Resettlement Plan (Draft)
October 2015
People’s Republic of China: Henan Hebi Qihe River Environmental Improvement and Ecological Conservation Project
Prepared by Qi County Government and Qi Project Management Office for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 7 October 2015)
Currency unit – yuan (CNY) CNY1.00 = $0.1573 $1.00 = CNY6.3580
ABBREVIATIONS
AAOV – Average Annual Output Value ADB – Asian Development Bank AH – Affected Households AP – Affected Person DMS – Detailed Measurement Survey FGD – Focus Group Discussion GRM – Grievance Redress Mechanism SES – Socio-economic Survey TA – Technical Assistance
WEIGHTS AND MEASUREMENTS
ha – hectare km – kilometer kg – kilogram m – meter
NOTES
(i) The fiscal year of the Government of the People’s Republic of China and its agencies ends on 31 December. (ii) In this report, “$” 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.
Draft Resettlement Plan ______
September 2015
PRC: Henan Hebi Qihe River Environmental Improvement and Ecological Conservation Project
——Qi County Wastewater and Solid Waste Management
Prepared by Qi County Government (QCG) and Qi Project Management Office (PMO) for the Asian Development Bank (ADB)
CURRENCY EQUIVALENTS Currency unit = Yuan (CNY) CNY 1 = $ 0.1613 $ 1 = CNY 6.2 1 hectare = 15 mu
ABBREVIATIONS
AAOV - Average Annual Output Value ADB - Asian Development Bank AH - Affected Households AP - Affected Person DMS - Detailed Measurement Survey FGD - Focus Group Discussion GRM - Grievance Redress Mechanism HD - House Demolition HCG - Hebi City Government HPRSAD - Hebi Project Resettlement and Social Affairs Department IOL - Inventory of Loss LA - Land Acquisition LEF - Land Expropriated Farmer M & E - Monitoring and Evaluation MLS - Minimum Living Security MSW - Municipal Solid Waste PMO - Project Management Office QCG - Qi County Government PRC - People’s Republic of China RIB - Resettlement Information Booklet ROW - Right-of-way RP - Resettlement Plan SES - Socio-economic Survey TA - Technical Assistance WEIGHTS AND MEASURES Km = kilometer Kg = kilogram Ha = hectare m = meter
DEFINITION OF TERMS
Affected persons -Those who are physically displaced (relocation, loss of residential land, Households 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.
Cut-off date -It refers to the date when the results of the census and inventory of losses were for eligibility presented to the affected households. Any households who built after the Project’s cut-off date will not be eligible for assistance.
Entitlement -Refers to a range of measures comprising compensation, income restoration support, transfer assistance, income substitution, relocation support, etc. which are due to the AHs, depending on the type and severity of their losses, to restore their economic and social base.
Grievance redress mechanism- A mechanism to receive and facilitate the resolution of affected persons’ concerns redress and grievances about physical and economic displacement and other project mechanism impacts, paying particular attention to the impacts on vulnerable groups.
Income restoration- This is the re-establishment of sources of income and livelihood of the project affected households. It is a program designed with various activities that aim to support affected persons to recover their income / livelihood to pre-project levels. The project is designed to address the specific needs of the affected persons based on the socio-economic survey and training need assessment.
Meaningful consultation- A process that (i) begins early in the project preparation stage and is carried out on consultation an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.
Vulnerable groups- Individuals and groups who may be differentially or disproportionately affected by the project because of their disadvantaged or vulnerable status. Vulnerable groups are those below the poverty line, the landless, the elderly, women and children, and ethnic minorities, and those without legal title to land.
EXECUTIVE SUMMARY
1. Introduction to the Subproject
The Henan Hebi Qihe River Environmental Improvement and Ecological Conservation Project consists of 8 components in 4 categories, which are (i) Qi River Upstream Ecological Protection, (ii) Qi River Wetland Reservation and Restoration, (iii) Qi River main stream Watercourse Improvement in Qi County, (iv) Four tributary watercourse improvement in Qi County, (v) Five Canal watercourse improvement in Qibin District, (vi) Qibin District wastewater management, (vii) Qi County wastewater and solid waste management, (viii) institutional capacity building. The Project has an implementation period of 5 years, from 2016 to 2021. The Qi County Wastewater and Solid Waste Management Subproject is the 7th subproject of the Project.
The Subproject consists of 3 components: 1) expansion of a WWTP to 30,000 t/d in Qi County; 2) construction of rainwater and wastewater pipelines, including wastewater pipelines of 69.12 km and rainwater pipelines of 132.49 km; and 3) construction of 15 waste transfer stations, with a floor area of 300 m2 each. Hebi City Government (HCG) is the executing agency of the Subproject, and the Qi County Government (QCB) and its Housing Construction Bureau, Urban Administration Bureau, and Land and Resources Bureau are the implementing agencies. The Subproject will be implemented from June 2016 to September 2020.
The land acquisition (LA), compensation and resettlement work of the Subproject will begin in March 2016 and be completed in June 2017. The estimated resettlement budget is 6.2326 million yuan (prices in July 2015).
This RP will be updated based on the detailed design of the Subproject and the results of the detailed measurement survey (DMS), and the updated RP will be submitted to ADB for review and approval before the commencement of resettlement and prior to civil works contract awards.
2. LA impacts
LA for the Subproject will affect 4 villages in 4 towns/sub-districts in Qi County, namely Nanyangzhuang Village, Chaoge Sub-district; Quantou Village, Weidu Sub-district; Xipeitun Village, Beiyang Town; and Xigang Village, Xigang Town. 58.35 mu of collective land will be occupied permanently for the Subproject. Temporary land occupation will affect one community and 5 villages in Gucheng Sub-district. 87.19 mu of collective land and 224.57 mu of state-owned land will be occupied temporarily. The Subproject will affect 23 households with 98 persons permanently, and 216 households with 1,020 persons temporarily, totaling 239 households with 1,118 persons. Through identification, two households with 4 persons affected by the Subproject fall into vulnerable groups. The Subproject does not involve house demolition (HD). See Table 1.
Table 1 Summary of Resettlement Impacts Waste Rainwater and Item WWTP transfer wastewater Total stations pipelines State-owned land 0 5.4 0 5.4 Permanent land Collective land 57 1.35 0 58.35 occupation (mu) Subtotal 57 6.75 0 63.75 1.Permanent HHs 23 0 0 23 impacts Permanently affected population Population 98 0 0 98 Significantly HHs 20 o 0 20 1 affected Population 81 o 0 81 State-owned land 0 0 224.57 224.57 Temporary land Collective land 0 0 87.19 87.19 2.Temporary occupation (mu) Subtotal 0 0 311.76 311.76 impacts Temporary HHs 0 0 216 216 Temporarily affected land population 0 0 1020 1020 occupation Population Total Land use (mu) 57 6.75 311.76 375.51 HHs 23 0 216 239 3.Total Total Affected population Population 98 0 1020 1118 Impacts HHs 2 0 0 2 Affected vulnerable groups Population 4 0 0 4
3. Policy framework and entitlements
This RP is based on the Land Administration Law of the PRC (2004), Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28), Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238), the applicable policies of Henan Province and Hebi City, and ADB’s Safeguard Policy Statement (2009). According to the above policies, and in consultation with local governments and affected persons (APs), the resettlement principles of the Subproject are: (1) Involuntary resettlement should be avoided where feasible; (2) The APs are granted compensation and rights that can at least maintain or even improve their livelihoods with the Subproject; (3) The APs are given compensation and assistance in resettlement whether legal title is available or not; (4) If the land available to everyone is insufficient to maintain his/her livelihood, compensation at replacement cost in cash or in kind and other income-generating activities shall be provided for the lost land; (5) The APs fully understand their entitlements, the method and standard of compensation, the livelihood and income restoration program, and the schedule, and participate in the implementation of the RP; (6) The executing agency and an independent agency / third party shall monitor the compensation, relocation and resettlement operations; (7) The vulnerable groups shall be provided special assistance or treatment so that they lead a better life, and all APs shall have an opportunity to benefit from the Subproject; two members of each displaced household (DH) will receive skills training, including at least one woman; (8) The RP is consistent with the master plans of the affected city (district, county); and (9) The resettlement costs are sufficient to cover all affected aspects.
4. Resettlement strategy
LA compensation includes land compensation, resettlement subsidy and young crop compensation. The compensation for the land permanently acquired for the Subproject is based on location-based composite land price (excluding young crop compensation). In the subproject area,
1 Who will loss more than 10% of their family income.
the LA compensation rate for collective land in Chaoge and Weidu Sub-districts is 46,000 yuan/mu, and that in Beiyang and Xigang Towns 33,000 yuan/mu; and the young crop compensation rate is 2,400 yuan/mu per annum; young crop compensation is paid directly to the AHs. The households affected by LA are covered by the basic endowment insurance for urban and rural residents, and are provided with diversified livelihood restoration measures, including agricultural development, employment and skills training. In addition, they may increase insurance contribution level using LA compensation voluntarily to receive higher pensions. The compensation rate for temporarily occupied irrigated land is 2,400 yuan/mu per annum, and the period of occupation is one year. Compensation will be paid directly to the AHs. The affected special facilities will be reconstructed by the owner to the original size, standard and function, or by their proprietors after compensation. Other ground attachments will be compensated for at specified rates.
5. Organizational Setup
The Qi County Government and its Housing Construction Bureau, Urban Administration Bureau, and Land and Resources Bureau are the implementing agencies, on behalf of QCG. The Qi PMO is responsible for the management and coordination of the Subproject.
6. Public participation and information disclosure
All APs (with 50% being women) have been informed of the key points of this RP by various means and involved in the Subproject, such as meeting, interview, FGD, public participation meeting and community consultation, and their opinions have been well incorporated into this RP. The Resettlement Information Booklet (RIB) will be distributed to the APs or groups in September 2015, and the first draft of this RP will be published on ADB’s website by October 2015.
7. Grievance redress
A grievance redress procedure has been established to settle disputes over compensation and resettlement. The aim is to respond to grievances of the APs timely and transparently. Grievances about the Subproject may be from LA. Correspondingly, the Hebi PMO, Hebi Project Resettlement and Social Affairs Department (HPRSAD), Qi PMO, and the affected sub-district offices and village/community committees will coordinate and handle grievances and appeals arising from resettlement. The APs may file appeals about any aspect of resettlement, including compensation rates. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from contingencies.
8. Resettlement budget
All costs incurred during LA and resettlement will be included in the general budget of the Subproject. Based on prices in July 2015, the resettlement budget of the Subproject is 6.2326 million yuan (about 0.86% of gross investment of 721.22 million yuan), including basic LA costs of 3.0398 million yuan or 48.77% of the resettlement budget, other costs (including planning and design costs, training costs, LA taxes, supporting fund for vulnerable groups, etc.) of 2.747 million yuan or 42.90% of the resettlement budget, and contingencies of 4.767 million yuan or 7.45% of the resettlement budget.
9. Monitoring and evaluation (M&E)
In order to ensure the successful implementation of this RP, resettlement implementation will be subject to internal and external monitoring. Internal monitoring will be conducted by the Hebi PMO, HPRSAD, Qi PMO, and other district authorities (e.g., land and resources bureau, labor and social security bureau), and an internal monitoring report will be submitted to ADB semiannually. The Hebi PMO will appoint an independent agency to conduct external M&E and submit M&E reports semiannually, and M&E costs will be included in the budget of institutional capacity building.
TABLE OF CONTENTS
1 OVERVIEW OF THE SUBPROJECT ...... 1
1.1 BACKGROUND ...... 1
1.2 COMPONENTS AND RESETTLEMENT IMPACTS ...... 4
1.3 MEASURES TO REDUCE RESETTLEMENT ...... 5 1.3.1 Preparation Stage ...... 5 1.3.2 Resettlement Implementation Stage ...... 6 1.3.3 Construction Stage ...... 6
1.4 ESTIMATED RESETTLEMENT BUDGET AND IMPLEMENTATION PLAN ...... 6
2 IMPACTS OF THE SUBPROJECT ...... 7
2.1 RANGE OF IMPACT SURVEY OF LA ...... 7
2.2 IMPACTS OF PERMANENT LA ...... 7 2.2.1 Amount and Affected Population ...... 7 2.2.2 Cultivated Land Losses ...... 8 2.2.3 Income Losses ...... 9
2.3 IMPACTS OF PERMANENT OCCUPATION OF STATE-OWNED LAND ...... 9
2.4 IMPACTS OF TEMPORARY LAND OCCUPATION ...... 9
2.5 AFFECTED GROUND ATTACHMENTS ...... 10
2.6 AFFECTED POPULATION ...... 10 2.6.1 Summary ...... 10 2.6.2 Affected Vulnerable Groups ...... 11 2.6.3 Affected Minority Population ...... 11 2.6.4 Gender Impacts ...... 11
3 SOCIOECONOMIC PROFILE ...... 12
3.1 SOCIOECONOMIC PROFILE OF THE SUBPROJECT AREA ...... 12
3.2 SOCIOECONOMIC PROFILE OF THE AFFECTED POPULATION ...... 14 3.2.1 Economic Conditions of the AHs ...... 14 3.2.2 Expected Resettlement Modes ...... 15 3.2.3 Gender Analysis ...... 16
4 LEGAL FRAMEWORK AND POLICIES ...... 18
4.1 LAWS, REGULATIONS AND POLICIES APPLICABLE TO RESETTLEMENT ...... 18
4.2 ABSTRACT OF THE ADB POLICY ...... 19
4.3 KEY PROVISIONS OF PRC LAWS, REGULATIONS AND POLICIES ...... 20 4.3.1 Abstract of applicable state laws and regulations ...... 20 4.3.2 Abstract of applicable provincial regulations and policies ...... 23
4.4 MAIN DIFFERENCES BETWEEN THE ADB POLICY AND PRC LAWS ...... 24
4.5 CUT-OFF DATE ...... 24
4.6 COMPENSATION RATES ...... 24 4.6.1 Permanent LA ...... 25 4.6.2 Young Crops ...... 25 4.6.3 Temporary Land Occupation ...... 25 4.6.4 Ground Attachments ...... 25 4.6.5 Tax and Fee Rates ...... 26
4.7 ENTITLEMENT MATRIX ...... 26
5 RESETTLEMENT AND INCOME RESTORATION ...... 29
5.1 OBJECTIVES AND PRINCIPLES OF RESETTLEMENT ...... 29 5.1.1 Objectives ...... 29 5.1.2 Principles ...... 29
5.2 INCOME RESTORATION PROGRAM FOR HOUSEHOLDS AFFECTED BY LA ...... 29 5.2.1 Cash Compensation ...... 29 5.2.2 Agricultural Development ...... 30 5.2.3 Skills Training ...... 30 5.2.4 Employment ...... 31 5.2.5 Social Security ...... 32 5.2.6 Women’s Development Measures ...... 33 5.2.7 Supporting Measures for Vulnerable Groups ...... 34
6 ORGANIZATIONAL STRUCTURE ...... 35
6.1 RESETTLEMENT IMPLEMENTATION AND MANAGEMENT AGENCIES ...... 35 6.1.1 Organizational Setup ...... 35 6.1.2 Organizational Responsibilities ...... 35 6.1.3 Organizational Chart ...... 36
6.2 STAFFING, EQUIPMENT AND TRAINING ...... 37 6.2.1 Staffing ...... 37 6.2.2 Equipment ...... 38 6.2.3 Organizational Training Program ...... 38
7 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS ...... 39
7.1 PUBLIC PARTICIPATION ...... 39 7.1.1 Preparation Stage ...... 39 7.1.2 Implementation Stage ...... 39
7.2 GRIEVANCE REDRESS ...... 40 7.2.1 Modes of Collection of Grievances and Appeals ...... 40 7.2.2 Grievance Redress Procedure ...... 40 7.2.3 Principles for Grievance Redress ...... 40 7.2.4 Scope and Modes of Reply ...... 40
7.2.5 Recording and Feedback of Grievances and Appeals ...... 41 7.2.6 Contact Information for Grievance Redress ...... 41
8 RESETTLEMENT BUDGET ...... 42
8.1 RESETTLEMENT BUDGET ...... 42
8.2 RESETTLEMENT INVESTMENT SCHEDULE AND FUNDING SOURCES ...... 42
8.3 DISBURSEMENT AND MANAGEMENT OF RESETTLEMENT FUNDS ...... 44 8.3.1 Disbursement of Resettlement Funds ...... 44 8.3.2 Management of Resettlement Funds ...... 44
9 RESETTLEMENT IMPLEMENTATION SCHEDULE ...... 45
9.1 PRINCIPLES FOR RESETTLEMENT IMPLEMENTATION ...... 45
9.2 RESETTLEMENT IMPLEMENTATION SCHEDULE ...... 45
10 MONITORING & EVALUATION ...... 47
10.1 INTERNAL MONITORING ...... 47
10.2 EXTERNAL MONITORING ...... 47 10.2.1 Scope and Methods ...... 47 10.2.2 Reporting ...... 48
10.3 POST-EVALUATION ...... 48
APPENDIX 1: RIB ...... 49
APPENDIX 2: FIELDWORK PHOTOS ...... 55
List of Tables Table 1-1 Summary of Resettlement Impacts by Component ...... 2 Table 1-1 Scope of the Subproject ...... 4 Table 1-2 Measures to Reduce Resettlement at the Preparation Stage ...... 5 Table 2-1 Range of the Subproject Area ...... 7 Table 2-2 Summary of Acquired Collective Land ...... 7 Table 2-3 Overall Land Losses in Nanyangzhuang Village ...... 8 Table 2-4 Land Losses in Nanyangzhuang Village by Household ...... 8 Table 2-5 Land Loss Rates ...... 9 Table 2-6 Income Loss Rates ...... 9 Table 2-7 Permanently Occupied State-owned Land ...... 9 Table 2-8 Temporarily Occupied Collective Land ...... 9 Table 2-9 Affected Ground Attachments ...... 10 Table 2-10 Summary of Affected Population...... 10 Table 2-11 Summary of Affected Vulnerable Groups ...... 11 Table 3-1 Socioeconomic Profile of Hebi City (2013) ...... 12 Table 3-2 Socioeconomic Profile of Qi County (2013)...... 12 Table 3-3 Socioeconomic Profile of the Affected Towns (2013) ...... 13 Table 3-4 Socioeconomic Profile of the Affected Villages ...... 13 Table 3-5 Demographics of the Sample Population ...... 14 Table 3-6 Houses of the Sample Households ...... 14 Table 3-7 Household Income and Expenditure ...... 15 Table 3-8 Expected Resettlement Modes of the Households Affected by LA ...... 16 Table 3-9 Gender Analysis ...... 16 Table 4-1 Principles for Resettlement ...... 19 Table 4-2 List of Location-based Composite Land Prices ...... 25 Table 4-3 Comparison of LA Compensation Rates and Income Losses ...... 25 Table 4-4 Compensation Rates for Young Crops ...... 25 Table 4-5 Compensation Rates for Temporary Land Occupation ...... 25 Table 4-6 Compensation Rates for Ground Attachments ...... 26 Table 4-7 Tax and Fee Rates on LA ...... 26 Table 4-8 Entitlement Matrix ...... 27 Table 5-2 Summary of LA Compensation Distribution Programs ...... 29 Table 5-3 Household Income in Nanyangzhuang Village ...... 30 Table 5-3 Summary of Local Training Programs ...... 31 Table 5-4 Employment Program of the Subproject ...... 31 Table 5-5 Contribution and Pension Levels of Endowment Insurance for Urban and Rural Residents 33 Table 6-1 Staffing of Resettlement Agencies ...... 37 Table 6-2 Persons Chiefly Responsible of Resettlement Agencies...... 38 Table 6-3 Operational Training Program of Resettlement Agencies ...... 38 Table 7-1 Public Participation Activities at the Preparation Stage ...... 39 Table 7-2 Public Participation Plan ...... 39 Table 7-3 Contact Information for Grievance Redress ...... 41 Table 8-1 Resettlement Budget ...... 43 Table 8-2 Resettlement Investment Plan ...... 42 Table 9-1 Resettlement Implementation Schedule ...... 45 Table 10-1 M&E Schedule ...... 48
1 Overview of the Subproject 1.1 Background 1. In order to fully rehabilitate the ecological environment and water quality of the Qihe River watershed, improve urban wastewater collection and treatment significantly, control water pollutants effectively, create a new economic development pattern with environmental protection in mind, and build a national wetland park and ecological demonstration base, HCG has applied for a loan of USD150 million with ADB for the Henan Hebi Qihe River Environmental Improvement and Ecological Conservation Project. The Project has a construction period of 5 years, from 2016 to 2021. 2. The Project consists of 8 components in 4 categories, which are I) Qihe River watershed ecological conservation and rehabilitation: 1) upper Qihe River ecological conservation; 2) Qihe River Wetland Conservation and Rehabilitation; II) integrated management of the main and branch streams of the Qihe River: 3) Qihe River Mainstream Watercourse Improvement in Qi County ; 4) Four Tributary Watercourse Improvement in Qi County ; 5) Five Canal Watercourse Improvement in Qibin District ; III) Qihe River watershed environmental improvement: 6) Qibin District Wastewater Management Subproject ; 7) Qi County Wastewater and Solid Waste Management; IV) Institutional capacity building: 8) institutional capacity building, investigation and training. Components 12 and 8 do not involve resettlement, and 6 RPs have been prepared for the other components pursuant to ADB’s Safeguard Policy Statement (2009). See Figure 1-1 and Table 1-1.
Figure 1-1 Location Map of the Subproject
2 The involved land for greening of barren hills are collective owned and partly contracted to households. Very low or even no income can be generated from these barren land. No land will be acquired and no natural resource will be additionally restricted to be used by households in project area.
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Table 1-1 Summary of Resettlement Impacts by Component under the overall Project 2.1 Qihe 3.2 Qi 1.2 Qihe River 2.2 Four 2.3 Five County 3.1 Qibin River Mainstrea Tributary Canal Wastewate District Wetland m Watercours Watercours r and Solid Wastewat Item Conservati Watercours e e Waste Total er on and e Improveme Improveme Managem Managem Rehabilitati Improveme nt in Qi nt in Qibin ent(the RP ent on nt in Qi County District for this County subproject) Collectively-owne 1174.2 285.75 166.7 220.53 442.9 0 58.35 d land acquisition 3 1959.2 1959.2 Permanen Rural land transfer 0 0 0 0 0 8 8 t land use State-owned land 1299.5 (mu) 455.73 546.1 0 292.39 0 5.4 occupation 9 2700.7 Total 712.8 220.53 735.29 0 63.75 4433.1 3 by ADB financed 5295.1 5295.1 0 0 0 0 0 project 2 2 House 1.Perm by a previous and 0 0 0 13233. 0 0 13233. demolitio anent domestic project4 05 05 n (m2) impact 0 0 0 18528. 0 0 18528 Total 17 s .17 Collective- AHs 44 25 148 126 0 23 366 owned land acquisition APs 225 123 594 579 0 98 1619 Rural land AHs 364 0 0 0 0 0 364 Permanent transfer APs 1812 0 0 0 0 0 1812 ly affected State-owne AHs 113 0 0 0 0 0 113 population d land APs 500 0 0 0 0 0 500 occupation House AHs 0 0 0 105 0 0 10 demolition APs 0 0 0 55 0 0 55
3 The land has been acquired by a previous and domestic project in 2011 with 113 HHs and 500 persons affected. 4 Urban Village Reconstruction Project financed by domestic fund and stated in March 2013 prior to ADB financed project. 5 Residential houses for 8 HHs and 2 small enterprises will be demolished, in which one household will be affected by LA and HD at the same time.
2
by ADB financed Project House AHs 0 0 0 94 0 0 94 demolition by a previous APs 0 0 0 427 0 0 427 and domestic project
Both LA and AHs 0 0 0 1 0 0 1 house APs 0 0 0 5 0 0 5 demolition Sub-tota AHs 521 25 148 229 0 23 946 l APs 2537 123 594 1056 0 98 4408 Significantly AHs 13 1 18 107 0 20 159 6 affected APs 66 5 76 482 0 81 710 Collectively-owned 0 90.36 17.5 316 216.78 87.19 727.83 Temporar land 2. y land use State-owned land 0 0 0 0 605.28 224.57 829.85 Temp (mu) 1557.6 Total 0 90.36 17.5 316 822.06 311.76 orary 8 impac Temporari Temporary AHs 0 64 32 40 163 216 515 ts ly affected land populatio occupation APs 0 278 130 175 650 1020 2253 n AHs 521 89 180 269 163 239 1461 3.Total Affected7 APs 2537 401 724 1231 650 1118 6661 Note: Component (i) Qi River Upstream Ecological Protection and (viii) institutional capacity building will not involve in LAR.
3. The gross investment in the Project is 2.025 billion yuan (326.57 million USD), including a construction investment of 1.706 billion yuan (275.13 million USD), financing Charges During Implementation of 52.266 million yuan (8.43 million USD) and contingencies of 266.672 million yuan (43.01 million USD), including an ADB loan of USD150 million, equivalent to 930 million yuan, while the balance of 1.095 billion yuan is to be raised by HCG. 4. Through preliminary identification, the Project belongs to Category A in involuntary resettlement. Therefore, QDG has prepared 6 RPs that comply with ADB’s Safeguard Policy Statement (2009), and the applicable laws, regulations and policies of the PRC, Henan Province and Hebi City with the assistance of the ADB technical assistance experts.
6 Affected by HD or LA with income loss rate more than >10% (significance of impact is determined based on income loss instead of land loss because most Affected Households live in or around urban area and do not rely on land resources and agricultural incomes). 7 No ethnic minorities will be affected by LAR. 3
5. The Qi County Wastewater and Solid Waste Management Subproject is the 7th subproject of the Project. The Qi County and its Housing Construction Bureau, Urban Administration Bureau, and Land and Resources Bureau are the implementing agencies, on behalf of QCG. The Qi PMO is responsible for the management and coordination of the Subproject.
1.2 Components and Resettlement Impacts 6. In recent years, the ecological environment of the Qihe River basin in Qi County, Hebi City is faced with severe challenges, and there is an urgent need to strengthen environmental management. In addition, existing urban sewer pipelines in some towns of Qi County cannot meet the demand for industrial and domestic wastewater collection, which may result in river pollution. Therefore, it is necessary to improve the wastewater collection network and expand the existing WWTP to improve water quality and utilize water resources effectively. 7. The Subproject’s benefits include: 1) improving the ecological environment of the Qihe River basin; 2) promoting the transformation to an ecological city; and 3) improving the living quality of local residents. 8. The Subproject consists of 3 components: 1) expansion of a WWTP to 30,000 t/d in Qi County; 2) construction of rainwater and wastewater pipelines, including wastewater pipelines of 69.12 km and rainwater pipelines of 132.49 km; and 3) construction of 15 waste transfer stations, with a floor area of 300 m2 each. Components 1 and 3 involve permanent LA, and Component 2 involves temporary land occupation. The Subproject involves no house demolition (HD). See Table 1-1.
Table 1-2 Scope of the Subproject No. Component Scope of construction Resettlement impacts Documents Expanding the existing WWTP in Acquiring 57 mu of collective land, Nanyangzhuang Village, Chaoge affecting 23 households with 98 1 WWTP Sub-district from 30,000 t/d to persons 60,000 t/d Constructing rainwater and Occupying 311.76 mu of land Rainwater and wastewater pipelines of 201.61 km, temporarily, including 87.19 mu of 2 wastewater including wastewater pipelines of collective land, 224.57 mu of RP pipelines 69.12 km and rainwater pipelines of state-owned land., affecting 216 132.49 km households with 1,020 persons Constructing 15 waste transfer Occupying state-owned land stations in the county town and reserved for construction for 12 Waste transfer 3 suburb, with a floor area of 300 m2 stations, and collective land stations each reserved for construction for 3 stations, affecting no one
4
Figure 1-2 Areas Affected by the WWTP (Upper) and Pipelines (Lower)
1.3 Measures to Reduce Resettlement 9. Whether during planning or implementation, resettlement impacts have been minimized based on a comprehensive consideration of construction costs, social impacts and environmental impacts. 1.3.1 Preparation Stage 10. At the planning stage, local economic and social impacts were taken as a key factor for option optimization and comparison; the design was optimized to occupy wasteland and state-owned where possible, and minimize farmland occupation. See Table 1-2.
Table 1-3 Measures to Reduce Resettlement at the Preparation Stage Component Option 1 Option 2 Preferred Impacts avoided Constructing a new WWTP Expanding the existing WWTP Option 2 Avoiding acquisition WWTP southeast of the junction of 1,200m southeast of the of 10 mu of land, Chaoge and Nanhuan junction of Taoyuan and Qihe involving no
5
Roads, with a floor area of Roads, with a floor area of 57 temporary land over 70 mu, involving mu occupation temporary land occupation Rainwater Adding a pipeline on each Adding a pipeline on one side Option 2 Avoiding the and side of roads to connect of roads only, with a branch temporary wastewater users on both sides pipeline laid at a certain occupation of pipelines interval on the other side 87.189 mu of land
1.3.2 Resettlement Implementation Stage 11. When LA or HD is unavoidable, the following measures will be taken to reduce the local impacts of the Subproject: 1) Conduct public participation and consultation actively to collect comments and suggestions from the APs. 2) Strengthen internal and external monitoring, establish an efficient and unobstructed feedback mechanism and channel, and shorten the information processing cycle to ensure that issues arising from implementation are solved timely. 3) Local competent authorities will assist the APs in resettlement to reduce their burden and losses. 1.3.3 Construction Stage 12. During construction, the following measures will be taken to minimize impacts on the APs: 1) Construction will be completed as quickly as possible. The destruction of farmland, roads and houses will be avoided where possible. Warning signs will be set up as necessary to facilitate pedestrian and vehicular traffic. 2) Spoil excavated during construction will be removed timely.
1.4 Estimated Resettlement Budget and Implementation Plan 13. Based on prices in July 2015, the resettlement budget of the Subproject is 6.2326 million yuan (about 0.86% of gross investment of 721.22 million yuan), including basic LA costs of 2.0398 million yuan or 48.77% of the resettlement budget, other costs (including planning and design costs, training costs, LA taxes, supporting fund for vulnerable groups, etc.) of 2.7368 million yuan or 43.92% of the resettlement budget, and contingencies of 456,100 yuan or 7.32% of the resettlement budget. The Subproject will be implemented from June 2016 to September 2020. Correspondingly, resettlement will begin in March 2016 and be completed in June 2017. 14. This RP has been prepared based on the latest feasibility study report and preliminary design, and will be updated based on the detailed design and DMS. The updated RP will be submitted to ADB for review and approval before the commencement of resettlement and prior to civil works contract awards.
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2 Impacts of the Subproject 2.1 Range of Impact Survey of LA 15. Hohai University was appointed by the Hebi PMO to conduct a socioeconomic survey in the subproject area in January 2015, using the methods of literature study, key informant interview, focus group discussion (FGD) and questionnaire survey, covering population, land resources, residential conditions, income and expenditure, expected resettlement modes, etc. 16. According to the survey, the Subproject will affect 4 villages in 4 towns/sub-districts in Qi County. See Table 2-1.
Table 2-1 Range of the Subproject Area No. County Town/sub-district Village Component 1 Chaoge Sub-district Nanyangzhuang1 WWTP 2 Weidu Sub-district Quantou Waste transfer stations Qi 3 Xigang Town Xigang Waste transfer stations 4 Beiyang Town Xipeitun Waste transfer stations
2.2 Impacts of Permanent LA 2.2.1 Amount and Affected Population 17. The permanently acquired collective land will be used for the construction of the WWTP and waste water stations mainly. 58.35 mu of land will be acquired, including 57 mu of irrigated land (97.69%) and 1.35 mu vacant land (2.31%), affecting 23 households with 98 persons. All collective land acquired for the WWTP is irrigated land. Among the 15 waste transfer stations, 0.45 mu of collective land reserved for construction will be acquired for 3 stations each, totaling 1.35 mu. See Table 2-2.
Table 2-2 Summary of Acquired Collective Land Permanent acquired collective land (mu) Component AHs APs Village Irrigated land Vacant land2 Nanyangzhuang Village, Chaoge WWTP 57 0 23 98 Sub-district 0 0.45 0 0 Xipeitun Village, Beiyang Town Waste 0 0.45 0 0 Xigang Village, Xigang Town transfer Quantou Village, Weidu stations 0 0.45 0 0 Sub-district Total 57 1.35 23 98 \
Figure 2-1 LA Site of the WWTP
1 Nanyangzhuang Village is not divided into groups. 2 The land to be occupied for waste transfer stations is unused and has no attachment.
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Figure 2-2 Rural Vacant Land to be Acquired for Waste Transfer Station
2.2.2 Cultivated Land Losses 18. The permanent acquisition of cultivated land (affecting agricultural income) will affect Nanyangzhuang Village, Chaoge Sub-district only. 57 mu of cultivated land will be acquired, affecting 23 households with 98 persons. 1) Village level 19. In Nanyangzhuang Village, Chaoge Sub-district, the AHs account for 14.94% of all households, the APs account for 5.08% of gross population, and overall land loss rate is 6.71%. See Table 2-3.
Table 2-3 Overall Land Losses in Nanyangzhuang Village Before LA LA impact Land loss rate Per capita Percent Land Sub- Per capita Cultivat cultivated Percent Village Popula Cultivated of loss district HHs cultivated AHs APs ed area area after of HHs tion area (mu) populati rate area (mu) (mu) LA (mu) (%) on (%) (%) Nanyan Chaoge 154 650 850 1.31 23 98 57 1.22 14.94 15.08 6.71 gzhuang
2) Household level 20. The average land loss rate of the 23 AHs is 31.37%. See Table 2-4.
Table 2-4 Land Losses in Nanyangzhuang Village by Household Acquired land Cultivated Land loss No. Component Village Household Population area (mu) area (mu) rate (%) 1 Yuan xx 2 4 5.55 36.04 2 Zhao xx 1 3 3.7 27.03 3 Shen xx 3 6 7.5 40.00 4 Zhang xx 3 4 7.5 40.00 5 Zhang xx 3 4 7.4 40.54 6 Fu xx 3 3 7.4 40.54 7 Niu xx 3 4 7.4 40.54 Nanyangzhuang Nanyangzhuang 8 Yang xx 2 6 7.4 27.03 9 Yang xx 3 6 7.4 40.54 10 Yang xx 1 3 3.7 27.03 WWTP 11 Yang xx 1 3 3.7 27.03 12 Yang xx 2 2 5.55 36.04 13 Yang xx 2 4 5.55 36.04 14 Yang xx 2 4 5.55 36.04 15 Yang xx 1 5 12 8.33 16 Yang xx 3 5 7 42.86 17 Yang xx 4 8 14.8 27.03 18 Yang xx 4 2 12.9 31.01 19 Gao xx 5 6 16.67 29.99 20 Gao xx 3 6 7.4 40.54
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21 Yang xx 2 4 5.55 36.04 22 Yang xx 2 3 7.41 26.99 23 Yang xx 2 3 7.41 26.99 Total \ 57 98 176.44 \ Average per household \ 2.48 4.26 7.67 33.23
21. Among the 23 AHs, one has a land loss rate of below 10%, accounting for 4.17%; 14 have land loss rates of 20%-40%, accounting for 60.87%; and 8 have land loss rates of 40%-60%, accounting for 34.78%.See Table 2-5.
Table 2-5 Land Loss Rates at Households Level Land loss rate Sub- Village Component <10% 20%-40% 40%-60% district HHs Population HHs Population HHs Population WWTP 1 5 14 55 8 38 Chaoge Nanyangzhuang Percent 4.17% 4.76% 60.87% 56.12% 34.78% 38.78%
2.2.3 Income Losses 22. According to the survey, all the land to be acquired for the Subproject is now used for crop cultivation. 23. Among the 23 AHs, 3 have agricultural income loss rates of below 10%, accounting for 13.40%; 6 have agricultural income loss rates of 10%-20%, accounting for 26.09%; 13 have agricultural income loss rates of 20%-30%, accounting for 56.52%; and one has an agricultural income loss rate of 30%-40%, accounting for 4.35%. Overall agricultural income loss rate is 22.41%. Totally 20 HHs with 81 persons are identified as significantly affected1. See Table 2-6.
Table 2-6 Family Income Loss Rates at Households Level Family Income loss rate Sub- Village Component <10% 10%-20% 20%-30% 30%-40% district HHs Population HHs Population HHs Population HHs Population WWTP 3 17 6 29 13 48 1 4 Chaoge Nanyangzhuang Percent 13.04% 17.35% 26.09% 29.59% 56.52% 48.98% 4.35% 4.08% Note: income loss rate = land loss rate × income generated from land / total household incomes.
2.3 Impacts of Permanent Occupation of State-owned Land 5.4 mu of state-owned land will be occupied permanently for the construction of 12 waste transfer stations, with a floor area of 300 m2 each. See Table 2-7.
Table 2-7 Permanently Occupied State-owned Land Component County Occupied land area (mu) Remarks Reserved state-owned Waste transfer stations Qi 5.4 construction land
2.4 Impacts of Temporary Land Occupation 24. Temporary land occupation will be caused by the rainwater and wastewater pipelines mainly. 311.76 mu of land will be occupied temporarily for the Subproject, including 224.57mu of state-owned land and 87.19 mu of collective land. See Table 2-8.
Table 2-8 Temporarily Occupied Collective Land Land Occupied land Affected Component County Sub-district Community/village type area (mu) HHs Population Rainwater Gucheng Community 20.45 9 45 Collective Qi Gucheng and Dashigang Village 13.8 2 9
1 Since most Affected Households live in or around urban area and do not rely on land resources and agricultural incomes, the AHs affected by LA with income loss rate more than >10% will be identified as significantly affected.
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wastewater Erlangmiao Village 16.57 60 201 pipelines Yangwu Village 12.44 46 199 Wangtun Village 8.7 3 14 Xigao Village 15.23 96 552 Subtotal 87.19 216 1020 Gucheng 78.21 0 0 State- Heqi Industry Cluster Zone 105.46 0 0 owned1 Old urban area of Qi 40.9 0 0 Subtotal 224.57 0 0 Total 311.76 216 1020
Figure 2-3 Site of Temporary Land Occupation
2.5 Affected Ground Attachments 25. The ground attachments affected by the Subproject will be affected by the WWTP, and rainwater and wastewater pipelines mainly, mainly including trees, wells, telegraph poles and well houses. See Table 2-9.
Table 2-9 Affected Ground Attachments Well Sub- Timber Telegraph Component County Village Wells houses district trees poles (m2) WWTP Qi Chaoge Nanyangzhuang 0 1 7 4 Rainwater and Qi Gucheng Yangwu 30 1 2 4 wastewater pipelines Total \ \ \ 30 2 9 8
2.6 Affected Population 2.6.1 Summary 26. The Subproject will affect 239 households with 1,118 persons in total, in which 23 households with 89 persons will be affected by permanent LA, and 216 households with 1,020 persons by temporary land occupation. See Table 2-10.
Table 2-10 Summary of Affected Population Temporary County County Type of impact Permanent LA land Total Componen occupation t Sub-distric Village/ Grou HH Populatio HH Populatio HH Populatio Female t community p s n s n s n s WWTP Chaoge Nanyangzhuang 23 98 0 0 23 98 48
Rainwater Qi Gucheng 2 0 0 4 22 4 22 12
and Gucheng Communit 3 0 0 5 23 5 23 9 wastewater y
1 Existing roads will be affected.
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pipelines Dashigang 1 0 0 2 9 2 9 5 1 0 0 17 44 17 44 19 Erlangmia 2 0 0 18 87 18 87 41 o 3 0 0 25 70 25 70 33 Yangwu 1 0 0 46 199 46 199 101 Wangtun 2 0 0 3 14 3 14 7 Xigao 2 0 0 96 552 96 552 249 Total 23 98 216 1020 239 1118 524
2.6.2 Affected Vulnerable Groups 27. According to the preliminary survey, two MLS households with 4 persons in Nanyangzhuang Village affected by the Subproject fall into vulnerable groups, who will be affected by the WWTP. Affected vulnerable population will be further identified during the DMS. See Table 2-11.
Table 2-11 Summary of Affected Vulnerable Groups Vulnerable Location Labor Gender Component No. Group Population population Sub-district Village force Male Female 1 MLS 2 2 1 1 1 WWTP Chaoge Nanyangzhuang 2 MLS 2 2 1 1 1
2.6.3 Affected Minority Population 28. According to the preliminary survey, the Subproject will affect no minority population. Affected minority population (if any) will be further identified during the DMS. 2.6.4 Gender Impacts 29. In the population affected by permanent land occupation in Chaoge Sub-district, there are 48 females, accounting for 48.98%. See Section 3.3 for a detailed gender analysis. At the preparation stage, women have been treated equally, and the relevant measures are set out in Section 5.5. A gender action plan has been developed, and is included in the Social Assessment Report of the Subproject.
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3 Socioeconomic Profile 3.1 Socioeconomic Profile of the Subproject Area Hebi City 30. Hebi is located in northern Henan Province, in the transitional zone between the east piedmont of the Taihang Mountains and the North China Plains, between east longitude 113’59”-114’45” and north latitude 35’26”-36’02”, with a land area of 2,182 km2, including an urban area of 513 km2. Its landforms include mountain, hill, plain and lowland. The city features a warm climate, distinct seasons, ample sunshine and a long frost-free period. The city governs two counties, 3 districts and a development zone, 24 sub-districts, 6 Xiangs and 14 towns. The city abounds with natural resources and over 30 proven minerals, including coal, limestone, dolomite, quartz sandstone and refractory clay. 31. At the end of 2013, the city had a population of 1.6117 million and a resident population of 1.609 million. In 2013, the city’s GDP was 62.212 billion yuan, a year-on-year growth of 12.5%, in which the added value of primary industries was 6.104 billion yuan, up 4.0%; that of secondary industries 44.626 billion yuan, up 14.7%; and that of tertiary industries 11.482 billion yuan, up 8.0%. The ratio of primary, secondary and tertiary industries was 9.8:71.7:18.5. In 2013, the per capita disposable income of urban residents was 21,228 yuan, a year-on-year growth of 10.1%, and the per capita net income of rural residents 10,608 yuan, a year-on-year growth of 13.0%. See Table 3-1.
Table 3-1 Socioeconomic Profile of Hebi City (2013) No. Item Unit Hebi City 1 Land area km2 2182 2 Cultivated area 0,000 mu 253.87 3 Population 0,000 161.17 4 Agricultural population 0,000 76.07 5 Nonagricultural population 0,000 85.10 6 GDP 00 billion yuan 622.12 7 Primary industries 0,000 yuan 61.04 8 Secondary industries 0,000 yuan 446.26 9 Tertiary industries 0,000 yuan 114.82 10 Per capita GDP yuan 38600 11 Per capita disposable income of urban residents yuan 21228 12 Per capita net income of rural residents yuan 10608 Source: National Economic and Social Development Statistical Bulletin 2013 of Hebi City
Qi County 32. Qi County is located in northern Hebi City, with a land area of 567.43 km2, run through by the Qihe and Weihe Rivers, bordered by the Taihang Mountains on the west, Junxian County on the east, downtown Hebi on the north and Weihui City on the south. The county governs 5 townships (Gaocun, Beiyang, Xigang and Miaokou Towns, and Huangdong Xiang) and 4 sub-districts (Chaoge, Qiaomeng, Weudu and Lingshan). 33. At the end of 2013, the county’s population was 269,000. In 2013, the county’s GDP was 17.034 billion yuan, up 11.4% year on year, in which the added value of primary industries was 1.894 billion yuan, up 3.7%; that of secondary industries 13.744 billion yuan, up 17.6%; and that of tertiary industries 1.4 billion yuan, up 6.1%. Urban residents’ per capita disposable income was 18,950.5 yuan, up 14.7 %; and farmers’ per capita net income 10,950.3 yuan, up 17%. See Table 3-2.
Table 3-2 Socioeconomic Profile of Qi County (2013) No. Item Unit Qi County 1 Land area km2 567.43 2 Cultivated area 0,000 mu 144.24 3 Population 0,000 27.96 4 Agricultural population 0,000 13.96 5 Nonagricultural population 0,000 14
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6 GDP 00 billion yuan 170.34 7 Primary industries 0,000 yuan 18.94 8 Secondary industries 0,000 yuan 137.44 9 Tertiary industries 0,000 yuan 14 10 Per capita GDP Yuan 5.9 11 Per capita disposable income of urban residents yuan 18950.5 12 Per capita net income of rural residents yuan 10950.3
Affected sub-districts/towns 34. The Subproject will affect two sub-districts (Chaoge and Weidu) and two towns (Xigang and Beiyang) in Qi County. 35. Chaoge Sub-district is the county town, and political, economic and cultural center of Qi County, boasting developed commerce, an advantaged geographic location, highly convenient traffic, and excellent natural conditions. At the end of 2013, the sub-district had 15,350 households with 53,213 persons. 36. Weidu Sub-district is located in northeastern Qi County, boasting an advantaged geographic location, convenient traffic, and developed agriculture and stockbreeding. At the end of 2013, the sub-district had 15,678 households with 54,835 persons. 37. Xigang Town is located in southeastern Qi County, being a major agricultural and cultural town in Qi County, boasting developed agriculture and extensive technology application. At the end of 2013, the town had 16,207 households with 53,372 persons. 38. Beiyang Town is located in southwestern Qi County, governing 34 administrative villages and 65 natural villages, boasting convenient traffic, diversified topography, and rich mineral, tourist and cultural resources. At the end of 2013, the town had 12,412 households with 44,142 persons. See Table 3-3.
Table 3-3 Socioeconomic Profile of the Affected Towns (2013) Chaoge Weidu Xigang Beiyang Town/sub-district Sub-district Sub-district Town Town Population 53213 54835 103372 44142 Rural economic income (0,000 yuan) 116651 122373 172532 85190 15011 22873 114892 67170 (1) Subtotal (0,000 yuan) Farming, Crop cultivation (0,000 yuan) 11677 19800 82250 43500 forestry, Fruit cultivation (0,000 yuan) 391 13 80 800 sideline Stockbreeding (0,000 yuan) 1733 2800 32500 22800 and Aquaculture (0,000 yuan) 10 0 45 20 fishery Sidelines (0,000 yuan) 1200 260 17 50 Where (2) Industry (0,000 yuan) 78698 97000 28520 5500 (3) Construction (0,000 yuan) 13523 840 28600 10000 (4) Transport (0,000 yuan) 3204 560 34 650 (5) Commerce (0,000 yuan) 3502 700 190 700 (6) Service (0,000 yuan) 2405 290 200 850 (7) Other (0,000 yuan) 308 110 96 320 Net income (0,000 yuan) 85102 86000 132809 68060 Labor Labor force 1980 1400 10300 3800 output Income (0,000 yuan) 12533 16000 31000 17100 Per capita (yuan) 15993 15683 12848 15418 net income
Socioeconomic Profile of the Affected Villages 39. Among the villages affected by the Subproject, only Nanyangzhuang Village, Chaoge Sub-district has affected population. See Table 3-4.
Table 3-4 Socioeconomic Profile of the Affected Villages
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Population Population Crop Labor Per Gross Industry and Net cultivation output capita Sub-dis Labor Labor Cultivated income commerce income Village HHs income income net trict force output area (mu) (0,000 income (0,000 (0,000 (0,000 income yuan) (0,000 yuan) yuan) yuan) yuan) (yuan) Nanyang Chaoge 154 650 410 450 130 850 970 9 532 240 14920 zhuang
3.2 Socioeconomic Profile of the Affected Population 3.2.1 Economic Conditions of the AHs 40. The task force conducted a questionnaire survey on all 23 affected households with 98 persons in Nanyangzhuang Village, Chaoge Sub-district affected directly by the Subproject in January 2015. 1) Ethnic and gender composition 41. The 23 households have 98 persons, 71 laborers and 48 women (48.98%), with an average population of 3.09 per household. All are Han people. 2) Age structure 42. Among the 98, 22 are aged 16 years or below, accounting for 22.45%; 43 aged 16-39 years, accounting for 43.88%; 24 aged 40-59 years, accounting for 24.49%; and 10 aged 60 years or above, accounting for 10.2%. 3) Educational level 43. Among the 98, 19 have received primary school or below education, accounting for 25.0%; 28 have received junior high school education, accounting for 36.84%; 19 have received senior high or secondary technical school education, accounting for 25.0%; and 10 have received junior college education, accounting for 13.16%. See Table 3-5.
Table 3-5 Demographics of the Population Male Female Total Item N Percent (%) N Percent (%) N Percent (%) Age ≤16 years 12 24.00% 10 20.83% 22 22.45% 17-39 years 22 44.00% 21 43.75% 43 43.88% 40-59 years 13 26.00% 11 22.92% 24 24.49% ≥60 years 4 8.00% 6 12.50% 10 10.20% Subtotal 50 100.00% 48 100.00% 98 100.00% Educational level (adults) Primary school or below 7 18.42% 12 31.58% 19 25.00% Junior high school 15 39.47% 13 34.21% 28 36.84% Senior high school / 11 28.95% 8 21.05% 19 25.00% secondary technical school Junior college or above 5 13.16% 5 13.16% 10 13.16% Subtotal 38 100.00% 38 100.00% 76 100.00%
4) House size 44. The houses of the households are in masonry concrete structure mainly, with a total size of 3,532.80 m2, and a per capita size of 147.20 m2 per household or 23.87 m2 per capita. See Table 3-6.
Table 3-6 Houses of the Households Item Total Percent 1. Number of houses 24 \ 2. House type 1) Single-storied 11 45.83% 2) Multi-storied 13 54.17% 3. House size 1) <80m2 1 4.17%
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2) 80-140m2 17 70.83% 3) 141-200m2 4 16.67% 4) >200m2 2 8.33% 4. Structure 1) Frame 6 25.00% 2) Masonry concrete 17 70.83% 3) Masonry timber 1 4.17%
5) Land resources 45. The 23 households have a total contracted cultivated area of 176.44 mu, 1.8 mu per capita. Their cultivated land is irrigated land used for crop cultivation, and the main crops are wheat and corn, with annual net income of about 1,100 yuan/mu. 5) Household properties 46. An average household has 1.6 TVs, 0.24 PC, 0.82 refrigerator, 0.76 air-conditioner, 0.41 hi-fi, 2.63 fixed telephones/mobile phones, 1.38 bicycles/motorcycles, and 0.27 car/tractor, indicating an above-average overall living standard. 6) Household income and expenditure 47. The per capita annual income of the 23 households is 8,645.12 yuan, in which crop cultivation income is 2,690.12 yuan, accounting for 23.07%. The average income of the households is much higher than the national rural poverty line (2,300 yuan in 2011). See Table 3-7.
Table 3-7 Household Income and Expenditure Average per Per capita Item Percent (%) household (yuan) (yuan) Cultivation income 11782.72 2690.12 23.07% Forestry income 1550.51 354.00 3.04% Operating income 4908.43 1120.65 9.61% Household Stockbreeding income 8781.46 2004.90 17.19% income Labor output income 23389.78 5340.13 45.79% Property income 670.18 153.01 1.31% Subtotal (A) 43412.9 11662.80 100.00% Agricultural productive expenditure (B) 7958.41 1816.99 33.72% Nonagricultural productive expenditure (C) 5256.42 1200.10 13.68% Nonproductive expenditure (D) 13786.31 3147.56 35.87% Daily expenses 4662.16 1064.42 12.13% Household Item Educational expenses 1540.19 351.64 4.01% expenditure Medical expenses 7583.96 1731.50 19.73% Social security expenses (E) 1520.37 347.12 3.96% Other expenses (F) 4913.55 1121.82 12.78% Subtotal (B+C+D+E+F) 38435.06 8775.13 100.00% Per capita net income (A-B-C) 8645.72 \
3.2.2 Expected Resettlement Modes 48. Since all APs have covered by social endowment insurance for urban and rural residents, the land-based resettlement mode is no longer considered. All the 23 households prefer cash compensation. Other resettlement modes include: a) increasing cultivation or stockbreeding income through restructuring, chosen by 7 households, accounting for 30.43%; b) investing LA compensation in catering, merchandising, transport and other tertiary operations, chosen by 5 households, accounting for 21.74%; and c) attending training courses organized by the labor and social security authority, chosen by 12 households, accounting for 52.17%. See Table 3-8.
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Table 3-8 Expected Resettlement Modes of the Households Affected by LA1 Expected resettlement mode (multiple choices allowed) Sub-district HHs Cash Agricultural Tertiary Skills Endowment compensation development operations training insurance Chaoge 23 23 7 5 12 23 Percent 100.00% 30.43% 21.74% 52.17% 100.00%
3.2.3 Gender Analysis 49. The Gender Action Plan will ensure gender mainstreaming at the overall project level during the implementation stage. ADB’s gender and development policy is a key strategy for promoting gender equality and mainstreaming. The Chinese government also attaches great importance to gender equality and women’s development, and takes gender equality as a basic state policy. The task force has conducted a detailed gender analysis on local women as part of the resettlement planning as well. See Table 3-9. 50. At the design stage, particular attention will be paid to women’s needs so that they can benefit more from the Subproject, such as public facilities and services, livelihood selection and restoration, skills training, and other resettlement activities.
Table 3-9 Gender Analysis Part A—Gender analysis of rural women in the subproject area 1. Legal rights of According to laws of the PRC, women have equal legal rights with men, though some women are not women fully aware of this. 2. Social status of Local women have relatively good social status. All key matters of a family are determined by the women couple through discussion. Men are the backbone of families, and attend the important village meetings. However, women can influence men when they make decisions at meetings. 3. Title to land and Women have the same title as men. Like other parts of China, in the subproject area, when a daughter properties is married, her land will remain in her mother’s family and she can only share the land owned by her husband’s family since the household contract responsibility system was implemented in 1982. If LA, HD or resettlement is involved, women will have equal rights to compensation. 4. Right to collective Women have equal rights. properties 5. Living and There is no restriction on gender role. However, women do housework and appropriate farm work gender role mainly in Chinese rural areas, while men mostly do farm work or work outside. 6. Contribution to Women’s income is from farming and household sideline operations mainly, accounting for about 50% household income of household income. 7. Family status Women have an equal voice in decision-making; when men are away for work, women make decisions themselves in many aspects. 8. Educational level Boys and girls enjoy equal opportunities in receiving education, and as long as children study hard, their parents would do their best to support their school education. 9. Health Women’s health condition is quite good and there is no significant difference in nutrition level compared to men; however, medical expenses are rising and have become a significant burden for some households, and women may suffer more. 10. Village and Women are represented in all village committees. In addition, women have a good informal network in government the village and the village group. Women may participate in the election of the village committee, and agencies have the right to elect and be elected. Overall evaluation Women enjoy a good status in the subproject area, and there is no restriction on gender role. and key risks B—Gender analysis of women during resettlement Gender issue Concern/risk Impact of the Subproject Mitigation measures 1. Land, Women are deprived Men and women have equal rights to compensation (1) Cash compensation properties and of land or properties for land acquisition and resettlement; the Subproject
1 In the subproject area, most villagers deal with other operations while farming to increase household income. For example, in most families, old people farm at home, and their children and their spouses work outside or deal with other nonagricultural operations, so the modes listed above may overlap.
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right to or have no right to will not have any significantly adverse impact on compensation compensation. women. 2. Production Women are affected All AHs will lose part of land only, so the AHs will lose (1) Women will receive and income even more seriously, part of income only. Compensation fees will be used compensation fees for land restoration after and receive less at the AHs’ discretion. Only seriously affected acquisition; (2) At least land acquisition assistance. households have to change their income sources. In 30% of trainees of skills addition to cash compensation, the AHs will be training will be women; (3) assisted in restoring income through auxiliary During construction, measures (e.g., priority in employment during women will obtain at least construction, skills training and subsequent support). 30% of unskilled jobs. 3. Increase of Women have a The Subproject will not lead to gender inequalities. For Monitoring gender heavier burden or most households, resettlement impacts are not inequalities fewer opportunities. serious. 4. Social The social network is The Subproject will not affect the social network No impact network system damaged. seriously. 5. Impact on Serious health or The Subproject will not affect the villages seriously, Providing assistance health / increase social problems due but some seriously affected households and together with the civil of social to resettlement vulnerable groups will be faced with difficulties. affairs department problems (violence, AIDS propagation, etc.)
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4 Legal Framework and Policies 4.1 Laws, Regulations and Policies Applicable to Resettlement 51. The resettlement policies of the Subproject have been developed in accordance with the laws and regulations of the PRC, and ADB’s policies, including: 1. ADB policies Safeguard Policy Statement, June 2009 Safeguard Requirement 2: Involuntary Resettlement 2. Laws, regulations and policies of the PRC Land Administration Law of the PRC (amended on August 28, 2004) Rural Land Contracting Law of the PRC, effective from March 1, 2003 Regulations on the Implementation of the Land Administration Law of the PRC (Decree No.256 of the State Council), December 27, 1998 Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238) Notice of the General Office of the State Council on Doing a Good Job in the Employment Training and Social Security of Land-expropriated Farmers (SCO [2006] No.29) Notice of the Ministry of Labor and Social Security, and the Ministry of Land and Resources on Doing Well in the Social Security of Land-expropriated Farmers Practically (MLSS [2007] No.14) Real Right Law of the PRC, effective from October 1, 2007 Interim Regulations on Farmland Occupation Tax of the PRC, effective from January 1, 2008 Regulations of the PRC on the Disclosure of Government Information, effective from May 1, 2008 Urgent Notice of the General Office of the State Council on Further Regulating the Management of Land Acquisition and House Demolition, and Protecting People’s Lawful Rights and Interests Practically (SCO [2010] No.15) Notice of the Ministry of Land and Resources on Further Improving the Management of Land Acquisition, June 26, 2010 Urgent Notice of the General Office of the Ministry of Land and Resources on Conducting Strict Management to Prevent Illegal Land Acquisition (MLR [2013] No.28) Notice of the General Office of the Ministry of Land and Resources on Doing a Better Job in Disclosing City- and County-level Land Acquisition Information (MLRO [2014] No.29) 3. Regulations and policies of Henan Province Notice of the General Office of the Henan Provincial Government on Strengthening Land Control and Rigidly Enforcing Land Administration (HCGO [2007] No.33) Opinions of the Henan Provincial Labor and Social Security Department, Land and Resources Department, and Finance Department on Doing Well in the Employment Training and Social Security of Land-expropriated Farmers (HPLSS [2008] No.19) Opinions of the Henan Provincial Government on Trials on Social Endowment Insurance for Urban and Rural Residents (HPG [2011] No.58) Notice of the Henan Provincial Labor and Social Security Department, and Finance Department on Further Strengthening the Management of Special Employment Funds (YCS [2011] No.293) Notice of the Henan Provincial Labor and Social Security Department, and Finance Department on Issuing the Administrative Measures for Employment and Business Startup of Henan Province (YRSJY [2012] No.25) Notice of the Henan Provincial Government on Adjusting Location-based Composite Land Prices for Land Acquisition of Henan Province (HPG [2013] No.11) Notice of the General Office of the Henan Provincial Government on Issuing the Special Corrective Plan for Land Acquisition and House Demolition (HCGO [2014] No.110) 4. Regulations and policies of Hebi City and Qi County Notice of the Hebi City Government on Adjusting Compensation Rates for Ground Attachments and Young Crops on Land Acquired for State Construction (HCG [2012] No.11)
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Notice of the Hebi City Government on Issuing the Measures for Securing Low-rent Housing of Hebi City (HCG [2008] No.33) Notice of the Hebi City Government on Issuing the Measures for the Implementation of Basic Endowment Insurance for Urban and Rural Residents of Hebi City (HCG [2014] No.34) Notice of the Hebi City Government on Issuing the Measures for the Implementation of Medical Assistance for Urban and Rural Residents with Difficulty of Hebi City (HCG [2011] No.43)
4.2 Abstract of the ADB Policy Involuntary resettlement 52. ADB’s policy on involuntary resettlement has three key elements: (1) compensation for lost properties, livelihoods and income; (2) assistance in resettlement, including the provision of a resettlement site, and appropriate facilities and services; and (3) assistance for restoration, as a minimum, to the standard of living in the absence of the project, taking into account the following basic principles: 1. 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 a gender analysis, specifically related to resettlement impacts and risks. 2. Carry out meaningful consultations with affected persons, host communities, and concerned nongovernmental 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. 3. 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. 4. 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 development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. 5. 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. 6. 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. 7. 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 nonland assets. 8. 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. 9. 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)
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understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. 10. 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. 11. Pay compensation and provide other resettlement entitlements before physical or economic relocation. Implement the resettlement plan under close supervision throughout project implementation. 12. 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. 53. See Table 4-1.
Table 4-1 Principles for Resettlement Principles 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. 3 The APs are given compensation and assistance in resettlement whether legal title is available or not. If the land available to everyone is insufficient to maintain his/her livelihood, replacement in cash or in 4 kind and other income-generating activities are provided for the lost land. The APs fully understand their entitlements, the method and standard of compensation, the livelihood 5 and income restoration plan, and the project schedule, and participate in the implementation of the RP. No forced relocation or economic transformation occurs, until: 1) Compensation at full replacement cost has been paid to each AP; 2) The APs have received the other rights specified in the RP; and 3) 6 Integrated income and livelihood restoration programs have been developed, and appropriate financial support is available to increase or at least restore their income and living standard. 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 expenses are sufficient to cover all affected aspects. The executing agency and an independent agency / third party should monitor the compensation, 9 relocation and resettlement operations.
Gender and development 54. ADB’s gender and development policy is a critical mainstreaming strategy in promoting gender equality, and includes the following key points: 1) Gender sensitivity: Particular attention should be paid to women’s needs and expectations in consideration of impacts of the ADB-financed project on men and women; 2) Gender analysis: A systematic analysis of the project’s impacts on men and women should be made to learn their economic and social connections; 3) Gender planning: A special strategy that offers equal opportunities to men and women should be developed; 4) Mainstreaming: ADB considers the gender issue in all aspects of the project, and encourages women to participate in decision-making in the development process actively.
4.3 Key Provisions of PRC Laws, Regulations and Policies 4.3.1 Abstract of applicable state laws and regulations 1. Provisions on land ownership and use right 55. The People's Republic of China resorts to a socialist public ownership i.e. an ownership by the whole people and ownerships by collectives, of land. Land in urban districts shall be owned by the State. Land in the rural areas and suburban areas, except otherwise provided for by the State, shall be collectively owned by farmers including land for building houses, land and hills allowed to be retained by farmers. (Articles 2 and 8 of the Land Administration Law of the PRC) 56. To meet the needs of public interests, collectively-owned lands, premises owned by entities and individuals or other real properties may be expropriated in accordance with the power scope
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and procedures provided by laws. As for the expropriation of collectively-owned land, it is necessary to, according to law and in full amount, pay such fees as land compensation fees, placement subsidies, compensations for the above-ground fixtures of the lands and seedlings, arrange for social security fees for the farmers whose land is expropriated, secure their livelihood and safeguard their legitimate rights and interests. As for the expropriation of the premises owned by entities and individuals or other real properties, it is necessary to make compensation for demolishment and relocation according to law and safeguard the legitimate rights and interests of the owners of the real properties expropriated; as for the expropriation of the individuals' residential houses, it is necessary to safeguard the housing conditions of the owners of the houses expropriated. (Article 42 of the Real Right Law of the PRC) 57. Men and women shall have the equal rights to contract the rural land. The women’s lawful rights to land contract shall be protected. No organizations or individuals shall exploit or infringe upon the right to operate contracted land that women shall enjoy. Within the duration of the contract, the party that lets the contract shall not withdraw or readjust the contracted land. (Articles 6, 26 and 27 of the Rural Land Contracting Law of the PRC) 2. Provisions on LA compensation rates 58. In acquiring land, compensation should be made according to the original purposes of the land acquired. Compensation fees for land acquired include land compensation fees, 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 preceding the acquisition of the cultivated land. But the maximum resettlement fee per hectare of land acquired shall not exceed 15 times of the average annual output value of the three years prior to the acquisition. (Article 47 of the Land Administration Law of the PRC) 59. County-level and above local governments shall take practical measures so that the standard of living of farmers affected by land acquisition is not reduced by land acquisition. Land compensation, resettlement subsidy and compensation for ground annexes and crops shall be paid in full and timely pursuant to law. If the land compensation and resettlement subsidy pursuant to the prevailing laws and regulations are insufficient to maintain the former standard of living of the farmers affected by land acquisition or to pay the social security expenses of farmers who lose all land due to land acquisition, the governments of provinces, autonomous regions and Cityities directly under the Central 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 farmers affected by land acquisition, local governments may pay a subsidy from the income from compensated use of state land. The governments of provinces, autonomous regions and Cityities directly under the Central Government shall fix and publish the uniform annual output value standards 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 12 of the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration) 3. Provisions on the resettlement of LEFs 60. County-level and above local governments shall take specific measures to guarantee long-term livelihoods of farmers affected by land acquisition. For projects with a stable income, farmers may become a shareholder using the right to use of land used for construction approved pursuant to law. Within the urban planning area, local governments shall bring farmers who lose all land due to land acquisition into the urban employment system, and establish a social security system; out of the urban planning area, in acquiring land collectively owned by farmers, local governments shall reserve necessary arable land or arrange appropriate jobs for farmers affected by land acquisition 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. (Article 13 of the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration) 61. LEFs may choose the following modes of resettlement: 1) Agricultural resettlement: When
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rural collective land out of urban planning areas is acquired, land-expropriated farmers shall be first provided with necessary arable land using mobile collective land, contracted land turned over by contractors and arable land arising from land development so that they continue to pursue agricultural production; 2) Reemployment: Conditions shall be created actively to provide free labor skills training to land-expropriated farmers and place them to corresponding jobs. Under equal conditions, land users shall first employ land-expropriated farmers. When rural collective land within urban planning areas is acquired, land-expropriated farmers shall be included in the urban employment system and a social security system established for them; 3) Dividend distribution: When any land with long-term stable income is to be used for a project, the affected rural collective economic organization may become a project shareholder with compensation fees for land acquisition or rights to use construction land in consultation with the land user. The rural collective economic organization and rural households will receive dividends as agreed; and 4) Non-local resettlement: If basic production and living conditions are not available locally to land-expropriated farmers, non-local resettlement may be practiced under the leadership of the government in consultation with the rural collective economic organization and rural households. (Article 2 of the Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition) 62. LEFs’ production and livelihoods shall be secured in multiple resettlement modes, mainly including 1) Agricultural resettlement: In rural areas with increased farmland through land consolidation or much reserved collective land, such land shall be allocated to LEFs upon land acquisition in order to maintain their basic production conditions and income resources; 2) Resettlement with reserved land: This mode may be applied to urban construction land acquired within the master land utilization plan; reserved land shall be developed in compliance with the urban construction plan and utilized scientifically under strict government regulation; and 3) Social security funds for LEFs shall be made available under the unified leadership of local governments. (Notice of the Ministry of Land and Resources on Further Improving the Management of Land Acquisition, June 26, 2010) 4. Provisions on LA management 63. Uniform AAOV rates and location-based composite land prices shall be implemented strictly in all aspects, and be adjusted every two or three years based on local economic development and per capita income level. 64. Compensation fees for land acquisition shall be made available timely and fully. All localities shall explore and improve depositing systems for compensation fees for land acquisition. (Notice of the Ministry of Land and Resources on Further Improving the Management of Land Acquisition, June 26, 2010) 5. Provisions on LA information disclosure 65. During land acquisition, the ownership of collective land of farmers and the right to contracted management of farmers’ land shall be maintained. Before land acquisition is submitted for approval pursuant to law, the use, location, compensation standard and resettlement mode of the land to be acquired shall be notified to farmers affected by land acquisition; the survey results of the present situation of the land to be acquired shall be confirmed by rural collective economic organizations and farmers to be affected by land acquisition; if necessary, the land and resources authorities shall organize a hearing in accordance with the applicable provisions. The materials for notification to and confirmation by the farmers affected by land acquisition 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 farmers affected by land acquisition and land users. Approved matters of land acquisition shall be disclosed unless in special cases. (Article 14 of the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration) 66. An administrative organ shall disclose government information in a timely and accurate manner. Where any administrative organ finds out any false or incomplete information that has affected or may affect social stability or has disturbed or may disturb social management order, it shall disclose the corresponding accurate government information within its scope of duties to clarify. (Article 6 of the Regulations of the PRC on the Disclosure of Government Information) 67. An administrative organ shall disclose the government information that shall be voluntarily disclosed through government bulletins, government websites, news releases, newspapers and periodicals, broadcasting, television or any other means easy for the general public to access.
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(Article 15 of the Regulations of the PRC on the Disclosure of Government Information) 68. The people’s governments at various levels shall set up a place for consulting government information at national archives and public libraries and equip with corresponding facilities and equipments to provide convenience for citizens, legal persons or other organizations to access government information. An administrative organ may, in light of the actual needs, set up such places as public consulting room, place for demanding materials, information board and electronic information screen for government information disclosure. An administrative organ shall provide the government information voluntarily disclosed by it to national archives and public libraries in a timely manner. (Article 16 of the Regulations of the PRC on the Disclosure of Government Information) 69. City and county governments shall strengthen the active disclosure of land acquisition information by means of official website, newspaper, broadcast, television, micro-blogging, etc. Citizens, legal persons and other organizations may apply for information disclosure with valid certificates for their special purposes. Land acquisition information to be disclosed actively shall be disclosed to the public within 10 working days after approval by superior authorities, including the land acquisition announcement, and compensation and resettlement program for land acquisition. (Notice of the General Office of the Ministry of Land and Resources on Doing a Better Job in Disclosing City- and County-level Land Acquisition Information (MLRO [2014] No.29)) 4.3.2 Abstract of applicable provincial regulations and policies 70. Land and resources authorities shall examine construction projects strictly in accordance with the laws and regulations on land administration, industry policies, and construction land quotas, and shall not approve farmland conversion or land use if any compensation and resettlement program for land acquisition cannot resettle LEFs properly. 71. The provincial labor and social security department shall develop local minimum AAOV rates and location-based composite land prices based on land grade, input, type and quality, and farm product prices together with the development and reform, agriculture, statistics, and other departments concerned, and submit them to the provincial government for approval. Local governments shall increase compensation rates if they are insufficient for LEFs to maintain the former living standard or insufficient to cover social security costs. The agriculture and civil affairs departments shall study measures for the distribution of land compensation fees within rural collective economic organizations and supervise the use thereof. 72. After collective land within the urban planning area is acquired as state-owned land, the local government shall set aside a certain amount of land to resettle LEFs, or include LEFs in the urban employment and social security systems. 73. City and county governments shall offer free labor skills training to LEFs to help them get employed, and land users shall recruit LEFs with priority. (Opinions of the Henan Provincial Government on Implementing the Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (HPG [2004] No.80)) 74. LEFs with a per capita cultivated area of less than 0.3 mu shall be included in employment training and social security. 75. Local governments shall develop uniform urban-rural human resources markets to improve the employment and business startup environment for LEFs, and guide enterprises, communities and public institutions to employ LEFs. 76. Public employment service agencies shall be open to LEFs for free to provide them with employment consulting, guidance, training and referral services to promote their employment. Unemployed LEFs shall be registered to receive employment services for unemployed urban residents. 77. For land acquisition within the urban planning area, the government shall appropriate funds from land transfer fees to promote the employment of LEFs, and develop public welfare jobs to place LEFs with difficulty in employment. 78. Local governments shall strengthen occupational training for LEFs of labor age using educational resources to improve their employment and business startup capacity. LEFs getting trained will receive training subsidies for unemployed urban residents from local public finance. (Opinions of the Henan Provincial Labor and Social Security Department, Land and Resources Department, and Finance Department on Doing Well in the Employment Training and Social Security of Land-expropriated Farmers (HPLSS [2008] No.19)) 79. Land acquisition and house demolition rates and procedures shall be implemented strictly to prevent and mitigate conflicts and disputes from the very beginning. First, the compensation rates
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for land acquisition specified in the Notice of the Henan Provincial Government on Adjusting Location-based Composite Land Prices for Land Acquisition of Henan Province (HPG [2013] No.11) shall be complied with strictly. Second, land acquisition shall be notified and adequate consultation conducted in advance. Third, LEFs shall be included in social security to ensure that their livelihoods are secured practically. 80. A social stability risk evaluation mechanism, and a dispute arbitration and mediation mechanism for land acquisition and house demolition shall be established to handle conflicts timely, effectively and lawfully. (Notice of the General Office of the Henan Provincial Government on Issuing the Special Corrective Plan for Land Acquisition and House Demolition (HCGO [2014] No.110))
4.4 Main Differences between the ADB Policy and PRC Laws Compensation for land 81. 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. 82. Solution: An early-stage solution is to provide replacement land, which is hardly practical. 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. Compensation and resettlement of vulnerable groups 83. Difference: ADB policies require that special compensation is 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. 84. Solution: Special funds are available to assist the vulnerable groups, who are identified during the DMS. All measures have been specified in the RP. Consultation and disclosure 85. 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. 86. Solution: Consultation has begun at the early stage (before and during the technical assistance). The Hebi PMO agrees to disclose the RP to APs as required by ADB. Resettlement monitoring, evaluation and reporting 87. Difference: ADB requires that internal and external resettlement monitoring be conducted. However, there is no such requirement in Chinese laws, expect for reservoir projects. 88. Solution: 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.
4.5 Cut-off Date 89. The cut-off date for the eligibility for compensation is fixed preliminarily and disclosed to AHs at 15th March 2015 during the preliminary Inventory of Losses (IOL) survey and socioeconomic survey, and will be disclosed again upon release of the LA announcement expected in February 20161. Local governments will not issue any new permits for construction in the area affected by LA of the Project after the preliminary cut-off date. Any newly claimed land, newly built house or settlement in the project area by the APs after this date will not be entitled to compensation or subsidization. Any building constructed or tree planted purely for extra compensation will not be counted in.
4.6 Compensation Rates 90. The following compensation rates apply until March 2015. If the local government issues
1 During the inventory of losses (IOL) survey, the cut-off date was preliminarily set and disclosed to affected villages and AHs; once the local government gets the LA approval file from Henan Province Government and issues the announcement of LA in project area, the finalized cut-off date will be set and disclosed again.
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any higher rate at the resettlement implementation stage, such new rate will apply to all AHs. 4.6.1 Permanent LA 91. The location-based composite land price for LA for the Subproject is based on the Notice of the Henan Provincial Government on Adjusting Location-based Composite Land Prices for Land Acquisition of Henan Province (HPG [2013] No.11), as shown in Table 4-2.
Table 4-2 List of Location-based Composite Land Prices Town/sub-district Village Location-based land price (yuan/mu)1 Chaoge Sub-district Nanyangzhuang 46000 Weidu Sub-district Guanzhuang 46000 Xigang Town Xigang 33000 Beiyang Town Xipeitun 33000 Note: Above compensation rates are based on Location-based Land Price issued by Henan Province Government, but not on the Annual Average Output Value. These rates are equivalent to 30 times annual net income (about 1,015 yuan/mu) of cultivation in Hebi city.
92. Table 4-3 provides an appraisal of LA compensation rates. It can be seen clearly that LA compensation rates can cover net income on land.
Table 4-3 Comparison of LA Compensation Rates and Income Losses Average net Interest income on Location-based Difference income Compensation bank deposit No. Division composite land (yuan/mu) (yuan/mu) rate (yuan/mu) (yuan/mu) price (yuan/mu) (B-A) (A) (B) Chaoge and Weidu 1 46000 1100 46000 1840 740 Sub-districts Xigang and 2 33000 1000 33000 1320 320 Beiyang Towns Note: The prevailing benchmark deposit rate of the People’s Bank of China is 4% (for 5 years or more, effective from March 1, 2015).
4.6.2 Young Crops 93. The compensation rate for young crops is based on the Notice of the Hebi City Government on Adjusting Compensation Rates for Ground Attachments and Young Crops on Land Acquired for State Construction (HCG [2012] No.11). See Table 4-4. Villagers can opt lump sum compensation at the rate of 7,000 yuan/mu for all the crops and ground attachment, or chose compensation on the basis of calculation for each item.
Table 4-4 Compensation Rates for Young Crops Sub-district Village Rate Chaoge Nanyangzhuang 2400
4.6.3 Temporary Land Occupation 94. For the land occupied temporary for the Subproject, compensation will be paid directly to proprietors based on the actual period of occupation. See Table 4-5.
Table 4-5 Compensation Rates for Temporary Land Occupation Item Unit Rate (yuan) Compensation for temporary occupation Irrigated land yuan/mu per annum 2400
4.6.4 Ground Attachments 95. The compensation rates for attachments are based on the Notice of the Hebi City Government on Adjusting Compensation Rates for Ground Attachments and Young Crops on Land Acquired for State Construction (HCG [2012] No.11). Local governments can opt for lump sum compensation at the rate of 7,000 yuan/mu for all the crops and ground attachment, or chose
1 The LA compensation rate of Chaoge and Weidu Sub-districts is higher due to the shortage of land after many times of acquisition. 25
compensation on the basis of calculation for each item, which depends on the complexity of affected attachments and willingness of affected households. After receiving the compensation, the owner can hold the disposal right of affected ground attachments. Especially for trees (timber and fruit), they can transplant them to other land or sale to other households or entities at market prices. See Table 4-6.
Table 4-6 Compensation Rates for Ground Attachments Power and communication Ground Trees (diameter) Well houses lines Wells attachments (m2) Cement poles, 8-10m 11-15cm Rate (yuan) 180 25 12000 100 Note: After receiving the compensation, the owner can transplant them to other land or sale to other households or entities at market prices.
4.6.5 Tax and Fee Rates
Table 4-7 Tax and Fee Rates on LA No. Item Rate Basis Notice of the General Office of the Henan Provincial Land reclamation 1 9333 yuan/mu Government on Strengthening Land Control and Rigidly costs Enforcing Land Administration (HCGO2007] No.33) Measures of Henan Province for the Implementation of the Farmland occupation 2 14667 yuan/mu Interim Regulations on Farmland Occupation Tax of the PRC tax (Decree [2009] No.124 of the Henan Provincial Government) 3 LA management costs 2.8% of LA costs / Notice of the Ministry of Finance, the Ministry of Land and Compensation fees for 4 using additional 10667 yuan/mu Resources, and the People’s Bank of China on Adjusting the Policy on Fees for Compensated Use of New Construction construction land Land (CZ [2006] No.48) Notice of the Henan Provincial Labor and Social Security 5 LEFs 7150 yuan/mu Department on Disclosing Location-based Composite Land Prices for Land Acquisition (HPLSS [2008] No.72)
4.7 Entitlement Matrix 96. The entitlement matrix has been established in accordance with the applicable policies in this chapter, as shown in Table 4-8.
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Table 4-8 Entitlement Matrix Type of impact Degree of impact APs Compensation and resettlement policy Compensation rates LA 58.35 mu, including 23 households with 1) Cash compensation: as per location-based composite land price 1) Compensation rates: Those for cultivated land 57 mu of collective 98 persons in 4 2) Agricultural development: The agricultural income of the AHs will be and rural collective construction land are the land and 1.35 mu of villages in 4 restored through land improvement, crop restructuring and enhanced same. collective land towns/sub-districts field management, etc. Chaoge and Weidu Sub-districts: 46,000 reserved for 3) Skills training: Free skills training on computer, textile, etc. will be yuan/mu construction offered to the AHs. Xigang and Beiyang Towns: 33,000 yuan/mu 4) Employment: Social and project jobs, and small-amount business 2) Distribution: In Chaoge Sub-district, startup loans will be offered. compensation will be paid directly to the AHs at a 5) Endowment insurance: LEFs may cover higher contribution levels of time; in Weidu Sub-district, and Xigang and endowment insurance for urban and rural residents to receive higher Beiyang Towns, compensation will be paid to the pensions. collectives because the land is non-contracted reserved collective construction land. 3) All compensation will be paid prior to the implementation of LAR. Temporary land 87.19 mu of 216 households 1) Compensation will be paid directly to proprietors based on the actual Irrigated land: 2,400 yuan/mu per annum occupation collective land with 1,020 persons period of occupation. All compensation will be paid prior to the 2) Temporary land occupation will be notified in advance. implementation. 3) The occupied land will be restored by the contractor. Women \ Affected women 1)Making at least 30% of unskilled jobs first available to women (35 out of 115 permanent jobs); 2) Making free skills training first available to women, in which at least 50% of trainees are women (43 out of 86 person-times); 3) Women will receive relevant information during resettlement, and are able to participate in resettlement consultation. A special women’s FGD will be held to introduce resettlement policies. Vulnerable MLS households, Two households 1) Granting an extra living subsidy The government and PMO will grant a one-time groups 5-guarantee with 4 persons 2) Offering urban and rural medical assistance to eligible vulnerable living subsidy of 2,000-4,000 yuan per households, the groups household as the case may be. disabled 3) Offering free employment and business startup training Endowment 23 households with Eligible residents Receiving annual pensions of 1,100-7,400 yuan based on contribution See Section 5.2.4. insurance 98 persons level Significantly HH and APs with Giving priority to them during resettlement, including skills training, affected significant impacts public welfare jobs and jobs generated by the Subproject. persons Making jobs available to at least one person from each significantly affected HH. Ground Trees, telegraph Proprietors 1) Affected special facilities will be restored by proprietors after receiving See Section 4.6.4.
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attachments poles, etc. compensation or by the contractor to the original standard, size and function. 2) Ground attachments will be compensated for as stipulated. Grievance \ All APs Free; all costs so reasonably incurred will be disbursed from the redress contingencies
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5 Resettlement and Income Restoration 5.1 Objectives and Principles of Resettlement 5.1.1 Objectives 97. The objective of resettlement of the Subproject is to ensure that the APs benefit from the Subproject, and their living standard is improved or at least restored to the pre-project level. The objectives of resettlement of the Subproject are: 1) All affected ground attachments are compensated for at replacement cost; 2) The farmers affected by LA are resettled properly, and their income is restored or improved. All affected farmers will receive assistance after LA until full livelihood restoration. 5.1.2 Principles 1) The APs should participate in the whole process of resettlement. It is necessary to consult with representatives of the APs on compensation rates, resettlement housing selection, and the timing of relocation, restoration and compensation payment, etc. 2) Compensation should be paid to proprietors fully and directly. Special accounts for compensation payment should be established so that no individual or organization (including township government/village committee) would withhold compensation. 3) Compensation for ground attachments and other properties at full replacement cost Full replacement cost should be calculated based on fair market value, transaction cost, accrued interest, transition and restoration costs, and other appropriate costs. Compensation should not be discounted or taxed, and must be paid to proprietors based on open rates. 4) Assistance for vulnerable groups Vulnerable households should have priority in resettlement housing selection, employment, service provision, and livelihood restoration, etc.
5.2 Income Restoration Program for Households Affected by LA 98. The components that involve LA and affected population is the WWTP. The design agency has minimized LA and HD impacts by optimizing the design. 99. According to the survey, almost all AHs support the Subproject and LA. All of them request cash compensation for LA, and expect to solve their future livelihood problems through various measures. Through consultation with the affected village committees and AHs during the socioeconomic survey, restoration programs have been developed based on degree of impact, land availability and their expectations. 100. The affected villages will be subject to cash compensation in strict conformity with the applicable state and local policies. Compensation will be paid directly to the affected village groups and households timely; the AHs may continue farming on their remaining land, and use LA compensation to carry out income-generating activities, such as commerce and transport. In addition, such measures as skills training, nonagricultural employment and social security will be taken. The livelihood and income restoration programs under the Subproject are as follows: 5.2.1 Cash Compensation 101. The villages and households affected by LA for the Subproject will be subject to cash compensation. In Chaoge Sub-district, the location-based composite land price for irrigated land is 46,000 yuan/mu, and the young crop compensation rate for irrigated land is 2,400 yuan/mu. Woodland will be compensated for based on appraisal. 102. Distribution programs of LA compensation fees will be developed through adequate consultation, and submitted to sub-district offices for approval. Since the affected villages/communities have experienced LA in other City projects, traditional distribution practices have been established, which will be followed in the Subproject. See Table 5-2.
Table 5-1 Summary of LA Compensation Distribution Programs Sub-district Village Distribution program LA compensation (including land compensation and resettlement subsidy), Chaoge Nanyangzhuang and young crop compensation will be paid directly to the AHs without land reallocation and without being withheld by the collective.
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5.2.2 Agricultural Development
103. Since most of the AHs will have remaining land (1.22 mu per capital after LA), agricultural development will be an important means to promote their livelihood restoration. Among the 23 AHs by LA, one has a land loss rate of below 10%, accounting for 4.17%; 14 have land loss rates of 20%-40%, accounting for 60.87%; and 8 have land loss rates of 40%-60%, accounting for 34.78%. Regarding the household income loss, 3 HHs have family income loss rates of below 10%, accounting for 13.40%; 6 have family income loss rates of 10%-20%, accounting for 26.09%; 13 have family income loss rates of 20%-30%, accounting for 56.52%; and one has family income loss rate of 30%-40%, accounting for 4.35%. See Table 5-2.
Table 5-2 Household Income in Nanyangzhuang Village Village Income In Nanyangzhuang Village, villagers’ main income sources are crop cultivation, Nanyangzhuang outside employment and other income, accounting for 38.53%, 38.91% and 22.56% respectively. Those working outside deal with construction and catering mainly.
104. Since the AHs will still have some remaining land, agricultural development will be an important means to promote their livelihood restoration. The following measures will be taken: 1) Land transfer: Since many local villagers work or do business outside, they have contracted their land to other villagers. Local governments also encourage land transfer actively to prevent land from being laid idle and increase land utilization rate. It is learned that the average price of land transfer is 600-800 yuan/mu per annum. 2) Soil improvement: The AHs may improve soil quality by such means as formulated fertilization with the assistance of local township agrotechnical stations to increase agricultural output and income, and make up LA losses. 3) Crop restructuring: Currently, the affected village groups grow basic crops with stable income but low income, such as wheat and corn. After LA, the AHs may switch to commercial crops to increase agricultural income. 4) Enhanced field management: QCG would organize 4 winter wheat management teams with 15 technicians each to conduct investigation, offer training and technical guidance on winter wheat management and pest control, and distribute relevant technical information in townships. This will improve agricultural efficiency and land utilization rate, thereby increasing agricultural income. 5.2.3 Skills Training 105. 23 HHs with 67 laborers (including 36 males and 31 females) will be affected by LA for the Subproject, 2.91 per household on average. To realize the successful employment of the APs, improving their labor skills through skills training is an important means, which is organized by the Qi County Labor and Social Security Bureau mainly. 106. The Qi County Labor and Social Security Bureau offers skills and business startup training every year, especially for rural households with difficulties and LEFs, covering computer, electric sewing, textile, tailoring, welding, electrics, driving, beauty care, hairdressing, restaurant service, etc., offered for free to migrant workers, laid-off workers and LEFs. Training costs are disbursed from county-level public finance. See Table 5-5.
Figure 5-1 Computer (left) and employment (right) training in Chaoge Sub-district in 2014
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107. In 2014, 876 person-times were covered by employment training and 341 person-times by business startup training. In 2015, the Qi County Labor and Social Security Bureau plans to offer employment training to 1,000 person-times and business startup training to 300 person-times. It expected that 86 person-times training will be provided to persons affected by LA under the Subproject from 2016 to 2017 on the basis of their demands.
Table 5-3 Summary of Local Training Programs Sub- Person-times Agency Funding Affected Sessions Scope training Duration district trained responsible source population Computer, electric 23 sewing, textile, tailoring, households welding, electrics, Qi County with 98 86 (females driving, beauty care, Labor and Special persons, 20-40 Chaoge 2 accounting 50% at hairdressing, restaurant Social fiscal incl. 67 days least) service, etc., offered for Security funds laborers free to migrant workers, Bureau (36 males laid-off workers and LEFs and 31 females)
5.2.4 Employment 108. Livelihood restoration will be promoted by generating more job opportunities for the unemployed laborers, strengthening employment training, and encouraging independent business startup. Qi county PMO will take charge of the coordination with Qi County Labor and Social Security Bureau and civil work contractors to provide employment opportunities for APs, the progress and outcomes will be monitored and reported to Hebi PMO and ADB by internal and external monitoring agencies. 1) Employment services 109. The Qi County Labor and Social Security Bureau will offer free employment consultation, guidance, training and referral services to LEFs for free before and after LA to promote their employment. 2) Social employment 110. The Qi County Labor and Social Security Bureau will conduct a human resources investigation and employment matching for LEFs, and organize job fairs regularly. 111. In addition, the Qi County Employment and Social Security Service Center will further improve the employment service platform for LEFs, and offer one-stop services to them, including job referral, employment guidance, policy consultation, social insurance, and file management. It is estimated that about 100 permanent jobs will be offered to affected persons totally. 3) Employment under the Subproject 112. Some jobs will be generated at the construction (WWTP and waste transfer station construction mainly) and operation (WWTP workers mainly) stages of the Subproject. In the stage of operation and maintenance of the project, 15 permanent jobs will be generated to the affected persons. See Table 5-4.
Table 5-4 Employment Program of the Subproject Affected Item Introduction Jobs offered Income level population The subproject area is (1) 23 100 permanent jobs Social close to the county 3,100 households with (at least 30 for employment town, where there are yuan/month 98 persons, incl. females) many job opportunities. 67 laborers (36 10 skilled jobs and males and 31 Employment at Land leveling, 120 yuan/day, 20 unskilled females) the construction excavation, roadbed 7,200 yuan in part-time jobs, 60 (2) For one stage construction, etc. total days on average significantly Jobs generated Cleaners and security About 15 1,500 yuan affected at the operation guards permanent jobs (at yuan/month households, at
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stage least 5 for females) least one permanent job will be provided to ensure that their livelihoods are restored in a sustainable manner.
113. The township labor and social security offices will collect employment information and distribute it in the affected villages, so that APs may choose suitable jobs themselves. During employment, employers will enter into labor contracts with employees, offer necessary safety and pre-job training, and grant pays that are not less the prevailing minimum wage standard of Hebi City (1,250 yuan/month or 12 yuan/hour for full-time laborers after July 1, 2014). During employment, the principle of equal pay for equal work will be applied, but the use of child labor is prohibited. 4) Small-amount business startup loans 114. In order to promote the business startup of laborers, registered unemployed urban residents and residents having difficulty in employment (including APs by LA) may be entitled to small-amount secured business startup loans with interests discounted by public finance at an interest rate of not more than 3% higher than the prevailing benchmark loan rate published by the People’s Bank of China, for a term of not more than two years, and with a credit line of 50,000 yuan. The APs will have priority in receiving such loans during independent business startup. 115. The application and disbursement procedure is as follows: a) Voluntary application: A borrower files a written application with the township labor and social security office, and submits relevant materials and certificates. b) Review and recommendation: The township labor and social security office investigates the applicant’s eligibility, credit standing, business place, market prospect, personal capacity, etc., and gives a preliminary opinion to the guarantee agency. c) Guarantee: The guarantee agency qualifies the applicant and examines its project, and offers guarantee if the applicant is eligible. d) Disbursement: The borrower enters into a loan contract with and receives the loan from the agent bank. 5.2.5 Social Security 116. All the affected persons are not eligible for the endowment insurance of LEFs, however the latest Basic Endowment Insurance for Urban and Rural Residents can help to improve the pension and living condition for each AP in the future, especially for the aged members and who are nearing to get aged in the AHs. In Qi County, new-type rural social endowment insurance has been implemented since 2009, with 90% of rural residents covered in that year alone. In 2012, new-type rural social endowment insurance merged with social endowment insurance for urban residents into social endowment insurance for urban and rural residents. In 2014, HCG issued the Notice of the Hebi City Government on Issuing the Measures for the Implementation of Basic Endowment Insurance for Urban and Rural Residents of Hebi City (HCG [2014] No.34), stipulating that: 1) Coverage: Urban and rural residents having attained 16 years (excluding active students), other than workers of state organs and public institutions, and not covered by basic endowment insurance for employees may cover basic endowment insurance for urban and rural residents. 2) Fundraising: 1) Individual contribution: The insured will pay premiums at one of the 16 levels (100, 200, 300, 400, 500, 600, 700, 800, 900, 1,000, 1,500, 2,000, 2,500, 3,000, 4,000 and 5,000 yuan per annum) voluntarily. 2) Government subsidy: Those choosing levels 100-400 yuan will receive a subsidy of 30 yuan per capita per annum, including 20 yuan from provincial finance and 10 yuan from City finance; those choosing levels 500 yuan and above will receive a subsidy of 60 yuan per capita per annum, including 40 yuan from provincial finance and 20 yuan from City finance. 3) Pension: 1) Basic pension: basic pension fixed by the central government, plus a subsidy of 3 yuan per capita per month from provincial and City finance, and a subsidy of not less than 5 yuan from county/district finance; and 2) Monthly individual account pension: balance of the individual account divided by 139.
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4) Eligibility for receiving pension: Individuals having covered basic endowment insurance for urban and rural residents having attained 60 years, having paid premiums for 15 years and not receiving basic pension may receive a pension monthly. 117. The contribution and pension levels of endowment insurance for urban and rural residents can be calculated from the above policy provisions. See Table 5-5.
Table 5-5 Contribution and Pension Levels of Endowment Insurance for Urban and Rural Residents (yuan) Contribution Annual Borne by Total of Borne by Monthly Annual Annual Total level contribution individual 15 years individual pension pension subsidy 100 130 100 1950 1500 84 1008 96 1104 200 230 200 3450 3000 95 1138 96 1233 300 330 300 4950 4500 106 1267 96 1363 400 430 400 6450 6000 116 1397 96 1493 500 560 500 8400 7500 130 1565 96 1661 600 660 600 9900 9000 141 1695 96 1797 700 760 700 11400 10500 152 1824 96 1920 800 860 800 12900 12000 162 1954 96 2050 900 960 900 14400 13500 173 2083 96 2179 1000 1060 1000 15900 15000 184 2213 96 2309 1500 1560 1500 23400 22500 238 2860 96 2956 2000 2060 2000 30900 30000 292 3508 96 3604 2500 2560 2500 38400 37500 346 4155 96 4251 3000 3060 3000 45900 45000 400 4803 96 4899 4000 4060 4000 60900 60000 508 6098 96 6194 5000 5060 5000 75900 75000 616 7393 96 7489 Note: 1. The minimum basic pension approved by the State Council is 70 yuan per capita per month; 2. The total amount of county/district, City and provincial subsidies is 8 yuan per capita per month.
118. All persons affected by LA have covered basic endowment insurance for urban and rural residents. Since pensions are low (mostly 100-500 yuan per annum), the APs may increase their contribution levels voluntarily after receiving LA compensation to receive higher pensions when attaining statutory age. In addition, APs employed in town may cover endowment insurance for urban employees to receive higher pensions. If the laborers get employed permanently in the public sectors or private companies and pay premiums for 15 years, they will be covered by the urban employee’s basic endowment insurance and receive same pension (average 2100 yuan/mouth in 2014 in Henan Province) as urban retired employees.
5.2.6 Women’s Development Measures 119. In the Subproject, women will be encouraged to participate in the implementation of this RP and play an important role in income restoration. In addition, the PMO has female staff members in order to communicate with women more effectively and ensure women’s participation. Job opportunities will be made available to women at the construction and operation stages. The gender and social development action plans will detail the opportunities for women to benefit from the Subproject. 1) Small-amount business startup loans for women Small-amount secured business startup loans of up to 80,000 yuan per capita are available to women doing business individually or 100,000 yuan per capita for women doing business together. 2) Equal rights of women in the development of resettlement programs During public consultation, women enjoy equal rights of participation and decision-making. Not less than 30% of participants of village meetings or congresses discussing resettlement programs will be women. All resettlement agencies will have female staff members. 3) Priority of women in livelihood restoration Affected women will have priority in enjoying the above livelihood restoration measures, especially employment and skills training. 120. Special measures have been developed to protect the equal rights of females and to promote their income restoration and social development. See details in Table 3-9 and Table 4-8.
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5.2.7 Supporting Measures for Vulnerable Groups 121. During resettlement, the PMO, IA and local government will pay particular attention to vulnerable groups. A supporting fund for vulnerable groups (1% of basic resettlement costs) will be established to support vulnerable groups affected by the Subproject. 122. The Subproject will affect two MLS households with 4 persons. This number will be further verified during the RP update. During resettlement, additional supporting measures will be taken for them, including: 1) Granting an extra living subsidy The government and PMO will grant a one-time living subsidy of 2,000-4,000 yuan per household as the case may be. 2) Giving priority to them during resettlement Laborers in vulnerable households will have priority in receiving skills training, taking public welfare jobs and jobs generated by the Subproject, and applying for small-amount secured loans. 3) Including eligible vulnerable groups in the MLS system Eligible vulnerable persons affected by the Subproject will be included in the MLS system of Hebi City, and receive an average MLS benefit of 320 yuan per capita per month. 4) Offering urban and rural medical assistance to eligible vulnerable groups Urban and rural medical assistance will be offered to eligible vulnerable groups pursuant to the Notice of the Hebi City Government on Issuing the Measures for the Implementation of Medical Assistance for Urban and Rural Residents with Difficulty of Hebi City (HCG [2011] No.43). Subjects: Registered local residents entitled to urban or rural MLS Limits: Personal cumulative limit 5,000 yuan for urban MLS subjects; Personal cumulative limit 10,000 yuan for members of urban and rural households with special difficulties
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6 Organizational Structure 6.1 Resettlement Implementation and Management Agencies 6.1.1 Organizational Setup 123. To ensure successful resettlement as desired, a systematic organizational structure must be established during project implementation in order to plan, coordinate and monitor resettlement activities. Since resettlement is a very comprehensive task that requires the assistance and cooperation of different departments, the transport, land and resources, and finance bureaus, etc. will participate in and support resettlement implementation. Each affected township or village has one or two chief leaders responsible for resettlement. The agencies responsible for LA in the Subproject are: Hebi Project Leading Group Hebi PMO HPRSAD Qi PMO Qi County Housing Construction Bureau, Urban Administration Bureau, and Land and Resources Bureau Affected sub-district offices and town governments Affected village/community committees Design agency External M&E agency Other agencies concerned: land and resources bureau, women’s federation, labor and social security bureau 6.1.2 Organizational Responsibilities Hebi Project Leading Group 124. Making overall arrangements and decisions, leading the implementation of the Subproject, and coordinating major issues Hebi PMO 1) Appointing a resettlement consulting agency to conduct resettlement preparation 2) Coordinating the consulting agency with other agencies concerned 3) Coordinating the progress of construction and resettlement 4) Supervising the disbursement of resettlement funds 5) Coordinating the work of agencies concerned 6) Coordinating the work of the ADB resettlement experts at the preparation and implementation stages HPRSAD 1) Conducting resettlement preparation together with the resettlement consulting agency 2) Developing resettlement policies 3) Reporting resettlement progress to the Hebi Project Leading Group and PMO 4) Submitting the resettlement investment plan to the Hebi Project Leading Group and PMO 5) Managing resettlement files 6) Conducting internal resettlement monitoring 7) Handling grievances and appeals arising from resettlement 8) Communicating and coordinating with the external M&E agency during resettlement 9) Supervising the construction of the resettlement site 10) Implementing employment measures 11) Training the resettlement staff Qi PMO 1) Coordinating the work of agencies concerned 2) Coordinating the work of the ADB resettlement experts at the preparation and implementation stages Qi County Housing Construction Bureau 1) Applying for planning and land use permits with competent authorities; 2) Communicating resettlement policies to the public; 3) Appointing a dedicated agency to implement the RP; 4) Raising, supervising and managing resettlement funds Qi County Urban Administration Bureau, and Land and Resources Bureau 1) Determining the subproject area and conducting a socioeconomic survey;
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2) Participating in the preparation of the RP and assisting in its implementation; 3) Communicating resettlement policies to the public; 4) Conducting the DMS; 5) Handling LA formalities; 6) Conducting LA compensation and resettlement; 7) Keeping LA compensation and resettlement records; 8) Assisting the external M&E agency in fieldwork; 9) Preparing LA progress reports and submitting them to the PMO Chaoge Sub-district Office 1) Participating in the socioeconomic survey and assisting in preparation of the RP; 2) Organizing public participation and communicating the resettlement policies; 3) Implementing, inspecting, supervising and recording all resettlement activities; 4) Supervising the disbursement and management of LA compensation fees; 5) Supervising LA; 6) Reporting LA and resettlement information to the PMO; 7) Handling grievances and appeals arising from resettlement; 8) Handling resettlement issues Affected village/community committees 1) Participating in the socioeconomic survey and DMS; 2) Organizing public participation and communicating the resettlement policies; 3) Organizing resettlement activities; 4) Handling grievances and appeals of the APs, and reporting their comments and suggestions to the PMO Qi County Labor and Social Security Bureau Offering skills training Design agency 125. At the planning and design stage, it will survey the physical indicators of LA, environmental capacity, usable resources, etc. accurately, and assist the governments in the subproject area in developing resettlement programs, preparing budgetary investment estimates for compensation for LA, and preparing the relevant drawings. 126. At the implementation stage, it will submit the design documents, technical specifications, drawings and notices to the owner timely, make design disclosure to the PMOs of all levels. External M&E agency 127. The owner will employ a qualified M&E agency as the external resettlement M&E agency. Its main responsibilities are: 1) observing all aspects of resettlement planning and implementation as an independent M&E agency, monitoring and evaluating the effectiveness of resettlement and the social adaptability of the APs, and submitting resettlement M&E reports to ADB; 2) Providing technical advice to the Resettlement Office in data collection and processing. 6.1.3 Organizational Chart
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Hebi Project Leading Group
Hebi PMO
Qi PMO HPRSAD
Qi County Housing Construction Internal monitoring Design agency agency Bureau, Urban Administration Bureau, and Land and
Chaoge Sub-district Office External M&E agency
Affected village /community committees
APs
LA
Figure 6-1 Organizational Chart 6.2 Staffing, Equipment and Training 128. HCG and relevant local government agencies have set up organizations and appointed workforce to prepare and implement the resettlement affairs of this subproject. Most of the staffs are familiar to the law and regulations of LAR of PRC and have good experiences to implement the LAR work in project area. Since this is the first time for most of the staff to participate the ADB financed project, they lack the experience of implementing the resettlement plan of ADB financed project. Hence training of the staffs are proposed to strengthen their capacity of implementation of this RP. 6.2.1 Staffing 129. In order to ensure the successful implementation of the resettlement work, all resettlement agencies of the Subproject have been provided with full-time staff, and a smooth channel of communication has been established. See Tables 6-1 and 6-2.
Table 6-1 Staffing of Resettlement Agencies Workforce Agency Composition Male Female Hebi Project Leading Group 3 2 Civil servants Hebi PMO 2 2 Civil servants, technicians
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Workforce Agency Composition Male Female Qi Subproject Leading Group 2 2 Civil servants Qi PMO 2 2 Civil servants, technicians Qi County Housing Construction Bureau 2 1 Civil servants Qi County Land and Resources Bureau 2 1 Civil servants Affected village/community committees 1 1 Officials, representatives of APs Design agency 2 1 Engineers External M&E agency Some Some Resettlement and social experts
Table 6-2 Persons Chiefly Responsible of Resettlement Agencies No. Agency Name Tel 1 Gong Shuangjun 03923261381 HPRSAD 2 Niu Aizhi 13783036995 3 Su Ruihai 13839207518 Qi PMO 4 Ma Chao 15517896888 5 Chaoge Sub-district Office Head Lu 15939239269 6 Nanyangzhuang Village Committee Secretary Chen 15346285661
6.2.2 Equipment 130. All resettlement agencies of the Subproject have been provided basic office, transport and communication equipment, including desks and chairs, PCs, printers, telephones, facsimile machines and vehicles. 6.2.3 Organizational Training Program 131. In order to ensure the successful implementation of the resettlement work, the resettlement staff must be trained under the leadership of the Hebi PMO and HPRSAD. 132. A staff training and human resources development system for the City-, 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. See Table 6-3. The training will include the following topics: —ADB’s resettlement policy and principles —Differences between ADB and PRC policies —Resettlement implementation planning and management —Points requiring attention during resettlement implementation —Resettlement M&E
Table 6-3 Operational Training Program of Resettlement Agencies Agency Scope Trainees Time No. responsible Funding A B C D Learning resettlement experience from 1 Hebi PMO ADB-financed projects in other Resettlement office staff 2015-2016 provinces 2 Hebi PMO ADB’s resettlement policy Resettlement office staff 2015-2016 3 Hebi PMO Updates of state policies on LA Resettlement office staff 2015-2016 Experience and lessons in 4 Hebi PMO Resettlement office staff 2015-2016 Training resettlement from other places budget of Computer operation and data 5 Hebi PMO Resettlement office staff 2015-2016 the processing Subproject, Consultants 2015-2016 County PMOs, 45,600 during Resettlement procedures and policies 6 community resettlement yuan Implementation for ADB-financed projects teams stage Consultants 2015-2016 County PMOs, during 7 Resettlement policies and practice community resettlement Implementation teams stage
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7 Public Participation and Grievance Redress 7.1 Public Participation 133. According to the policies and regulations of ADB, the PRC and Henan Province on resettlement, it is very necessary 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 properly by developing sound policies and implementation rules on resettlement, preparing an effective RP, and organizing implementation properly. 7.1.1 Preparation Stage 134. Since January 2015, the task force has conducted a series of socioeconomic survey and public consultation activities (with 30% of participants being women). At the preparation stage, the PMO, IA and design agency conducted extensive consultation on LA and resettlement. See Table 7-1. Table 7-1 Public Participation Activities at the Preparation Stage # Date Organizer Participants Purpose Key points Measures Male Female Feasibility Introducing the background Optimizing the design of the 2014. APs, village PMO, FS study, field and purpose of the Subproject 10-20 officials, 10 7 agency investigation, Subproject, and minimizing 14.12 technicians DMS resettlement impacts 2015. Reps. of APs RP preparation, Assisting in the DMS, and Drafting preliminary PMO, 1-201 and government 15 10 socioeconomic fixing compensation rates resettlement programs based NRCR 5.2 agencies survey on the survey Disbursement and Fixing rates strictly based on Reps. of distribution of compensation location-based land prices 2015. PMO, government Public fees under public supervision; 1-201 11 8 NRCR agencies and consultation establishing grievance redress 5.2 APs and M&E mechanisms to supervise fund disbursement Officials and APs Livelihood and income Further defining income 2015. PMO, Public in the affected 10 6 restoration after LA restoration programs and 3 NRCR consultation village groups measures PMO, Officials and APs Supporting measures for Defining extra supporting 2015. Public NRCR, TA in the affected 8 6 vulnerable groups measures for vulnerable 3 consultation experts village groups groups
7.1.2 Implementation Stage 135. With the progress of project preparation and implementation, the IA will conduct further public participation. See Table 7-2. Table 7-2 Public Participation Plan Purpose Mode Time Agencies Involved Topic Village bulletin Distributing the RIB Hebi PMO, HPRSAD, RIB distribution board, village Sep. 2015 All APs village/community committees meeting Village bulletin Disclosure of LA area, Hebi PMO, HPRSAD, Chaoge LA announcement board, village Feb. 2016 All APs compensation rates and Sub-district Office meeting resettlement modes, etc. Finding out anything DMS results Field Hebi PMO, HPRSAD, Chaoge omitted to determine the Dec. 2015 All APs verification investigation Sub-district Office final impacts; preparing sample agreements Determination / Discussing final income Before implementation of Village meeting Hebi PMO, HPRSAD, Chaoge restoration programs and implement All APs income restoration (many times) Sub-district Office the use of compensation -ation programs fees HPRSAD, labor and social Discussing training needs Mar. 2016 Training program Village meeting – security bureau, Chaoge All APs Dec. 2018 Sub-district Office
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7.2 Grievance Redress 136. Since public participation is encouraged during the preparation and implementation of the RP, no substantial dispute will arise. However, unforeseeable circumstances may arise during this process. In order to address issues effectively, and ensure the successful implementation of project construction and land acquisition, a transparent and effective grievance redress mechanism has been established. The basic grievance redress system is as follows: 7.2.1 Modes of Collection of Grievances and Appeals 1) Grievances, resettlement progress and issues from reports submitted by the township resettlement offices; 2) Construction impacts from construction logs submitted by construction agencies; 3) Coordination issues in LA found by the construction agency through field patrol; 4) Information from the external M&E agency; 5) Letters and visits from APs; 6) Special issues reported during auditing and disciplinary inspection; 7) LA expenses collected from fund disbursement sheets; and 8) Internal monitoring information. 7.2.2 Grievance Redress Procedure Stage 1: If any right of any AP is infringed on in any aspect of LA and resettlement, he/she may report this to village/community committee, which shall record such appeal and solve it together with the village committee or the AP within two weeks. Stage 2: If the appellant is dissatisfied with the disposition of Stage 1, he/she may file an appeal to the Chaoge Sub-district Office after receiving such disposition, which shall make a disposition within two weeks. Stage 3: If the appellant is still dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Qi PMO after receiving such disposition, which shall make a disposition within two weeks. Stage 4: If the appellant is still dissatisfied with the disposition of Stage 3, he/she may file an appeal to the HPRSAD within one month after receiving such disposition, which shall make a disposition within 4 weeks. 137. At any stage, an AP may bring a suit in a civil court directly in accordance with the Administrative Procedure Law of the PRC. 138. Affected persons can also submit complaints to ADB which will first be handled by the project team. If an affected person is still not satisfied and believes he/she has been harmed due to non-compliance with ADB policy, s/he may submit a complaint to ADB’s Accountability Mechanism.15 139. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from contingencies. During the whole construction period of the Subproject, these appeal procedures will 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. 7.2.3 Principles for Grievance Redress 140. All resettlement agencies must conduct field investigation on grievances raised by APs, and address them through adequate consultation objectively and fairly in accordance with the principles herein. 141. During resettlement, women may have their special grievances, so each resettlement agency will have at least one female member to handle women’s grievances. 7.2.4 Scope and Modes of Reply 1. Scope of reply 1) Brief description of grievance; 2) Investigation results; 3) Applicable state provisions, and the principles and rates specified in this RP; 4) Disposition and basis
15 For further information, see: http://www.adb.org/Accountability-Mechanism/default.asp
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2. Modes of reply 1) For any individual grievance, the reply will be delivered directly to the grievant in writing. 2) For any common grievance, a village meeting will be held or a notice given to the village committee. 142. In whichever mode of reply, the reply materials must be sent to the grievant and submitted to the competent resettlement agency. 7.2.5 Recording and Feedback of Grievances and Appeals 143. During the implementation of the RP, the resettlement agencies should register and manage appeal and handling information, and submit such information to the Qi County Housing Construction Bureau in writing on a monthly basis. The Hebi PMO will inspect the registration of appeal and handling information regularly. The grievances (oral and written) from APs as well as their redress will be recorded and will be made available to the external monitor and ADB review missions on request. 7.2.6 Contact Information for Grievance Redress 144. The sub-district resettlement offices and village resettlement teams have assigned staff members to collect and accept grievances and appeals from the APs. Their contact information is shown in Table 7-3. The APs may also file appeals with the Hebi PMO directly. Table 7-3 Contact Information for Grievance Redress Agency Name Address Tel Hebi PMO Liu Jiabin No.235 Xinghe Street, Hebi City 03923314196 Hebi PMO Gong Shuangjun No.235 Xinghe Street, Hebi City 03923261381 Qi PMO Su Ruihai Renmin Road Central, Qi County 13839207518 Qi PMO Ma Chao Renmin Road Central, Qi County 15517896888 Chaoge Sub-district Office Lead Lu Tongji Avenue, Chaoge Town 15939239269
APs
Village/community committees
Contractor Sub-district offices Resettlement issues issues Resettlement issues Environmental External Qi County Land and IA / municipal M&E Resources Bureau environmental agency
Qi PMO Qi PMO
Hebi PMO Hebi PMO
ADB
Figure 7-1 Community-based Grievance Redress Mechanism for Safeguard Issues
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8 Resettlement Budget 8.1 Resettlement Budget 145. All costs incurred during LA and resettlement will be included in the general budget of the Subproject. Based on prices in July 2015, the resettlement budget of the Subproject is 6.2326 million yuan. The resettlement budget will be updated based on the detailed design and DMS results in December 2015. See Table 8-1. The local government has committed to implement the RP by allocating adequate counterpart budget. All compensation will be paid prior to the implementation of LAR.
8.2 Resettlement Investment Schedule and Funding Sources 146. All resettlement funds of the Subproject are from local counterpart funds. Before or during project construction, the investment plan will be implemented in stages in order not to affect the production and livelihoods of the AHs. See Table 8-2.
Table 8-1 Resettlement Investment Plan Year 2016 2017 Total Investment (0,000 yuan) 436.282 186.978 623.26 Percent 70% 30% 100%
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Table 8-2 Resettlement Budget Waste transfer Rainwater and WWTP Total stations wastewater pipelines Percent No. Item Unit Rate (yuan) Amount Amount Amount Amount (%) Qty. (10,000 Qty. (10,000 Qty. (10,000 Qty. (10,000 yuan) yuan) yuan) yuan) 1 Basic resettlement costs 0,000 yuan \ \ 277.97 \ 5.04 \ 20.97 \ 303.98 48.77% 1.1 Permanent LA 0,000 yuan \ \ 276.6 \ 5.04 \ 0 \ 281.64 45.19% 1.1.1 Irrigated land 0,000 yuan 46000 57 262.2 0 0 0 0 57 262.20 42.07% Construction land (Weidu 1.1.2 0,000 yuan 46000 0 0 0.45 2.07 0 0 0.45 2.07 0.33% Sub-district) Construction land (Xigang 0,000 yuan 33000 0 0 0.9 2.97 0 0 0.9 2.97 0.48% and Beiyang Towns) 1.1.3 Young crop compensation mu 60 14.4 0 0 0 0 60 14.40 2.31% 1.2 Temporary land occupation \ \ 0 0 0 87.19 20.93 87.19 20.93 3.36% Irrigated land mu 2400 60 0 0 0 87.19 20.93 87.19 20.93 3.36% 1.3 Ground attachments 0,000 yuan \ \ 1.37 0 0 \ 0 \ 1.37 0.22% 1.3.2 Cement poles / 9 7 0.13 0 0 2 0.04 9 0.17 0.03% 1.3.3 11-15cm trees / 30 0 0 0 0 30 0.08 30 0.08 0.01% 1.3.4 Well houses m2 100 4 0.04 0 0 4 0.04 4 0.08 0.01% 1.3.5 Wells / 12000 1 1.2 0 0 1 1.2 1 2.40 0.39% 2 Planning and design costs / 2% of basic costs \ 5.56 \ 0.1 \ 0.42 \ 6.08 0.98% 3 Training costs / 1.5% of basic costs \ 4.17 \ 0.08 \ 0.31 \ 4.56 0.73% 4 Taxes on LA / \ \ 258.68 \ 1.58 \ 0 \ 260.26 41.76% 4.1 LA management costs / 2.8% of basic costs \ 7.78 \ 0.14 \ 0 \ 7.92 1.27% 4.2 Farmland occupation tax mu 14667 yuan/mu 60 88 0 0 \ 0 60 88.00 14.12% 4.3 Land reclamation costs mu 9333 yuan/mu 60 56 0 0 0 60 56.00 8.99% Fees for additional 4.4 mu 10667 yuan/mu 60 64 1.35 1.44 0 0 1.35 65.44 10.50% construction land 4.5 Social security costs for LEFs mu 7150 yuan/mu 60 42.9 0 0 0 0 60 42.90 6.88% Supporting fund for 5 \ 1% of basic costs \ 2.78 \ 0 \ 0 \ 2.78 0.45% vulnerable groups 6 Contingencies \ 15% of basic costs \ 41.70 \ 0.76 \ 3.15 \ 45.61 7.32% 7 Total 590.86 \ 7.55 \ 24.85 \ 623.26 100.00% 8 Percent (%) 94.80% \ 1.21% \ 3.99% \ 100.00% \ Note: External M&E costs have been included in the budget of the institutional capacity building component of the project management consultancy services..
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8.3 Disbursement and Management of Resettlement Funds 8.3.1 Disbursement of Resettlement Funds 147. Resettlement funds will be disbursed as follows: All costs related to LA will be included in the general budget of the Subproject. QCG will disburse compensation fees based on the compensation rates directly to the affected sub-district offices, village/community committees and AHs via a special account. LA compensation fees and young crop compensation fees will be paid before LA. See Figure 8-1.
QCG Management Executing Entrust Qi and Xun County and XCG , supervision agency ment Land and Resources Bureaus
Implementation
Application for approval Approval Entering into compensation agreements
AHs Disbursement
Villages and Households affected AHs affected by temporary land by LA occupation
Figure 8-1 Disbursement Process of Resettlement Funds
8.3.2 Management of Resettlement Funds 148. Land compensation fees and resettlement subsidies should be used in full consultation with the APs; young crop fees will be paid directly to the affected persons; compensation fees for infrastructure and attachments will be paid to the affected entities or individuals. 149. To ensure that the resettlement funds are available timely and fully, and the APs’ production, livelihoods and income are restored, the following measures will be taken: 150. All costs related to resettlement will be included in the general budget of the Subproject; 151. Land compensation fees and resettlement subsidies will be paid up before LA so that all APs can be resettled properly; 152. In order to ensure the successful implementation of LA and resettlement, financial and supervisory agencies will be established at all levels to ensure that all funds are disbursed timely and fully. 153. The resettlement budget may be increased due to the change of the subproject area, the modification of the compensation rates and inflation, but the IA will ensure that compensation fees are fully paid. The budget will be modified as necessary in the updated RP.
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9 Resettlement Implementation Schedule 9.1 Principles for Resettlement Implementation 154. According to the implementation schedule, the Subproject has a construction period of 5 years, from June 2016 to September 2020. The basic principles for resettlement implementation are as follows: LA should be completed at least 3 months prior to the commencement of construction, and the starting time will be determined as necessary for LA and resettlement. During resettlement, the APs shall have opportunities to participate in the Subproject. Before the commencement of construction, the range of LA will be disclosed, the RIB distributed and public participation activities conducted properly. 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.
9.2 Resettlement Implementation Schedule 155. The general resettlement schedule of the Subproject has been drafted based on the progress of project construction, LA and implementation. The exact implementation schedule may be adjusted due to deviations in overall project progress. See Table 9-1.
Table 9-1 Resettlement Implementation Schedule No. Task Target Agencies in charge Time Remarks 1 Information disclosure RIB Nanyangzhuang Village, 1.1 PMO, HPRSAD Sep. 2015 Chaoge Sub-district Disclosure of the RP on 1.2 PMO, HPRSAD Oct. 2015 ADB’s website 2 RP update and resettlement budget approval DMS 4 villages in 4 towns/ 2.1 QCG, HPRSAD Dec. 2015 sub-districts Updating the RP based on 4 villages in 4 towns/ 2.2 IA, PMO Jan. 2016 the DMS sub-districts RP and budget approval 2.3 6.2326 million yuan QCG, Qi PMO Jan. 2016 (compensation rates) 3 LA announcement Disclosing the updated RP 4 villages in 4 towns/ 3.1 QCG, Qi PMO Jan. 2016 sub-districts Releasing the LA 4 villages in 4 towns/ 3.2 QCG Feb. 2016 announcement sub-districts 4 Compensation agreement Entering into LA Offering cleared land in Nanyangzhuang Village, IA, village/ community Mar. 2016 4.1 compensation agreements – end May. 2016 for Chaoge Sub-district committees May. 2016 and paying compensation construction 5 Livelihood restoration measures Payment of compensation Qi County Housing 4 villages in 4 towns/ 5.1 for young crops and Construction Bureau, May. 2016 sub-districts attachments Chaoge Sub-district Office Implementation of Nanyangzhuang Village, Mar. 2016 – 5.2 Chaoge Sub-district Office restoration programs Chaoge Sub-district Dec. 2018 Implementation of training Nanyangzhuang Village, Labor and social security Mar. 2016 – 5.3 program Chaoge Sub-district bureau Dec. 2018 Implementing supporting Nanyangzhuang Village, Mar. 2016 – 5.4 measures for vulnerable Civil affairs bureau, PMO Chaoge Sub-district Dec. 2018 groups Hiring APs under the Nanyangzhuang Village, PMO, labor and social Mar. 2016 – 5.5 Subproject Chaoge Sub-district security bureau, contractor Sep. 2020
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No. Task Target Agencies in charge Time Remarks 6 Capacity building of resettlement agencies 6.1 Training of PMO staff 15 person-times PMO Nov. 2015 Training of officials of 6.2 50 person-times PMO, HPRSAD Dec. 2015 sub-district offices 7 M&E Establishing an internal 7.1 As per the RP PMO, HPRSAD Jan. 2016 monitoring mechanism Internal monitoring From Feb. 7.2 Semiannual PMO reporting 2016 Appointing an external M&E 7.3 One PMO Jan. 2016 agency 7.4 Baseline survey Affected area External M&E agency Feb. 2016 External monitoring 1st report (incl. Jun. 2016 reporting baseline survey) 7.5 Semiannual External M&E agency Dec. 2016 2nd report Jun. 2017 3rd report External evaluation Jun. 2018 4rd report 7.6 reporting Annual External M&E agency 5th report Jun. 2019 (post-evaluation) 7.7 Completion report PMO, IA Jun. 2020 8 Public consultation IA Ongoing 9 Grievance redress IA Ongoing 10 Disbursement of compensation fees 10.1 - Disbursement to the IA Initial funds QCG Feb. 2016 - Disbursement to town 10.2 governments / sub-district Initial funds IA Mar. 2016 offices - Disbursement to AHs Town governments / End of May. 10.3 Initial funds sub-district offices 2016 11 Commencement of civil construction Qi County Wastewater and Solid Waste Management County housing construction bureau, urban 11.1 Jun. 2016 administration bureau, and land and resources bureau
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10 Monitoring & Evaluation 156. In order to ensure the successful implementation of the RP and realize the objectives of resettlement properly, LA and resettlement activities of the Subproject will be subject to periodic M&E according to ADB’s resettlement policy, including internal and external monitoring. 10.1 Internal Monitoring 157. Internal monitoring will be conducted by the Hebi PMO, HPRSAD, Qi PMO, and other district authorities concerned. The PMO will develop a detailed internal monitoring plan for LA and resettlement, including: 1) Investigation, coordination of and suggestion on key issues of the resettlement and implementing agencies during implementation; 2) Restoration of the household income of the APs after LA; 3) Resettlement and income restoration of vulnerable groups; 4) Payment, use and availability of compensation fees for resettlement; 5) Disbursement, use and availability of LA compensation fees; 6) Resettlement training and its effectiveness; and 7) Establishment, staff training and working efficiency of resettlement management agencies. 158. The Hebi PMO will submit an internal monitoring report to ADB quarterly. Such report should indicate the statistics of the past 6 months in tables, and reflect the progress of LA, resettlement and use of compensation fees through comparison.
10.2 External Monitoring 159. According to ADB’s policies, the PMO will employ a qualified, independent and experienced resettlement agency as the independent resettlement monitoring agency. 160. The external M&E agency will conduct follow-up M&E of resettlement activities periodically, monitor resettlement progress, quality and funding, and give advice. It shall also conduct follow-up monitoring of the displaced persons’ production level and standard of living, and submit M&E reports to the PMO and ADB. 10.2.1 Scope and Methods 1) Baseline survey 161. The external M&E agency will conduct a baseline survey on the villages affected by LA to obtain baseline data on the sample AHs’ production level and living standard. The production level and living standard survey will be conducted semiannually to track variations of the APs’ production level and living standard. This survey will be conducted using such methods as panel survey (sample size: 100% of households affected significantly and 30% of other households affected by LA, to be sampled randomly), random interview and field observation to acquire necessary information. A statistical analysis and an evaluation will be made on this basis. 2) Periodic M&E 162. During the implementation of the RP, the external M&E agency will conduct periodic follow-up resettlement monitoring semiannually of the following activities by means of field observation, panel survey and random interview: Payment and amount of compensation fees; Training; Support for vulnerable groups; Restoration and rebuilding of infrastructure and special facilities; Production resettlement and restoration; Compensation for lost properties; Timetables of the above activities (applicable at any time); Resettlement organization; Income growth of labor through employment; and If APs have benefited from the Subproject 3) Public consultation 163. The external M&E agency will attend public consultation meetings held during resettlement implementation to evaluate the effectiveness of public participation. 4) Grievance redress 164. The external M&E agency will visit the affected villages and groups periodically, and 47
inquire the township resettlement offices and implementing agencies 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 effectively. 10.2.2 Reporting 165. The external M&E agency will submit a monitoring or evaluation report to ADB and the PMO semiannually. See Table 10-1.
Table 10-1 M&E Schedule Report Date Remarks 1 Baseline socioeconomic survey report Feb. 2016 2 Monitoring report (No.1) Jun. 2016 incl. baseline survey 3 Monitoring report (No.2) Dec. 2016 4 Monitoring report (No.3) Jun. 2017 5 Evaluation report (No.4) Jun. 2018 6 Evaluation report (No.5) Jun. 2019 Post-evaluation report
10.3 Post-evaluation 166. After project implementation, the resettlement activities will be subject to post-evaluation using the theory and methodology for post-evaluation on the basis of M&E. Successful experience and lessons of LA and resettlement will be evaluated to provide experience that can be drawn on for future resettlement. The post-evaluation agency will prepare terms of reference for post-evaluation to establish a system of evaluation indicators, conduct socioeconomic analysis and survey, and prepare the Resettlement Post-evaluation Report for submission to the Hebi PMO and ADB. The post-evaluation report is expected to be completed in June 2019.
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Appendix 1: RIB
1. Basic information In recent years, the ecological environment of the Qihe River basin in Qi County, Hebi City is faced with severe challenges, and there is an urgent need to strengthen environmental management. In addition, existing urban sewer pipelines in some towns of Qi County cannot meet the demand for industrial and domestic wastewater collection, which may result in river pollution. Therefore, it is necessary to improve the wastewater collection network and expand the existing WWTP to improve water quality and utilize water resources effectively. The Subproject’s benefits include: 1) improving the ecological environment of the Qihe River basin; 2) promoting the transformation to an ecological city; and 3) improving the living quality of local residents. The Subproject consists of 3 components: 1) expansion of a WWTP to 30,000 t/d in Qi County; 2) construction of rainwater and wastewater pipelines, including wastewater pipelines of 69.12 km and rainwater pipelines of 132.49 km; and 3) construction of 15 waste transfer stations, with a floor area of 300 m2 each. Components 1 and 3 involve permanent LA, and Component 2 involves temporary land occupation. The Subproject involves no HD. 2. Resettlement agencies The agencies responsible for LA in the Subproject are: Hebi Project Leading Group Hebi PMO HPRSAD Qi PMO Qi County Housing Construction Bureau, Urban Administration Bureau, and Land and Resources Bureau Affected sub-district offices and town governments Affected village/community committees Design agency External M&E agency Other agencies concerned: land and resources bureau, women’s federation, labor and social security bureau 3. Policy framework and compensation rates Land Administration Law of the PRC (amended on August 28, 2004) Rural Land Contracting Law of the PRC, effective from March 1, 2003 Regulations on the Implementation of the Land Administration Law of the PRC (Decree No.256 of the State Council), December 27, 1998 Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (SC [2004] No.28) Guidelines on Improving Compensation and Resettlement Systems for Land Acquisition (MLR [2004] No.238) Notice of the General Office of the State Council on Doing a Good Job in the Employment Training and Social Security of Land-expropriated Farmers (SCO [2006] No.29) Notice of the Ministry of Labor and Social Security, and the Ministry of Land and Resources on Doing Well in the Social Security of Land-expropriated Farmers Practically (MLSS [2007] No.14) Real Right Law of the PRC, effective from October 1, 2007 Interim Regulations on Farmland Occupation Tax of the PRC, effective from January 1, 2008 Regulations of the PRC on the Disclosure of Government Information, effective from May 1, 2008 Urgent Notice of the General Office of the State Council on Further Regulating the Management of Land Acquisition and House Demolition, and Protecting People’s Lawful Rights and Interests Practically (SCO [2010] No.15) Notice of the Ministry of Land and Resources on Further Improving the Management of Land Acquisition, June 26, 2010 Urgent Notice of the General Office of the Ministry of Land and Resources on Conducting
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Strict Management to Prevent Illegal Land Acquisition (MLR [2013] No.28) Notice of the General Office of the Ministry of Land and Resources on Doing a Better Job in Disclosing City- and County-level Land Acquisition Information (MLRO [2014] No.29) Notice of the General Office of the Henan Provincial Government on Strengthening Land Control and Rigidly Enforcing Land Administration (HCGO [2007] No.33) Opinions of the Henan Provincial Labor and Social Security Department, Land and Resources Department, and Finance Department on Doing Well in the Employment Training and Social Security of Land-expropriated Farmers (HPLSS [2008] No.19) Opinions of the Henan Provincial Government on Trials on Social Endowment Insurance for Urban and Rural Residents (HPG [2011] No.58) Notice of the Henan Provincial Labor and Social Security Department, and Finance Department on Further Strengthening the Management of Special Employment Funds (YCS [2011] No.293) Notice of the Henan Provincial Labor and Social Security Department, and Finance Department on Issuing the Administrative Measures for Employment and Business Startup of Henan Province (YRSJY [2012] No.25) Notice of the Henan Provincial Government on Adjusting Location-based Composite Land Prices for Land Acquisition of Henan Province (HPG [2013] No.11) Notice of the General Office of the Henan Provincial Government on Issuing the Special Corrective Plan for Land Acquisition and House Demolition (HCGO [2014] No.110) Notice of the Hebi City Government on Adjusting Compensation Rates for Ground Attachments and Young Crops on Land Acquired for State Construction (HCG [2012] No.11) Notice of the Hebi City Government on Issuing the Measures for Securing Low-rent Housing of Hebi City (HCG [2008] No.33) Notice of the Hebi City Government on Issuing the Measures for the Implementation of Basic Endowment Insurance for Urban and Rural Residents of Hebi City (HCG [2014] No.34) Notice of the Hebi City Government on Issuing the Measures for the Implementation of Medical Assistance for Urban and Rural Residents with Difficulty of Hebi City (HCG [2011] No.43) Notice of the Qibin District Government on Issuing the Administrative Measures for Compensation for Demolished Ground Attachments on Collective Land for State Construction of Qibin District (QDG [2013] No.3)
4. Entitlement Matrix The entitlement matrix has been established in accordance with the applicable policies in this chapter, as shown in Table 1.
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Table 1Entitlement Matrix Type of impact Degree of impact APs Compensation and resettlement policy Compensation rates LA 58.35 mu, including 23 households with 1) Cash compensation: as per location-based composite land price 1) Compensation rates: Those for cultivated land and 57 mu of collective 98 persons in 4 2) Agricultural development: The agricultural income of the AHs will be rural collective construction land are the same. land and 1.35 mu of villages in 4 restored through land improvement, crop restructuring and enhanced Chaoge and Weidu Sub-districts: 46,000 yuan/mu collective land towns/sub-districts field management, etc. Xigang and Beiyang Towns: 33,000 yuan/mu reserved for 3) Skills training: Free skills training on computer, textile, etc. will be 2) Distribution: In Chaoge Sub-district, compensation construction offered to the AHs. will be paid directly to the AHs at a time; in Weidu 4) Employment: Social and project jobs, and small-amount business Sub-district, and Xigang and Beiyang Towns, startup loans will be offered. compensation will be paid to the collectives because 5) Endowment insurance: LEFs may cover higher contribution levels of the land is non-contracted reserved collective endowment insurance for urban and rural residents to receive higher construction land. pensions. 3) All compensation will be paid prior to the implementation of LAR Temporary land 87.19 mu of 216 households 1) Compensation will be paid directly to proprietors based on the actual Irrigated land: 2,400 yuan/mu per annum occupation collective land with 1,020 persons period of occupation. All compensation will be paid prior to the 2) Temporary land occupation will be notified in advance. implementation of LAR 3) The occupied land will be restored by the contractor. Women \ Affected women 1)Making at least 30% of unskilled jobs first available to women (35 out of 115 permanent jobs); 2) Making free skills training first available to women, in which at least 50% of trainees are women (43 out of 86 person-times); 3) Women will receive relevant information during resettlement, and are able to participate in resettlement consultation. A special women’s FGD will be held to introduce resettlement policies. Vulnerable MLS households, Two households 1) Granting an extra living subsidy The government and PMO will grant a one-time living groups 5-guarantee with 4 persons 2) Offering urban and rural medical assistance to eligible vulnerable subsidy of 2,000-4,000 yuan per household as the households, the groups case may be. disabled 3) Offering free employment and business startup training Endowment 23 households with Eligible residents Receiving annual pensions of 1,100-7,400 yuan based on contribution See Section 5.2.4. insurance 98 persons level Significantly HH and APs with Giving priority to them during resettlement, including skills training, affected significant impacts public welfare jobs and jobs generated by the Subproject. persons Making jobs available to at least one person from each significantly affected HH. Ground Trees, telegraph Proprietors 1) Affected special facilities will be restored by proprietors after See Section 4.6.4. attachments poles, etc. receiving compensation or by the contractor to the original standard,
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size and function. 2) Ground attachments will be compensated for as stipulated. Grievance \ All APs Free; all costs so reasonably incurred will be disbursed from the redress contingencies
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5. Grievance redress mechanism Stage 1: If any right of any AP is infringed on in any aspect of LA and resettlement, he/she may report this to village/community committee, which shall record such appeal and solve it together with the village committee or the AP within two weeks. Stage 2: If the appellant is dissatisfied with the disposition of Stage 1, he/she may file an appeal to the Chaoge Sub-district Office after receiving such disposition, which shall make a disposition within two weeks. Stage 3: If the appellant is still dissatisfied with the disposition of Stage 2, he/she may file an appeal to the Qi PMO after receiving such disposition, which shall make a disposition within two weeks. Stage 4: If the appellant is still dissatisfied with the disposition of Stage 3, he/she may file an appeal to the HPRSAD within one month after receiving such disposition, which shall make a disposition within 4 weeks. At any stage, an AP may bring a suit in a civil court directly in accordance with the Administrative Procedure Law of the PRC. Affected persons can also submit complaints to ADB which will first be handled by the project team. If an affected person is still not satisfied and believes he/she has been harmed due to non-compliance with ADB policy, s/he may submit a complaint to ADB’s Accountability Mechanism.16
Table 2 Contact Information for Grievance Redress Agency Name Address Tel Hebi PMO Liu Jiabin No.235 Xinghe Street, Hebi City 03923314196 Hebi PMO Gong Shuangjun No.235 Xinghe Street, Hebi City 03923261381 Qi PMO Su Ruihai Renmin Road Central, Qi County 13839207518 Qi PMO Ma Chao Renmin Road Central, Qi County 15517896888 Chaoge Sub-district Office Lead Lu Tongji Avenue, Chaoge Town 15939239269
6. Resettlement Implementation Schedule The general resettlement schedule of the Subproject has been drafted based on the progress of project construction, LA and implementation. The exact implementation schedule may be adjusted due to deviations in overall project progress. See Table 3.
Table 3 Resettlement Implementation Schedule No. Task Target Agencies in charge Time Remarks 1 Information disclosure RIB Nanyangzhuang Village, 1.1 PMO, HPRSAD Sep. 2015 Chaoge Sub-district Disclosure of the RP on 1.2 PMO, HPRSAD Oct. 2015 ADB’s website 2 RP update and resettlement budget approval DMS 4 villages in 4 towns/ 2.1 QCG, HPRSAD Dec. 2015 sub-districts Updating the RP based on 4 villages in 4 towns/ 2.2 IA, PMO Jan. 2016 the DMS sub-districts RP and budget approval 2.3 6.2326 million yuan QCG, Qi PMO Jan. 2016 (compensation rates) 3 LA announcement Disclosing the updated RP 4 villages in 4 towns/ 3.1 QCG, Qi PMO Jan. 2016 sub-districts Releasing the LA 4 villages in 4 towns/ 3.2 QCG Feb. 2016 announcement sub-districts 4 Compensation agreement
16 For further information, see: http://www.adb.org/Accountability-Mechanism/default.asp
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No. Task Target Agencies in charge Time Remarks Entering into LA Offering cleared land in Nanyangzhuang Village, IA, village/ community Mar. 2016 4.1 compensation agreements – en May. 2016 for Chaoge Sub-district committees May. 2016 and paying compensation construction 5 Livelihood restoration measures Payment of compensation Qi County Housing 4 villages in 4 towns/ 5.1 for young crops and Construction Bureau, May. 2016 sub-districts attachments Chaoge Sub-district Office Implementation of Nanyangzhuang Village, Mar. 2016 – 5.2 Chaoge Sub-district Office restoration programs Chaoge Sub-district Dec. 2018 Implementation of training Nanyangzhuang Village, Labor and social security Mar. 2016 – 5.3 program Chaoge Sub-district bureau Dec. 2018 Implementing supporting Nanyangzhuang Village, Mar. 2016 – 5.4 measures for vulnerable Civil affairs bureau, PMO Chaoge Sub-district Dec. 2018 groups Hiring APs under the Nanyangzhuang Village, PMO, labor and social Mar. 2016 – 5.5 Subproject Chaoge Sub-district security bureau, contractor Sep. 2020 6 Capacity building of resettlement agencies 6.1 Training of PMO staff 15 person-times PMO Nov. 2015 Training of officials of 6.2 50 person-times PMO, HPRSAD Dec. 2015 sub-district offices 7 M&E Establishing an internal 7.1 As per the RP PMO, HPRSAD Jan. 2016 monitoring mechanism Internal monitoring From Feb. 7.2 Semiannual PMO reporting 2016 Appointing an external M&E 7.3 One PMO Jan. 2016 agency 7.4 Baseline survey Affected area External M&E agency Feb. 2016 External monitoring 1st report (incl. Jun. 2016 reporting baseline survey) 7.5 Semiannual External M&E agency Dec. 2016 2nd report Jun. 2017 3rd report External evaluation Jun. 2018 4rd report 7.6 reporting Annual External M&E agency 5th report Jun. 2019 (post-evaluation) 7.7 Completion report PMO, IA Jun. 2020 8 Public consultation IA Ongoing 9 Grievance redress IA Ongoing 10 Disbursement of compensation fees 10.1 - Disbursement to the IA Initial funds QCG Feb. 2016 - Disbursement to town 10.2 governments / sub-district Initial funds IA Mar. 2016 offices - Disbursement to AHs Town governments / End of May. 10.3 Initial funds sub-district offices 2016 11 Commencement of civil construction Qi County Wastewater and Solid Waste Management County housing construction bureau, urban 11.1 Jun. 2016 administration bureau, and land and resources bureau
7. Power of interpretation The Qi PMO has the power to interpret this RIB.
September 2015
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Appendix 2: Fieldwork Photos
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