i) ADB Safeguard Policy Statement (2009), Safeguard requirement (ii) Involuntary Resettlement
4.2 The PRC’s Laws and Regulations on Land Acquisition and Relocation
77. The PRC relevant laws and regulations include the following:
(i) The Land Administration Law of the People’s Republic of PRC
78. (Amended at the Eleventh Session of the Standing Committee of the Tenth National People’s Congress on August 28, 2004; and effective as of then)
79. Main contents: formulations on land ownership, overall land use plan, farmland protection, land for construction, supervision and inspection, legal responsibility, including land expropriation compensation, subsidy standard for relocation, and manner of relocation of relocated people.
(ii) Regulations on the Protection of Basic Farmland
80. (No. 257 Decree of the State Council of The People’s Republic of PRC on December 27, 1998)
81. Main contents: in line with Agriculture Law of the People’s Republic of PRC and the Land Administration Law of the People’s Republic of PRC, concrete formulations for the country’s protection of basic farmland, including delimitation, protection, supervision and management, legal responsibility, etc.
(iii) Interim Regulations on Farmland Use Tax of the People’s Republic of PRC
82. (No. 511 Document of the State Council issued on December 1, 2007 and effective on January 1, 2008)
83. Main contents: formulations about tax contribution standard and contribution range of state construction occupied Farmland
(iv) Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28)
84. Main contents: In order to use the land properly, to protect the legal rights of the farmers whose land i`s expropriated, to maintain social stability, and to perfect the land expropriation and resident relocation system, the decision puts forward the guiding principle and way to perfect the compensation of land expropriation. The decision requires all the county, city and province governments to take effective measures to ensure that farmers’ living standards will
26 not decrease after their land is expropriated, and that according to laws in force, the land compensation, relocation compensation, ground ancillary facilities and young crop compensation are paid in full and in time. If after the payment of land compensation and relocation compensation in accordance with the laws in force, the farmers whose land has been expropriated cannot maintain their original living standard and their social safeguards cannot be paid, the province, autonomous region and/or municipality government should agree to provide further relocation compensation. If the sum of land compensation and relocation compensation reaches the legal upper limit, but the farmers whose land has been expropriated cannot maintain their previous living standard, the local people’s government can offer subsidy with the state-owned land income. The government of province, autonomous region and/or municipality should work out and promulgate the standard of output value or price of land. The land expropriation should be the same price for the same land. National key construction projects should incorporate the expense of land expropriation into its budget.
(v) Notice on the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People’s Republic of PRC (November 3, 2004, Guotuzifa [2004] No. 238)
85. The main contents: to put forward how to carry through The Decision of the State Council on Deepening the Reform and Strictly Enforcing Land Administration especially aiming at some problems during the land expropriation compensation and relocation system. There are two aspects: (i) To formulate unified annual output value standard. The provincial land and resources administration along with relevant agencies woks out the minimum unified annual output value of every county in the province, then announce and carry out it after the approval of the province government. The workout of unified annual output value standard should consider the type and quality of expropriated land, the investment on the land, the price of agricultural products, the grade of land, and so on. (ii) To affirm unified annual output value multipliers. The unified annual output value times of land compensation and resettlement subsidy should ensure the farmers whose land is expropriated remain a standard no lower than before and be worked out within the legal limit. According to the legal unified annual output value times, if the land compensation and resettlement subsidy couldn't ensure that the peasants whose land is expropriated can’t maintain the original living level or pay for their social security, the times can be increased after the approval of provincial government. If the sum of land compensation and resettlement subsidy is 30 times as the unified annual output value, the farmers whose land is expropriated couldn't remain the original living standard, the local government can provide subsidy from the state-owned land income. If the basic farmland is expropriated by the legal approval, the land compensation should be carried out according to the highest compensation standard announced by the local government.
(vi) Real Property Right Law of the People’s Republic of PRC (Order of the People’s Republic of PRC No. 62, in effect as of October 1, 2007)
86. Main contents: In accordance with the Constitution Law, the present Law is enacted with a view to maintaining the basic economic system of the state, protecting the socialist market economic order, clearly defining the attribution of the property, utilization of property, and
27 safeguarding the real right of the right holder. The civil relationships incurred from the attribution and utilization of the property shall be governed by the present Law.
(vii) Notice on Further Specification of the Land Type Identification of Farm Road of General Office of Ministry of Land and Resources of the People’s Republic of PRC (Guo Tu Zi Ting [2013] No.581)
87. Main contents: Define and specify the definition and scope of farm road, clearly propose that farm road refers to road (including farm track) serving the transportation between villages and fields and the rural agricultural production, and excluding from the national Road network system. Public road (including overpass) and land for street trees inside towns and villages do not belong to farm road. The pavement width of farm road shall not exceed 6.0 m, or the subgrade width of 6.5 m. In case the road’s pavement or subgrade exceeds the limitation width after reconstruction and expansion, and only has unidirectional lane, it cannot be identified as farm road, and shall be included in construction land management, and handle relevant land using procedure according to regulations.
4.3 Relevant Policies of Ningxia Hui Autonomous Region and Tongxin County (i) Notice on Implementing Compensation Standard for Land Acquisition for Towns (Cities and Districts) of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Fa [2010] No.3) (taking effect on January 7, 2010)
Main contents: Specify the detailed implementation regulations according to the reality of Ningxia Hui Autonomous Region and complying with Land Administration Law of the People’s Republic of China.
(ii) Notice on Publishing the Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Fa [2015] No.101), which was issued and took into effect January 1, 2016.
Main contents: According to Land Administration Law of the People’s Republic of China and Land Administration Regulation of Ningxia Hui Autonomous Region, decide to publish Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region after deliberation of executive meeting of the People’s Government.
(iii) Notice on Issuing Compensation Standard for Land Acquisition and Demolition of the Additional Construction of the Second Line Project in Ningxia Section of Baotou-Lanzhou Railway of the General Office of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Ban Fa [2010] No.43);
88. According to the above document of Ning Zheng Fa [2015] No.101 and economic development of project implementation area, for the 7 counties where the project is implemented all in mountain area in Southern Ningxia Hui Autonomous Region, of similar social development level and production and life habits and economic features, specially the low land output value of mountain area. Therefore, the MPOs of each county propose that the document of Ning Zheng Fa [2015] No.101 should be taken as the basis for land acquisition and demolition.
28 89. According to Ning Zhangeng Fa [2015] No.101, The compensation standard for mountainous dryland and residential land acquisition is CNY 6,400 /mu in Wangtuan Town and Yuwang Townin in Tongxin County. And the compensation standard for forest land is CNY4,480 /mu, accounting for 70% of that for farmland in the area. The compensation standard for unused land is CNY 1,280 /mu, accounting for 20% of that for farmland in the area. The compensation fee for young crops is determined to be CNY 600 /mu.
4.4 ADB’s Policy Requirements on Involuntary Resettlement
90. ADB involuntary resettlement safeguards covers physical displacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary.
91. The objectives of the policy: To avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. The basic principle include: (i) Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including gender analysis, specifically related to resettlement impacts and risks. (ii) Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. (iii) Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. (iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land
29 development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. (v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. (vi) Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. (vii) Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land asses. (viii) Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. (ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. (x) Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. (xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. (xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.
4.5 Differences of ADB’s and Local Policies
4.5.1 Compensation and resettlement for house
92. Difference: ADB policies require that compensation is based on replacement cost. Chinese laws accept that depreciation is reasonable, and the compensation rate for the old structure should be lower than that for new housing.
93. Solution: Compensation rates in in this RP are based on replacement cost.
4.5.2 compensation and resettlement for land
94. Difference: ADB policies require that compensation should be sufficient to offset any income loss, and restore long-term income-generating potential. Chinese standards are based on AAOV.
30 95. Solution: An early stage solution is to provide replacement land. Cash compensation is the preference of most people, though they cannot ensure the rational use of such compensation. Therefore, further technical support is needed to monitor the income of seriously affected households; especially those in vulnerable groups, and local governments should provide assistance to those in need. These are specified in this RP.
4.5.3 Compensation and resettlement for vulnerable groups
96. Difference: Difference: ADB policies require that special compensation be granted to all vulnerable groups, especially seriously affected households faced with impoverishment. Chinese provisions do not require social analysis, and compensation is based only on the amount of loss. Other social programs are in place for vulnerable groups regardless of the project.
97. Solution: Special funds have been allocated to assist the vulnerable groups, who will be further identified during the DMS. All measures have been specified in the RP. For significantly affected households, the RP includes specific provisions.
4.5.5 Consultation and disclosure
98. Difference: ADB policies require APs are fully informed and consulted as soon as possible. Chinese provisions have improved the transparency of disclosure and compensation. However, APs still play a weak role in project decision-making, and the disclosure period is usually too short.
99. Solution: Consultations have begun at the early stage (before and during technical assistance) and will continue through out the project cycle. Ningxia Provincial Communication Bureau and the local Government agreed to disclose the RP to APs as required by ADB.
4.5.5 Resettlement monitoring, evaluation and reporting
100. Difference: ADB requires internal and external resettlement monitoring. However, laws of PRC have no such requirement except projects that have reservoir resettlement.
101. Solution: Follow the ADB requirements, internal and external resettlement monitoring systems have been established for all ADB financed projects, and this has been included in the RP. The requirements for internal and external monitoring reporting are specified in the RP.
31 5 Compensation Principle and Entitlement
5.1 Resettlement Principles
102. The principles for compensation and entitlement of the Project have been developed in accordance with the regulations and policies of the PRC and ADB, with the aim of ensuring that APs obtain sufficient compensation based on replacement cost and assistance so that their production and livelihoods are at least restored to pre-project levels. Table 5-1 presents the resettlement principles of the Component.
Table 3-8 Resettlement Principles of the Component No. Principle 1 Involuntary resettlement should be avoided where feasible. The APs are granted compensation and rights that can at least maintain or even improve their 2 livelihoods in the absence of the project. The rate of compensation for acquired housing, land and other assets will be calculated at full replacement costs. The APs are given compensation in full replacement cost and assistance in resettlement whether 3 legal title is available or not. If the land available to everyone is insufficient to maintain his/her livelihood, replacement in cash or 4 in kind and other income-generating activities are provided for the lost land. The IA will ensure that APs fully understand their entitlements, the method and standard of 5 compensation, the livelihood and income restoration plan, and the project schedule, and participate in the implementation of the RP. The IA will ensure that no physical displacement or economic displacement will occur until (i) compensation at full replacement cost has been paid to each AP for project components or sections 6 that are ready to be constructed; (ii) other entitlements listed in the RP have been provided to APs; and (iii) a comprehensive income and livelihood rehabilitation program, supported by an adequate budget, is in place to help APs improve, or at least restore, their incomes and livelihoods. Vulnerable groups are provided special assistance or treatment so that they lead a better life, and all 7 APs should have an opportunity to benefit from the project. At least two members of each AH receive skills training, including at least one woman. 8 The resettlement plan should combine with the overall planning of county/ city/ district. - 9 If feasible, changing from “agricultural to non agricultural” status can be provided to LEF on a voluntary basis. All resettlement cost is included in the project budget and sufficient to cover all affected aspects. 10 The fund needs to be paid in time. The IA and an external monitoring agency will monitor and measure the progress of implementation 11 of the RP and will prepare monitoring reports to ensure that the implementation of the RP has produced the desired outcomes.
5.2 Cut-off Date of Compensation
103. The cut-off date for the eligibility for compensation is on November 1, 2016, which is also the date of Tongxin PMO and RO conducting resettlement DMS. Any newly claimed land, newly built house or settlement in the project area by the APs after this date is not entitled to compensation or subsidization. Any building constructed or tree planted purely for extra compensation is not counted in the inventory of losses.
5.3 Compensation Rate for Permanent Land Acquisition
104. According to the Notice of Further Regulating the Farm Road Land Affirmation Work of the General Office of Ministry of Land and Resources (Guo Tu Zi Ting [2013] No.581): “ First,
32 farm roads refer to the roads (inclusive of farm track) that conform to the definitions for land in Land-use Status Classification (GB/T21010-2007)”, and is used for the transportation in village and field within the rural scope and served rural agricultural production outside of the state road network system. The public roads (inclusive of interchange) in town and village and land for border tree are not farm roads. Second, the width of farm roads shall not be larger than 6.0 m, or the width of subgrade not larger than 6.5 m. The width of farm roads or the width of subgrade exceeds the upper limits after reconstruction and expansion, and the roads only with one-way lanes shall not be identified as farm roads and shall be incorporated into the management scope of construction land.”
105. The subproject does not belong to farm road construction, and if land acquisition and resettlement is involved, policies shall be formulated in accordance with the Government’s requirements for construction land.
106. According to the Notice of Releasing the Compensation Standard for Land Acquisition in Ningxia Hui Autonomous Region by the People’s Government (Ning Zheng Fa [2015] No.101)(see the attachments) issued on January 1, 2016, the project is being implemented in Area I and AreaII (Wangtuan and Yuwang) in Tongxin County, where the compensation standard for dry farmland and residential land is CNY 6,400 /mu.
107. The acquisition of unused land is executed by the 20% of that of farmland of the same area, the compensation standard for unused land of the RP is CNY 1,280 / mu.
108. The acquisition of Forest land is executed by the 70% of that of Farmland of the same area, the compensation standard for Forest landof the RP is CNY 4,480 /mu.
109. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 600 /mu: Table 5-2 has summarized the compensation standard for land acquisition of this RP by land category.
Table 3-9 Compensation Standard for the Project Land Unit: CNY /mu Dry Young Category Residential land Unused land Forest land farmland crops 600 (average of Compensation 1,280 6,400 6,400 4,480 the last standard (20% of Farm land) three years)
5.4 Temporary Land Occupation
110. Temporary land occupation area of the subproject is 1,651.06 mu for the present, and the type is unused land. According to the notice of Compensation Standard for Land Acquisition and Demolishing & Resettlement of Additional Construction of Second Line of Ningxia Section, Baotou-Lanzhou Railway (Ningzhengbanfa [2010] No. 43), the compensation for TLO is CNY 600/mu. It will be for a maximum of 2 years and the land will be restored to its pre-occupation standards prior to its redistribution to the owners.
5.5 Compensation Rate for House Demolition
33 111. The compensation for all houses demolished will follow the following principles. (i) Full replacement costs without depreciation: House demolition will be compensated at replacement costs. Table 5-4 has the detailed cost estimations based on the local house construction practice by type. The affected persons shall receive full replacement price without depreciation for the original house. Meanwhile, the affected people can use the building materials of the original house free of charge/cost. (ii) Various voluntary replacement choices available: The affected household can choose scattered settlement by providing similar condition of individual housing site, or choose concentrated settlement by participating in new rural construction scheme or other planning construction projects of the government, or self-settlement by using cash compensation. (iii) No demolition prior to new house ready/or agreement on new house plot/ apartment units singed: No house demolition will commence prior to the new house constructed or transition house arranged. Transition period should not be over 6 months. The affected households will obtain transition compensation prior to moving to the new house. In case of some household facing difficulties of moving, village committee and Tongxin PMO will provide assistance of transport. For those household facing difficulties to find transition house, the village committee and Tongxin PMO will provide assistance in renting.
112. According to the policy of Asian Development Bank and regulations of PRC, market price evaluation is adopted for the rural residential houses of the RP. The houses to be demolished will receive compensation according to the “replacement price”, the compensation price will be determined through market price evaluation, and will not be lower than the compensation base price of the RP. The compensation base standard for house demolition of the document is Ning Zheng Ban Fa [2010] No. 43. The residential land for resettlement will be distributed prior to demolition, and the resettlement site shall be determined in villagers’ representative meeting organized by village committee, within the same village group or village as much as possible. The “three supplies and one leveling” for the residential land will be carried out by the project construction unit, and the expense is included in construction budget. Table 5-3 shows the classified compensation standards.
Table 3-10 Compensation Standard for Demolition of Residential House and Ancillary Facilities Type Base price Structure type Unit Remark
Residential land CNY /mu 6,400 The compensation House Brick-concrete CNY /m² 600 for the house shall on Compensation Brick-timber CNY /m² 410 not be lower than collective for house Earth-wood CNY /m² 3101 the proposed base land Makeshift house CNY /m² 100 price. Other subsidy relocation subsidy CNY/HH 10002 CNY 1,000 per
1 In the compensation standard of Ning Zheng Ban Fa [2010] No.43 document, the price is CNY 210/m2, but the standard was released in 2011. In view of the current economic and social development, the standard has not been suitable for the existing housing compensation. Hence, through the consultations with the representatives of affected villages, and comprehensive consideration of the local current economic level and the compensation policies of Haiyuan County in the past, it is increased to RMB 310 Yuan/m2 in the RP. 2 In the compensation standard of Ning Zheng Ban Fa [2010] No.43 document, the subsidy is CNY 500/household. In view of the current economic and social development survey, the removal subsidy in the RP is increased to CNY 1,000/household.
34 Type Base price Structure type Unit Remark
for house household for one time. Transition subsidy: CNY 300 per household each month. Generally, Subsidy for and the transition temporal 3 CNY/HH 300 period is 6 months. resettlement / The exceeded time transition subsidy should be calculated in accordance with actual condition.
Table 3-11 Cost of House by Type (per 100m²) Brick-wood Earth-wood Item No. Unit price Amount Unit price Amount No. (CNY) (CNY) (CNY) (CNY) A. Subtotal of main 25,320 11,830 building materials Wood 4 1,000 4,000 5 1,000 5,000 Concrete 8 380 3,040 0 0 0 Adobe 0 0 0 12,000 0.2 2,400 Brick 50,000 0.28 14,000 1,000 0.35 350 Lime (coating) 4 400 1,600 6 400 2,400 Tile (tilestone) 8,000 0.21 1,680 8,000 0.21 1,680 Sand 20 50 1,000 0 0 0 B. Subtotal of other 7,500 7,000 materials Nails, iron wire, Nails, iron wire, Miscellany 2,500 3,000 electronic charge electronic charge Water and 5,000 4,000 electricity materials C. Subtotal of labor 19,000 12,000 Skilled 70 200 14,000 40 200 8,000 Unskilled 50 100 5,000 40 100 4,000 Total 51,820 30,830 Source: Socioeconomic and physical impact survey in July 2016.
3 The subsidy for temporal resettlement is used as house rent of relocation households after relocation. Through the survey on local house rent and the negotiation with the representatives of affected villages, the fees in the RP are determined to be CNY 300/household/month.
35 5.6 Compensation for Ground Attachment and Infrastructure
113. The compensation standard for the ground attachment facilities and infrastructure of the project is determined based on the principle of “replacement price”, shown as Table 5-5.
Table 3-12 Compensation Standard for Ground Attachments and Infrastructure Item Unit Quantity Signboards and advertising boards piece 500 removal Milestone pole and stela piece 50
Well piece 300
Brick wall fence m 170
Earth wall fence m 30
Caves piece 1,000
Gate piece 500
Cistern piece 1,000
Trees with φ<10cm piece 28
Trees with 10<φ<30cm piece 42
Trees with φ>30cm piece 56
Nursery garden mu 2,800
Fruit trees piece 200
Illuminating lines piece 5,000
Telecommunication lines piece 2,000
Underground iron water pipes m 1,000
PVC water pipes m 100
Young crops mu 500
5.7 Compensation for Young Crops
114. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 600 /mu.
36 5.8 Standard of Other Costs
115. The standard of other expenses is given in Table 5-6.
Table 3-13 Tax and Fee Standard of Resettlement No Item Tax and fee standard Policy basis Notice on re-issuing the Levying Farmland Reclaiming Land reclaiming Fee and Use Management Methods of Ningxia Hui 1 CNY2,666.8 /mu fee Autonomous Region. Ning Cai (Zong) Fa [2012] No.13) Notice on Adjustment of Policy of New Construction Land Use Fee of Ministry of Finance, Ministry of Land New and Resources and People's Bank of PRC (Cai Zong 2 construction CNY6,667/mu [2006] No. 48); Notice on Adjustment of Classification land use fee of New Construction Land Use Fee in Some Regions by Ministry of Finance and Ministry of Land and Resources (Cai Zong [2009] No. 24) Farmland Provisional Regulations on Farmland Occupation Tax 3 CNY3,333.5/mu occupation tax of the People’s Republic of PRC Vegetation Regulations for the Implementation of Forest Law of 4 recovery fee of CNY 2,000.1/mu the People’s Republic of China forest land
5.9 Entitlement Matrix
116. The entitlement matrix has been established in accordance with the applicable policies in this chapter. See Table 5-7 for details.
37 Table 3-14 CompensationEntitlement and Resettlement Policy Matrix Applicable Entitled No. of entitled Compensation Implementation item Type of loss Compensation policy targets person/collective person/collective entitlement The village meeting a. Pay land acquisition will determine the compensation to the rural fund using, re- collectives according to allocation of land, the compensation investment and standard in Table 5-2 of development project this RP The supervising b. Re-allocation of Land compensation authority shall Land within the a) Rural a) Three village farmland OR payment by allocation: The share approve and project collectives collectives affected village division among the supervise the implementation owning the land b) 616 APs of collectives of cash farmers losing land is Permanently proposals and area - road b) Farmers with 149 HHs losing compensation (100%) to decided by villager acquired farmland requirements of right of way land use rights land (all with AHs losing land with user meeting; cash village and provide (estimated as c) Farmers land use rights) rights if land is compensation shall convenience for 403.30 mu) renting the land c) no APs contracted to APs be directly paid to training project. renting the land c. Cash compensation individual. Those agreed for all the ground compensation for attachment (e.g., trees) individual shall be according to standards in paid according to Table 5-5 and standing the agreement and (young) crops according prior to to standard in Table 5-2. dispossession. Land Cash compensation for temporarily the annual loss during The village used as land loss period. Restore The villagers losing committee must construction To be a) Farmers with to the status prior to the crops will get total inform the original area within the determined Temporary loss of land use rights construction, and compensation land user and make project during land b) Farmers maintain the life of APs according to the corresponding implementation construction renting the land at the former level at compensation compensation. area or close period least. The compensation standard Maximum period of by area standard is CNY 600 /mu use is 2 years. (estimated as per year. 1,651.06 mu) Residence and HHs or APs 108 APs of 25 Cash compensation for Cash compensation Village and APs will Loss of property within losing buildings HHs with partial AHs, including residential paid to the owners of determine the residence/property the project or housing due impacts. No land, and housing, and housing/building and location of new implementation to demolition AHs suffer attachments. Cash attachments. If the residence. The
38 Applicable Entitled No. of entitled Compensation Implementation item Type of loss Compensation policy targets person/collective person/collective entitlement area or complete loss compensation for various AHs choose Cash contractor shall be affected by the and require housing type according Compensation and responsible for filling project relocation to the replacement cost Self-Relocation, the and leveling the (estimated as in Table 5-3. The moving compensation for area of new 3,888m2) compensation is CNY residential land shall residence and 1,000 per HH, the be paid to the AHs. If connect it to the transitional the AHs choose existing public compensation is CNY Resettlement on Site, facilities. 300 /month of standard the compensation for subsidy, and the residential land shall transitional period is six be paid to collective, months. and residential land shall be re-allocated to the affected households by the villages. Compensation Non-Farmland according to the RP. within the Rural collective Funds can be used Loss of non- project 9 project affected owning land Cash compensation Village collective for village Farmland implementation villages ownership development as area (estimated decided in a village as 1521.47 mu) committee meeting. All facilities within the project Cash compensation Proprietor receives Affected public implementation Proprietor of all Proprietor of all based on the market the total facilities area (no facilities facilities price and negotiation with compensation impacts have proprietor been identified yet)
39 Applicable Entitled No. of entitled Compensation Implementation item Type of loss Compensation policy targets person/collective person/collective entitlement Refers to the old and weak, The project will assist the women, children, villages and towns in the disabled, or 60 HHs with 233 meeting the demands of In the same Any affected those lacking persons the vulnerable groups, condition, enjoy the Assistance by person who is Vulnerable groups living ability, and belonging to the and each household will priority of project government also vulnerable the poverty vulnerable receive about CNY 3,000 compensation and department
HHs, HHs groups special subsidy for the assistance lacking labor or economic recovery of the with heavy vulnerable groups. burden
40 6 Income Restoration and Housing Resettlement Measures
6.1 Impact of Land Acquisition and Income Restoration Measures
6.1.1 Impact of and acquisition
117. The subproject involved permanent land acquisition of 1,942.77mu of rural collective land, including farmland of 403.3mu (20.76%), residential land of 14.11mu (0.73%), 1,514.01mu of unused land (77.93%), and forest land of 11.35mu (0.58%). The land acquisition will affect 616 persons in 149 households in 9 administrative villages of 2 towns of Tongxin County.
118. For the six affected villages, the farmland loss rate is 0.24%%. 61.75mu of land is acquired and the farmland loss rate is 0.52% in Zhang’ershui Village of Wangtuan Town, The main crops in Tongxin County are corn and potato Due to long-time drought, Tongxin is a county of severe water shortage. The land is cultivated only once a year and the output value per mu is CNY 400 per mu. The cost of production in Tongxin for is about CNY 200 per mu, the net income per mu is about CNY 200. Therefore, land acquisition will reduce the income of farmland by CNY 12,400 (0.52%) based on the highest farmland loss rate of Zhang’ershui Village, which is only 0.52% of the general income of CNY 2.23 million of this village in 2014. On the other hand, the AHs by land acquisition will lose CNY 2,320/year of income at the highest farmland loss rate of 6.73% (only one household in Gongjiawan Village has 11.6mu land acquired, with farmland loss rate of 6.73%), which accounts for 12.31% of the total household income (about CNY 19,000). The household will obtain the compensation of CNY 74,200, which is 32 times of the annual output value of the lost land. Therefore, the LA impact of the subproject will not be significant.
41 Table 0-1 Permanent Farmland Acquisition Impact
Before land acquisition After land acquisition Income loss Per Per Annual capital Per Affected Per capita capita Total AP of Village Farmlan income lost averag Affected Total HH populatio Farmla income loss Road Town Total net farm land farmlan d loss of affected e Village popula farm n of land nd loss of Villages HH incom land acquisiti d loss rate of village income tion land acquisitio (mu) (CNY/perso e (mu) on rate % AH % (CNY/villag loss of (mu) n n) (CNY) e) Villages % Qianhong 1,073 3,980 5,600 35,600 33.18 13 53 18.12 0.05 4.20 9,060 2 0.04
Zhang’ersh 138 698 4,200 11,900 86.23 24 99 61.75 0.52 2.98 30,875 44 1.05 ui Hujiahongw Wangtua 301 1,314 4,900 23,575 78.32 19 81 63 0.27 4.23 31,500 24 0.49 n an 137.6 Buzizhang 86 328 4,900 11,840 21 83 53.06 0.45 1.84 26,530 81 1.65 7 Wangt 160.0 uan- Abutiao 125 454 4,700 20,000 18 75 88.66 0.44 3.08 44,330 98 2.08 Yuwan 0 172.4 g Gongjiawan 78 276 5,580 13,450 6 27 68.23 0.51 6.59 34,115 124 2.22 Road 4 Qingyangqu 329 1,327 4,890 21,020 63.89 8 39 25.56 0.12 5.00 12,780 10 0.20 Yuwang an Nanguan 990 4,120 4,440 12,300 12.42 23 93 10.26 0.08 3.59 5,130 1 0.03
Nanyuan 722 2,671 4,920 17,271 23.92 17 66 14.66 0.08 3.60 7,330 3 0.06 166,95 Total 3,842 15,168 4,890 43.46 149 616 403.3 0.24 6.23 201,650 13 0.27 6 Source: Socioeconomic and physical impact survey in July 2016.
42 6.1.2 Income restoration plan and assistance measures
119. The land acquisition impact is limited no household will lose more than 10% of their farmland or income, and thus there is no significant impact on APs’ livelihoods. Consequently, the rehabilitation strategy focuses on income restoration rather than livelihood restoration.. The income restoration plan formulated is based on the will of the APs, impact degree and the feasibility of the potential options in each village. During the field consultation, cash compensation, agricultural resettlement with or without land readjustment, arranged jobs during the project construction and operation, assistance to non-farming employment and self- employment, social insurance approaches were discussed. Table 6-2 summarizes the preferences expressed by APs.
Table 0-2 Summary Sheet of Income Restoration Willingness of the Acquired Households Selection of income restoration willingness of AHs
No. No. Town Village of of Job Improve Non farm Self- Social AHs APs arrangement Agriculture employment employment Insurance by Project
Wangtuan Qianhong 13 53 4 3 2 5 13 Zhang’ershui 24 99 8 6 2 7 24 Yuwang Gongjiawan 6 27 2 2 1 2 6 Nanyuan 17 66 5 6 1 4 17 Total 60 245 19 17 6 18 60 Proportion (%) 31.67 28.33 10 30.0 100 Source: Socioeconomic and physical impact survey in July 2016.
(1) Cash compensation and distribution
120. The affected villages/village groups will be compensated in cash based on the standards discussed in Section 5, where compensation rate for farmland is CNY 6,400, residential land CNY 6,400, forest land CNY 4,480, and Unused land CNY 1,280 per mu respectively (refer to Table 5-2). The land compensation distribution from village to AP has two scenarios: 1) if the land is contracted to APs, 100% of the compensation will be distributed to APs directly; and 2) if the land is not contracted to APs, the compensation will be reserved for village infrastructure maintenance or improvement.
121. The compensation rate is very comprehensive compared the current land lease price. According to the current land-leasing price in the project area, dry farmland (the main armland type) is CNY 100-150/mu per year, depending on location for convenience of transport. The project compensation for dry farmland per mu is CNY 6,400 that is worth of land leasing price at the existing higher rate of CNY 150 for 42 years, annual average output value (CNY 600/mu) for 10.7 years and net income (CNY 500/mu) for 12.8 years. Due to limited land acquisition per household and high compensation rate, most of APs are not worrying about income loss caused by land acquisition because the compensation will free up there labor and the road will bring new economic opportunities.
43 122. Also, to ensure that the affected households use the compensation in a rational manner, Tongxin PMO and other related agencies will provide guidance and required training. The following are restoration options and assistance measures for households affected by permanent land acquisition.
(2) Improve agriculture
123. About 19 AHs chose agriculture restoration. They will use the cash compensation to improve the remaining land by increase of fertilizer use or change grain crops plantation to cash crops plantation such as ginger, garlic or edible wild herbs, and garden plant seedlings which require intensive labor and capital investment. It is estimated that the plantation of ginger, garlic or edible wild herbs will generate net income of about CNY 500-800 per mu compared to that of CNY 200 of grain plantation. The annual growth is about 30% to 100% a year. It will be easy to offset their economic loss caused by land acquisition.
(3) Arranged Jobs
124. About 17 APs expressed interest in job arrangement for this subproject. The Ningxia Transport Department and Tongxin PMO committed to give priority to employing APs for the job opportunities from this project. It is estimated around 30-50 unskilled jobs are only available during project construction, and 10-20 jobs during operation, including road maintenance, greening and cleaning. Their preferential treatment shall be implemented according to the provisions of Labor Law. All interested in the jobs will receive training. It is estimated a total of 17 APs will be trained. Table 6-4 summarizes the direct job opportunities from the project.
Table 0-3 Project employment information Proposed Planned Standard Projected Proposed Jobs No. targets workdays income income employment time (day) (CNY) (CNY) After the project Local Earth- moving 20 20 CNY 80 /day 32,000 starts (estimated villager from July 2017 to Local Logistical support 10 July 2018) villager 100 CNY 50 /day 50,000
Road Local 10 After project 200/year CNY 50 /day 100,000 maintenance villager completion (2018 Local Unskilled labor 10 onwards) 100/year CNY 80 /day 80,000 villager Local Total 50 villager Note: The remuneration for above jobs will be paid by day due to the existing financial system and job nature. The annual income of the position is predicted under full workload. Source: Socioeconomic and physical impact survey in July 2016.
(4) Non-farming employment/business
125. As the income loss per household from land acquisition is quite limited and agricultural income is no longer their main income sources, about 24 AHs (40% of total AHs) stated that they will spend the land compensation and saved time on non-farming employment or self- employment business to offset their income loss. The maximum per AP loss is CNY 2,320 per year (see 6.1.1), one month of non-farming employment at a common rate of CNY 80 per day would cover their annual income loss.
44 126. As discussed in Section 3, over 80% of the households’ main income is from non- farming sources and agricultural source is supplementary. Regarding labor input, four basic models are used in operating their Farmland: 1) by either female or the old family members left home to carry out agricultural plantation; 2) with the migrant family members who come back home during busy season to help with planting or harvesting, 3) by giving land to relatives to plant without charge, or 4) leasing out the land convenient for irrigation and transport at a price of CNY 100-150 per mu per year. Before year 2000, almost all households adopted the first two models, but now more and more households adopt the last two models to avoid interruption to their non-farming migrant jobs. For female left at home, they are willing to spend their saved time in either handicraft or finding local non-farming jobs. The surveyed households expressed their interest in non-farming jobs stimulated by the road improvements and hoped the project can provide market information and skills about handicraft, local non-farming jobs or business opportunities (including transport services). Base on AHs’ income restoration preferences, 60 AHs with 245 persons need relevant skill training which has been provided for in the budget of this RP.
(5) Training
127. Based on the above restoration options chosen by the AHs, training programs will be designed to meet the specific needs and preferences of AHs.
128. For the households that choose agricultural improvement measures, agricultural technical training such as gardening plant seedling producing, fruit tree plantation and other cash crop plantation will be provided as required.
129. For the non-farming employment, skill training will include landscaping, house decoration, handicraft production, car repair, transport services and other skills. It is estimated that about 60 AHs with 245 persons require such training.
130. Special training to the affected households will be designed according to their final selection of non-farming business.
131. Additionally, training in the form of farmer-back-farmer training will be organized. The farmers with skills in cash crops could be invited to share experiences and skills to the new growers in the same or other villages. It will be useful to organize study tours to other villages for APs who are interested in planting new cash crops. It will either be organized by Tongxin PMO directly or by entrusted government agencies such as agriculture bureau, forestry bureau, or women’s federation. In terms of non-farm training, it will be delegated to labor and social insurance bureau.
132. A total of CNY 80,000 has been budgeted in the RP. The ttrainees shall receive three skill trainings at least before completion of project in 2018.
Table 0-4 Training Plan for Project Implementation Year Target Scope Agency responsible Budget 245 Gardening plant seedling plantation, PMO, About 80,000 CNY people in fruit tree or other new cash crop women’sfederation, included in project 2016- total, plantation, handicraft production, labor and social RP budget in 2018 including farm machinery, motorcycle or other security bureau, addition to local 130 vehicle repair, stonecutter, painter, agriculture and government fiscal females concrete worker, waterproofing forestry bureaus funds.
45 and 115 worker, masonry worker, house males decoration worker, etc. Source: Field Socioeconomic survey and survey on physical impact in July 2016.
(6) Social insurance
133. All affected households expressed their interest in social insurance. However, the endowment insurance for land-expropriated farmers (LEF) only targets at eligible households. The land acquisition of the component is linear, so there are few opportunities to create LEF. No endowment insurance will be provided if there are no eligible APs. However, the APs are encouraged to participate in the general pension and insurance.
134. To guarantee the vulnerable groups livelihood restoration, MLSS will be made available for officially identified poor. Other insurance options are optional and subject to APs voluntary decision. Since APs will receive cash compensation, they will have an opportunity to participate in voluntary programs; this may be attractive for older farmers.
135. As mentioned above, this project provides land acquisition farmers with diversified relocation measures, which widely covers affected households. See details in Table 7-5.
(7) Special assistance to vulnerable families
136. The following special assistances are provided for the identified vulnerable families: (i) Priority will be given to arrange jobs.One member from each household will be guaranteed an arranged job. (ii) Preferential credit will be provided if needed to develop non-farming business such as purchase of vehicles for transport business, repair shop, small business of buying and selling, or change from grain plantation to gardening plant seedlings or fruit trees as requested. (iii) Specific training will be provided as desired including farmer to farmer exchange visit. (iv) Special measures for vulnerable group will be provided to them too as described in Section 6.3.
6.2 Demolition and Housing Plan
6.2.1 House Demolition Impacts and Relocation options
137. The subproject will involve demolition of 3,888 m² of housing, including 3,685 m2 brick- wood structures and 203 m2 earth-wood structures. 25 households with 108 people will be affected by the demolition. Among the AHs, 16 are from Qianhong Village in Wangtuan Town, 6 are from Hujiahongwan Village, and 3 are from Nanyuan Village in Yuwang Town. The houses are partially demolished. The affected houses are not in good condition in terms of indoor facility, structure, and surrounding facilities. Guided by the principles of the replacement costs and no depreciation, most APs consider that the subproject provides reasonable compensation as described in Section 5. No HH suffers complete house demolition, and the AHs will lose no more 50% of their housing area but they have sufficient land to rebuild new rooms/buildings on the existing site.
46 138. Guided by the principles of housing demolition and resettlement in this resettlement plan and after negotiation with affected people and relevant organizations in the village and town, a preliminary demolition and resettlement scheme was formulated as shown in Table 6-5:
47 Table 0-5 Demolition Scheme of Residential Houses Original Degree Family Brick- Earth- Head of housing Demolished of loss Town Village Size wood wood Relocation scheme household area (㎡) area (㎡) % (㎡) (㎡)
Qianhong Yang De’an 3 380 160 42 160 0 As the 25 Qianhong Yang Yanxiu 4 380 180 47 180 0 demolished Qianhong Yang Younu 3 380 160 42 160 0 households are Qianhong Yang Jian 4 380 150 39 150 0 partially affected by housing demolition, Qianhong Yang Dezhong 2 380 150 39 150 0 the compensation Qianhong Yang Dehai 4 380 160 42 160 0 and relocation schemes are based Qianhong Yang Yuan 5 380 160 42 160 0 on: Qianhong Yang Deke 4 380 150 39 150 0 1. Currency Qianhong Yang Youkuan 5 380 170 45 170 0 compensation, resettlement by 47 0 Qianhong Yang Zhanlin 6 380 180 180 themselves. Qianhong Li Zhengsheng 3 380 150 39 150 0 2. Currency Wangtuan compensation. Qianhong Yang Youlan 2 380 140 37 140 0 Village collective Qianhong Yang Jun 4 380 150 39 150 0 directly appropriate Qianhong Ma Ziwu 6 380 170 45 170 0 land with the corresponding area 42 0 Qianhong Yang Youlong 2 380 160 160 for constructing new Qianhong Yang Cai 4 380 180 47 180 0 houses. The Hujiahongwan Wang Youmin 5 380 80 21 80 0 compensation standard is CNY Hujiahongwan Wang Yougui 6 380 100 26 100 0 600/m2 for brick- Hujiahongwan Hu Yugui 7 380 150 39 80 70 wood structure, and CNY 310/m2 for 42 Hujiahongwan Hu Rumao 5 380 160 80 80 earth-wood Hujiahongwan Hu Ruzhong 6 380 165 43 165 0 structure (cash Hujiahongwan Hu Xiaowu 5 380 143 38 90 53 compensation). Nanyuan Ma Xiaojun 4 480 160 33 160 0 Yuwang Nanyuan Ma Xiaohu 6 480 220 46 220 0 Nanyuan Ma Jianzhong 3 480 140 29 140 0
48 Original Degree Family Brick- Earth- Head of housing Demolished of loss Town Village Size wood wood Relocation scheme household area (㎡) area (㎡) % (㎡) (㎡)
Total 25 108 9,800 3,888 39 3,685 203 Source: Field Socioeconomic survey and survey on physical impact, July,2016.
49 6.2.2 Other subsidy policy
139. The affected households will be entitled the following rights and interests. (i) Preferential labor training; (ii) Benefits from the social security policy in project implementation area including eligible personnel into Endowment Insurance LEF in Gu; (iii) Access to the suitable jobs created by the project directly and indirectly, including jobs under project implementation agencies and jobs relating to enterprises attracted into the project area.
6.3 Measures for Vulnerable Groups
140. A support fund for vulnerable groups (60 AHs with 233 people) of CNY 180,000 will be established under the project to support vulnerable groups affected by the project. The main affected vulnerable groups are the poor, single parent family and women-led family, Wubao (five-guarantee households), households affected by disability and illness. A series of additional measures have been put in place to help them with income restoration, livelihood improvements and/or house relocation restoration.
(i) Giving priority to vulnerable groups in resettlement measures
a) Land acquisition affected households:
141. Priorities will be given in obtaining replacement land through allocation of reserved land, or through land transfer if the vulnerable AH chooses to restore their income through agricultural measures;
142. The households with a labor force will be given priority in skill training and priorities given in provision of arranged jobs by the project and local government. Eliminating zero employment of poor households (with a labor force) is the target of government poverty alleviation; it will also be the target of this project.
143. Include all eligible AH into social insurance. The new rural social insurance will be an optimal option for the AH on a voluntary basis.
b) House demolition affected households: (i) Priorities will be given to vulnerable group to choose resettlement locations. (ii) A one-off advance moving reward of CNY 3,000 will be provided to vulnerable households after they show relevant valid certificates. (iii) Minimum size housing (25 m2/person) will be guaranteed for the poor (assistance can be provided for housing materials and labor costs).
(ii) Including eligible vulnerable groups in MLSS as a priority
144. According to the MLSS policy of residents of Tongxin County, eligible vulnerable groups affected by the Project will be included in the MLSS in time and receive MLSS benefits so as to ensure that the average per capita income of each rural AH is not less than CNY 200 per month.
(iii) Providing rural medical assistance to eligible vulnerable groups
50 145. Rural medical assistance will be provided to eligible vulnerable groups to solve their difficulty in receiving medical care. Tongxin County People’s Government will provide medical assistance for the rural residents in line with the policies.
6.4 Women’s Development Measures
146. During the resettlement process, women’s rights and interests will be fully protected, and women will play an important role in socioeconomic and resettlement activities.
147. Ensuring women’s equal rights: During the preparation of RP, separate meetings were held with female representatives of APs and the Women’s Federation in order to allow women to express their needs, expectations and suggestions on resettlement and restorations measures. Most of them including women-headed households stressed their concerns, namely: (i) receiving compensation on time; (ii) selection of resettlement mode and housing land, (iii) improving agricultural production with limited farmland; and (iii) operating small businesses at home or at agricultural product fairs or markets with either the compensation or small loan which will be provided by the project. Measures to address these concerns have been included in the RP.
148. Training priorities to women with preferential training methods and content: As women have relatively lower education levels and experience generated in migrant jobs, they have less available employment and income generation choices than men. Training is particularly crucial to them in developing new income sources given to opportunity generated from the industrialization and urbanization development. They hope to have not only agricultural skill training on horticulture, fruit tree caring, but also non-farming skills with handicraft, urban employment skills such as hotels, restaurants, shopping malls, and skills working in factories e.g. garment factories. Their training needs have been designed in this RP and training budget has been reserved (refer to Section 6.1). The subproject will ensure that 50% training opportunities are provided for the affected females. The Women’s Federation representatives together with the employer agencies will further consult with women to detail the training design on methods and contents.
149. Providing and assisting women to apply for the project-generated job opportunities: For those who are interested in participating in project job opportunities, Women’s Federation staff at the township and village levels will be responsible to inform them of job opportunities in advance and facilitate women to apply for the employment. Basic skill on landscaping and other relevant skill training will be provided prior to recruitment.
6.5 Recovery Plan of Ground Attachments and Special Facilities
150. To minimize disruption to residents, detailed surveys have been done and the budget has been included in the RP budget. The relevant line agencies will be responsible for detailed relocation planning and rebuilding electric power and communication facilities. 7 Institutional Arrangements
7.1 Institutional Arrangements
151. Since resettlement is a very comprehensive task that needs the assistance and cooperation of various departments, relevant departments including transportation department, department of land and resources, department of finance, etc. shall participate in and support resettlement implementation. Each affected town/township or village has one or two chief
51 leaders responsible for resettlement. The agencies responsible for the LA and the HD in the Project are: (i) Leading Group for Poverty Relief Road Project with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region (ii) Project Management office for Poverty Relief Road with ADB Loan of Transportation Department of Ningxia Hui Autonomous Region (iii) Tongxin County Transport Bureau (implementing agency which also has a PMO) (iv) Tongxin County Project Resettlement Office of Poverty Relief Project with ADB Loan (v) Project town/township governments (vi) Village committees (vii) Project design institute (viii) External monitoring and evaluation agency (ix) Other departments: Land Resources Bureau (LRB), Demolition and Relocation Office, Women’s Federation, Labor and Social Security Bureau. (x) The Organizational Chart is shown in Figure 7-1. Ningxia Transportation DepartmentProject Leading Group with ADB loan
Project Management office with ADB Loan of Ningxia Transportation Department
Tongxin Transportation Bureau
Internal monitoring Project Tongxin Project Resettlement Office design institute
Town/township Governments External monitoring Village/ Community committees Community
Affected people
AH byHD AH by LA Infrastructure
Figure 0-1 Project Relocation Organizations
52
7.2 Organizational Responsibility
(i) Leading Group for Poverty Relief Road Project with ADB Loanof Transportation Department of Ningxia Hui Autonomous Region
152. Leading Group for Poverty Relief Road Project with ADB Loanof Transportation Department of Ningxia Hui Autonomous Region is the executing agency for the overall deployment of the Project and solving major issues. The group includes Comprehensive Planning Department and Road Management Department, and is led by Deputy Director of Transportation Department of Ningxia Hui Nationality Autonomous Region.
153. Ningxia PMO is the working body of Ningxia Hui Autonomous Region Project Leading Group as coordinating agency in charge of applying for ADB loan, coordinating the formulation and implementation of RP, monitoring and evaluation of the RP implementation.
(ii) Leading Group and Management Office of Poverty Relief Project with ADB Loan of Tongxin County
154. Tongxin County People’s Government is the implementing agency of the project. Tongxin County PMO is the key working body of Tongxin Leading Group set up in Tongxin County Transport Bureau, responsible for the project management, coordination, supervision, direction, quality assurance and annual planning, and the follow-up monitoring of the implementation, reporting to Ningxia Hui Autonomous Region Project Leading Group regularly. The main responsibilities in resettlement include organizing the resettlement work of the project, developing the local policy on resettlement activities, coordinating relations among resettlement agencies at all levels, coordinating the work of the bureaus concerned at the preparation and implementation stages, and making decisions and consultation on major issues arising from construction and resettlement.
(iii) Tongxin County ADB Loan Poverty Reduction Road Project Resettlement Office
155. Tongxin County ADB Loan Poverty Reduction Road Project Resettlement Office, consisting of 4 persons, responsible for identifying and confirming the quantity of land acquisition and house demolition, special facilities and ground attachments, conducting the DMS and saving data; assisting in preparing the RP and implementing RP; selecting resettlement officials for operational training; organizing public consultation, and communicating resettlement policies; directing, coordinating and supervising LA and resettlement activities and progress; disbursing resettlement costs according to the agreement and handling grievances of APs; assisting and supervising the affected villages’ carrying out economic rehabilitation plans and ensuring the income restoration of the affected people; carrying out internal monitoring, preparing internal monitoring reports and reporting to Tongxin County PMO.
(iv) Town/township Government
156. The town/township resettlement offices, headed by each Town/township leader are comprised of key officials of the land and resources office, police office, civil affairs office and villages. The main responsibilities are:
(i) Participating in the survey of the Project, and assisting the preparation of the RP. (ii) Organizing public participation, and communicating the resettlement policies;
53 (iii) Implementing, inspecting, monitoring and recording all resettlement activities within the town; (iv) Settling the house demolition and reconstruction; (v) Responsible for the disbursement and management of land compensation fees; (vi) Supervision of LA, HD, income restoration and house reconstruction; (vii) Reporting LA, HD and resettlement information to Tongxin Project Management Office; (viii) Coordinating and handling conflicts and issues arising from its work.
(v) Village committees and village groups
157. The resettlement working team of a village committee or village group comprises its key community leaders and representatives of APs and with authorization of villagers’ convention. Its main responsibilities are: (i) Participating in the socioeconomic survey and DMS; (ii) Assistance in preparing the Relocation and Resettlement Plan; (iii) Organizing public consultation, and communicating the policies on LA and HD; (iv) Organizing village meetings in discussing the proportion of compensation distribution to APs and supervision of the use of collective compensation funds in a village, (v) To choose resettlement sites and distribute housing land for relocated families; helping APs to get house construction approvals, (vi) Organizing the implementation of agricultural (including reserved land redistribution) and nonagricultural resettlement activities; (vii) Reporting the APs’ opinions and suggestions to the relevant authorities; (viii) Providing assistance to relocated households with difficulties, particularly the vulnerable families (ix) Supervising land acquisition, housing and ancillary facilities demolishing and reconstruction; (x) Reporting the progress in land acquisition and resettlement; (xi) Preparing clearance letter to confirm the facility and infrastructure have been restored and meet their requirement.
(vi) Agency undertaking RP formulation
158. Shaanxi Academy of Social Sciences has been entrusted by Ningxia Hui Autonomous Region PMO to formulate the RP. The responsibilities include: i) formulating the RP and ii) providing training to the RP implementation staff of PMO in provincial, county and township level.
(vii) Internal supervision agency
159. Tongxin County PMO sets up an internal supervision office for land acquisition and resettlement, consisting of 2 persons. The duty of the office is to guarantee all the land acquisition and resettlement officers can fulfill their tasks, carry out the requirements of the RP, and guarantee all the affected people can get their rights and interests.
(viii) Design Institute
160. At the planning and design stage, it will survey the physical indicators of LA and HD, environmental capacity, usable resources, etc. accurately, and assist the governments in the
54 Project area in developing resettlement programs, preparing budgetary investment estimates for compensation for LA and HD, and preparing the relevant drawings. At the implementation stage, it will submit the design documents, technical specifications, drawings and notices to the owner, make design disclosure to the PMOs of all levels.
(ix) External monitoring and evaluation agency
161. Executing agency will invite qualified M&E institutes as external M&E agency. The main responsibility includes: (i) Monitoring all aspects of resettlement planning and implementation as an independent M&E agency, monitoring and evaluating the effectiveness of compensation, resettlement and income restoration measures for the APs, including women and vulnerable APs, and submitting M&E reports to NPMO and ADB semi-annually; (ii) Providing technical advice to the Resettlement Office in data collection and processing. (iii) Follow the TOR for external M&E (see Annex C). 7.3 Staffing and Equipment
7.3.1 Staffing
162. In order to ensure the successful implementation of the RP, all resettlement agencies of the project have been provided full-time staff, and an efficient communication channel has been established.
7.3.2 Equipment
163. All resettlement agencies of the Project have been provided basic office, transport and communication equipment, including desks and chairs, PCs, printers, telephones, facsimile machines and vehicles.
7.3.3 Organizational Training Program
164. In order to ensure the successful implementation of the resettlement work, the resettlement staff will be provided training. As Ningxia Hui Autonomous Region Transport Department has implemented previous ADB and World Bank projects, they are familiar with both ADB and PRC resettlement policy and procedures, and therefore do not need much training. In contrast, the staffs in county RO, Town RO and village levels is experienced with PRC resettlement policies and procedures, but are not familiar with ADB policy and procedures. Therefore the training will focus on county level and lower.
165. A staff training and human resources development system for the county, township, and village level resettlement agencies will be established. Training will be conducted in such forms as expert workshop, skills training course, visiting tour and on-site training.
166. The scope of training includes: (i) ADB’s Safeguard Policy Statement (involuntary resettlement policy) (ii) Differences between ADB and PRC polices, (iii) Resettlement implementation planning and management (iv) Key points require attention during RP implementation (v) RP implementation M&E
55 (vi) The training budget for resettlement agencies is CNY 50,000 which has been included in the technical training budget.
56 8 Resettlement Budget
8.1 Resettlement Budget
167. Based on the price in 2016, the resettlement costs covered by this RP are CNY 15,702,900, including basic costs of CNY 8,713,900. Seeing from the influence category, permanent collective land acquisition costs are CNY 4,902,100, housing demolition costs are CNY 2,343,900, compensation fees for ground attachments are CNY 477,300, and compensation fees for temporal land occupation are CNY 990,600.
168. Other fees include RP formulating fee and monitoring fee of CNY 150,000, supporting fund for vulnerable groups of CNY 180,000, land acquisition fee of CNY 5,131,400, technical training fee of CNY 100,000, and contingencies of CNY 1,427,600. See table 8-1 for details.
Table 0-6 Resettlement Budget Total amount Quantity Proportion No. Budget Item Unit Standard (CNY) (CNY (unit) (%) 10,000) Basic relocation CNY 1 Total of 1.1-1.5items \ 871.39 55.49 costs 10,000 Permanent land CNY 1.1 \ 490.21 31.22 acquisition 10,000 CNY 1.1.1 Farmland 6,400 403.3 258.11 /mu CNY 1.1.2 Residential land 6,400 14.11 9.03 /mu CNY 1.1.3 Forest land 4,480 11.35 5.08 /mu CNY 1.1.4 Unused land 1,280 1514.01 193.79 /mu Subsidies for young CNY 1.1.5 600 403.3 24.20 crops /mu Compensation fee 1.2 600 1,651.06 99.06 6.31 for temporary land Compensation fee CNY 1.3 for housing 234.39 14.93 10,000 demolition Rural brick-wood 2 1.3.1 m 600 3,685 221.10 structure 1.3.2 Earth-wood structure m2 310 203 6.29 Fee for temporary CNY 1.3.3 300×6 25 4.5 resettlement /HH CNY 1.3.4 Moving subsidy 1,000 25 2.5 /HH Compensation for CNY 1.4 ground ancillary 47.26 10,000 facilities 3.01 Removal signboard, 1.4.1 Each 500 41 2.05 advertising board Kilometer pile, stone 1.4.2 Each 50 522 2.61 tablet, etc. 1.4.3 Well Each 300 17 0.51
57 Total amount Quantity Proportion No. Budget Item Unit Standard (CNY) (CNY (unit) (%) 10,000) 1.4.4 Brick wall fence M 170 268 4.56 1.4.5 Soil wall fence, etc. M 30 1898 5.69 1.4.6 Cave dwelling Each 1,000 23 2.3 1.4.7 Gate, etc. Each 500 1 0.05 1.4.8 Cistern, etc. Each 1,000 98 9.8 mixed trees, 1.4.9 φ<10cm Each 28 3,815 10.68 etc. mixed 1.4.10 10<φ<30cm Each 42 334 1.4 trees mixed trees, 1.4.11 φ>30cm Each 56 40 0.22 etc. 1.4.12 Nursery Mu 2,800 16.46 4.61 1.4.13 Fruit tree Each 200 139 2.78 Compensation fee 1.5 CNY 0.47 0.03 for special facilities 1.5.1 Illuminating line Each 120 23 0.27 Telecommunication 1.5.2 Each 280 2 0.056 line 1.5.3 Cast iron buried pipes M 26 50 0.13 1.5.4 PVC water pipe M 18 10 0.018 Support fund for 2 CNY 18 1.15 vulnerable groups RP formulating and 3 CNY 15 0.96 monitoring fee Fee for formulation of 3.1 CNY 5 RP M&E cost for 3.2 CNY 10 relocation Training cost for 4 CNY 10 0.63 affected people Taxes related to land 5 CNY 513.14 32.68 acquisition Farmland occupation CNY 5.1 3,333.5 403.3 134.44 tax /mu Farmland reclamation CNY 5.2 2,666.8 403.3 107.55 fee /mu Forest land vegetation CNY 5.3 2,000.1 11.35 2.27 recovery fee /mu Paid use fee for CNY 5.4 newly-added 6,667 403.3 268.88 /mu construction land 6 Contingencies CNY (10% of item 1-5) 142.76 9.09 2~6 Subtotal CNY 698.9 44.51 7 Total CNY 1,570.29 100
58 8.2 Resettlement investment plan and source of fund
169. The source of resettlement funds is Tongxin County government financial supporting funds and domestic loans. Before or during the construction phase, the investment plan will be implemented in stages in order to not affect the production and livelihood of the affected households. See details in Table 8-2.
Table 0-7 Resettlement Investment Plan Year 2016 2017 Total Amount of investment (CNY 10,000) 942.17 628.12 1570.29 Proportion (%) 60 40 100
8.3 Management and Disbursement of Resettlement Funds
170. Land compensation fees and resettlement subsidies should be used in full consultation with the APs; young crop fees are paid directly to the affected persons; compensation fees for infrastructure and attachments are paid to the affected entities or individuals.
171. To ensure that the resettlement funds are available both timely and completely, and the APs’production, livelihoods and income are restored, the following measures will be taken: (i) All costs related to this RP shall be included in the total budget of the project. (ii) Land compensation fees and resettlement subsidies shall be fully paid up before land acquisition, so as to ensure that all affected people are properly resettled. (iii) For AH who choose cash compensation, 50% of compensation fees for HD shall be paid to the APs upon execution of the HD compensation agreement, and the balance shall be paid upon house handed over For AH who choose unified relocation option, balance of the compensation by deduction of the new house price will be paid at one time after the agreement is signed. For AHs who choose reconstruction of houses by themselves, new housing plot will be allocated by village committee or township government when the agreement is signed, and all compensation will be paid when the AH hands over or vacates the house. If a plot/unit is provided, that compensation can be deducted. The minimum transition allowance will also be provided at handover/vacation of the house, and transition allowance will also be provided. (iv) To ensure the smooth implementation of land acquisition, relocation and resettlement, the finance and supervision institutions at all levels will be established to ensure that all funds will be paid both timely and completely. (v) The resettlement costs may be increased due to the increase of the compensation standards and price inflation, but the Tongxin County Government will ensure that compensation fees are fully paid.
172. Figure 8-1 shows the resettlement funds distribution flow.
59 Local finance allocation of counterpart funds
LA Compensation Compensation fees for HD fees agreement and payment of ground ancillary facilities and Infrastructure
Relevant unites or 50% of relocation individuals fees crops Fees young for Hand over/vacate APs house Direct payment Resettlement subsidy The balance Land Compensation fees should be paid Village committee ask for vi Payment before llager's opinions through LA village meetings
Figure 0-2 Resettlement Funds Flow of Distribution
8.4 Approval of Budget Increase
173. The project implementation unit has the authority to adjust the budget among categories and the use of contingencies within the budget. Costs exceeding total RP budget should be reported to Ningxia Hui Autonomous Region Development and Reform Commission and Financial Department of Ningxia Hui Autonomous Region by the project office and the increase of the budget subject to the approval. The whole process shall not be more than one month. 9 Public Participation and Grievance Redress
9.1 Public Participation
174. According to relevant policies and regulations of ADB, the PRC, Transportation Department of Ningxia Hui Nationality Autonomous Region and Tongxin County, it is required to conduct public participation at the preparation and implementation stages in order to protect the lawful rights and interests of the APs, reduce grievances and disputes, and realize the resettlement objectives. It is necessary to develop a sound framework and implementation rules, preparing an effective RP, and organizing proper implementation.
9.1.1 Stakeholder identification and information disclosure
175. The main stakeholders refer to the groups directly affected by or involved in the project, including: (1) those suffering land loss and property loss; (2) the villages to be benefited in the project area; and (3) all organizations and companies directly participating in project construction and operation,including the construction contractor.
60 176. Other stakeholders include government organizations participating in the project activities as well as the people who are interested in the project and also participate in the relevant project activities in the process of land acquisition and demolition.
177. Early stage information disclosure will be through agencies involved in project design and administrative line agencies at various levels. The main content includes project rationale, scope, road standard, alignment selection, and potential affected people by land acquisition and house demolition. During the PPTA phase, information disclosure occurred mainly through project management office at provincial and county level, and survey teams of RP, poverty and social analysis and environment assessment. Key information including resettlement principles and compensation standard, resettlement options and assistance measures, and up to date negotiation process and results were shared with the APs. Future information disclosure will be conducted through information booklet distribution and website, village bulletins and public media as well as through public consultation. Key information related to compensation standard, implementation schedules, resettlement budget and funds flow, organizational responsibility and contact persons, grievance redress, and internal and external M&E are included in the booklet and will be distributed to all affected households in mid July 2016. Project implementation progress will also be disclosed to the APs and posted in village bulletins. The draft and final RPs will be posted on ADB website and made available to APs in the Town ROs and affected villages.
9.1.2 Participation during project preparation
178. At the feasibility study, PPTA phase, intensive consultations with stakeholders have been conducted with project executing agency, focusing on project scope and component, the alignment selection/shaping, design standards, and alternatives of reducing affected population. During the PPTA,surveys were undertaken from April to July 2016. A total of 500 households in four villages (directly affected households and indirectly affected households) were surveyed. In addition, a total of 10 key informant interviews, focus group discussions and 3 consultation workshops have been held with women, the poor, the elderly and village representatives in the project area. Over 800 people were interviewed/surveyed or consulted in the process. The participants include individual villagers, village leaders, worker and government institution like Transportation Bureau, Development and Reform Committee. The quantitative and qualitative material provided in evaluation, investigation and discussion were used to formulate Resettlement Plan and other documents according to policy requirements of ADB and the PRC.
61
Figure 9-1 Public survey site
179. Methods and tools used include (i) field visits to collect basic information on the project impact from project beneficiaries and APs; (ii) household survey to understand family situations, livelihood status and living conditions; (iii) focus group discussion to learn expectations and requirements of affected people; (iv) interviews with representatives of households, villages or communities to find potential impacts, coping strategies and demands for support; (iv) interviews with government agencies, development organizations and industrial parks to identify existing programs that can help the poor to take advantages of the project benefits, and (v) workshops were held to collect feedback on the draft RP.
180. The consultation during project preparation shows in Table 9-1 for details. The resettlement information booklet (RIB) has been formulated, and will be distributed in July 2016. The updated RP is subject to the detailed measurement and survey, and will be handed over to ADB for approval before the land acquisition and resettlement and issuing of civil engineering contract. Meanwhile, the updated RP will be disclosed to the APs and published on the website of ADB.
Table 9-1 Public Participation during Project PreparationͣFinishedͤ Time Organizer Participants Objective comments and contents Project Affected people, Feasibility town, village Report leaders, formulation engineering Project Introducing project background institute, personnel, local feasibility and purpose Foreign agency of traffic study, on-site Site selectionshould minimize Capital management 2015.4~2016.3 inspection and Farmland Division of organization in preliminary Route selection should minimize Transportation project assessment of impact on APs Department of implementation project impact Ningxia Hui county and district Nationality Autonomous Region
62 Time Organizer Participants Objective comments and contents Design Assisting project impact survey personnel, Villager representatives Shaanxi expressed strong needs of the Academy of project and proposed suggestions Relevant Social Relocation for route adjustment government Science, plan Socioeconomic survey and agencies, villager Foreign preparation, investigation on resettlement representatives 2016.4~2016.5 Capital socioeconomic households and grass-roots Division of survey of cadres Transportation resettlement
Department of impact
Ningxia Hui Nationality Autonomous Region Shaanxi Relevant Academy of government Social agencies and Science, villager Foreign representatives Capital Preparation of Negotiate compensation plan and Division of 2016.4~2016.5 income incomerecoveryplan Transportation recovery plan Department of Ningxia Hui Nationality Autonomous Region, Tongxin PMO Tongxin PMO, Affected towns, Public Shaanxi villages and consultation 1) Distribution and allocation Academy of villagers and survey on method of compensations for Social resettlement land acquisition Science option 2) Distribution method and use of land reserved for placement 3) Impact degree of land acquisition and demolition on the income of AHs 4) Development planning of affected villages 5) Employment status and employment resettlement 2016.4~2016.5 willingness of AHs 6) Training needs of AHs 7) Current status and willingness of AHs for endowment insurance 8) Relocation method selection of AHs 9) Relocation site selection ofAHs 10) Suggestions of APs on the form of housing construction and infrastructure construction 11) Women’s unique role in resettlement
63 Time Organizer Participants Objective comments and contents Tongxin PMO, Affected towns, Public Shaanxi villages and Land acquisition and demolition consultation 2016.7.11~2016.7.13 Academy of villagers data verification with local and situation Social government and villagers on site verification Science Source: from Tongxin PMO.
9.1.3 Participation plan during implementation
181. Along with project implementation, the Tongxin PMO and RO will conduct further public participation. The arrangement of public participation is shown in Table 9-2.
Table 9-2: Project Public Participation Scheme Objective Approach Time Agency Participant Topic Disclosing draft Village 2016.7 Tongxin APs, town, Compensation Resettlement Plan announcement County PMO village and standard, and information and villagers village group complaint booklet meeting channels, etc. Disclosing draft Website 2016.7 ABD website Tongxin PMO Compensation Resettlement Plan and ADB standard, complaint channels, etc. Land acquisition Village 2016.10 Tongxin All APs Announcing land announcement announcement CountyPMO, acquisition area, and villagers DRB, LRB, compensation meeting Highway standard, Bureau in resettlement affected method, etc. counties, LRB and town, village leaders Announcement for Village 2016.10 Tongxin All APs Compensation compensation and announcement CountyPMO, amounts and resettlement and villagers DRB, LRB, mode of scheme of land meeting Highway payment acquisition Bureau in affected counties, LRB and town, village leaders Detailed Field survey 2016.11~ TCPMO, All APs Confirm the final Measurement 2016.12 DRB, LRB, affection quantity Survey (DMS) Highway Bureau in Details of assets affected of loss and the counties, LRB occupied land of and town, resettlement village households
64 Objective Approach Time Agency Participant Topic leaders Preparation of the basis contract for compensation agreement Prepare final RP Village 2016.12~ Tongxin APs, town, Detailed impact based on detailed announcement 2017.1 County PMO village and numbers, AHs, design and DMS and villagers village group compensation and disclose meeting standards and RP budget Confirming income Villagers Before JCPMO, All APs Discussing the recovery plan and meeting implementation DRB, LRB, final scheme for its implementation (several times) Highway income recovery Bureau in and usage affected scheme for counties, LRB compensation and town, village leaders
Training plan Villagers 2016.10~2017.5 LSPB, town All APs Discussing the meeting and village training needs leaders Monitoring Villagers 2017.3~2019.6 Town, village All APs 1) Resettlement participates in leaders progress and meeting impacts 2) Payment of compensation 3) Information disclosure 4) income restoration Source: From Tongxin PMO.
9.1.4 Adaptation of RP based on public opinions
182. According to public consultation done by RP survey team of SASS, PPTA consultants, andTongxin PMO, some reasonable opinions and suggestions of the affected people are included in the resettlement plan as follows:
(i) The views and concerns towards the project have been included in the RP. (ii) All resettlement options fully reflect the needs and wishes of APs. (iii) Based on the survey results, the compensation standard for housing demolition was then updated based on the current local market replacement price4. The updated compensation standard has been greatly increased compared with the existing rate of the government documents, compensation is made in strict accordance with the market replacement price, and the compensation standard compared with that in other government projects is increased, ensuring the implementation of ADB’s resettlement guarantee policy and benefits of AHs.
4 According to current effective regulations, the compensation rates for HD range from CNY 210/m2 to CNY650/m2. The consultations and field survey shows that they are not adequate to rebuild the house now with development of local economics. The rates therefore are improved for the subproject. See details in Table 5-3 in Section 5.5.
65
In the public consulting activities, besides publishing project implementation information to the masses in the affected areas, opinions of the masses to project implementation are also collected and mainly conclude the following contents:
1) Since the project is implemented in the mountainous rural areas with poor highway condition and natural condition, it has a positive effect on improvement in the travel conditions of the local masses. Hence, the local masses that receive the consultation require the project can be implemented as soon as possible, so that they could benefit as soon as possible; 2) The masses hope that, after project implementation, the project could absorb as many as local masses to render services for the project, such as earthwork, transport of building materials, etc.; and the women hope to be involved in life service of project constructors.) Most of the APs think training activities are necessary if possible. For instance, the masses wish to pursue agricultural production expect the training on agricultural skills, or relevant trainings on planting good agricultural varieties and increasing the value of agricultural production; women expect the training on handicraft and housekeeping; and some masses wish the skill training on e-commerce.
9.2 Grievances and Redress
183. To ensure rehabilitation and improvement of the affected persons’ production, livelihood and living conditions, the provincial and county PMO closely consulted with the affected persons to reduce complaints. A mechanism is set up to provide AP with opportunities to complain and to solve problems during implementation.
9.2.1 Grievances
184. Contents of grievances include any aspect of resettlement, for example, house compensation, quantity of assets, land compensation, selection of housing sites, and income loss, relocation fees and compensations during house rebuilding, temporary land occupation, other construction impacts, etc.
9.2.2 Grievance Procedures
185. The public participation is always encouraged in the process of compiling and implementing the RP. No substantial dispute is expected to arise; however there may be some unforeseeable problems that occur in the process. In order to solve such potential problems effectively and ensure the project construction and land acquisition to be carried out successfully, a transparent and effective appeal channel has been set up.
186. The grievance procedures will be operative throughout the entire construction period so that they can be used by villagers to deal with problems relating to infrastructure rehabilitation, such as the reconstruction of irrigation networks, the positioning and design of drainage culverts, local road access, the use of temporary land, etc. In this way villagers will have an effective procedure to bring these matters to the attention of Tongxin PMO and the contractors, as well as a forum, for their timely resolution. As an additional measure, village leaders will be provided with a name and contact point (e.g. Telephone number), to whom they can raise matters relating to the road construction as and when they arise.
66 187. The basic procedure of the grievance solution is: APs-Village committees - town resettlement office - Township or town government- county resettlement office-Tongxin PMO and Ningxia PMO.
188. The basic grievance redress system is as follows:
(i) Stage 1: If APs have any dissatisfaction with RP or implementation, they may report to the villagers’ committee. Alternatively, the villagers’ committee or the APs may directly appeal to the town resettlement office for negotiated resolution or put forward an oral or written grievance. The town resettlement office records the complaints and resolve the problems within two weeks after the receipt of the complaints if the grievance is oral. (ii) Stage 2: If the APs who lodge the complaints are not satisfied with the results of the Stage 1, they may lodge a grievance to Tongxin county RO or PMO. The latter will make resolution within two weeks. Stage 3: If the persons who lodge the complaints are still not satisfied, they may after receiving the decision, lodge complaints to the Ningxia PMO for arbitration. The latter will make arbitration decision within a month.
189. If the persons are still dissatisfied with the decision of the Stage 2 or 3, they may, after receiving the arbitration decision, appeal to administrative setups step by step (township office, county office, authorities of letters and calls, administrative supervision, disciplinary inspection and procurement department) according to Administrative Procedure law.
190. The complaints and appeal procedures will be conveyed to APs through public meetings and other information dissemination procedures such as village notice boards, to ensure they fully understand their rights and the mechanisms for complaint and appeal. Any complaints raised by APs and resolutions must be registered in written form by the resettlement office that receives these grievances.
191. At any point, if the appellant is dissatisfied, he/she may bring a suit in a civil court in accordance with the Civil Procedure Law of the PRC.
192. The APs may also express grievance to the external monitoring agency, who would then report it to Tongxin County Resettlement Office, Tongxin Land and Resource Bureau, and Ningxia PMO. Alternatively, the APs may submit a complaint to the ADB’s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, and if there are grievances that stemmed from a violation of ADB’s safeguard policy, the APs may appeal directly to ADB in accordance with ADB’s Accountability Mechanism (2012)5.
193. All the grievances received, oral or written will be recorded and their redress will be recorded as well and these will be made available to the external monitoring agency or ADB review missions on request. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. During the whole construction period of the Project, these appeal procedures shall remain effective to ensure that the APs can use them to address relevant issues. The above grievance redress system will be communicated to the APs at a meeting or through the RIB, so that the APs know their right of appeal. In addition, the appeal process will be published to affected population on mass media.
5 http://www.adb.org/site/accountability-mechanism/main
67 9.2.3 Grievance Redress Principle
194. The resettlement offices at each level must perform on site investigations on the complaints from the people and closely consult with them on their opinions before providing practical and justified redress opinions in accordance with the principles and standards specified in national laws and ADB’s involuntary resettlement safeguards principles enshrined in the RP. 195. The complaints that could not be solved must be timely submitted to the higher resettlement department, and the RO at each level are required to provide assistance on investigations.
9.2.4 Contents and Form of Reply to Complaints
a.) Contents (i) Description of the complainants’ grievance; (ii) Results of investigations; (iii) National policies, and the ADB’s principles and standards specified in RP; (iv) Resolution and its basis; (v) The complainant has the rights to appeal to the higher resettlement department or to the courts.
b.) Form of Reply (i) For complaint concerning individual case, the reply can be directly delivered to the complainant in written form. (ii) For complaints frequently addressed, notify the local village or sub-village by convening village meeting or issuing documents.
9.2.5 Report of Grievance
196. During implementation of the RP, the resettlement units shall make proper records and management of the complaints and solutions, and report them to the Ningxia PMO in written form monthly.
68 10 Implementation Plan of Land Acquisition and Resettlement
10.1 Principle for Implementation of Land Acquisition and Resettlement
197. The schedule for land acquisition and resettlement will be integrated with the schedule of Project construction. The basic principles for RP implementation are as follows. (i) LA and HD should be completed at least 3 months prior to the commencement of construction, and the starting time will be determined as necessary for LA, HD and resettlement. There will no commencement of related civil works until all compensation is paid. (ii) During resettlement, the APs shall have opportunities to participate in the Project. Before the commencement of LA and HD, the DMS results will be disclosed and confirmed with the APs. (iii) All compensation fees will be paid to the affected proprietors directly and fully within 3 months of approval of the compensation and resettlement program for LA. No entity or individual should use such compensation fees on their behalf, nor should such compensation fees be discounted for any reason.
198. After project approval and completion of detailed design, the Tongxin resettlement office will organize a survey team along with town resettlement office as well as village leaders to conduct detailed measurement and investigation.
199. Tongxin PMO will update the Resettlement Plan based on the detailed measurement and investigation results, and the plan will be submitted to Ningxia PMO.
200. Ningxia PMO shall submit the updated Resettlement Plan to ADB for concurrence; this is a condition for ADB award of civil works contracts.
10.2 RP Implementation Schedule
201. The general resettlement schedule of the project has been drafted based on the planned progress of road project construction, LA and implementation. The exact implementation schedule may be adjusted due to deviations in overall project progress. See details in Table 10- 1.
Table 9-2 Schedule of Land Acquisition and Resettlement Activities No. Resettlement Task Target Responsible unit Time Remark 1 Information disclosure 2 towns Tongxin County PMO and 1.1 Information booklet and 9 July 2016 each town governments villages RPs need Disclosure draft RP on Implementation agency, 1.2 July 2016 to be ADB website PMO and ADB endorsed 2 RP and budget 2.1 Approve the draft RP and budget (including Government, Tongxin July 2016 completed compensation County PMO standard) 2.2 Update RP based on If any Tongxin County PMO, Jan ~ Feb detailed design and changes Ningxia PMO, ADB 2017 DMS and submit to from this
69 No. Resettlement Task Target Responsible unit Time Remark ADB for concurrence RP (as required) 3 Detailed measurement survey 3.1 November~ Detailed measurement 9 villages Tongxin County PMO December on LA and HD 2016 4 Compensation agreements 4.1 Village-level land compensation 9 villages LRB March 2017 agreement 4.2 Household land 9 villages March~ compensation and 149 VCs, supervised by LRB April 2017 agreements AHs 4.3 Household house March ~ compensation and 25 HHs Tongxin RO April 2017 relocation agreements 5 Implementation of income restoration measures 5.1 Distribution land compensation to AHs May ~ June 9 villages Township and VCs and/or allocation of land 2017 (if possible) 5.2 Village-level Dec 2016 ~ 9 villages VCs development plan Feb 2017 5.3 Income restoration April Township, VCs and labor through business and 149 HHs 2017~April bureau employment 2018 5.4 Implementation of AP Apr 2017 ~ 149 HHs Labor bureau training plan Apr 2018 5.5 Vulnerable groups identification and 82 Since April PMO and civil affairs assistance measures persons 2017 implementation 5.6 Hiring APs for employment under July PMO, labor bureau and project during 17 APs 2017~July Contractors construction and for 2018 operations 5.7 Hiring APs for road 20 APs Tongxin Transport Bureau July 2018 maintenance 6 Implementation of House Relocation 6.1 Train relevant personnel 15 Jan ~ Dec ADB and Ningxia PMO ongoing in Tongxin County PMO persons 2016 6.2 Train relevant Dec 50 personnel in county, Tongxin PMO and RO 2016~Apr, persons town, and village 2017 6.3 Payment of house February~ compensation and 25 HHs March 2017 allowances 7 Monitoring and evaluation 7.1 Build internal monitoring Based on Ningxia PMO and IAs Dec 2016 system RP 7.2 Engage external 1 Monitor Ningxia PMO Dec 2016 monitoring unit 7.3 Baseline survey Sample of external monitoring unit Feb 2017
70 No. Resettlement Task Target Responsible unit Time Remark AHs 7.4 Internal monitoring Quarterly PMO and implementation Start Jan
report report agency 2017 7.5 Semi- July 2017 1st report External monitoring annual External monitoring unit report Jan 2018 2nd report report rd 7.6 External monitoring Annual Jan 2019 3 report External monitoring unit report report Jan 2020 4th report 7.7 1 Resettlement combined Ningxia PMO and 7 county March 2020 completion report report for PMOs the Project 8 Consultation and Participation Tongxin PMO Ongoing records 9 Grievance records Tongxin PMO Ongoing 10 Process of land compensation and resettlement capital flows 10.1 PMO CNY already -To Tongxin PMO 15.7029 Tongxin County Government Jan 2017 has initial million start up funds 10.2 CNY 4.902 Feb ~Mar - To village Tongxin PMO and RO million 2017 10.3 CNY Tongxin PMO, ROand 7 Start from - To household 5.2~5.7 village committees April 2017 million 11 Start civil works 11.1 Tongxin County project Tongxin County PMO July 2017
71 11 Monitoring, Evaluation and Report
202. In order to ensure the successful implementation of the RP, two types of supervision modes will be applied at the same time and it will be supervised by two organizations from different channels: First, internal supervision system comprised of government departments (autonomous region, PMOs at county level with resettlement focal persons with support from Project Management System consultant) conduct supervision according to RP provisions from the perspective of public administration. Second, external supervision system comprised of sociology experts conduct evaluation and supervision through social survey.
11.1 Internal Monitoring
203. The internal resettlement monitoring agencies will include Tongxin County PMO, Finance Bureau and other departments concerned (e.g., Land and Resources Bureau). The PMO shall develop a detailed internal monitoring plan for land acquisition and resettlement, including: (i) Investigation, coordination of and suggestion on key issues of the resettlement and implementing agencies during implementation; (ii) Status of LA and HD and any variations for the final RP; (iii) Restoration of the household income of the APs after LA; (iv) Preparation of housing plots and relocation after HD; (v) Restoration and resettlement of women and vulnerable persons; (vi) Payment, use and availability of compensation fees for resettlement; (vii) Degree of public participation and consultation during resettlement; (viii) Resettlement training and its effectiveness; (ix) Establishment, staff training and working efficiency of resettlement management agencies; and (x) Any unexpected changes from the final RP and corrective plans prepared to deal with the changes.
204. The Ningxia PMO shall submit phase I progress sheet and an internal monitoring report to ADB. Such report shall indicate the statistics of the past months in tables, and reflect the progress of LA, resettlement and use of compensation fees. Ningxia PMO will also be responsible to prepare a resettlement completion report; this can be done in conjunction with the external monitor. This report will be submitted to ADB.
11.2 External Monitoring
205. According to ADB’s policies, the Ningxia PMO shall employ a qualified, independent and experienced resettlement institute/firm as the external RP M&E agency.
206. The external M&E agency shall conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It will also conduct follow-up monitoring of the APs production levels and living standard, and submit M&E reports to the Ningxia PMO and Tongxin PMO for their review, follow-up and disclosure to APs. Ningxia PMO shall submit the external M&E report to ADB semiannually for their review, comment and disclosure on website.
11.3 Scope and methodology of external monitoring
(i) Baseline survey
72
207. The external M&E agency will conduct a baseline survey on the affected villages to obtain baseline data on the sample AHs’ production levels and living standard (living, production and income level). The production level and living standard sample surveys will be conducted semiannually to track variations of the APs.
208. This survey will adopt typical sample tracking investigation, (sample size: 30% of land acquisition AHs, 100% of DHs; the sample households will be selected in form of random selection), random interview and field observation to acquire necessary information. Statistical analysis and evaluation will be made on this basis.
(ii) Periodic M&E
209. During the implementation of the RP, the external M&E agency shall conduct periodic follow-up resettlement monitoring semiannually of the following activities by means of field observation, key informants interview, random interview and focus group discussion: (i) Payment and amount of compensation fees; (ii) Livelihood training; (iii) Support of women and the vulnerable groups; (iv) Restoration and reconstruction of infrastructure and special facilities; (v) Income restoration options and results (vi) House demolition and reconstruction; (vii) Compensation for lost property; (viii) Time table of the above mentioned activities (applicable for any time); (ix) Performance of resettlement organizations; (x) Use of collective land compensation and the income of APs; (xi) Income growth of labor through employment; and (xii) Whether the APs benefited from the project.
(iii) Public consultation and participation
210. The external M&E agency will attend public consultation meetings held during resettlement implementation to evaluate the effectiveness of public participation.
(iv) Grievance redress
211. The external M&E agency will visit the affected villages and groups regularly, and interviewing the township RO and county PMO that accept grievances about how grievances have been handled. It will also meet complainants, and propose corrective measures and advice for existing issues so as to make the resettlement process more effective.
(v) External monitoring reports
212. The external M&E agency will submit a monitoring or evaluation report to the ADB and Ningxia PMO semiannually; four external monitoring will be conducted and 6 reports will be submitted in total. See Table 11-1 for external monitoring activity and report submitting time. The TOR for External M&E can be found in Annex C.
Table 9-3 Schedule of Monitoring and Evaluation No. Report Date
73 No. Report Date Socioeconomic baseline survey 1 March 2017 report 2 First monitoring report July 2017 3 Second monitoring report Jan 2018 4 First evaluation report Jan 2019 5 Second evaluation report Jan 2020 6 Resettlement completion report March 2020
11.4 Post Evaluation Resettlement Completion Report
213. After project implementation, the post-evaluation will be implemented to evaluate the Project’s resettlement activities on the basis of M&E to (i) confirm the RP objectives have been met and (ii) to obtain successful experience and lessons in land acquisition and property demotion as a reference for future work.
214. Post evaluation will be led by Tongxin RO, with support from the Monitor. It should be started earlier when records are fresh but it can only be finalized when evaluation reports confirm satisfactory restoration.
74 Annexes
Annex A Resettlement Information Booklet
NINGXIA LIUPANSHAN POVERTY REDUCTION RURAL ROAD DEVELOPMENT PROJECT FINANCED BY THE ADB
Resettlement Information Booklet for Wangtuan-Yuwang road Road project of Tongxin County of Guyuan City in Ningxia Hui Autonomous Region
July 2016
Prepared by Transportation Department of Ningxia Hui Nationality Autonomous Region
75 1 Project Background
1. Transportation Department of Ningxia Hui Nationality Autonomous Region grasps the opportunity of historical development, starts from eliminating the phenomenon that undeveloped traffic and infrastructure restrict the development of contiguous destitute areas in Liupanshan, and now plans to implement Liupanshan rural Road development project for poverty alleviation in Ningxia Hui Autonomous Region with the ADB loan, which includes seven subprojects, involving Xiji County, Pengyang County, Jingyuan County and zhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
2. The construction of Liupanshan rural road development project for poverty alleviation in Ningxia Hui Autonomous Region (the Project) with the ADB loan mainly targets at: 1) improving the technical grade for road network project, increasing network capacity, and perfecting regional road network; 2) enhancing the connection between the project area and surrounding area, improving regional traffic condition, and promoting the economic development of the project area and region; 3) constructing seven trunk roads and 21 branches in Xiji County, Pengyang County, Jingyuan County, and zhou District in Guyuan City, Hai County in Zhongwei City, and Tongxin County in Wuzhong City.
3. Wangtuan-Yuwang road starts from K236+199 (Xiangshui Bridge) of Line G344 (the former road S101) at Wangtuan Town which is in the north of Tongxin County and 15km away from the county, and ends at K61+510 which joins Line S202 (the former K337+800 of road S203) with subgrade/pavement width of 10.0m/8.5m in the section K0+000～K4+185 and 8.5m/7m in the section K4+185～K61+510. The total length is 61.51 km and estimated total money is CNY 387,521,607. The construction period is two years.
76 Wangtuan- Yuwang Road
Wanzhang- Zhengji-Jiucai- Sanying Road Sikouzi Road
Guanting-Gu Sectin of Gu- Xiji Road Jiangtai-Xitan- Pingfeng Road
Mengyuan Chunshucha– Chengyang Yangping Road
Shatang (Huanghua County)–Gaodian Road
Figure 1 Sketch Map of Rural Trunk Road Distribution
77 2 Project Impact
2.1 Project Impact Scope and Overview
4. The impact of land acquisition and demolition of the project involves 2 towns and 9 administrative villages.
Table 1 Towns and Administrative Villages Affected by Land Acquisition and Demolition of the Project Construction Name of town/ street Name of village/ neighborhood committee content Qianhong Village, Zhang’ershui Village, Wangtuan Hujiahongwan Village, Buzizhang Village, Wangtuan - Abutiao Village Yuwang road Gongjiawan Village, Qingyangquan Village, Yuwang Nanguan Village, Nanyuan Village
2.2 Impact of Permanent Collective Land Acquisition
5. The project will permanently acquire 1,942.77 mu rural collective land of the above- mentioned areas, including Farmland of 403.3 mu (20.76%), Residential land of 14.11 mu (0.73%), Forest land of 11.35 mu (0.58%), and Unsed land of 1,514.01 mu (77.93%).
Table 2: Permanent Acquisition of Collective Land (by affected village) Permanent land acquisition (mu) Affecte Village Fore Affecte Road Town Farmlan Residenti Subtot d committee Unuse st d HH d al land al person d land land
Qianhong 18.12 12.11 167.74 2.81 13 53 200.78 Zhang’ershu 61.75 0.85 216.02 0 278.62 24 99 Wangtu i Hujiahongw an 63.00 0.25 176.17 0.22 239.64 19 81 an Buzizhang 53.06 0 199.50 4.52 257.08 21 83 Wangtu Abutiao 88.66 0 29.82 1.25 119.73 18 75 an - 1095.8 Yuwang Subtotal 5 284.59 13.21 789.25 8.8 95 391 Road 5 Gongjiawan 68.23 0 286.80 0.40 355.43 6 27 Qingyangqu 25.56 0 137.90 0.25 163.71 8 39 Yuwang an Nanguan 10.26 0 68.63 0 78.89 23 93 Nanyuan 14.66 0.9 231.43 1.90 248.89 17 66 Subtotal 4 118.71 0.9 724.76 2.55 846.92 54 225 1514.0 1942.7 Total 403.30 14.11 11.35 149 616 1 7 77.93 0.58 Proportion 20.76% 0.73% 100% / 100% % %
2.3 Temporary Land Occupation
78 6. So far, construction scheme of the project involves in temporary land of 1,651.06 mu which are all unused land, and are used mainly for spoil ground, borrowing earth, mixing unit, precast yard and living quarter.
2.4 Analysis of Impact of Residential House Demolition
7. The residential houses involved in the demolition are rural houses of 3,888 m2, including timber-wood structure of 3,685 m2 (accounting for 94.78% of the total) and earth-wood structure of 203 m2 (accounting for 5.22% of the total). A total of 25 households with 108 persons will be affected.
Table 3 List of Impact of Demolished Rural Residential House House demolition (m2) Affected people Earth Number of Numbe Road Town Village Timber Makeshif Subtota - household r of -brick t house l wood s people Qianhong 2570 0 0 2570 16 65 Wangtua Hujiahongwa n 595 203 0 798 6 29 Wangtuan n -yuwang Subtotal 3165 203 0 3368 22 94 road Yuwang Nanyuan 520 0 0 520 3 14 Subtotal 520 0 0 520 3 14 Total 9 3685 203 0 3888 25 108 Proportion (%) 94.78 5.22 0 100% / /
2.5 Impact of Demolished Buildings of Enterprises and Public Institutions
8. No enterprises and public institutions will be affected by land acquisition and demolished.
2.6 Affected Infrastructure and Ground Ancillary Facilities
9. The subproject will affect toilets, tombs, trees and other two categories. See Table 2-6 for details.
Table 4 Affected Ground Ancillary Facilities Item Unit Quantity Signboards and advertising boards piece 41.00 removal Milestone pole and stela piece 522.00 Well piece 17.00 Brick wall fence m 268.00 Earth wall fence m 1,898.00 Caves piece 23.00 Gate piece 1.00 Cistern piece 98.00 Trees with φ<10cm piece 3,815.00 Trees with 10<φ<30cm piece 334.00
79 Item Unit Quantity Trees with φ>30cm piece 40.00 Nursery garden mu 16.46 Fruit trees piece 139.00 Illuminating lines piece 268.00 Telecommunication lines piece 97.00 Underground iron water pipes m 130.00 PVC water pipes m 200.00 Young crops mu 403.30
80 3 Legal Framework and Policies and compensation rates
3.1 Policy Basis
10. The resettlement policies of this project are based on ADB’s policies and on the laws and regulations of the People’s Republic of China (PRC). These are as follows. (i) ADB Safeguard Policy Statement (2009), Safeguard requirement 2: InvoluntaryResettlement (ii) The Land Administration Law of the People’s Republic of PRC (iii) Regulations on the Protection of Basic Farmland (iv) Interim Regulations on Farmland Use Tax of the People’s Republic of PRC (v) Decision on Furthering Reform of Land Management of the State Council (Guofa [2004] No. 28) (vi) Notice on the Suggestions for Completing Compensation and Relocation System of Land Expropriation by the Ministry of Land Resources of People’s Republic of PRC (November 3, 2004, Guotuzifa [2004] No. 238) (vii) Notice on Further Specification of the Land Type Identification of Farm Road of General Office of Ministry of Land and Resources of the People’s Republic of PRC (Guo Tu Zi Ting [2013] No. 581) (viii) Notice on Publishing the Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region (Ning Zheng Fa [2015] No.101)
3.2 Cut-off Date of Compensation
11. The cut-off date for the eligibility for compensation is on November 1, 2016, which is also the date of Tongxin PMO and RO conducting resettlement DMS. Any newly claimed land, newly built house or settlement in the project area by the APs after this date is not entitled to compensation or subsidization. Any building constructed or tree planted purely for extra compensation is not counted in the inventory of losses.
3.3 Compensation Rate for Permanent Land Acquisition
12. According to the Notice of Releasing the Compensation Standard for Land Acquisition in Ningxia Hui Autonomous Region by the People’s Government (Ning Zheng Fa [2015] No.101) (see the attachments) issued on January 1, 2016, the project is being implemented in Area I and Area II (Wangtuan and Yuwang) in Tongxin County, where the compensation standard for dry farm land and Residential land is CNY 6,400 /mu.
13. The acquisition of unused land is executed by the 20% of that of farmland of the same area, the compensation standard for unused land of the RP is CNY 1,280/mu.
14. The acquisition of Forest land is executed by the 70% of that of farmland of the same area, the compensation standard for Forest landof the RP is CNY 4,480 /mu.
15. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 600/mu.
81 Table 5 Compensation Standard for the Project LandUnit: CNY/mu Dry farm Young Category Residential land Unused land Forest land land crops 600 (average of Compensation 1,280 6,400 6,400 4,480 the first standard (20% of Farm land) three years)
3.4 Temporary Land Occupation
16. Temporary land occupation area of the project is 1,651.06 mu for the present, and the type is unused land. For compensation standard for temporary land occupation, please refer to the notice of Compensation Standard for Land Acquisition and Demolishing & Resettlement of Additional Construction of Second Line of Ningxia Section, Baotou-Lanzhou Railway (Ningzhengbanfa [2010] No. 43), the compensation is CNY 600/mu per year. It will be for a maximum of 2 years and the land will be restored to its pre-occupation standards prior to its redistribution to the owners.
3.5 Compensation Rate for House Demolition
17. According to the policy of Asian Development Bank and regulations of PRC, market price evaluation is adopted for the rural residential houses of the RP. The houses to be demolished will receive compensation according to the “replacement price”, the compensation price will be determined through market price evaluation, and will not be lower than the compensation base price of the RP.
Table 6 Compensation Standard for Demolition of Residential House and Ancillary Facilities Type Structure type Unit Base price Remark Residential land CNY/mu 6,400 brick-concrete CNY/m² 1,000 The compensation for the house Compensation Brick-timber CNY/m² 600 shallnot be lower for house Brick, and earth-timber CNY/m² 410 than the proposed Earth-timber CNY/m² 310 base price. Makeshift house CNY/m² 100 1,000 CNY 1,000 per relocation subsidy CNY/HH household for one time. House on Transition subsidy: collective CNY 300 per land household each month. Generally, Other subsidy and the transition for house Subsidy for temporal period is 6 resettlement / transition CNY/HH 300 months. The subsidy exceeded time should be calculated in accordance with actual condition.
82 3.6 Compensation for Ground Attachment and Infrastructure
18. The compensation standard for the ground attachment facilities and infrastructure of the subproject is determined based on the principle of “replacement price”.
Table 7 Compensation Standard for Ground Attachments and Infrastructure Item Unit Quantity Signboards and advertising boards removal piece 500 Milestone pole and stela piece 50 Well piece 300 Brick wall fence m 170 Earth wall fence m 30 Caves piece 1,000 Gate piece 500 Cistern piece 1,000 Trees with φ<10cm piece 28 Trees with 10<φ<30cm piece 42 Trees with φ>30cm piece 56 Nursery garden mu 2,800 Fruit trees piece 200 Illuminating lines piece 5,000 Telecommunication lines piece 2,000 Underground iron water pipes m 1,000 PVC water pipes m 100 Young crops mu 500
3.7 Compensation for Young Crops
19. According to the compensation policy for the same crop by the average annual output value in the first three years for the common crops (inclusive of manual seeding), the compensation standard for young crops is CNY 600/mu.
3.8 Entitlement Matrix
20. The entitlement matrix has been established in accordance with the applicable policies.
83 Table 8 Compensation Entitlement and Resettlement Policy Matrix Entitled No. of entitled Implementat Applicable Compensati Compensatio Type of loss person/collect person/collect ion item targets on policy n entitlement ive ive a. Pay land acquisition compensati on to the rural collectives The village according meeting will to the determine compensati the fund on standard using, re- in Table 5-2 allocation of of this RP land, b. Re- investment allocation of and farmland developmen OR t project payment by Land The affected compensatio supervising village n allocation: authority a) Rural a) Three collectives The share shall Land within collectives village of cash division approve and the project owning the collectives compensati among the supervise implementat land b) 616 APs of on (100%) farmers the Permanently ion area - b) Farmers 149 HHs to AHs losing land is proposals acquired road right of with land use losing land losing land decided by and farmland way rights (all with land with user villager requirement (estimated c) Farmers use rights) rights if land meeting; s of village as 403.30 renting the c) no APs is cash and provide mu) land renting the contracted compensatio convenience land to APs n shall be for training c. Cash directly paid project. compensati to individual. Those on for all agreed the ground compensatio attachment n for (e.g., trees) individual according shall be paid to according to standards the in Table 5-5 agreement and and prior to standing dispossessi (young) on. crops according to standard in Table 5- 2. Land a) Farmers To be Cash The villagers The village Temporary loss temporarily with land use determined compensati losing crops committee of land used as rights during on for the will get total must inform
84 Entitled No. of entitled Implementat Applicable Compensati Compensatio Type of loss person/collect person/collect ion item targets on policy n entitlement ive ive construction b) Farmers construction annual loss compensatio the original area within renting the period during land n according land user the project land loss period. to the and make implementat Restore to compensatio correspondi ion area or the status n standard ng close by prior to the compensatio area construction n. Maximum (estimated , and period of as 1,651.06 maintain use is 2 mu) the life of years. APs at the former level at least. The compensati on standard is CNY 600 /mu per year. Cash Cash compensati compensatio on for AHs, n paid to the including owners of residential housing/build land, and ing and housing, attachments. and If the AHs Village and attachment choose Cash APs will s. Cash Compensatio determine compensati n and Self- the location on for Relocation, of new Residence various the residence. and property 108 APs of housing compensatio The within the 25 HHs with type n for HHs or APs contractor project partial according residential Loss of losing shall be implementat impacts. No to the land shall be residence/prop buildings or responsible ion area or AHs suffer replacemen paid to the erty housing due for filling and affected by complete loss t cost in AHs. If the to demolition leveling the the project and require Table 5-3. AHs choose area of new (estimated relocation The moving Resettlement 2 residence as 3,888m ) compensati on Site, the and connect on is CNY compensatio it to the 1,000 per n for existing HH, the residential public transitional land shall be facilities. compensati paid to on is CNY collective, 300 /month and of standard residential subsidy, land shall be and the re-allocated transitional to the period is six affected
85 Entitled No. of entitled Implementat Applicable Compensati Compensatio Type of loss person/collect person/collect ion item targets on policy n entitlement ive ive months. households by the villages. Compensatio Non- n according Farmland to the RP. within the Funds can Rural project 9 project Cash be used for Loss of non- collective Village implementati affected compensati village Farmland owning land collective on area villages on development ownership (estimated as decided in as 1521.47 a village mu) committee meeting. All facilities Cash within the compensati project on based on Proprietor implementati Affected public Proprietor of Proprietor of the market receives the on area (no facilities all facilities all facilities price and total impacts negotiation compensation have been with identified proprietor yet) The project will assist the villages and towns in meeting the Refers to the demands of old and weak, the women, In the same vulnerable children, the condition, Any affected 60 HHs with groups, and disabled, or enjoy the Assistance person who 233 persons each Vulnerable those lacking priority of by is also belonging to household groups living ability, project government vulnerable the vulnerable will receive and the compensation department groups about CNY poverty HHs, and 3,000 HHs lacking assistance special labor or with subsidy for heavy burden the economic recovery of the vulnerable groups.
86 4 Institutional Arrangements
21. Since resettlement is a very comprehensive task that needs the assistance and cooperation of various departments, relevant departments including transportation department, department of land and resources, department of finance, etc. shall participate in and support resettlement implementation. Each affected town/township or village has one or two chief leaders responsible for resettlement. The agencies responsible for the LA and the HD in the Project are: (i) Leading Group for Poverty Relief Road Project with ADB Loanof Transportation Department of Ningxia Hui Autonomous Region (ii) Project Management Office for Poverty Relief Road with ADB Loanof Transportation Department of Ningxia Hui Autonomous Region (iii) Tongxin County Transport Bureau (implementing agency which also has a PMO) (iv) Tongxin County Project Resettlement Office of Poverty Relief Project with ADB Loan (v) Project town/township governments (vi) Village committees (vii) Project design institute (viii) External monitoring and evaluation agency (ix) Other departments: Land Resources Bureau (LRB), Demolition and Relocation Office, Women’s Federation, Labor and Social Security Bureau.
22. The Organizational Chart is showin Figure 2.
87 Ningxia Transportation Department Project Leading Group with ADB loan
Project Management office with ADB Loan of Ningxia Transportation Department
Tongxin Transportation Bureau
Internal monitoring Project
Tongxin Project Resettlement Office design
institute
town/township Gov External
monitoring
Village/ Community committees
Affected people
AH byHD AH by LA Infrastructure
Figure 2 Project Relocation Organizations
88 5 Resettlement Budget
23. The fees incurred during the land acquisition, relocation and resettlement are listed in the total budget of the project. Based on the price in 2016, the resettlement costs covered by this RP were CNY 15,702,900, including basic costs of CNY 8,713,900. Seeing from the influence category, permanent collective land acquisition costs are CNY 4,902,100, housing demolition costs are CNY 2,343,900, compensation fees for ground attachments are CNY 477,300, and compensation fees for temporal land occupation are CNY 990,600.
24. Other fees includes RP formulating fee and monitoring fee of CNY 150,000, supporting fund for vulnerable groups of CNY 180,000, land acquisition fee of CNY 5,131,400, technical training fee of CNY 100,000, and contingencies of CNY 1,427,600.
25. Land compensation fees and resettlement subsidies should be used in full consultation with the APs; young crop fees are paid directly to the affected persons; compensation fees for infrastructure and attachments are paid to the affected entities or individuals.
26. To ensure that the resettlement funds are available both timely and completely, and the APs’production, livelihoods and income are restored, the following measures will be taken: (i) All costs related to this RP shall be included in the total budget of the project. (ii) Land compensation fees and resettlement subsidies shall be fully paid up before land acquisition, so as to ensure that all affected people are properly resettled. (iii) For AH who choose cash compensation, 50% of compensation fees for HD shall be paid to the APs upon execution of the HD compensation agreement, and the balance shall be paid when house is handed over for demolition.. (iv) To ensure the smooth implementation of land acquisition, relocation and resettlement, the finance and supervision institutions at all levels will be established to ensure that all funds will be paid both timely and completely. (v) The resettlement costs may be increased due to the increase of the compensation standards and price inflation, but the Jiyuan County Government will ensure that compensation fees are fully paid.
89 Local finance allocation of counterpart funds
LA Compensation Compensation fees for HD fees agreement and payment ground ancillary facilities and Infrastructure
Relevant unites or 50% of relocation individuals fees crops Fees young for Hand over/vacate APs house Direct
Resettlement subsidy payment The balance Land Compensation fees should be paid Payment Village committee ask for before LA villager's opinions through village meetings
Figure 3 Resettlement Funds Flow of Distribution
90 6 Grievances and Redress
27. To ensure rehabilitation and improvement of the affected persons’ production, livelihood and living conditions, the provincial and county PMO closely consulted with the affected persons to reduce complaints. A mechanism is set up to provide AP with opportunities to complain and to solve problems during implementation.
28. The basic procedure of the grievance solution is: APs-Village committees- town resettlement office - Township or town government- county resettlement office-Tongxin PMO and Ningxia PMO.
29. The basic grievance redress system is as follows: (i) Stage 1: If APs have any dissatisfaction with RP or implementation, they may report to the villagers’ committee. Alternatively, the villagers’ committee or the APs may directly appeal to the town resettlement office for negotiated resolution or put forward an oral or written grievance. The town resettlement officerecords the complaints and resolve the problems within two weeks after the receipt of the complaints if the grievance is oral. (ii) Stage 2: If the APs who lodge the complaints are not satisfied with the results of the Stage 1, they may lodge a grievance to Tongxin County RO or PMO. The latter will make resolution within two weeks. (iii) Stage 3: If the persons who lodge the complaints are still not satisfied, they may after receiving the decision, lodge complaints to the Ningxia PMO for arbitration. The latter will make arbitration decision within a month.
30. If the persons are still dissatisfied with the decision of the Stage 2 or 3, they may, after receiving the arbitration decision, appeal to administrative setups step by step (township office, county office, authorities of letters and calls, administrative supervision, disciplinary inspection and procurement department) according to Administrative Procedure law.
31. The complaints and appeal procedures will be conveyed to APs through public meetings and other information dissemination procedures such as village notice boards, to ensure they fully understand their rights and the mechanisms for complaint and appeal. Any complaints raised by APs and resolutions must be registered in written form by the resettlement office that receives these grievances.
32. At any point, if the appellant is dissatisfied, he/she may bring a suit in a civil court in accordance with the Civil Procedure Law of the PRC.
33. The APs may also express grievance to the external monitoring agency, who would then report it to Tongxin County Resettlement Office, Tongxin Land and Resource Bureau, and PMO of the Ningxia Hui Autonomous Region. Alternatively, the APs may submit a complaint to the ADB’s Project Team to try to resolve the problem. If good faith efforts are still unsuccessful, and if there are grievances that stemmed from a violation of ADB’s safeguard policy, the APs may appeal directly to ADB in accordance with ADB’s Accountability Mechanism (2012).
34. All the grievances received, oral or written will be recorded and their redress will be recorded as well and these will be made available to the external monitoring agency or ADB review missions on request. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from the contingencies. During the
91 whole construction period of the Project, these appeal procedures shall remain effective to ensure that the APs can use them to address relevant issues. The above grievance redress system will be communicated to the APs at a meeting or through the RIB, so that the APs know their right of appeal. In addition, the appeal process will be published to affected population on mass media.
92 7 Implementation Plan of land Acquisition and Resettlement
35. The general resettlement schedule of the project has been drafted based on the planned progress of road project construction, LA and implementation. The exact implementation schedule may be adjusted due to deviations in overall project progress.
Table 9 Schedule of Land Acquisition and Resettlement Activities No. Resettlement Task Target Responsible unit Time Remark 1 Information disclosure 2 towns Tongxin County PMO and 1.1 Information booklet and 9 July 2016 each town governments villages RPs need Disclosure draft RP on Implementation agency, 1.2 July 2016 to be ADB website PMO and ADB endorsed 2 RP and budget 2.1 Approve the draft RP and budget (including Government, Tongxin July 2016 completed compensation County PMO standard) 2.2 If any Update RP based on changes detailed design and Tongxin County PMO, Jan ~ Feb from this DMS and submit to Ningxia PMO, ADB 2017 RP (as ADB for concurrence required) 3 Detailed measurement survey 3.1 November~ Detailed measurement 9 villages Tongxin County PMO December on LA and HD 2016 4 Compensation agreements 4.1 Village-level land compensation 9 villages LRB March 2017 agreement 4.2 Household land 9 villages March~ compensation and 149 VCs, supervised by LRB April 2017 agreements AHs 4.3 Household house March ~ compensation and 25 HHs Tongxin RO April 2017 relocation agreements 5 Implementation of income restoration measures 5.1 Distribution land compensation to AHs May ~ June 9 villages Township and VCs and/or allocation of land 2017 (if possible) 5.2 Village-level Dec 2016 ~ 9 villages VCs development plan Feb 2017 5.3 Income restoration April Township, VCs and labor through business and 149 HHs 2017~April bureau employment 2018 5.4 Implementation of AP Apr 2017 ~ 149 HHs Labor bureau training plan Apr 2018 5.5 Vulnerable groups 82 Since April identification and PMO and civil affairs persons 2017 assistance measures
93 No. Resettlement Task Target Responsible unit Time Remark implementation 5.6 Hiring APs for employment under July PMO, labor bureau and project during 17 APs 2017~July Contractors construction and for 2018 operations 5.7 Hiring APs for road 20 APs Tongxin Transport Bureau July 2018 maintenance 6 Implementation of House Relocation 6.1 Train relevant personnel 15 Jan ~ Dec ADB and Ningxia PMO ongoing in Tongxin County PMO persons 2016 6.2 Train relevant Dec 50 personnel in county, Tongxin PMO and RO 2016~Apr, persons town, and village 2017 6.3 Payment of house February~ compensation and 25 HHs March 2017 allowances 7 Monitoring and evaluation 7.1 Build internal monitoring Based on Ningxia PMO and IAs Dec 2016 system RP 7.2 Engage external 1 Monitor Ningxia PMO Dec 2016 monitoring unit 7.3 Sample of Baseline survey external monitoring unit Feb 2017 AHs 7.4 Internal monitoring Quarterly PMO and implementation Start Jan
report report agency 2017 7.5 Semi- July 2017 1st report External monitoring annual External monitoring unit report Jan 2018 2nd report report rd 7.6 External monitoring Annual Jan 2019 3 report External monitoring unit report report Jan 2020 4th report 7.7 1 Resettlement combined Ningxia PMO and 7 county March 2020 completion report report for PMOs the Project 8 Consultation and Participation Tongxin PMO Ongoing records 9 Grievance records Tongxin PMO Ongoing 10 Process of land compensation and resettlement capital flows 10.1 PMO CNY already -To Tongxin PMO 15.7029 Tongxin County Government Jan 2017 has initial million start up funds 10.2 CNY 4.902 Feb ~Mar - To village Tongxin PMO and RO million 2017 10.3 CNY Tongxin PMO, ROand 7 Start from - To household 5.2~5.7 village committees April 2017 million 11 Start civil works 11.1 Tongxin County project Tongxin County PMO July 2017
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8 Monitoring, Evaluation and Report
36. In order to ensure the successful implementation of the RP, two types of supervision modes will be applied at the same time and it will be supervised by two organizations from different channels: First, internal supervision system comprised of government departments (autonomous region, PMOs at county level with resettlement focal persons with support from Project Management System consultant) conduct supervision according to RP provisions from the perspective of public administration. Second, external supervision system comprised of sociology experts conduct evaluation and supervision through social survey.
37. According to ADB’s policies, the Ningxia PMO shall employ a qualified, independent and experienced resettlement institute/firm as the external RP M&E agency.
38. The external M&E agency shall conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It will also conduct follow-up monitoring of the APs production levels and living standard, and submit M&E reports to the Ningxia PMO and Tongxin PMO for their review, follow-up and disclosure to APs. Ningxia PMO shall submit the external M&E report to ADB semiannually for their review, comment and disclosure on website.
39. The external M&E agency will submit a monitoring or evaluation report to the ADB and Ningxia PMO semiannually.
Table 10 Schedule of Monitoring and Evaluation No Report Date Socioeconomic baseline survey 1 March 2017 report 2 First monitoring report July 2017 3 Second monitoring report Jan 2018 4 First evaluation report Jan 2019 5 Second evaluation report Jan 2020
Annex B Key Excerpts of Local Regulations
A. Key articles of Land Administration Law of PRC, SC [2004] No.28 and MLR [2004] No.238
40. Land Administration Law of PRC (2004) and the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) promulgated in October 2004 defines the principles and rates of compensation for land acquisition and resettlement, land acquisition procedures, and monitoring system, and the Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238) play a similar role. These legal documents have become the legal basis for resettlement of the Project. The key provisions of the above policies are as follows:
Table A2.1: Abstract of the Land Administration Law and Relevant Policies Item Key points Index Land ownership The People's Republic of China resorts to a socialist public Article 2 of the ownership i.e. an ownership by the whole people and ownerships Land
95 Item Key points Index by collectives, of land. Administration Law The State introduces the system of compensated use of land of the PRC owned by the State except the land has been allocated for use by the State according to law. Application for Any unit or individual that need land for construction purposes Articles 43 and 44 construction land should apply for the use of land owned by the State according to of the Land law; Whereas occupation of land for construction purposes Administration Law involves the conversion of agricultural land into land for of the PRC construction purposes, the examination and approval procedures in this regard shall be required. All applications for land use for construction shall be accepted by Article 17 of the the administrative department in charge of land of the county Land government in a unified manner, and submitted to higher Administration authorities level by level after examination by the county Regulations of government. If the acquisition or use of land for construction Shaanxi Province involves farmland conversion, the administrative department in charge of land of the county government shall file an application, which shall be submitted to higher authorities level by level after examination by the county government. In case of acquisition or use of woodland, or acquisition or use of land in the urban planning area, the land user shall obtain the approval of the forestry and construction departments at or above the county level, and go through the construction land approval formalities as stipulated herein. The approved construction land must be used for the approved purpose and its use shall not be altered without authorization. If the change of use is necessary, Article 56 of the Land Administration Law of the PRC shall apply. Land acquisition The acquisition of basic farmland exceeding 35 hectares outside Article 45 of the authority the basic farmland, and other land exceeding 70 hectares shall be Land approved by the State Council. Acquisition of land other than Administration Law prescribed in the preceding paragraph shall be approved by the of the PRC governments of provinces, autonomous regions and municipalities and submitted to the State Council for the record The acquisition of not more than 35 hectares of cultivated land Article 20 of the other than basic farmland, and not more than 70 hectares of other Land land than cultivated land shall be approved by the provincial Administration government. Regulations of Shaanxi Province Land For the acquisition of land by the State the local governments at acquisition and above the county level shall make an announcement and announcement organize the implementation after the approval according to the system legal procedures. After the plan for land compensation and resettlement fees is finalized, related local governments shall make an announcement and hear the opinions of the rural collective economic organizations and peasants whose land has been acquired. Rural collective economic organizations shall make public to its Articles 46, 48 and members the 49 of the Land receipts and expenditures of the land compensation fees for land Administration Law acquired and accept their supervision. of the PRC Compensation In acquiring land, compensation should be made according to the Article 47 of the rates for land original purposes of the land acquired. Land acquisition Compensation fees for land acquired include land compensation Administration Law
96 Item Key points Index fees, of the PRC resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the acquisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land acquired by the per capital land occupied of the unit whose land is acquired. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years Article 23 of the preceding the acquisition of the cultivated land. However, the Land maximum resettlement fee per hectare of land acquired shall not Administration exceed 15 times of the average annual output value of the three Regulations of years prior to the acquisition. Shaanxi Province
(1) Acquired vegetable land or irrigated land shall be compensated for at 8-10 times the average annual output value (AAOV) of the three years prior to acquisition of such land, acquired irrigable land, garden land or lotus root pond at 7-9 times, acquired rain-fed farmland or non-irrigated land at 6-8 times, crop rotation land at 6 times, and pasture land or fishpond at 3-5 times; (2) Acquired newly reclaimed farmland that has been cultivated for less than 3 years shall be compensated for at twice the AAOV, and the investment in development shall be compensated for; (3) Acquired housing land, threshing ground or sunning ground shall be compensated for based on the original land type; (4) The compensation rate for allocated state-owned farm, forest farm, pasture or fishing ground shall be based on subparagraphs (1), (2) and (3) of this paragraph. The compensation rate for acquired or allocated woodland shall be as stipulated by the state. Temporary Users who use the land temporarily should use the land according Article 57 of the land use to the purposes agreed upon in the contract for the temporary use Land of land and should not build permanent structures. The term for Administration Law the temporary use of land shall not usually exceed two years. of the PRC If state-owned or collectively owned land is to be used temporarily Article 31 of the for project construction, geologic investigation or any other Land purpose, an application shall be filed along with the application for Administration construction land and approved by the administrative department Regulations of in charge of land; in case of separate application for temporary Shaanxi Province land use, it shall be approved by the administrative department in charge of land of the county government in case of non-cultivated land, by the administrative department in charge of land of the prefecture or municipal government in case of cultivated land, or the administrative department in charge of land of the provincial government in case of basic farmland. Temporary land use in the urban planning area shall be first approved by the municipal administrative department in charge of construction before submission for approval. The user of temporarily used land shall use the land for the approved purpose and shall not construct any permanent building thereon. The period of temporary land use shall not exceed 2 years in general.
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Table A2.2: Key Provisions of SC [2004] No.28 and MLR [2004] No.238, and their Application SC [2004] No.28—Improvement of Compensation and Resettlement Systems MLR [2004] for Land Acquisition No.238 Article 12 County-level and above local governments shall take practical Fixation of Improvement of measures so that the standard of living of LEFs is not reduced by uniform AAOV measures land rates compensation acquisition. Determination of land acquisition Land compensation, resettlement subsidy and compensation for uniform AAOV for for ground attachments and crops shall be paid in full and timely multiples Fixation pursuant to law. If the land compensation and resettlement of integrated land subsidy pursuant to the prevailing laws and regulations are prices for land insufficient to maintain the former standard of living of the LEFs acquisition areas or to pay the social security expenses of farmers who lose all Distribution of land due to land acquisition, governments of provinces, land autonomous regions and municipalities directly under the central compensation government shall approve an increased resettlement subsidy. If the sum of the land compensation and the resettlement subsidy attains the statutory upper limit and is still insufficient to maintain the former standard of living of the LEFs, local governments may pay a subsidy from the income from compensated use of state land. Governments of provinces, autonomous regions and municipalities directly under the central government shall fix and publish the uniform AAOV rates or integrated land prices for land acquisition of all cities and counties, so that the same price applies to the same kind of land. For key construction projects of the state, land acquisition expenses must be listed in the budgetary estimate in full. Article 13 County-level and above local governments shall take specific Resettlement for Proper measures to guarantee long-term livelihoods of LEFs. agricultural resettlement For projects with a stable income, farmers may become a production LEFs shareholder using the right to use of land used for construction Resettlement by approved pursuant to law. reemployment Within the urban planning area, local governments shall bring Resettlement farmers who lose all land due to land acquisition into the urban by dividend employment system, and establish a social security system; out distribution Non- of the urban planning area, in acquiring land collectively owned local by farmers, local governments shall reserve necessary arable resettlement land or arrange appropriate jobs for LEFs within the same administrative area; farmers without land who do not have the basic living and production conditions shall be subject to non- local resettlement. The labor and social security authorities shall propose guidelines for the employment training and social security systems for LEFs as soon as possible. Article 14 During land acquisition, the ownership of collective land of Disclosure of Improvement of farmers and the right to contracted management of farmers’ land information on land acquisition shall be maintained. land acquisition procedures Before acquisition is submitted for approval pursuant to law, the Confirmation of use, location, compensation rate and mode of resettlement of the land acquisition land to be acquired shall be notified to LEFs; the survey results of survey results the present situation of the land to be acquired shall be confirmed Organization of by rural collective economic organizations and farmers to be land acquisition
98 SC [2004] No.28—Improvement of Compensation and Resettlement Systems MLR [2004] for Land Acquisition No.238 affected by land acquisition; if necessary, the land and resources hearing authorities shall organize a hearing in accordance with the applicable provisions. The materials for notification to and confirmation by the LEFs shall be taken as requisite materials for approval for land acquisition. Accelerate the establishment and improvement of the coordination and judgment mechanism for disputes over compensation and resettlement for land acquisition to protect the lawful rights and interests of LEFs and land users. Approved matters of land acquisition shall be disclosed unless in special cases. Article 15 If the compensation and resettlement for land acquisition has not Disclosure of Strengthening been implemented, the acquired land shall not be used forcibly. approval items of Supervision Governments of provinces, autonomous regions and land over the municipalities directly under the central government shall acquisition implementation formulate the procedures for the distribution of the land Payment of of land compensation within rural collective economic organizations on compensation and acquisition the principle that the land compensation is used for rural resettlement households affected by land acquisition mainly. expenses for Rural collective economic organizations affected by land land acquisition acquisition shall disclose the receipt, disbursement and allocation Post-approval of land compensation fees to their members and accept supervision and supervision. The agricultural and civil affairs authorities shall inspection of land strengthen the supervision over the allocation and use of land acquisition compensation fees within rural collective economic organizations.
B. Notice on Publishing the Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region of the People’s Government of Ningxia Hui Autonomous Region，Ning Zheng Fa [2015] No.101
41. The various departments and organizations directly under the people’s government of the various cities, counties (districts) and autonomous regions:
42. To promote the scientific and sustained use of land resources, it was decided to publish Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region (hereinafter referred to as the new compensation standard for land acquisition) in accordance with The Law of Land Administration of the People’s Republic of China and Land Administration Regulations of Ningxia Hui Autonomous Region as well as other laws and regulations and through the deliberation of the executive meeting of the People’s Government of Ningxia Hui Autonomous Region, to be implemented from January 1, 2016. The relevant matters are notified as follows:
43. The new compensation standard for land acquisition is farmland-based. The compensation for the garden acquired shall be equal to that for farmland in the same area, that for forest land acquired shall be equal to 70% of that for farmland in the same area, that for new irrigable land (within three years) acquired shall be equal to 60% of that for farmland in the same area, that for artificial grassland acquired shall be equal to that for dry farmland in the same area, that for natural grassland and shrubland shall be equal to 60% of that for dry farmland in the same area, that for unused land acquired shall be equal to 20% of that for dry farmland in the same area, and that for homestead and threshing ground acquired shall be equal to that for farmland in the same area. For use of state-owned agricultural (forestry, animal
99 husbandry) land, refer to the compensation standard for acquisition of the neighboring collective lands.
100 Compensation Standard for Land Acquisition of Ningxia Hui Autonomous Region (Tongxin) No. City, county (district) Number Area (city) Range of area (city) Compensation Remark of area No. standard for land (city) acquisition CNY/ CNY/ mu ha. 3 Wuzhong Tongxin 3 I Irrigable Yuhai Town, Hexi 24,840 372,600 City County land Town, Dingtang Dry Town, 6,400 96,000 farmlan Wangtuan Town, d Xinglong Town, Weizhou Town, Xiamaguan Town II Dry Magaozhuang 6,400 96,000 farmlan Town,Tianlaozhuan d Town,Zhangjiayuan Town,Yuwang Town
C. Land Management Regulations of Ningxia Hui Autonomous Region
Land Management Regulations of Ningxia Hui Autonomous Region (Passed on the 16th Session of the Standing Committee of the 8th Ningxia Hui Autonomous Region People’s Congress)
Chapter V Construction Land Management
44. Article 46: The user should pay fees based on the following items and standards: (i) Land compensation fee: The compensation for the land acquired should be six to ten times as much as the average annual output value of the land in the first three years; that for forest land, artificial pasture and extensive fish pond should be six to eight times as much as the average annual output value of local farmland in the first three years; that for natural grassland, vacant land, abandoned land, and lake should be two to three times as much as the average annual output value of the local farmland in the first three years; that for unutilized land should be one to two times as much as the average annual output value of the local farmland in the first three years; that for residential land and threshing ground should be based on the standard for nearby farmland. Key construction projects of the state and Ningxia Autonomous Region should make minimum compensation based on the above standards. \ (ii) Young crop compensation fee: The compensation for common crops (including artificial grass and after-culture grass) should be in accordance with the average annual output value of local farmland in the first three years; that for perennial crops should be two or three times as much as the average annual output value of local farmland in the first three years; no compensation will be made for the farmland without crops. (iii) Compensation for ground attachments: The specific standard is established by land administration department and price control authority as well as other relevant departments of Ningxia Hui Autonomous Region based on the local condition. And the compensation standard for large and medium-sized construction projects is established by the People’s Government of Ningxia Hui Autonomous Region.
101 (iv) In case the land compensation fees paid according to the preceding clause still fail to make the peasants to be resettled maintain their original living level, the resettlement subsidies shall be added through the approval of the People’s Government of Ningxia Hui Autonomous Region. But the sum of land compensation fees and resettlement subsidies shall not exceed 30 times of average annual output within the three years before the acquisition of the farmland. (v) After the competent administrative departments of land posted notices on land acquisition to the units with land to be acquired, the compensation will not be made for the rush planting of trees and crops, rush-construction of buildings structures and other facilities abandoned on the land of the units or individuals. (vi) After the fees for compensation, resettlement, etc. are paid in according to the clause, the units and individuals with land to be acquired shall not have additional requests or obstruct the construction.
45. Article 47 Land compensation fees, resettlement subsidies and compensation fees for attachments that belong to collective paid by the land acquiring units shall be owned by the units with land acquired, and deposited in a special account in the bank. Then the units with land acquired shall propose resettlement scheme and plan for use of funds.
46. Article 48 In case that the personnel to be resettled of the units with land acquired is resettled by rural collective economic organization, the resettlement subsidy shall be managed and used by rural collective economic organization; in case the personnel are resettled by other units, the resettlement subsidies shall be paid to the resettlement unit; in case unified resettlement is not required, the resettlement subsidy shall be issued to resettlement personnel or to be used for the insurance fees of the personnel to be resettled after their consent. In case the resettlement subsidies are issued to resettlement personnel, the personnel shall apply for it, and then it shall be reviewed by villager committee and approved by town people’s government. After self-employment agreement is signed and notarization is made, the subsidies shall be issued by collective economic organization in one time.
102 Annex C Terms of Reference for External Monitoring and Evaluation Agency
A. Purpose resettlement monitoring and evaluation
47. According to ADB’s SPS 2009 on involuntary resettlement, the resettlement work of this Project will be subject to external M&E. The monitoring will ensure that the resettlement processes are being implemented in accordance with the requirements set out in Resettlement Plans (RPs). The external M&E will also undertake an evaluation of changes in peoples’ standard of living as a result of the project and project-related LAR activities.
48. A TOR is drafted and a specialist with 8~10 years of relevant social and resettlement experience will be engaged by CQS method.
49. M&E reports will be submitted to ADB and the PMO of Ningxia Hui Autonomous Region Transport Department regularly twice a year during the land acquisition and resettlement (LAR) implementation period and once a year following LAR completion. Through external M&E, ADB and the EAs can fully understand if the LAR work is implemented on schedule and according to the quality standard, point out existing issues, and propose suggestions for improvement.
B. Scope and Methods of External Monitoring
(i) Baseline Survey
50. The external monitor will undertake a baseline survey of the villages affected by land acquisition and house demolition of the Project, and collect baseline data on the production level and standard of living of the monitored displaced households (standard of living, production, and income levels). The survey methods include follow-up survey of sample households (minimum sample size: 10% of households affected by land acquisition, 20% of households affected by house demolition, 40% households significantly affected, 50% of affected villages; the households will be sampled randomly). A statistical analysis will be made on this basis for evaluation.
(ii) Regular Monitoring and Evaluation
51. During the RP implementation, the external monitor will perform regular follow-up resettlement monitoring of the following activities twice a year through field observation, follow- up survey of the sample households, and random interview with affected persons. The external monitor will monitor: (i) the progress of disbursement of compensation for LAR and house demolition; (ii) the progress of selection and preparation of resettlement sites including provisions for civic amenities, construction of new houses, and adequacy of construction; (iii) institutional capacity of the resettlement office—adequate trained staffing, office space and equipment, and provisions for ongoing training; (iv) financial capacity of the PMO and IAs, particularly the budgetary arrangements and cash flow for resettlement activities; (v) the process of public participation and consultation, ensuring that the public participation and consultation schedule is being followed and outcomes are being incorporated in resettlement implementation process; (vi) the functioning of the GRM;
103 (vii) the progress of livelihood rehabilitation plans and training, restoration of productive assets, and livelihood systems; (viii) rehabilitation of affected shops; (ix) that the vulnerable groups are being provided support in accordance to the criteria set out in the RP; (x) the progress of restoration and reconstruction of infrastructure and special (xi) facilities; (xii) implementation schedule for the RP activities; and (xiii) the overall RP implementation process and if any significant involuntary resettlement are identified, the agency will prepare a corrective action plan to address such issues.
52. In addition, the external monitor will be responsible for verifying the internal monitoring reports of IAs on implementation and progress of the RPs. These internal monitoring reports are prepared by the IAs and the PMO as part of the quarterly progress report. On the basis of the baseline survey, the external monitoring agency will evaluate the project impacts and will provide a “without” and “with” project comparative analysis.
(iii) Monitoring Indicators
53. The following indicators shall be monitored and evaluated in accordance with principles, entitlements, and rehabilitation strategies/plans set out in the RPs: (i) Progress: including preparation, implementation of land acquisition, house demolition, resettlement site construction, housing relocation and rehabilitation of livelihoods and living conditions; (ii) Quality: including resettlement implementation, civil construction quality, timeliness, minimal disturbance/inconvenience and transition time, and degree of APs’ satisfaction; (iii) Entitlements: timely allocation of full compensation entitlements and proper and timely use of funds, and adequate and timely availability of funds for resettlement site construction; (iv) Economic/income conditions: household economic development before and after resettlement, including assets, production materials, subsistence materials, income, savings and debts, income generation potential, etc.; (v) Living conditions: living environment before and after resettlement, including traffic, education, sanitation, social services, commercial service facilities, etc. in the new resettlement sites; (vi) Livelihood/employment: change in livelihood (income sources) and employment, including employment rate, assistance to the different APs, especially for women, and vulnerable APs, and seriously-affected households, such as those at risk of impoverishment due to land loss or housing loss; training and skill enhancement; (vii) Community development: local economy in resettlement sites, environmental development, neighborhood relations and safety, and public opinions (by gender and age groups) after resettlement; and (viii) Conditions of the vulnerable groups and seriously-affected households: including before and after situations of those people.
(iv) Monitoring and Evaluation Method
104 54. The external monitor will use both quantitative and qualitative methods to undertake the M&E such as: (i) Surveys – questionnaire surveys based on random sampling with a minimum sample size of 10% of households affected by land acquisition, 20% of households affected by house demolition and 50% of the affected villages. These surveys will be done on annual basis to assess the impact on yearly basis. Out of the above indicated survey population, the external monitor will select a suitable sample size and will undertake follow-up surveys by using tracer survey method. It will require following the same respondents on a yearly basis to assess the project impacts. (ii) Qualitative interviews and focus group discussions – with project affected persons, village and community representatives, officials in PMO, IAs and other government departments that are involved in the resettlement process; and, (iii) Along with written materials, photos, audio and video records, real objects shall also be used.
C. Reporting
55. The RP monitoring report will include: 1)Summary of findings and conclusion of investigations and evaluation; 2) Major problems identified (existing and potential); 3) Recommended mitigation or prevention measures which need to be taken; and 4)Assessment of previous follow-up actions.
56. Reports will be submitted to ADB every 6 months during the resettlement implementation. After the preparation of resettlement completion reports, annual evaluations will be conducted for 2 years, or until all issues have been successfully resolved. The final evaluation report should summarize monitoring results and should clearly establish whether resettlement has been successfully completed.
57. All reports will be provided in English and Chinese. It should be ensured that information on the progress and status on all aspects of LAR activities will be provided to the external monitor for verification, including records of grievances.
D. Consultant Specifications and Inputs
58. The specialist shall have a degree in a relevant subject (sociology, anthropology, or related subject) with 8~10 years’ experience in M&E of projects funded by ADB or other international development funding agencies. The consultant’s inputs will be spread intermittently over the life of the Project for a total of 6 months.
E. Monitoring Budget
59. A total budget for RP is about $150,000.
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