World Bank-Funded Chongqing Urban-Rural Unified Planning ...
World Bank-Funded Chongqing Urban-Rural Integration Project II
Traditional Chinese Medicine Hospital Subproject of Jiangdong New Zone of Wushan County
Resettlement Action Plan
(Final Version)
Traditional Chinese Medicine Hospital of Wushan County
Chongqing, China
Feb. 22, 2012
Letter of Commitment
The World Bank-funded Jing Kai Hospital Project of Traditional Chinese Medicine Hospital of Wushan County involves land acquisition (LA) and resettlement. Therefore, in order to protect the basic rights and interests of the displaced persons (DPs), and restore or improve the production level and standard of living of the DPs after displacement, the Resettlement Action Plan (RAP) for the Project has been prepared in accordance with the Bank’s policy on involuntary resettlement (OP4.12), and the applicable state and local laws and regulations as the basis for the implementation of LA, house demolition (HD) and resettlement.
The Wushan County Government (WCG) has reviewed the prepared RAP, and agreed to implement the requirements in the RAP, make resettlement costs available fully and timely, and reasonably compensate and properly resettle the affected persons (APs). The Management Office of the Project of Wushan County is hereby instructed to implement and manage the LA, HD and resettlement work of the Project in coordination with the agencies concerned.
WCG
(Official Seal)
County chief (or deputy county chief in charge):
_________________ (Signature) ________________ (Date)
Foreword
I. Purpose of preparing this resettlement action plan
1. The resettlement action plan (RAP) is prepared in accordance with the applicable laws of the People’s Republic of China and local regulations and a series of provisions in the Bank Operational Policy OP4.12 on Involuntary Resettlement for the purpose of “developing an action plan for resettlement and restoration for the people affected by the project, so that they benefit from the project, their standard of living is improved or at least restored after the completion of the project”.
II. Definitions of terms
Displaced persons
2. Based on the criteria for eligibility for compensation, “Displaced Persons” may be classified in one of the following three groups:
a) those who have formal legal rights to land (including customary and traditional rights recognized under the laws of the country);
b) those who do not have formal legal rights to land at the time the census begins but have a claim to such land or assets—provided that such claims are recognized under the laws of the country or become recognized through a process identified in the Resettlement Plan; and
c) those who have no recognizable legal right or claim to the land they are occupying.
3. Persons covered under paragraphs 2(a) and (b) are provided compensation for the land they lose, and other assistance. Persons covered under paragraph 2(c) are provided resettlement assistance in lieu of compensation for the land they occupy, and other assistance, as necessary, to achieve the objective set out in this policy, if they occupy the project areas prior to a cut-off date[1] established by the borrower and acceptable to the World Bank. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. All persons included in paragraph 2(a), (b), or (c) are provided compensation for loss of assets other than land.
Compensation and resettlement measures
4. To address the following impacts of the involuntary taking of land: (i) displacement or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected persons must move to another location, a Resettlement Plan or a resettlement policy framework shall be prepared to cover the following:
(a) The Resettlement Plan or resettlement policy framework includes measures to ensure that the displaced persons are:
➢ informed about their options and rights pertaining to resettlement;
➢ consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and
➢ provided prompt and effective compensation at full replacement cost[2], for losses of assets attributable directly to the project.
(b) If the impacts include physical displacement, the Resettlement Plan or resettlement policy framework includes measures to ensure that the displaced persons are:
➢ provided assistance (such as moving allowances) during displacement; and
➢ provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages of the old site.
(c) Where necessary to achieve the objective of the policy, the Resettlement Plan or resettlement policy framework also includes measures to ensure that displaced persons are:
➢ offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living;
➢ provided with development assistance in addition to compensation measures described in paragraph 4(a)(iii), such as land preparation, credit facilities, training, or job opportunities.
5. Cut-off date: means the date of publication of the announcement of land acquisition and property demolition in this project. After this date, the displaced persons shall not build, rebuild or expand their properties; shall not change the uses of their properties and land; shall not lease their land, lease, sell or purchase their properties; and any person that moves in after this date shall not qualify as a displaced person.
Contents
1 Overview of the Project 8
1.1 Background of the project 8
1.2 Description of the project 8
1.2.1The size of project 8
1.2.2 Investment and Fund 9
1.3 Measures to reduce resettlement 9
2 Project Impact 11
2.1 information of project impact 11
2.2 project impact 11
2.2.1 Rural Collective Land Permanently Acquired 11
2.2.2 Affected Rural Houses 11
2.2.3 Affected Enterprises 12
2.2.4 Affected Business Shops 12
2.2.5 Affected Population 12
2.2.6 Affected Vulnerable Groups 13
2.2.7 Affected Group Attachments 13
3 Socioeconomic Profile of the Project Areas 15
3.1 Socioeconomic Background of the Project Areas 15
3.1.1 Socioeconomic Survey of Chongqing 15
3.1.2 Socioeconomic Profile of Wushan County 15
3.1.3 Social and Economic Information of Affected Townships and Villages 16
3.2 Basic Information of Affected Households 18
3.2.1 Features of Household 18
3.2.2 Composition of the Population 18
3.2.3 Age Distribution of the Population 19
3.2.4 Distribution of Educational Level 19
3.2.5 Employment of Work Force 19
3.2.6 Yearly Income and Expenditure of Families 19
3.3 Basic Information of Affected Enterprises 20
3.4 Basic Information of Affected Vulnerable Groups 20
4 Laws and Policy Framework 22
4.1 Basic Applicable Laws and Policies on Resettlement 22
4.2 State Law and Regulations 23
4.3 Regulations of Chongqing Municipality 33
4.4 Wushan County’s Policy 34
4.5 Involuntary Resettlement Policy of the World Bank 36
4.6 Compensation Principles of this Project 37
5 Compensation Rates for Land Acquisition & Relocation 39
5.1 Compensation rate for Permanently Acquired Land 39
5.2 Compensation Rate for Rural Houses 39
5.3 Compensation Rate for Ground Attachment 40
6 Rehabilitation plan of Production and Livelihood 42
6.1 Impact and Resettlement Plan of Permanently Acquired Collective Land 42
6.1.1 Assessment of Income Loss 42
6.1.2 Rehabilitation Plan of Income 42
6.1.3 Pension of the Converted People 42
6.1.4 Renewal Measures of Affected People 43
6.2 Resettlement Plan of Demolished Rural Houses 45
6.2.1 House Resettlement of Converted People 45
6.2.2 House Resettlement of Non-converted People 46
6.3Resettlement Plan of Enterprises and Organizations 46
6.4 Resettlement Plan of Affected Business Shops 47
6.5 Rehabilitation Plan of Affected Vulnerable groups 47
6.6Restoration of Affected Ground Attachments 48
7 Public Participation and Consultation 49
7.1 Means and measures of public participation 49
7.1.1 Means of public consultation 49
7.1.2 Participation and consultation measures 50
7.2 Public participation activities at the preparation stage 50
7.3 Public participation plan at the implementation stage 52
7.3.1 Participation in resettlement for HD 52
7.3.2Participation in the management of land compensation fees 53
7.3.3 Participation in project construction 53
7.4 Women’s participation 53
8 Grievance redress procedure 55
9 Organizational Structure and Implementation Progress 57
9.1 Relative Organizational & management structure 57
9.2 Organizational responsibilities 58
9.3 Staffing and equipment of resettlement agencies 60
9.3.1 Equipment 61
9.3.2 Training program 61
9.4 Implementation progress 62
10 Expenses and Budget 64
10.1 Budget of Relocation 64
10.2 Funds Flow and plan 66
10.2.1 66
Flow of Funds 66
10.2.2 Disbursement Plan 67
11 M&E Arrangements 69
11.1 Internal monitoring 69
11.1.1 Implementation procedure 69
11.1.2 Scope of monitoring 69
11.1.3 Internal monitoring reporting 69
11.2 Independent external monitoring 70
11.2.1 Purpose and task 70
11.2.2 Independent monitoring agency 70
11.2.3 Monitoring procedure and scope 70
11.2.4 Monitoring indicators 71
11.2.5 External monitoring reporting 72
11.2.6 Post-evaluation 72
12 Entitlement Matrix 73
Annex 1 Detailed Information of Rural Houses 77
Annex 2 House Construction Cost Analysis in Rural Area 78
List of Tables
Table1- 1 Impacts of Access Road 9
Table2- 1Collective Land Permanently Acquired 11
Table2- 2 Affected Rural Houses 12
Table2- 3 Affected Residence Attachments 12
Table2- 4List of Affected Population 13
Table2- 5Status and Composition of Vulnerable groups 13
Table2- 6Affected Ground Attachments 13
Table3- 1 Social and Economic Information of Wushan County 16
Table3- 2Social and Economic Information of Affected Township and Village in 2010 16
Table3- 3 Basic Information of Affected Subvillages 17
Table3- 4 Proportion of Sampled Investigation 18
Table3- 5 Data of Affected Population Survey 18
Table3- 6 Annual Income and Expenditure Structure of Rural Households 20
Table3- 7 Basic Information of Affected Enterprises and Organizations 20
Table3- 8 Investigation of Basic Information of Affected Vulnerable groups 21
Table4- 1 Collection of Regulations and Policies in Relation to the Project 22
Table5- 1 Compensation rate of Permanently Acquired Land 39
Table5- 2 Compensation rate for Demolished Houses 40
Table5- 3 Compensation rate for House Attachment 40
Table5- 4 Compensation rate of Ground Attachment 40
Table6- 1 Estimation of Income Loss 42
Table6- 2 Resettlement of Converted People 43
Table6- 3 Training Contents Provided by Local Government 44
Table6- 4 Resettlement of Relocated Enterprises 47
Table7- 1 Public participation plan of the Project 52
Table9- 1 Staffing of resettlement agencies 61
Table9- 2 Leaders of Relevant Resettlement Agencies Involved in the Project 61
Table10- 1Budget of Funds 64
Table12- 1Entitlement Matrix 73
Overview of the Project
1.1 Background of the project
1. Traditional Chinese Medicine Hospital of Wushan County is leading public health service system of three levels of county, township and village, engaging in medical treatment, rescue，training and guiding medical staff in three-gorge reservoir area. With economic growth, improvement of livelihood level and quality and deepening of reform of medical system, growth of the hospital cannot match with the local economic growth. In-patient department conditions are poor, facilities are not complete. Rooms and beds are insufficient; space for out-patient department, inpatient department and support rooms is only 2,570m². There are no planted area and leisure ground for patients. All these fail to meet the demand for traditional Chinese medicine and health care, restrict the improvement of local medical service and the growth of the hospital.
2. Construction of the project would upgrade the comprehensive power of Traditional Chinese Medicine Hospital of Wushan, perfect the building of public health service system and play positive role in ensuring the health of the people in Wushan and adjacent areas.
1.2 Description of the project
3. Traditional Chinese Medicine Hospital building in Jiangdong New Zone of Wushan County is the project scheduled in Phase Two of Chongqing Urban-Rural overall planned project using the loan from World Bank. The objective of the project is to expand the hospital, improve medical treatment environment, promote the growth of Chinese medicine and safeguard the health of the people. So, it is planned as a modern traditional Chinese medicine hospital of comprehensive treatment level. Construction period is five years from January, August 2012 to August 2017.
1.2.1The size of project
4. The proposed World Bank Loaned project is proposed to increase hospital beds of 200, mainly for construction out-patient department and in-patient department buildings, medical technical building, and civil engineering, decoration, electrical, water supply and drainage, heating and ventilation, fire control, central oxygen supply, negative pressure system, distant specialist diagnosis system, environment and planting and sewage treatment station of 450m3/d (including related equipment procurement and installation)，the construction area is 27129.36m²(about 40mu).Remaining emergency treatment and administrative buildings (the land use is about 20mu) would be constructed using the fund from the Traditional Chinese Medicine Hospital of Wushan County. Since all works would be performed simultaneously, the resettlement action plan will cover the total land use, i.e.60mu. At present, there is existing roads access to the proposed hospital with the width of 6-10m. Based on the plan of the development zone, those roads will be widen to 12-15m. According to the calculation, the roads widening will acquire about 5mu land, the impacts of land and related attachments(See Table 1-1) have been included in the total land impact of the project (seeTable 2-1, 2-2,2-3 and 2-5). Although the road will be constructed by Administrative Committee of Jiangdong New Zone, the hospital by Traditional Chinese Medicine hospital of Wushan, but the land acquisition of the road and the hospital will be conducted by the Land Reserve Center of Jiangdong New Zone the compensation policy, thus the compensation standard, funding sources and distribution channel of the land acquisition are same.The land taking for the road construction is treated as a part of this RAP.
Table1- 1 Impacts of Access Road
|Township |Village |Village Group |Impact |Land Acquisition(Mu) |
| | | |Sub-total |Cultivated land|Non-cultivat|
| | | | | |ed land |
5. As project location is within county economic development zone, land acquisition would be implemented in unified way. Temporary use land for the project would be on the permanently acquired land.
2.2.2 Affected Rural Houses
6. 110 persons of 25 households in Sub-villages 1 and 2 in Longshui Village would be affected. Houses of 8028m² would be demolished and relocated, including brick and concrete structure of 6858m², brick and wood structure of 127m², mud wall of houses of 845m² and simple houses of 200m² and some house attachments. For details see Tables 2-2 and 2-3，Please see Annex 1 for detailed information of the house demolition.
Table2- 2 Affected Rural Houses
|Community/ |Space and Structure(m²) |Use and Space(m²) |Affected Population |
|Village Group | | | |
| |Sub-total |Brick and |
| | |Concrete |
|Telephone |pcs |30 |
|Washing Stand |pcs |19 |
|Cooking Stove |pcs |25 |
|CTV |pcs |34 |
|Methane-generating pit |pcs |5 |
2.2.3 Affected Enterprises
7. Three enterprises of 36 employees would be affected.
8. Two private enterprises would be affected. One of them is Changhong Cooking Stove Plant with 10 employees and other one is a plastic processing plant of 18 employees. Former operation site is the first floor of self-built house. Operation site of the latter is in a self-built simple house in rented land.
9. Zaoyang refueling station is a state-owned enterprise under China Petrol Company, has 8 employees. Its state land would be directly allocated to the owner. Brick and concrete houses of 789m² would be demolished and relocated.
2.2.4 Affected Business Shops
10. Affected three business shops are operated by the villagers using their own house. The data of the affected brick and concrete houses of 90m² are included in the data of the rural demolished houses.
2.2.5 Affected Population
11. 181 persons in 34 households would be affected, including 115 persons of 27 households affected by permanent land acquisition, 110 persons of 25 households affected by house demolition and 36 employees. For detail see Table 2-4.
Table2- 4List of Affected Population
|Type of Impact |Sub-total |
|Permanently acquired collective land |Affected number of households |27 |
| |Affected Population |115 |
|Demolished rural houses and relocation|Affected number of households |25 |
| |Affected Population |110 |
|Affected enterprises and organization |Affected number of enterprises |3 |
| |Affected population |36 |
|Where |Number of households with land acquired and house |18 |
| |demolished | |
| |Number of persons with land acquired and house |80 |
| |demolished | |
|Total of actual impact |Affected number of households |34 |
| |Affected number of enterprises |3 |
| |total people |181 |
Note: Affected number of business shops is included in rural house dismantling and relocation.
2.2.6 Affected Vulnerable Groups
12. Three vulnerable families are affected. For detail see Table 2-5.
Table2- 5Status and Composition of Vulnerable groups
|Township/Town |Village |Subvillage |Name |
|Wall and enclose (including fish pond walls) |Stone slab |M3 |140 |
|Well |Stone slab |M3 |140 |
|Tomb |Tomb with stone |Set |60 |
| |tablet | | |
|Courtyard flat ground |cement |M² |1400 |
|Manure pit |stone |M3 |336 |
|Water pond | | | |
|Water pipe |Outdoor drinking |m |2800 |
| |water pipe | | |
Socioeconomic Profile of the Project Areas
13. To understand socioeconomic situation of the project affected areas, the project relocation & resettlement planning institution organized a special investigation Village Group in November 2011, to go to the site of the sub-project in Wushan twice for field survey. Manners of investigation include literature collection, household survey, interview with township-and-village level cadres as well as interview with other relevant departments.
3.1 Socioeconomic Background of the Project Areas
3.1.1 Socioeconomic Survey of Chongqing
14. Chongqing, located in upper reaches of the Yangtze River and at junction of China's central and western regions, is one of China's important central cities. It is one of the national historical and cultural cities, economic center of the upper Yangtze, and the nation’s major modern manufacturing base and integrated transport hub in southwest of China. The city covers an area of 82,400 square kilometers, with jurisdiction of 40 Areas and counties (autonomous counties), and a total of 839 townships and 175 sub-Areas, the city's permanent resident population being 28.8462 million at the end of 2010. There have 14 national poverty counties, including Wushan County.
15. Since it was upgraded to a central-administered municipality in 1997, Chongqing has made remarkable economic and social achievements after 14 years’ development. In 2010, the city's GDP reached RMB792.558 billion, with per capita GDP jumping from less than USD600 to over USD4,000, reaching USD4,028.57;the local financial revenue reached RMB199.059 billion, and whole social fixed assets investment came up to RMB693.48 billion. Its comprehensive economic strength is growing rapidly; a transition has been achieved in its total amount of economy. Meanwhile rapid development has taken place in construction of urban & rural infrastructure and various social undertakings, thus forming a western integrated transport hub framework, a comprehensive educational system and urban & rural health service system. However, at this stage, Chongqing’s urban-rural public infrastructure and social public service capacity remain weak, which restricts further economic and social development of the city to a great extent. Accordingly, the World Bank-Funded Chongqing Urban & Rural Unified Planning Development and Reform Pilot Phase 2 Project aims to promote establishment of urban & rural public service system, which has an important role in realization of sustainable economic and social development of Chongqing Municipality.
3.1.2 Socioeconomic Profile of Wushan County
16. Wushan County is situated at the hinterland of three-gorge reservoir area in north east of Chongqing, covers an area of 2958km². Cultivated land is 40274 hectare. There are 25 townships and towns and 629700 populations. Agricultural population is 523,700, amounting to 83.2%. In 2010, poverty population is 66000; Wushan is one of the key national poverty-stricken counties where assistance would be provided in the 12th five-year plan period.
17. Northeast area of Chongqing is economically backward compared to whole Chongqing Municipality and economic growth level of Wushan County is low in the northeast area of Chongqing. In 2010, GDP in Wushan County is 5.031 billion yuan, ranked at 36th place of 40 districts and counties in Chongqing municipality and at 9th place in the northeast area. GDP per capita is USD 1535, only 38.10% of the average of the whole municipality. Each economic indicator is far lower than average level of the country, Chongqing municipality and three-gorge reservoir area. In Table 3-1, social and economic information of Wushan County and Chongqing Municipality are listed.
Table3- 1 Social and Economic Information of Wushan County
|Area |Popula|Area (km²) |GDP per capita (USD) |Disposal Income per capita in |Net Income per capita in |
| |tion | | |Township(Yuan) |rural area (Yuan) |
| |at | | | | |
| |Year | | | | |
| |end | | | | |
| |(10,00| | | | |
| |0 | | | | |
| |person| | | | |
| |s) | | | | |
| | |Male |
| |Non-agricultural production income |82% |
| |1.Income earned by working outside |80% |
| |2. Other income |2% |
| |Total Income |100% |
|Household Expenditure |Productive expenditure |15% |
| |Non-productive expenditure |85% |
| |1.Food expenditure |58% |
| |2.Expenditure on transport |4% |
| |3.Educational expenditure |9% |
| |4.Medical expenses |7% |
| |5.Other expenditures |7% |
| |Total Expenditures |100% |
3.3 Basic Information of Affected Enterprises
18. Three enterprises are affected, and two Village Groups in Longshui village are involved. For detail see Table 3-7.
Table3- 7 Basic Information of Affected Enterprises and Organizations
|S/N |Name |Loca|Basic |Status | | | |
| | |tion|Informat| | | | |
| | | |ion | | | | |
|Huang Zongde |Disabled |60 |3 |200 |Work on agriculture|Land acquired, demolished, |Covert to |
| | | | | | |relocation |non-agriculture |
|Gong Yuqiong |Female headship |43 |2 |400 |Temporary job |Demolished, relocation |Self build after being|
| | | | | | | |compensated |
Laws and Policy Framework
4.1 Basic Applicable Laws and Policies on Resettlement
19. Preparation of the Project’s land acquisition and compensation-resettlement plan and the subsequent implementation of the plan will be executed strictly according to the relevant laws and regulations of the People’s Republic of China and Chongqing Municipality as well as relevant requirements of the World Bank. Land acquisition & compensation and land compensation-resettlement work of the project will be implemented strictly based on the resettlement compensation rates and related policies identified in this Action Plan. And in accordance with national and Chongqing Municipality’s regularly and actually updated relevant laws and regulations on land acquisition compensation, if the updated policies and laws & regulations are to be implemented in the process of the project implementation, project construction undertaker institution shall develop an appropriate special report and submit it to World Bank, and formally implement it with approval of World Bank. Laws and policy framework of the Project are shown in Table 4-1.
Table4- 1List of Regulations and Policies in Relation to the Project
|Level of |Contents of Laws and Regulations |Effective Date |
|Policies | | |
| |P.R.C. Land Administration Law |Revised on 28 August 2004 |
|State | | |
| |The Guiding Opinion on Improving Land Acquisition Compensation and |3 November 2004 |
| |Rehabilitation Regulations (No.238 (2004) issued by Ministry of Land| |
| |and Resources ) | |
| |Land and Resources Public Hearing Regulations by Ministry of Land |1 May 2004 |
| |and Resources | |
| |The Decision on deepening Reform for strengthening Land Management |21 October 2004 |
| |by the State Council ( No.28(2004) by the State Council) | |
| |The Notice on the Relevant Issues of Strengthening Land Regulation |31 August 2006 |
| |and Control by the State Council ( No.31( 2006) by the State | |
| |Council) | |
| |The Notice on the Guiding Opinions of Strengthening the works of |10 April 2006 |
| |Skill Training and Social Security of the Farmers Affected by Land | |
| |Acquisition issued by Ministry of Labor and Social Security and | |
| |Forwarded by the General Office of the State Council (No.29( 2006) | |
| |by the State Council) | |
| |The Notice on Adjusting the Policy on the Compensated Land Use Fee |7 November 2006 |
| |of the New Converted Construction Land jointly issued by Ministry of| |
| |Finance, Ministry of Land and Resources and P.R.C. People’s Bank | |
| |(No.48（ 2006）) by Ministry of Finance | |
| |The Notice About the Relevant Issues on Practically Improving the |28 April 2007 |
| |Social Security of the Farmers Affected by Land Acquisition by | |
| |Ministry of Labor and Social Security ( No.14(2007) by Ministry of | |
| |Labor and Social Security) | |
| |Notice of Perfecting Policy on Small Loan Secured Financial Discount|July 27, 2009 |
| |to Promote Women's Employment (CAI JIN FA [2009] No. 72) | |
| |Notice of the Ministry of Land and Resources on Further Improving |June 26, 2010 |
| |Land Acquisition Management (promulgated by the Ministry of Land and| |
| |Resources on June 26, 2010) | |
| |Regulations on the Expropriation of Buildings on State-owned Land |January 21, 2011 |
| |and Compensation (Decree No.590 of the State Council) | |
| |Measures for the Acquisition and Appraisal of Houses on State-owned |June 7, 2011 |
| |Land (HC [2011] No.77) | |
|Chongqing |Chongqing Municipal Land Management Regulation |22 March 1999 |
|Municipality |( No.53 of the Order of Chongqing Municipal Government) | |
| |Chongqing Municipal Land Acquisition Compensation and Rehabilitation|1 January 1999 |
| |Method(No.55 of the Order of Chongqing Municipal Government) | |
| |The Trial Method of the Basic Pension for those Changing from Rural |1 January 2008 |
| |Residents to Urban Residents due to Land Acquisition since 1 January| |
| |2008 in Chongqing City | |
| |The Notice on the Relevant Issues about Adjusting the Land |1 January 2008 |
| |Acquisition Compensation and Rehabilitation ( No.45 (2008) by | |
| |Chongqing Municipal Government) | |
|Wushan County |Provisional Method on Land Acquisition Compensation and Resettlement|January 1, 2008 |
| |in Wushan County (WushanFuFa (2008) No.39) | |
|The World Bank |OP 4.12 Involuntary Resettlement, the World Bank and its Appendix A |January 1, 2002 |
| |:Involuntary Resettlement Document December 2001 | |
4.2 State Law and Regulations
Land Administration Law of the People's Republic of China（2004）
20. Any organization and individual needing the land for construction shall legally apply for using state land.
21. Article 44: Approval formalities shall be completed for farmland converted for construction use.
22. Land use within the overall planning of city, village or township construction, the transferring from cultivating land to construction land shall be approved by original approval organization according to yearly plan. In the approved scope, land for specific project could be approved by the municipal or county governments.
23. Article 47: Acquired land shall be compensated according to its original use. Acquired land compensation shall include land compensation, resettlement subsidy and attachment.
24. In case the land compensation and resettlement subsidy paid according to the provisions above could not enable the affected farmers to maintain their previous living standard, resettlement subsidy could be increased with the approval of provincial, autonomous region or municipal government directly under the central Government. However, the sum of land compensation and resettlement subsidy shall not exceed thirty times the average yearly production value of three years prior to acquisition.
Guidelines of Perfecting land Acquisition and Resettlement System (November 3, 2004 issued by Ministry of Land and Resources NO.238)
Resettlement according to the document:
25. Agricultural production resettlement. To acquire collective land outside planned township area, it is necessary to enable land acquired farmers to continue their agricultural production by providing collective mobile land, returned contracted land, transferred contracted land or newly developed land.
26. New job resettlement. Create conditions to train the land acquired farmers free of charge in order to find jobs for them. The land use organizations shall employ land acquired farmers on priority on same conditions. To acquire collective land inside planned township areas, the farmers without land shall be included in town employment system. Social security system shall be established.
27. Shareholder dividends settlement. The land of the project which have stable earnings, can be use to buy a share by the land compensation and resettlement fees or by the approved construction land use right under the consultation between the rural collective economic organizations and the land units in the farmers voluntary. The rural collective economic organizations and farmers can gain profit through the preferred stock way that agreed in the contract.
28. Compensation resettlement by acquiring land in other places. In case basic production and living conditions for land acquired farmers could not be provided in acquired area, the local government could acquire land in other places and provide resettlement subsidy after seeking the views of the rural collective economic organizations and the farmers.
Information disclosure and Supervision According to the Document:
29. Disclosure of land acquisition approval. Ministry of State Land Resources and provincial state land resources department shall disclose legally acquired land approval through medium with exception of special cases involving state confidential provisions. County (township) Land Resources Bureaus shall disclose acquired land approval in involved villages and Village Groups according to Announcement Method on Acquired Land.
Decision of the State Council on Deepening the Reform and Rigidly Enforcing Land Administration (No. 28 [2004] of the State Council) (issued by state [2004] No.28)
Provisions of the document on farmland protection and security of farmers’ right and interest and social supervision:
30. Strictly protecting basic farmland. Basic farmland is the foundation of state grain security. Once basic farmland was determined, no organization or individual could occupy at will, or land use could be changed at will. This is a “red line” that should not be crossed. The change of land use and its occupation conforming to legal conditions shall be approved by the State Council. The occupied land after approval shall be compensated according to the legal highest standard. To replenish the farmland by paying reclamation fee, local highest standard of reclamation fee shall apply.
31. Perfecting land acquisition compensation. Local governments above county level shall adopt the measures to enable the living standard of the land acquired farmers not be lower. Land compensation, resettlement subsidy and compensation for attached objects on the land and young crops must be legally fully paid in time. In case legally paid compensation could not maintain the previous living standard or pay the social security expense of the farmers, resettlement subsidy shall be increased with the approval of the provincial, autonomous region or municipality government. In case the upper limit of sum of land compensation and resettlement subsidy still could not maintain their previous living standard, the local government could subsidize with the paid use revenue of the state land. The provincial, autonomous region or municipal government shall prepare and announce unified yearly production value or comprehensive land price of acquired land in each county or town. The land compensation must be same in same location. The expense of land acquisition for state key construction projects must be fully included in the budgetary estimate.
32. Properly resettling the land acquired farmers. Local people’s governments above the county level shall formulate specific method to enable the affected farmers have long term livelihood security. For projects with stable return, the farmers could become shareholders using the land use right of approved land for construction. Inside the planned town areas, the local governments shall include the farmers without land in town employment system and establish social security system. Outside the planned town areas, the local governments shall keep necessary farmland for the affected farmers or find jobs for them while acquiring collective land. In case basic production and living conditions are locally not available, it is necessary to acquire land in other places and implement compensation resettlement. Departments of labor and social security shall formulate guide lines on training and social security system for land acquired farmers together with other relevant departments.
33. Completing land acquisition procedures. In land acquisition, the ownership of farmers’ collective land and operation right of contracted land of the farmers shall be protected. The farmers shall be informed of the use, location and compensation rate of the land to be acquired and the resettlement way prior to submitting land acquisition for approval. The investigation result of current status of the land to be acquired shall be confirmed by the collective economic organization and the farmers. When necessary, the state land resources department shall hold hearing as required. The understanding and confirmation of the affected farmers shall be necessary material for submitting for approval. It is necessary to establish and perfect coordination and judgment mechanism on dispute of land compensation and resettlement to protect legal right and interest of the affected farmers. Unless otherwise specified, approved land acquisition shall be announced to the public.
34. Strengthening supervision in land acquisition. The land where compensation and resettlement were not implemented shall not be acquired by force. Based on the principle of land compensation mainly used on affected farmers, the provincial, autonomous region or municipality government shall formulate internal distribution method of land compensation within rural collective economic organizations. The affected rural collective economic organizations should open the revenue and expenditure and distribution of land compensation to their members, accept their supervision. Agriculture and civil affairs departments shall strengthen supervision on use and distribution of the land compensation.
Guiding Opinions of Strengthening the works of Skill Training and Social Security of the Farmers Affected by Land Acquisition (issued by state [2006] No.29)
Livelihood requirement of the affected farmers:
35. Training and social security of the affected farmers are the important contents of land acquisition reform. Local governments shall strengthen the training and social security of the affected farmers to achieve harmonious development of urban and rural economy and society. The employment of the affected farmers shall be included in development plan of economy and society, and yearly plan. It is necessary to establish social security system as early as possible, adopt effective measures on training and social security fund, promote affected farmers to be employed and mixed in town society, enable them not to lower living standard due to land acquisition and have long term livelihood security.
36. Defining the scope, breaking key point and overall considering. Specific persons of the training and social security shall be locally decided. They must be registered rural residents enjoying rural collective land contracting right, their land has been acquired. The training and social security shall be focused on newly affected groups of work ages and aged groups. Training and social security shall be implemented while land is acquired.
37. Classified guide. Based on each locations condition, training and social security of the affected farmers shall be properly solved. Inside planned town areas, the affected farmers shall be included in town employment system and social security system established. Outside the planned town areas, the affected farmers shall be left with necessary farmland or arranged with jobs, and included in rural social security system. As to affected farmers who have no production and living conditions, it is necessary to acquire land in other places and implement compensation resettlement. The affected farmers shall be included in social security of the locations where they are resettled.
38. Promoting employment of the affected farmers. Adhere to market oriented employment mechanism, implement urban and rural overall employment, create more jobs, improve investment environment, and urge enterprises, organizations and social communities to employ affected farmers. Support affected farmers to start business by themselves. Public employment service organizations shall timely handle unemployment registration, provide consulting services, and help workable affected farmers who wish to be employed as early as possible. Those who wish not be employed could enjoy relevant support policy as specified.
39. Ascertaining employment and resettlement responsibility of the affected farmers. The local governments shall positively develop public jobs for affected farmers; urge the land use organizations to employ affected farmers on priority.
40. Strengthening the training of affected farmers. Inside planned town areas, local authorities shall formulate training plan to carry out custom training. Outside planned town area, carry out vocational training to improve competitiveness of the affected farmers.
41. Ensuring basic living condition and long term livelihood. Starting form actual conditions, each local authority shall adopt multi-security mode to ensure basic living condition and long term livelihood of the affected farmers. For affected farmers inside the planned town areas, formulate method to ensure basic living standard and pension security for affected farmers of different ages. Those who conform to minimum living security conditions shall be included in minimum living security of town inhabitants. Those who conform to medical care aid shall be included in medical care aid scope in places where medical care aid is experimented. If the conditions are available, pension, medical care and unemployment of town affected farmers shall be included in social insurance, to address basic living security through town social security system. Outside the planned town areas, the affected farmers shall be included in corresponding security scope in places where rural social pension, new type rural medical care and minimum living standard security systems are implemented. In areas where above systems are not established, the local authorities may adopt multi-security modes to ensure basic living standard, provide pension and medical care and include qualified persons in social aid scope.
42. Determining rational security level. Basic living standard and pension security level of the affected persons shall be not lower than the local minimum living security standard.
43. Ascertaining training and social security fund. The fund needed for training shall be paid out of the local finance. The fund needed for social security shall be uniformly arranged from local authorities approved increased resettlement subsidy and land compensation used for affected farmers. In case of insufficiency, the local authorities shall address it from the revenue of paid use state land. In areas where conditions are available, local finance and collective economy shall support and guide the affected farmers to participate in urban and rural social insurance.
Notice by Ministry of Labor and Social Security and Ministry of State Land Resources on Implementing Social Security of Land Acquired Farmers (issued by Ministry of Labor and Social Security [2007}N0.14)
44. The persons, items, standard and financing of social security of the affected farmers shall be included in information and hearing procedures of land acquisition report to protect information and participation right of the affected farmers. The town and county government shall make presentation while submitting land acquisition materials. Department of labor and security, and department of state land resources shall strengthen communication; jointly control the review of social security measures. For land acquisition requiring provincial department approval, the municipal (prefecture, autonomous prefecture) labor and security department shall put forward review views. For land acquisition requiring State Council approval, provincial labor and security department shall put forward review views.
45. According to the provisions of document (issued by office of state No.100), all revenue of assigned state land shall be paid to local state treasury; Expenditure shall be arranged out of the revenue of the assigned state land through local fund budget. The fund required for social security of the affected farmers shall be fully allocated to “social security fund special account” of the affected farmers in three months from the date of approval of land compensation scheme, and enter individual’s account or uniformly financed account.
Notice of the Ministry of Land and Resources on Further Improving Land Acquisition Management (2010)
46. (1) Apply uniform AAOV rates and location-based integrated land prices for land acquisition in all aspects. Fixing uniform AAOV rates and location-based integrated land prices for land acquisition are an important measure for improving land acquisition compensation mechanism and realizing equal price for equal land, and also an essential requirement for increasing compensation rates for land acquisition, and protecting farmers’ rights and interests. These rates shall be complied with strictly for rural collective land acquired for all types of construction. For any new construction project, strict control shall be exercised upon land use pre-examination to ensure that land acquisition compensation fees are calculated according to the published uniform AAOV rates and location-based integrated land prices for land acquisition, and are included in the budgetary estimates in full. If the construction land is located in an area with the same AAOV or location-based integrated land price, the level compensation for land acquisition shall be largely consistent, so as to realize equal compensation for equal land.
47. All localities shall establish a dynamic adjustment mechanism for compensation rates for land acquisition, adjust compensation rates for land acquisition every 2 or 3 years depending on economic level and local per capita income growth, and improve the compensation level for land acquisition gradually. Provinces where prevailing compensation rates for land acquisition have exceeded specified levels shall adjust and amend their compensation rates hereunder. Any province that fails to make timely adjustments shall not be pass land use examination.
48. (2) Explore and improve depository systems for land acquisition compensation fees. In order to prevent the default of land acquisition compensation fees, and ensure that compensation fees are made available timely and fully, all localities shall explore and improve depository systems for land acquisition compensation fees. When organizing land approval, a municipality or county shall estimate land acquisition compensation fees according to the size and compensation rate of land acquisition, and the land use applicant shall deposit land acquisition compensation fees in advance; for urban construction land and land for any construction project selected separately in the mode of transfer, the local government shall deposit land acquisition compensation fees in advance. After the land use has been approved according to law, the deposited land acquisition compensation fees shall be settled timely.
49. Province-level land and resources departments shall establish sound rules and regulations for the deposition of land acquisition compensation fees together with competent authorities based on local conditions, and exercise control during land use examination.
50. (3) Distribute land acquisition compensation fees rationally. After uniform AAOV rates and location-based integrated land prices for land acquisition are practiced, province-level land and resources departments shall establish sound measures for the distribution of land acquisition compensation fees together with the departments concerned, and submit them to province-level governments for approval provided compensation fees for land acquisition should be used mainly on land-expropriated farmers.
51. Upon land acquisition, municipal and county land and resources departments shall pay compensation and resettlement fees timely and fully according to determined compensation and resettlement programs for land acquisition; fees payable to land-expropriated farmers shall be paid directly to individual farmers, and the withholding or embezzlement of compensation and resettlement fees for land acquisition shall be prevented or corrected timely.
52. (4) Give priority to agricultural resettlement. All localities shall adopt effective resettlement modes suited to local conditions. In rural areas where cultivated land has been added through land management or much mobile land is reserved by rural collective economic organizations, priority shall be given to the mode of agricultural resettlement upon land acquisition, where newly added cultivated land or mobile land shall be allocated to land-expropriated farmers so that they are able to maintain basic production conditions and income sources.
53. (5) Regulate resettlement on reserved land. Where land acquisition is conducted within the range of urban construction land identified in a master plan for land utilization, the resettlement mode on reserved land may be adopted based on local conditions. However, guidance and management shall be strengthened. Reserved land shall be provided in the range of urban construction land and converted into state-owned land; where farmland conversion is involved, it shall be included in annual land utilization plans to prevent expanding the size of urban construction land due to resettlement on reserved land; reserved land development shall comply with the urban construction plan and pertinent provisions. In areas where resettlement on reserved land is practiced, local governments shall develop strict administrative measures to ensure that reserved land is arranged normatively and orderly, and developed and utilized scientifically and rationally.
54. (6) Ensure social security funds for land-expropriated farmers are available. Including land-expropriated farmers in the social security system is an effective way of solving the long-term livelihood problem of land-expropriated farmers. Land and resources departments at all levels shall promote the building of the social security system for land-expropriated farmers together with the departments concerned under the leadership of local governments. Presently, the key to the social security for land-expropriated farmers is to secure social security funds. All localities are encouraged to expand sources of social security funds from land users in conjunction with compensation and resettlement for land acquisition. During land use examination and approval, all localities shall control the availability of social security funds for land-expropriated farmers.
55. In areas where trials on the new rural social endowment insurance system are conducted, the social security for land-expropriated farmers shall be linked up with the new rural social security system. Where land-expropriated farmers are included in the new rural social security system, the social security system for land-expropriated farmers shall also be implemented, and the new rural social security system shall not be used in place of the social security system for land-expropriated farmers.
56. (7) Implement compensation and resettlement for houses demolished in land acquisition practically. All localities shall attach great importance to farmers’ house demolition in land acquisition, and strengthen management practically pursuant to the Emergency Notice. Compensation and resettlement for farmers’ house demolition involves many aspects, such as land, planning, construction, household registration and civil affairs management, and also such social issues as public security, environmental management and folk customs. Municipal and county land and resources departments shall establish a coordination mechanism, develop measures and implement house demolition properly together with the departments concerned under the unified leadership of local governments. The applicable laws, regulations and policies shall be complied with strictly, and the relevant procedures performed, so that displaced rural households are resettled before their houses are demolished, and illegal or nonconforming compulsory demolition shall be avoided or corrected.
57. (8) Reasonable compensation and resettlement shall be provided for house demolition. Farmers’ houses demolished in land acquisition shall be compensated for reasonably, and diversified resettlement modes suited to local conditions adopted to solve the housing problem for displaced rural households properly. In far suburbs and rural areas, the mode of relocation and reconstruction shall be adopted mainly, where housing sites shall be allocated for house construction. Compensation for house demolition shall cover both demolished houses and acquired housing sites. Demolished houses shall be compensated for at replacement cost, and acquired housing sites shall be compensated for at local compensation rates for land acquisition.
58. In outskirts and urban villages, no housing site shall be allocated separately for house construction in principle, while the mode of compensation in cash or in kind shall apply mainly, where displaced rural households shall purchase houses themselves or accept resettlement housing provided by the government. The sum of compensation fees and government subsidies received by displaced rural households shall be sufficient for them to purchase houses at reasonable levels.
59. (9) Carry out LA and HD orderly under unified planning. In outskirts and urban villages, local governments shall forecast the scale of farmers’ house demolition and resettlement within a certain period based on urban development plans, make advance arrangements for resettlement sites and housing, and organize house demolition orderly. Resettlement housing construction shall comply with urban development plans, and “repeated demolition” shall be avoided. In far suburbs and rural areas, in case of resettlement by relocation and reconstruction, relocation and reconstruction land shall be provided within village and town construction land, giving priority to the utilization of idle land and unused housing land. For villages included in the range of demolition and merger, relocation and reconstruction land shall be as close to planned settlements as possible. Where conditions permit, resettlement housing for displaced rural households shall be constructed in a unified manner in conjunction with new countryside or central village building.
60. (10) Conduct notification, confirmation and hearing carefully before reporting for approval. Land acquisition concerns farmers’ immediate interests, and the rights of information, participation, appeal and supervision of farmers shall be protected. Municipal and county land and resources departments shall perform the procedures carefully to listen well to farmers’ opinions before reporting for approval of land acquisition in strict conformity with the pertinent provisions. Land acquisition programs shall be notified practically to village groups and farmers by such means as broadcast, village bulletin board and announcement in conjunction with village affairs disclosure. If any land-expropriated farmer has an objection and proposes a public hearing, the local land and resources department shall organize a hearing timely. Reasonable requirements proposed by farmers must be addressed properly.
61. (11) Simply post-approval implementation procedures. In order to shorten the implementation time after land acquisition approval, where the notification, confirmation and hearing procedures have been performed, and the confirmation of land ownership, land type, size, ground attachments and young crops, and compensation registration have been completed before reporting for approval of land acquisition, the compensation and resettlement program for land acquisition may be drafted upon reporting for approval of land acquisition. After the approval of land acquisition, the land acquisition announcement, and the announcement of the compensation and resettlement program for land acquisition may be posted concurrently. If there is any further public opinion during announcement, the policies shall be publicized and explained carefully to win public understand and support.
62. (12) Strengthen the responsibility of municipal and county governments as the main subject of land acquisition. According to law, municipal and county governments are the main subject of land acquisition, and generally responsible for the fixation of compensation rates for land acquisition, compensation and resettlement for house demolition, the timely and full disbursement of compensation fees, the employment training of land-expropriated farmers, and the inclusion of land-expropriated farmers in the social security system. Land and resources departments shall perform its responsibilities under the unified leadership of the government to ensure that land acquisition is conducted normatively and orderly.
63. (13) Implement a feedback system after approval of land acquisition. Within 6 months of approval of construction land (for urban construction land approved by the State Council, after the approval of farmland conversion and land acquisition programs by province-level governments), municipal and county land and resources department shall submit information on the implementation of land acquisition, including the range and size of land acquisition, the performance of the post-approval procedures for land acquisition, the availability of land acquisition compensation fees, and the resettlement and social security implementation of land-expropriated farmers, to province-level land and resources department, and the Ministry of Land and Resources via the online submission system. Province-level land and resources departments shall urge and direct municipalities and county to submit information properly, check submitted information, correct non-submission, delayed submission and erroneous submission timely. Land and resources departments at all levels shall take full advantage of submitted information to master and analyze the post-approval implementation of land acquisition, strengthen post-approval land regulation, and ensure that land acquisition is implemented as required.
4.3 Regulations of Chongqing Municipality
Chongqing Municipal Land Management Regulation (No.53 of the Order of Chongqing Municipal Government)
64. Article19: Examination and approval formalities shall be completed for farmland converted to construction use land. To convert farmland to construction use land in the overall land planning of towns, villages and townships, the following conditions must be satisfied: (1) Conforms to overall planning of land use; (2) Conforms to overall planning of towns, or villages or townships; (3) Obtains yearly planning index of converted farmland; (4) Farmland replenishment measures are implemented. If the conditions are not satisfied, the farmland shall not be approved to be converted to construction use land.
65. Article22: Land acquisition organization shall completely pay land compensation, resettlement subsidy and compensation for attachment/structure on the land and young crops in three months from the date of approval of land acquisition scheme.
Chongqing Municipal Land Acquisition Compensation and Rehabilitation Method (No.55 of the Order of Chongqing Municipal Government)
66. Article 19: For following population converted from rural residents, the state land administration department shall allocate land compensation and resettlement subsidy to civil affairs department at one lime. The civil affairs department shall carry out resettlement or issue living expense month by month as specified:
（1）Orphans of under 18;
（2）Widowers of 60 and widows of 50;
⎫（3）Disabled and unworkable persons without guardians; and
⎫（4）Persons of mental disease with certificates issued by the people’s hospitals above county level and without guardians.
4.4 Wushan County’s Policy
Provisional Method on Land Acquisition Compensation and Resettlement in Wushan County (WushanFuFa【2008】No.39)
67. Article 4 To acquire land, compensation for land, resettlement, ground attachment, and young crops shall be legally paid, compensation for land and resettlement shall be separately calculated.
68. (1) Compensation for land shall be calculated based on the size of land irrespective of the land type. In type one area (within planned town construction area of 14.71km²), compensation per mu shall be 13000 Yuan. In type two areas (out of planned town construction area of 14.71km²), compensation per mu shall be 12000 Yuan. Resettlement subsidy shall be calculated according to number of people converted from agriculture, and the standard shall be 25000 Yuan. 80% of the compensation shall be used for pension of the people converted from the agriculture and allocated to labor security department by the state land department, and 20% for collective economic entity to develop collective economy and arrange the production and livelihood of collective economic entity members.
69. If the sum of 80% of the compensation and the payment by the individual is less than the pension, the difference shall be paid by the land acquisition department.
70. (2) Resettlement subsidy shall be determined according to the age of the people converted from agriculture. For the people under age of 16 converted from the agriculture, full resettlement subsidy shall be paid to the individuals. For the people of age of 16 and above, the individual shall pay 50% of the pension as required; his or her subsidy shall be allocated to labor security department by the state land department. Remaining 50% shall be paid to the individual for arranging production and livelihood.
71. Article 5 Buildings on the ground shall be calculated according to the space legally registered on the certificate of collective land use right and certificate of rural housing ownership. Structure shall be calculated according to actual condition. Compensation for young crops shall be calculated according to actually planted area at the time of land acquisition.
72. Article 8 Home moving subsidies shall be 660 Yuan per head and transition household shall be paid twice. Organization dismantling and relocation subsidy shall be 50 Yuan per m² demolished. For dismantling and relocation completed in given time limit, reward of 500 Yuan per head shall be provided. For family under 3 members, 3 shall be counted.
73. Article 9 If whole land of rural collective economic entity is acquired, all its members shall be converted from agriculture. If part of the land of collective economic entity is acquired, number of the people to be converted from agriculture shall be determined based on the sum of acquired land area (including orchard, and pasture land considered as cultivated land ) and 0.5 times non-cultivated land divided by cultivated land area per capita. Cultivated land is cultivated land area registered in the land certificate (excluding acquired land area) divided by total population of rural collective economic entity provided by local public security department.
74. Article 10 If cultivated land after collective land has been acquired is less than 0.5 mu per capita, in addition to conversion of the farmers from agriculture to non- agriculture, land acquired households can apply for conversion till remaining cultivated land is up to 0.5 mu per capita. For farmers not applying for conversion and collective economic entity has conditions, contracted cultivated land shall be re-adjusted.
75. In planned town (township) area, the farmers whose land has been acquired and houses demolished, could apply for conversion from agriculture to non-agricultural inhabitants.
76. Article 11 Establishing Basic Livelihood Security System for Converted People
77. （1）Establish unemployment registration system and employment service system for the workforce of the converted people provide policy consulting, job guide, training services, develop jobs for the workforce of the converted people. The workforce can enjoy relevant employment preferential policy. The converted people or their sons and daughters could attend vocational schools in whole Chongqing municipality and enjoy aid as specified in Yu Wei Fa [2006] No. 18 document.
78. （2）After converted people have become town inhabitants as legally registered, they shall be included in basic pension security system for town enterprise employees. For details refer to Trial Method of Basic Pension of the People Converted from Agriculture to Non-Agricultural Inhabitants After January 1, 2008 in Chongqing Municipality.
79. (3) For the converted people who have difficulty in livelihood and are qualified to meet the minimum livelihood security conditions, civil affairs department shall handle minimum livelihood security.
80. Article 12 Collecting Overall Planned Fund of Social Security for Converted People
81. (1) Effective on January 1, 2008, overall planned fund of social security for the converted people shall be collected according to acquired land space while the land is approved. For operation land and town growth land, standard is 20000 Yuan per mu. For industrial land, standard is 5000 Yuan per mu.
82. (2) Overall planned fund shall be included in the land cost, collected by county finance department, managed by special account, used for social security for the converted.
83. Article 13 After the houses of non-converted farmers have been demolished, they could apply for residence land for self-constructing the houses, house compensation standard shall be as specified in Appendix 5 and increased by 50%.
84. Article 14 Eligible converted people could choose money resettlement or purchase unified built house at favorable price.
85. (1) Money resettlement houses. County state land department would sign the contract of money resettlement house with demolished households and settle the amount at one time. The amount is calculated as follows: Difference between construction cost (900 Yuan/m² in type one area and 700 in type two area) and compensation rate of demolished brick (stone) and concrete structure houses multiplied by 25m² per capita (if demolished space is less than resettlement house space, calculate based on demolished space).
86. (2) Purchasing unified built house at favorable price. Demolished households could purchase house of brick and concrete structure at favorable price as specified in Appendix 5. Construction space is based on 25m²/head. Household under 3 members is counted as 3-member household. Household of 4 members is counted as 4; household of 5 or over is counted as 5. The portion of house exceeding the due resettlement house space of 25m² per capita or the portion greater than the demolished house space shall be purchased at price 900 Yuan/m² in type one area, or 700 Yuan/m² in type two area.
87. Article 15 Transition resettlement house rent shall be provided by the land user. Temporary transition money shall be issued based on certified number of resettlers. The standard is 100 Yuan/person.month in type one area and 70 in type two areas. For converted people choosing purchasing unified built houses, transition money would be issued till unified built houses are purchased at favorable price. For money resettlement, transition money for three months would be issued at one time. Transition money for non-converted people, would be issued for 8 months from the date of accepted demolished site.
88. Article 16 After January 1, 2008, self-built houses would not implement in planned town areas.
4.5 Involuntary Resettlement Policy of the World Bank
89. In 1990, the World Bank had published its official requirements on the involuntary resettlement, which is the Guideline OD4.30: Involuntary Resettlement’. In December 2001, the World Bank announced the new guidelines, OP 4.12 and BP 4.12. The latter has been applied to all the projects after 1 January 2002. The overall objectives of these policies are:
➢ Involuntary resettlement should be avoided where feasible. All viable project options should be explored.
➢ When involuntary resettlement inevitable, the resettlement activities should be regarded as part of the sustainable development plan and implemented as part of this plan. The sufficient resources should be provided so that the affected persons could benefit from the project. However, there are no such equivalent wordings in national or local laws and regulations in China. But the Article 50 in the P.R.C Land Administration Law (1998) stipulated that the governments at different levels should support the affected villages and farmers by land acquisition to develop the enterprises. This is the only development pattern proposed besides the basic compensation in Chinese relevant laws and regulations.
➢ The effective consultation and group discussion should be made with the affected persons and also the opportunities should be provided to them for participating the resettlement planning and implementation.
➢ The great efforts should be taken to improve the livelihood and living standards of the affected persons or at least resume the level before their resettlement or resume the level before the project is implemented. The higher living standards are preferred than the lower ones.
4.6 Compensation Principles of this Project
90. The compensation principles for this project are included as the following based on the comparison between P.R.C laws and regulations and the World Bank Policies.
➢ Measures must be taken to minimize the negative impact on the affected persons;
➢ The communities are consulted and the opinions are taken to practically improve the living standards and livelihood of the affected persons;
➢ The compensation and the rehabilitation measures have to ensure that the living standards of the affected persons could be improved or at least resumed to the level before land acquisition;
➢ The affected persons should be carefully consulted and the opportunities are provided to them to involve into the RAP planning and implementation;
➢ The property is compensated in line with the principle of replacement value;
➢ The construction should be in advance of the demolition and the compensation should be paid before land acquisition and house demolition. The implementation of land acquisition and the relevant properties should be proceeded after the affected persons are fully compensated including cash, providing the transition location (if necessary) and the resettlement subsidy;
➢ The identification of the eligible affected persons. The timeline for it is the date when the demolition notice is published. After this date, the affected persons are not allowed to build new houses, extend the existing ones and rebuild the houses and change the purposes of the houses and land uses. Neither could they lease/rent and buy/sell houses. Any persons who move into this affected areas after this date are not eligible for the compensation;
➢ The vulnerable group should be paid the special attention to and the special measures have to be taken to ensure that their livings could be improved or at least resumed to the level before land acquisition.
Compensation Rates for Land Acquisition & Relocation
91. Compensation rates for various impacts of this project are developed according to the provisions of above legal framework and combination with the actual situation in Wushan County. The time of relocation qualification is the release date of notice on land acquisition and demolition. After this date, the relocation households shall not newly build, expand and rebuild houses; shall not change uses of the housing and land; shall not perform lease, rental and sale of land and housing, and persons swarmed into the zone after this date shall not be provided with qualification of compensation of relocation households.
5.1 Compensation rate for Permanently Acquired Land
92. Compensation shall include land compensation, resettlement subsidy and young crops compensations according to Law on Land Administration of the People’s Republic of China, State Council document (GuoFa [2004] No. 28, Chongqing Municipal document (YuFuFa [2008] No. 45 and Wushan County Government Notice (WuShanFuFa [2008] No.39. Land compensation shall be calculated based on acquired land area irrespective of land type. The compensation rate is listed in Table 5.1.
Table5- 1 Compensation rate of Permanently Acquired Land
|Land Compensation (Yuan/mu) |Resettlement Compensation (Yuan/head)|Young Crop (Yuan/mu) |
|13000 |25000 |900 |
Note: As crops on affected land are grain crop, compensation rate shall be 900 Yuan/mu.
93. Longshui Village has 1,043 mu of cultivated land in 2010; total agricultural revenue is 1.205 million Yuan. That is, average output per mu is 1,155 Yuan. Land compensation is 13,000 Yuan per mu, 11.3 times the land output per mu. Cultivated land per capita in Village Groups 1 and 2 is 1.1 mu and 0.7 mu respectively, resettlement subsidy is 22,727 Yuan and 35,714 Yuan each, 20 and 31 times the average land output per mu. So, sum of land compensation and resettlement subsidy is over 30 times of the land output. The average output per mu of 1,155 Yuan, deducting the cost, the net anural income is about 700-800yuan/mu. Thus, the compensation rate could meet the requirement of the principle of the replacement cost.
5.2 Compensation Rate for Rural Houses
94. The compensation rate is based on the replacement cost provided by the local PIU (please see Annex 2 for reference). For details see Table 5-2 and Table 5-3.
Table5- 2 Compensation Rate for Demolished Houses
|Resettlement Way|House Compensation (Yuan/m²) |Other Compensation |Money |
| | | |Resettlement |
| | | |(Yuan/head) |
| |Brick Concrete Structure |
|Telephone |90 Yuan/household |
|Cooking stove |250 Yuan/set |
|Washing stand |50 Yuan/unit |
|CTV |200 Yuan/household |
|Methane generating pit |1,000 Yuan/unit |
5.3 Compensation Rate for Ground Attachment
95. For compensation rate of ground attachment, see Table 5-4.
Table5- 4Compensation Rate of Ground Attachment
|Name |Structure |Unit |Unit Price (Yuan) |
|Wall and Enclosure (including |Stone slab |m3 |44 |
|fish pond wall) | | | |
|Well |Stone slab |m3 |39 |
|Tomb |Tomb with stone tablet |Unit |400 |
|Courtyard flat ground |cement |m² |9 |
|Manure pit |stone |m3 |28 |
|Water pipe |Outdoor drinking water pipe |m |2 |
Rehabilitation plan of Production and Livelihood
6.1 Impact and Resettlement Plan of Permanently Acquired Collective Land
6.1.1 Assessment of Income Loss
96. The acquired cultivated land per capita is 0.54mu in Village Group 1 and 0.25 in Village Group 2. Average yearly output per mu is 1,155 Yuan. Income loss is 623.7 Yuan and 288.75 Yuan respectively. For income loss, see Table6-1.
Table6- 1 Estimation of Income Loss
|Towship/Town |Village |Village Group |Affected |Affected Population |
| | | |Household Number| |
97. If remaining cultivated land is less than 0.5 mu per capita, whole families could apply for conversion till remaining cultivated land is up to 0.5 mu per capita. In addition, house acquired and demolished families inside planned town area could apply for conversion. Thus, number of converted people may increase.
(2)Pension of Converted People
98. Affected people aged 16 and above shall participate in the basic pension insurance program for town enterprise employees on the basis of their willingness. Insurance premium of the people of different age varies and half of it would be paid by the government.
99. Majority of the households prefer that the aged people or those under age of 16 could be converted. The people of aged fewer than 16 could enjoy full resettlement subsidy at one time. After paying insurance premium, the people of retirement age could take pension (according to the standard in 2010, basic pension is 500 Yuan per month, people of age of 70 could take 50 Yuan more and people of age of 75 could take another 50 Yuan more) from the date when the resettlement is legally approved). So, the converted people could take pension of at least 6,000 Yuan every year, higher than income from agriculture.
6.1.4 Renewal Measures of Affected People
(1)Skill Training
100. Through survey of 105 people in 20 households, 15 households express those labors are willing to participate skill training, amounting to 75% of surveyed households. These labors they mentioned are mainly males under 45.
101. Designated department in the county would take charge of encouraging workforce to participate skill training, help them to seek job opportunities.
102. During implementation of the project, every year local government would organize skill training, encourage all villagers to participate. Main trainings are listed in Table 6-3.
Table6- 3 Training Contents Provided by Local Government
|Agency / Department |Training Contents |Trainees |
|Agriculture Bureau |Organizing agriculture schools to provide: citrus planting |The main targets include rural |
| |techniques, vegetable cultivation technology, pig breeding and |relocation farmers, other farmers |
| |disease prevention techniques, crop pest control techniques as |can also participate. |
| |well as practical technical trainings in relation to | |
| |agricultural-benefit policy, agricultural products quality and | |
| |safety and policy on relocation. | |
|Social Insurance |1) Free training for immigrant workers from other places. |In project area, hundreds of people|
|Bureau |2) Pre-post training for immigrant workers from other places |are able to receive such training |
| |3) Business-initiation training of workers returning home . |each year. |
| |4) Free training of rural labor force. | |
|Poverty Alleviation |1) Unite with vocational training schools in Wushan County to |Rural tourism initiation, business |
|Office |conduct rural tourism poverty alleviation and business-initiation |and operation practitioners, |
| |courses. |featured large breeding industry |
| |2) Unite with each training Institute to provide training courses |owners, rural cooperative economic |
| |on business-initiation policy and knowledge of relevant laws and |organization and collective |
| |regulations, knowledge of agricultural business management, |management organization leaders, |
| |practical agricultural science and technology knowledge. |migrant workers returning home for |
| | |creation of micro-enterprises in |
| | |rural areas, etc. |
|Women's Federation |1) Free lectures delivered to rural women leaders who are willing |Villagers can participate as long |
| |to be engaged in the development of rural tourism, farm joy |as they are willing to |
| |business, tourism product development and rural cooperative | |
| |economic organizations. | |
| |2) Providing training courses on skills and knowledge such as | |
| |relevant laws and regulations, marketing strategies, citrus | |
| |(cherry) industrial production technology, livestock and poultry | |
| |disease prevention & control technology, development of leisure | |
| |and tourism agriculture, market information technology, whitebait | |
| |resource protection, fishing, brand building and sustainable | |
| |development. | |
(2)Employment Recommendation
103. Implementation of the project would create some employment opportunities for local people. After completion of the hospital, the hospital would employ affected farmers on priority as such service staff. After the hospital completed, 100 jobs of monthly wage of 1,000 Yuan would be created for farmers.
104. Wushan employment department (Human Resources and Social Security Bureau) would provide unemployment registration and recommend jobs free of charge. Healthy labors would be recommended to work in Shanghai, Xingjiang and Shanxi etc. They could earn 2,000 Yuan a month. So, income from non-agriculture is higher than from aquiculture.
(3) Micro-credit Support
105. Wushan Employment Service Department could provide micro-credit less than 50,000 Yuan to support to the farmers without land. Business initiating program could borrow loan of up to 80,000 Yuan. Loan support could help local farmers to start various businesses to improve their livelihood.
106. In addition, Wushan Women Federation could provide micro-credit of up to 80,000 Yuan without interest for business-initiating women of age of 20 to 55. For partnership business, loan would be up to 100,000 Yuan. Loan period is two years.
6.2 Resettlement Plan of Demolished Rural Houses
107. The resettlement measures include monetary resettlement and purchasing unified built houses at favorable price for converted people; and self-built houses for non-converted people. 18 out of 20 surveyed households will choose purchasing unified built houses at favorable price.
6.2.1 House Resettlement of Converted People
108. Majority of the converted people would purchase unified built houses at favorable price. The house is of brick and concrete structure and construction space is 30 m² per capita (household of under 3 members is counted as 3 member household; 4 members as 4 member household; 5 and above as 5 member household). The portion of unified built house area exceeding area of 30 m² per capita or greater than the demolished space shall be purchased at 900 Yuan per m². The Administrative Committee of Jiangdong New Zone will specially allocate three plots of land for building resettlement houses. The responsible agency is the Administrative Committee of Jiangdong New Zone. The plan is ongoing. Most of the houses consist of two bedrooms and one living room; some houses consist of three bedrooms and one living room or one bedroom and one living room. The surrounding facilities include school, supermarket and hospital. The land is proposed to be leveled in 2012, and the houses to be constructed in the end of 2012 or in the early of 2013 and finished in the end of 2013. An average member of affected households is approximately 5. So, each household could have unified built house of 5X30=150 m². Thus, each household will get a replacement of 120m² unified built houses without any additional cost. If the demolished house area is larger than the house area they buy at the preferential price, the household will get the additional compensation for those areas at the standard of 550/m²; Based on the estimation of local PIU, the rebuilt cost of a new house in rural area is about 530.79/m². Thus, the compensation standard meets the demand of the principle of the replacement cost.
109. For money resettlement, county state land department would sign the contract with demolished households and settle the amount at one time. The amount is calculated as follows: construction (900 Yuan/m²) minus compensation rate of demolished house times 30m² per capita. That is (900-500)X30 (demolished space is counted if it is smaller than resettlement house)=12,000 Yuan. Take a household of 5 members with demolished house space of 250m², house compensation is approximately 137,500 Yuan, plus money resettlement of 12,000 Yuan per capita. So, total compensation is 197,500 Yuan.
110. Land user shall pay transitional resettlement fee of 100 Yuan/person•month according to certified number of relocation population. In the project area, there are average 5 persons in one household; each household would averagely get 500 Yuan/month for temporary transition. In the nearby rural area, a rent for a rural house with 2-3 rooms is around RMB400. Thus, the transition fee could cover the transition cost. For converted people transitional resettlement fee would be issued till unified built houses are purchased at favorable price. For money resettlement, transitional resettlement fee for three months would be paid at one time. For non-converted people, transitional resettlement fee would be paid for eight months from the date when the demolished site is accepted.
6.2.2 House Resettlement of Non-converted People
111. After the houses have been demolished, non-converted people could apply for residence land to build houses by themselves. House compensation shall be as specified compensation rate and increased by 50%. Self-built houses shall not be located in planned town area. As majority of non-converted people choose self-built houses, the site of self-built houses will be taken by the economic development zone.
112. Construction cost of self-built house of 100m² is approximately 53,100 Yuan in Wushan rural area. Compensating for demolished house of 100 m² is 82,500 Yuan (construction cost is 825 Yuan/m² for brick and concrete structure), sufficient to build the house.
6.3Resettlement Plan of Enterprises and Organizations
113. Three enterprises would be affected. The project owner and the investigation team have already fully negotiated with the managers of the enterprises. The hospital construction will receive support from them.
114. Zaoyang refueling station is a state enterprise under Petro China Chongqing Sales Company and the annual turnover is 14 million Yuan. It would be compensated using money as the location is to be planned by China National Petroleum Corporation. Because all of the property of existing in gas station cannot move and will be scrapped, the replacement prices of all these assets (including oil tank, explosion-proof machine etc. equipment) is about 8 million Yuan(which was estimated by the manager). It will be compensated according to its replacement price during the implementation of the resettlement. The employees will work at the new station.
115. The site of plastic processing plant is rented; the rent is 6,000 Yuan a year. Its annual profit is 250,000 Yuan. Most of the processing equipment (such as diesel, water pump, dryer, etc.) can be directly transferred, only a small proportion equipment and facilities (such as boiler, tank, etc.) may be discarded as useless, the replacement price of these facilities to be discarded is about 200,000 Yuan, estimated by the manager of the plant. It will be compensated in accordance with the replacement price during the resettlement implementation and will be reconstructed in other area. The plant will be moved to other Areas and the production be recovered.
116. Changhong cooking stove plant is operating in the 4-storey house of the boss. The annual turnover is 1.2 million Yuan. Part of the processing equipment can be directly transferred, another part of the equipment and facilities may be discarded, and the replacement price of these facilities to be discarded is about 250,000 Yuan, estimated by the manager of the plant. It will be compensated in accordance with the replacement cost during the resettlement implementation, and will be reconstructed in other area. The director of the factory said, according to the current resettlement way, he is willing to move to other Areas to enterprise production.
117. Assets assessment department would be employed to carry out assessment on three enterprises. They would be relocated and rebuilt through discussions on compensation rate and renewal measures. Two private enterprises would be fully compensated and rebuilt according to replacement principle. Temporary employees would be informed two months in advance; fixed employees would be continuously employed. Their income would be affected as minimum as possible.
Table6- 4 Resettlement of Relocated Enterprises
|Name |Location |Impact Extent |Resettlement |
| | | |Way |Location |
|Zaoyang Refueling Station |Village Group 1, Longshui |All |Money |- |
| |Village, Longjing Township | | | |
|Plastic Plant |Village Group 2, Longshui |All |Rebuilt after |Under discussion |
| |Village, Longjing Township | |Compensation | |
|Cooking Stove Plant |Village Group 2, Longshui |All |Rebuilt after |Under discussion |
| |Village, Longjing Township | |Compensation | |
6.4 Resettlement Plan of Affected Business Shops
118. Affected three business shops are operating on the first floor of their own rural houses and the equipment will be properly compensated. The shops and facilities are simple. Facilities compensation for each shop is around 1,000 Yuan. Specific amount will be determined through consultation based on replacement principle. The owners hope that they would resume operation after relocation. The project owner expressed that some shop site information could be supplied.
5 Rehabilitation Plan of Affected Vulnerable groups
119. Land acquisition would affect three vulnerable persons. One of them would be converted from agriculture. He is 60 years old, and could take pension of not less than 500 Yuan per month, higher than his income from agriculture. Income of other two households is from engaging in industrial or engineering work. They are not too much affected by land acquisition and will not convert to urban residents. They will choose rebuilding houses. Project owner would provide some jobs, such as cleaning in the hospital and civil affairs department could provide some subsidy about 1000yuan/year for each house. In the process of moving and rebuilding new houses, the implementation unit will provide them enough help. After their houses are demolished, residence site would be supplied. Compensation is sufficient to build the new houses.
6.6Restoration of Affected Ground Attachments
120. The ground attachments affected by this project mainly include the young crops, scattered planted trees, ground structures and some professional infrastructures.
121. For the affected young crops, the project owner will pay young crop compensation fees based on unified standard stipulated in Wushan FuFa [2008] No.39 document (cash crops RMB900/mu)); compensation will also be made to the ground structures according to Wushan FuFa [2008] No.39 document; other specialized infrastructures may be transferred or rebuilt according to the original size and standard or restoring the original functions; If it is not relocated or restored, compensation shall be made in accordance with established standards of compensation.
Public Participation and Consultation
122. According to the policies and regulations of the world bank, the state and Chongqing Municipality on LA, HD and 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 DPs and the affected entities, reduce grievances and disputes, and realize the resettlement objectives properly by developing sound policies and implementation rules on displacement and resettlement, preparing an effective RAP, and organizing implementation properly.
7.1 Means and measures of public participation
7.1.1 Means of public consultation
123. Before the survey, terms of reference were prepared to specify the scope, methods and requirements of survey, listen to comments of local governments, and had local governments assign representatives to the survey Village Group. During the general survey, township, village and group heads, and DP representative were invited to participate, the necessity, benefits and impacts of the Project, principles for compensation and resettlement progress were communicated to them, and the survey Village Group discussed possible resettlement sites with them. At the RAP preparation stage, the resettlement planning staff discussed with Area and township leaders, listened to their comments, requirements and issues, and selected resettlement sites. During the field survey, local residents and staff of departments concerned were involved in site selection. These consultation activities will be meaningful for the successful implementation of the RAP.
124. On the basis of effectiveness and feasibility, public participation activities were conducted in the following manners:
(1) FGD (focus group discussion)
125. FGDs covering all affected population were organized at the village groups, including ordinary residents affected by LA and HD, old people, women and disabled persons.
(2) Structured questionnaire survey
126. At the preparation and design stages of the Project, a structured questionnaire was designed to fully understand the expected resettlement modes of the affected population, with focus on rural reconstruction and resettlement programs. In public consultation activities conducted at the end of October 2011, all the 113 rural DHs were included in the questionnaire survey.
(3) Discussion meeting and personal interview
127. Depending on public participation activity, discussion meetings and personal interviews were organized to collect relevant information.
7.1.2 Participation and consultation measures
128. Public participation and consultation activities were conducted in the form of discussion meeting and sampling willingness survey to explain the purpose, scope and importance of the Project, and discuss resettlement programs with DP representatives. Through the survey, public opinions will be well considered, and incorporated into house reconstruction and production resettlement programs as where possible without breach of the overall plan so as to satisfy the DPs.
129. At the resettlement implementation stage, the above two forms will be still used to collect resettlement information, investigate expectations of the DPs, and further improve resettlement programs. In addition, the DPs may reflect grievances, comments and suggestions to village committees, resettlement agencies and M&E agencies, which will be handled according to the established procedures.
130. In order that the APs and the affected local governments are fully aware of the RAP, and the compensation and resettlement programs under the Project, the state laws and regulations on resettlement, and the Bank’s policy on involuntary resettlement through public participation (in the form of discussion meeting, etc.) or local news media (e.g., TV) to the DPs from the beginning of the Project to the whole process of resettlement implementation, so that the DPs know the compensation calculation method, compensation measures of physical indicators, resettlement measures, the disbursement and use of resettlement funds, and the rights and preferential policies to which they are entitled. Resettlement information will also be disclosed to the residents of the resettlement communities, so that they know information on LA, land compensation rates and fund uses. This will increase the transparency of the resettlement work, win the support of the DPs for resettlement and ensure the successful completion of resettlement.
7.2 Public participation activities at the preparation stage
131. At the RAP preparation stage, extensive public participation and consultation activities was conducted. Through provide consultation with stakeholders to obtain stakeholders’ opinions on land acquisition, it will provide basic for designing and implementation. Such activities of the project had been done, see Table 7-1:
（1） community meeting: before starting such survey, the leader of the survey Village Group brief the background information of the project to meeting participants, including project contents, project necessity, potential impacts, compensation policies and resettlement scheme. The meeting participants included affected the villager representatives, the women representatives, the vulnerable group representatives, town government representatives and village cadres.
（2） Interviewing with the owner: to know background, scale and impact of the project.
（3） Household sampling questionnaire: the purposes of the questionnaire are not only to know local socio-economic status of the project area, but also to know the opinions and attitudes of affected persons. In Nov.2011, 105 people in 20 household in affected villages was done the sampling questionnaire, account for 59% of the total affected people. Such survey result would be used as the important basis in preparing the RAP.
（4） Interviewing with village leaders: to know total socio-economic status of the village collectives, expectation and requirement to the project, opinions and suggestions on land acquisition and resettlement policies and sharing relevant experiences of village leaders.
（5） Interviewing with managers of the enterprises: to know the operation of the three enterprises, numbers of employees and their salary, their attitude towards the hospital construction, and their expectation on the compensation rate and rehabilitation.
（6） Interviewing with governments: the survey Village Group interviewed the Development and Reform Committees, the Land Resource Bureau, the Employment Bureau, the Labor & Social Security Bureau and the Statistic Bureau of affected county to collect related project data, information and land acquisition policies and opinions and suggestions on the project implementation.
Table7- 1 Activities participated by public in project preparation phase
|content |way |time |participator |topic |
|community meeting |meeting |Oct,2011 |2 Cadres and 13 farmers in |Introduce the background information|
| | | |affected villages |of the project |
|Interviewing with the |meeting |Nov,2011 |2 persons from the Wushan |to know background, scale and impact|
|owner | | |Hospital |of the project. |
|Household sampling |Household |Nov,2011 |105 people in 20 household in |to know local socio-economic status |
|questionnaire |Questionnaire survey | |affected villages |of the project area,，the opinions |
| | | | |and attitudes of affected persons |
|Interviewing with |meeting |Nov,2011 |1 Village head, 1 Village |to know total socio-economic status |
|village leaders: | | |secretary and 1 accountant in |of the village collectives |
| | | |affected villages | |
|Interview with |Interview |Nov,2011 |3 managers in the 3 |To know the operation of the |
|managers of the | | |enterprises |enterprises and their expectation on|
|enterprises | | | |the compensation rate and |
| | | | |rehabilitation plan |
|Interviewing with |interview |Nov,2011 |8 staff of the development and|collect related project data, |
|governments | | |reform commission、Land bureau|information and land acquisition |
| | | |and relevant bureaus in Wushan|policies |
132. Based on the community meeting and household survey, the major concerns of those affected people are: (i) the payment of the compensation; and (ii) the construction of the resettlement house. For those concerns, the Administrative Committee of the EDZ promised that the compensation would be completely paid on time and the location of the resettlement house would be in the area of the EDZ with good supporting facilities, such as road, school, hospital and supermarket.
133. With the progress of project preparation and implementation, the Wushan County Relocation & Resettlement Implementing Agency will conduct further public participation. See Table 7-2.
Table7- 2Public participation plan of the Project
|Purpose |Mode |Time |Agencies |Participants |Topic |
|RIB |Distribution to |Feb., 2012|management committees of |All APs |RIB |
| |the DPs | |Wushan EDZ、Longjing town | | |
| | | |government | | |
|LA announcement |Village bulletin |Mar., 2012|management committees of |All APs |Disclosure of LA area, |
| |board, village | |Wushan EDZ、Longjing town | |compensation rates and |
| |meeting | |government | |resettlement modes, etc. |
|Announcement of |Village bulletin |Mar., 2012|management committees of |All APs |Compensation fees and mode of |
|compensation and |board, village | |Wushan EDZ、Longjing town | |payment |
|resettlement options |meeting | |government | | |
|for LA | | | | | |
|Determination and |Villager meeting |Mar., 2012|management committees of |All APs |Discussing the final income |
|implementation of |(many times) | |Wushan EDZ、Longjing town | |restoration program and the |
|income restoration | | |government | |program for use of compensation |
|program | | | | |fees |
7.3 Public participation plan at the implementation stage
7.3.1 Participation in resettlement for HD
1) Compensation rates for houses
134. House compensation rates concern the DHs’ immediate interests. Before HD, the resettlement agencies will consult with the DHs about house compensation rates and enter into agreements with them. The consultation results will be posted after the execution of agreements for public supervision.
2) Resettlement site and mode for HD
135. At the RAP preparation stage, the departments concerned conducted a survey on resettlement sites and modes. According to the results, most DPs prefer the mode of nearby central resettlement. The resettlement agencies and the local governments will provide assistance at all stages of resettlement.
7.3.2Participation in the management of land compensation fees
136. Land compensation fees and compensation fees for other collective assets to be retained by the village as stipulated shall be owned by the village collective, and shall not be withheld or embezzled by any organization or individual. Compensation fees shall be used by the village collective for dedicated purposes in a unified manner.Fund uses must be discussed and adopted at village meetings, and be subject to supervision by villager representatives.
7.3.3 Participation in project construction
137. Project construction will affect different project areas more or less. In order to ensure that the APs benefit from the Project, public participation in project construction is highly encouraged, and convenience in materials and labor use will be provided.
7.4 Women’s participation
138. The implementing agencies and the local governments have attached special importance to the role of women in resettlement implementation, and cared about their personal and household needs from the beginning of the Project.
139. In the project areas, women enjoy the same rights and status as men, and play a crucial role in economic activities and housework, especially in rural areas, where most women stay at home. Except family responsibility, women play a crucial role in farming and nonagricultural operations. Therefore, in the project areas, women even show greater enthusiasm about the Project than men. They not only participate actively in all stages of resettlement, but also play an outstanding role in the consultation about resettlement sites and modes.
140. During the general survey, women representatives were invited to the survey Village Group to ensure communication with the affected women. At the small-scale discussion meetings of all villages, over 40% of attendees were women. They not only showed great support for the Project, but were also concerned about the accuracy of DMS results, the rationality of compensation rates, and if compensation fees could be available timely. At the resettlement planning stage, the design agency invited women representatives to discuss the project design, and listened to their comments, requirements and issues about production resettlement, relocation and resettlement housing construction. These consultation activities have positive significance in addressing women’s worries about livelihoods and traditional production patterns, and ensuring that women benefit equally from the Project.
141. Priority will be given to women during resettlement and house demolition (HD), especially in livelihood restoration and project construction activities, to provide them with more job opportunities.
Grievance redress procedure
142. During LA, HD and resettlement, the following measures shall be taken to reduce the DPs’ grievances and appeals: 1) The implementing agencies and the local governments will give extensive publicity to the LA, HD and resettlement policies in such forms as meeting, discussion and door-to-door survey so that the APs can understand the LA, HD and resettlement policies and principles, and compensation rates; 2) Disclose information on LA and HD losses, resettlement agreements, compensation fee disbursement, the construction progress of resettlement housing, and the resettlement agencies through mass media and bulletin boards to accept public supervision; 3) Strengthen communication and consultation with the APs. The implementing agencies and the local governments will listen to the DPs’ comments and requirements carefully, conduct honest communication and consultation with them, help them solve difficulties and problems encountered during resettlement, and meet their reasonable requirements where possible.
143. During preparation and implementation of the RAP, consistent attention will be paid to the participation of the APs and the affected entities, and an appeal mechanism established. If any AP is dissatisfied with any compensation arrangement or thinks that he/she is treated unfairly or unreasonably during resettlement, he/she may seek a solution through the appropriate procedure.
144. Since the resettlement work is conducted with the participation of APs, no substantial dispute will arise. However, in order to ensure that APs have a channel to file an appeal on any issue concerning land acquisition and resettlement, a four-stage grievance redress mechanism has been established during the preparation and implementation the RAP:
Phase 1: When affected persons dissatisfied with the land acquisition compensation plan, they can raise the oral or written appeals to the village committees or town governments. Such organizations have to take the written recording and provide the solutions within 2 weeks.
Phase 2: When affected persons still dissatisfied with the solutions in Phase 1, they could raise appeals to the Resettlement implementing agency, land acquisition office of Jiangdong New Zone, which have to provide the solutions within 2 weeks.
Phase 3: In case the affected persons are unsatisfied with the solutions in Phase 2, they could raise the appeals to the relative administrative Organization for administrative arbitration.
Phase 4: When affected persons dissatisfied with unsatisfied with the solutions by the administrative arbitration in Phase 3, in accordance with the stipulations of the Administrative Procedural Law, they could appeal to the civil courts upon receipts of the solutions.
145. The DPs may file an appeal about any aspect of resettlement, including compensation rates, etc. The above appeal channel will be notified to the DPs at a meeting or otherwise, so that the DPs are fully aware of their right of appeal. Mass media will be utilized for publicity, and opinions and advice about resettlement will be compiled into messages for study and disposition by the resettlement agencies. All agencies will accept grievances and appeals from the APs for free, and costs so reasonably incurred will be disbursed from contingency costs.
146. The relevant staffs that are responsible for the resettlement are listed in the Table 8-1.
Table 8-1 List of relevant staff
|Department |Name |Occupation |Tel |
|Wushan Land Bureau |Tao Chaoyu |Director |13594430138 |
|Wushan Hospital |Deng Yawei |Deputy director |13308262018 |
|Longjing Township |Xiang Yuanzhi |Township head |13308262268 |
|Longshui Village |Huang Yifu |Village Head |13896209681 |
Organizational Structure and Implementation Progress
9.1 Relative Organizational & management structure
147. In order to lead the preparation and construction work of the Project, under the leading of Wushan County Government, the Development and Reform Commission, Finance Bureau and Health Bureau established the Wushan County Project Leadership Village Group, as the decision-making and working agencies of the Project. This agency is responsible for coordination, management, supervision and service during project implementation; reporting the progress of project implementation to the Wushan County Government and the World Bank; coordinating the departments concerned; organizing bid invitation and procurement; preparing annual financial plans; project quality control; providing technical assistance to, and coordinating research and training activities of the project townships.
148. Each village affected by the Project has one or two key leaders assisting in resettlement. The detailed resettlement management organizational structure is shown in Figure 9-1.
[pic]
Figure9- 1 Resettlement Organization Structure
9.2 Organizational responsibilities
1. Leading Group of the World Bank Project in Traditional Chinese Medicine Hospital of Wushan County
149. Responsible mainly for organizing the resettlement of the Project, formulating policies on resettlement activities of the Project, and coordinating relations among the resettlement agencies at all levels
➢ Coordinating the work of all government departments concerned at the preparation and implementation stages
➢ Making decisions on major issues in project construction and resettlement
2. Wushan PMO
150. Responsible mainly for handling day-to-day affairs in resettlement planning and implementation, and exercising the management, planning, implementation, coordination, supervision and monitoring functions of resettlement as the project management agency;
➢ Coordination, management, supervision and service during project implementation
➢ Reporting the progress of project implementation to the Chongqing Municipal l Government and the Bank;
➢ Preparing annual financial plans;
➢ Organizing and coordinating the preparation of the RAP;
➢ Project quality control;
➢ Providing technical assistance to, and coordinating research and training activities of the project;
➢ Taking charge of and inspecting internal monitoring, and preparing LA, HD and resettlement progress reports;
➢ Assisting in external monitoring activities
3. Project Owner
151. The project owner is Traditional Chinese Medicine Hospital of Wushan County. In relocation and resettlement activities, specialized persons are designated to perform supervision and management of the relocation & resettlement activities, whose main responsibilities include:
➢ Organizing bid invitation and procurement;
➢ Entrusting a consultancy institution to develop and prepare relocation & resettlement plan;
➢ Participation in and coordination with survey of relocation & resettlement;
➢ Entrusting or organizing implementation of relocation & resettlement;
➢ Conducting supervision and management of relocation & resettlement activities;
➢ Periodically report schedule of relocation & resettlement to the World Bank Office in Wushan County, and making internal monitoring report;
4. Wushan County Resettlement Implementing Agency
152. Resettlement implementing agency of the project is land acquisition office of Jiangdong New Zone
➢ To participate preparation of the RAP;
➢ Implementing resettlement activities in accordance with the relocation-resettlement plan approved by the World Bank;
➢ Handling relevant procedures of land acquisition and housing demolition;
➢ To propagandize resettlement policy of the project;
➢ To organize the public participation;
➢ Signing land expropriation and house demolition contracts with the affected persons, submitting them to the project owner and the project office for the record;
➢ Carrying out the relocation-resettlement program, and reporting it to the project owner and the project office for the record;
➢ Responsible for the disbursement of funds, and submitting copies of the payment vouchers to the project owner and the project office for the record;
➢ Dealing with complaints and appeals in the process of relocation & resettlement;
5. Village committees and sub-villages
153. The resettlement working Village Group of a village committee or sub-villages is composed of its key officials. Its main responsibilities are:
➢ Participating in the socioeconomic survey and impact survey of the Project;
➢ Organizing public consultation, and propagandizing the policies on LA and HD;
➢ Selecting resettlement sites and allocating housing sites to the DPs;
➢ Organizing the implementation of agricultural and nonagricultural resettlement activities;
➢ Paying and managing relevant funds;
➢ Reporting the DPs’ opinions and suggestions to the competent authorities;
➢ Reporting the progress of resettlement implementation;
➢ Providing assistance to displaced households with difficulties
6. Design Agency
154. The Design Agency of the project is building academy of Chongqing University, its main responsibilities are:
➢ At the planning and design stage, it will survey the physical indicators of LA and HD, the environmental capacity, the usable resources, etc. accurately, and assist the governments in the project areas in formulating resettlement programs, preparing budgetary investment estimates for compensation for LA and HD, and drawing the relevant drawings.
➢ 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, assist in the implementation of the relocation and resettlement for production of the DPs, and improve the resettlement programs based on the practical situation.
7. External Monitoring Agency
155. The Wushan PMO will employ a qualified M&E agency as the external resettlement monitoring agency. Its main responsibilities are:
➢ Observing all aspects of resettlement planning and implementation as an independent M&E agency, monitoring and evaluating the resettlement results and the social adaptability of the DPs, and submitting resettlement M&E reports to the Chongqing PMO and the Bank
➢ Providing technical advice to the Chongqing PMO in data collection and processing.
9.3 Staffing and equipment of resettlement agencies
156. In order to ensure the successful implementation of the resettlement work, all resettlement agencies of the Project have been provided with full-time staff, and a smooth channel of communication has been established. Each resettlement agency is composed mainly of 3 to 10 administrative staff members and specialized technicians, all of whom have certain professional and management skills, and considerable experience in land acquisition, property demolition and resettlement. The Staffing of resettlement agencies see Tables 9-1 and the Leaders of Relevant Resettlement Agencies Involved in the Project see Tables 9-2.
Table9- 1 Staffing of resettlement agencies
|Agency |Workforce |Composition |
|Project Leading Group |1 |Government officials |
|Wushan PMO |2 |Government officials, Civil servants |
|Project Owner |2 | Hospital leader, staff members |
|Wushan County Relocation & |8 |Civil servants, staff members |
|Resettlement Implementing Agency | | |
|Village committees / groups |3 |Officials and DP representatives |
|Design agency |4 |Senior engineers, engineers |
|External monitoring agency |4-6 |Resettlement and social experts |
Table9- 2 Leaders of Relevant Resettlement Agencies Involved in the Project
|Department |Responsibilities |Responsible |Title |
| | |Person | |
|County Development and |Performing overall coordination of the project on behalf of Wushan |Chen Siyi |Deputy |
|Reform Commission |County’s World Bank Project Leadership Village Group | |director |
|Wushan PMO |Responsible for coordination of various preliminary works of the |Zhou Bing |Director |
| |project, in cooperation with the project owner in well | | |
| |implementation of the project and reporting, etc. | | |
|County Land Bureau |Responsible for policy consultation and guidance in relation to land|Pen Wendong |Deputy |
| |acquisition and compensation | |Director |
|County Finance Bureau |Management of funds finance |Feng Qingxian |Deputy |
| | | |Director |
|County Health Bureau |Responsible for coordination of various preliminary works of the |Wang Guoqiong |Director |
| |project, in cooperation with the project owner in well | | |
| |implementation of the project and reporting, etc. | | |
|County Traditional Chinese |The project owner, responsible for project implementation |Qin Maoping |Director |
|Medicine Hospital | | | |
|Longjing Town Government |Coordination in solving preliminary work such as land acquisition |Xiang Yuanzhi |Bailiff |
|Longshui Village |Coordination in solving preliminary work such as land acquisition |Huang Yifu |Village Head |
9.3.1 Equipment
157. The county and township resettlement agencies of the Project have been provided basic office, transport and communication equipment, including desks and chairs, PCs, printers, telephones, facsimile machines and vehicles.
9.3.2 Training program
158. Purpose of training: to train the management staff and technicians related to LA and HD in the Project, so that they understand and master information on LA and HD, and ensure that the action plan for LA and HD of the Project is fully implemented.
159. Trainees: There are two types of training:
➢ For management staff of LA and HD------The purpose is to train the management staff of the Project on LA, HD and emergency measures, so that they learn experience in resettlement and management from advanced countries, and communicate it to all LA and HD staff of the Project.
➢ Resettlement staff------The purpose is to make them understand the scope of construction, resettlement policies and restoration measures of the Project, and ensure the successful implementation of the RAP.
160. Mode of training: Training is divided into two levels: The senior management staff training will be given by the Chongqing PMO, and Bank officials, government officials and experts will be invited to give lectures; the resettlement staff training will be given by the Area resettlement office under the direction of the Chongqing PMO.
161. Scope of training: overview and background of the Project, applicable laws and regulations, details of the RAP, management and reporting procedures, cost management, M&E, reporting, and grievance redress, etc.
9.4 Implementation progress
162. According to the implementation schedule of the Project, the LA, HD and resettlement schedules of the components will be linked up with the construction schedules of the components;
163. The basic principles of scheduling are as follows: (1) The LA, HD and resettlement work shall be completed at least one month before the commencement of construction so that the affected persons have sufficient time to prepare for production resettlement and income restoration; (2) During resettlement, the affected persons should have opportunities to participate in the Project; the range of land acquisition should be published, the Resettlement Information Booklet (RIB) issued, and public participation should be carried out before the commencement of construction; and (3) all kinds of compensation should be paid directly to the affected proprietors within 3 months from the date of approval of the RAP; no organization or individual should use property compensation fees on their behalf, and such compensation should not be discounted for any reason.
164. The overall resettlement schedule of the Project has been drafted according to the progress of preparation and implementation of LA, HD and resettlement. The times listed in the table are subject to adjustment with actual progress, as shown in Table 9-3.
Table 9-3 Resettlement implementation schedule
|No. |Item |2011 |2012 |2013 |2014 |
|1.1 |Land compensation rate |mu |13000 |59.24 |770120 |
|1.2 |Resettlement subsidies |mu |25000 |55 |1375000 |
|1.3 |Compensation for young crops |mu |900 |59.24 |53316 |
|Subtotal |RMB | | |2198436 |
|Part 2 |Compensation for the affected rural | | | | |
| |house demolition | | | | |
|2.1 |Housing compensation | | | | |
| |Brick-concrete structure |M² |550 |6856 |3770800 |
| |Brick-timber structure |M² |470 |127 |59690 |
| |Mud wall structure |M² |350 |845 |295750 |
| |Simple structure |M² |230 |200 |46000 |
|2.2 |Other compensation rates | | | | |
| |Relocation-transition costs |Household |1320 |25 |33000 |
| |Household moving allowance |Person |800 |110 |88000 |
| |Incentive fees |Person |500 |110 |55000 |
|2.3 |House Attachment | | | | |
| |Telephone |Unit |90 |30 |2700 |
| |Cooking stove |Unit |50 |19 |950 |
| |Washing stand |Unit |250 |25 |6250 |
| |CTV |Household |200 |34 |6800 |
| |Methane generating pit |Unit |1000 |5 |5000 |
|Subtotal |RMB | | |4369940 |
|Part 3 |Compensation for the affected | | | | |
| |enterprise | | | | |
|3.1 |Housing compensation rate | | | | |
| |Brick-concrete structure housing |M² |550 |789 |433950 |
|3.3 |Compensation for attachment | | | |8450000 |
| |plastic processing plant | | | |200000 |
| |Changhong cooking stove plant | | | |250000 |
| |Zaoyang refueling station | | | |8000000 |
|3.4 |Relocation-transition costs | |50 |789 |39450 |
|Subtotal |RMB | | |8923400 |
|Part 4 |Compensation for the affected shops | | | | |
| |Compensation for the attachment |Household |1000 |3 |3000 |
| | | | | | |
|Subtotal |RMB | | |3000 |
|Part 5 |Compensation for the affected ground | | | | |
| |attachments | | | | |
| |Wall and Enclosure |M3 |44 |140 |21600 |
| |Well |M3 |39 |140 |5460 |
| |Stone tomb |Unit |400 |60 |24000 |
| |Courtyard flat ground |M² |9 |1400 |12600 |
| |Manure pit |M3 |28 |336 |9408 |
| |Water pipe |M |2 |2800 |5600 |
|Subtotal |RMB | | |63228 |
|Total of Part 1 – Part 5 |RMB | | |15558004 |
|Part 6 |Other associated costs | | | | |
|6.1 |Planning and design costs |RMB |2% | |311160.08 |
|6.2 |Implementation management rate |RMB |3% | |466740.12 |
|6.3 |Technology training cost |RMB |0.5% | |77790.02 |
|6.4 |Monitoring and supervision rates |RMB |2% | |311160.08 |
|6.5 |Basic reserve fund |RMB |5% | |777900.2 |
|Subtotal |RMB | | |1944751 |
|Part 7 |Related taxes and fees | | | | |
|7.1 |Land acquisition management rates |RMB |4% | |87937.44 |
|7.2 |Cultivated land reclamation rates |RMB |16675 |45 |750375 |
|7.3 |Farmland occupation tax |RMB |16675 |45 |750375 |
|7.4 |Paid-use rate for newly-added |RMB |9338 |59.24 |553183.12 |
| |construction purpose land | | | | |
|7.5 |Land acquisition unified planning |RMB |5000 |59.24 |296200 |
| |rates | | | | |
|Subtotal |RMB | | |2438070.56 |
|Total Rates |RMB | | |19940825.06 |
Note: The compensation for the enterprises will be on the basis of replacement cost.
165. The resettlement cost will be financed by the financial bureau of Wushan County.
10.2 Funds Flow and plan
10.2.1 Flow of Funds
166. In the implementation process of the project, after performing review of the compensation-resettlement agreement signed by the Relocation Implementing Agency and the relocation enterprise/household whose land is expropriated, Wushan County Relocation Implementing Agency will directly pay compensation rates of land acquisition and housing demolition to the affected institution or households in accordance with the compensation policies and standards determined in the relocation-resettlement plan. Wushan County Project Leadership Village Group will conduct necessary supervision and guidance on the use of the funds to prevent misappropriation of the funds. Flow chart of disbursing funds of relocation is shown as Figure 10-1.
[pic]
Figure10- 1 Fund Flow Chart
10.2.2 Disbursement Plan
167. Disbursement and usage of compensation fund will be supervised and managed by internal monitoring agency, and reviewed by external monitoring agency according to the compensation policy and standard defined by the RAP. The PMO will allocate kinds of compensation costs according to the project construction status:
1) All cost related resettlement will be calculated into the total budget of the project. And resettlement compensation fund and other cost will be disbursed to relevant units and persons by the owners of Areas and counties;
2) Land acquisition: the County PMO will sign the agreement of land acquisition compensation and attachment compensation with affected towns and village committees. Compensation fund will be paid to village committees by the owners via the bank according to the compensation items, quantities, schedule and cost stipulated by the land acquisition agreements. And attachment compensation will be paid to affected persons by village committees.
3) Houses: the PMO will sign the agreement, involving compensation rate, resettlement style and relocation deadlines, with relocatees. The compensation fund will be disbursed to relocatees by the owners.
4) Other cost: the project implementation agency will have the right of using the other cost. It should be reported to relevant departments when the provision fee is not enough to disburse because of the price surge.
M&E Arrangements
168. To ensure the successful implementation of the RAP and resettle the DPs properly, periodic M&E on LA, HD and resettlement activities will be conducted in accordance with the Bank’s policy on involuntary resettlement (OP4.12), and the Operational Guide to the Monitoring and Evaluation of Resettlement of World Bank Financed Projects in China. Monitoring is divided into internal monitoring of resettlement agencies and external independent monitoring. M&E will begin in Aug. 2012, and end Aug.2017. According to the construction and resettlement schedules of the Project, internal and external monitoring reports will be submitted to the Bank semiannually. At the project completion, an overall monitoring and evaluation report will be prepared.
11.1 Internal monitoring
169. The Wushan PMO will establish an internal monitoring mechanism to monitor resettlement activities. The Wushan PMO will establish a database of LA, HD and resettlement, and use it to prepare the RAP, monitor all displaced households and entities, and conduct internal supervision and inspection of the whole process of resettlement.
11.1.1 Implementation procedure
170. During implementation, the implementing agencies will collect and record information on resettlement implementation from the monitoring samples, and report real-time activity records to the PMO timely to maintain continuous monitoring. The PMO will inspect implementation regularly.
11.1.2 Scope of monitoring
➢ Compensation fees paid to the affected people and enterprise
➢ Construction of resettlement housing
➢ Staffing, training, working schedule and efficiency of the resettlement agencies
➢ Registration and handling of grievances and appeals of the DPs
11.1.3 Internal monitoring reporting
171. The implementing agencies will prepare an internal monitoring report semiannually, and submit it to the corresponding component PMOs, which will in turn submit it to the Chongqing PMO and the Bank at each year end.
11.2 Independent external monitoring
11.2.1 Purpose and task
172. External M&E means the regular M&E of LA, HD and resettlement activities from out of the resettlement organization to see if the objectives of resettlement are met. Through external M&E, opinions and suggestions are proposed on the whole resettlement process, and the restoration of the production level and standard of living of the DPs, an early warning system is established for the management agencies, and a feedback channel provided for the DPs.
173. The external monitoring agency will serve as the consultant to the management and implementing agencies of the Project, conduct follow-up monitoring on the implementation of the RAP, and give opinions for decision-making.
11.2.2 Independent monitoring agency
174. As required by the Bank, a qualified agency will be appointed as the external monitoring agency, which will provide technical assistance to the component owners, and implement basic monitoring through resettlement survey and standard of living survey.
11.2.3 Monitoring procedure and scope
175. Monitoring procedure and scope as below:
1. Preparing the Terms of Reference of M&E;
2. Preparing a survey outline, survey form and record card of affected residents and typical affected entities
3. Design of sampling survey plan and sample size: not less than 20% of households affected by LA and 60% by HD each; 100% of enterprises.
4. Baseline survey
176. A baseline survey required for the independent M&E of the households affected by land acquisition will be conducted to acquire baseline data on the standard of living (livelihood, production and income levels) of the monitored displaced households.
5. Establishing an M&E information system
177. An M&E information system will be established, where a database will be established for different types of M&E data, in order to provide computer aid for analysis and follow-up monitoring.
6. M&E survey
(1) Capacity evaluation of resettlement implementing agencies: to survey the working capacity and efficiency of the resettlement implementing agencies
(2) Monitoring of resettlement progress, compensation rates and payment to typical displaced households: to monitor the disbursement of compensation fees, income restoration and resettlement quality of residents; and restoration measures for vulnerable groups
(3) Public participation and consultation: to monitor public participation activities during the preparation and implementation of the RAP, and the effectiveness of participation
(4) Appeals: to monitor the registration and disposition of appeals of the DPs
7. Compiling monitoring data, and establishing a database
8. Comparative analysis
9. Preparing M&E reports according to the monitoring plan
11.2.4 Monitoring indicators
178. Key M&E indicators:
1. Progress: preparation and implementation of LA, HD and resettlement
2. Quality: effectiveness of resettlement measures and satisfaction of the DPs
3. Investment: disbursement and use of funds
179. M&E will be conducted on the basis of the survey data provided by the design agency, and resettlement implementing agencies. After a full understanding has been obtained, M&E will be conducted in the form of key informant interview and rapid rural appraisal.
180. Usually, the external monitoring agency will perform the following tasks:
1. Public consultation: The external monitoring agency will attend public consultation meetings at villages and towns. In this way, it will be able to evaluate the effectiveness of public participation and the willingness of the DPs to cooperate in the RAP. These activities will be conducted during and after resettlement.
2. Collecting opinions from the Aps: The external monitoring agency will meet township resettlement offices and villagers from time to time to learn opinions collected by them from affected persons. The external monitoring agency will report such opinions to the resettlement offices so as to make resettlement more effective and smooth.
3. Other duties: The external monitoring agency will give advice on the improvement and implementation of the RAP to the resettlement offices.
11.2.5 External monitoring reporting
181. The external monitoring agency will prepare external monitoring reports based on its observations and survey findings, and timely report to the Chongqing PMO, and Chongqing PMO will submit those reports to the Bank.
1. Frequency: M&E will begin in March 2012 and end after the rehabilitation of the affected people. As required by the Bank, baseline survey will be conducted before the resettlement implementation; external monitoring will be conducted twice a year during the resettlement implementation and once after the resettlement implementation.
2. Scope:
(1) Progress of LA, HD and resettlement;
(2) Production resettlement and restoration;
(3) House demolition and reconstruction;
(4) Restoration progress of special facilities;
(5) Standard of living of the DPs;
(6) Availability and utilization of resettlement funds;
(7) Evaluation of the efficiency of the resettlement implementing agencies;
(8) Support for vulnerable groups;
(9) Functions of the resettlement implementing agencies;
(10) Existing issues and suggestions
11.2.6 Post-evaluation
182. 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. Post-evaluation will be conducted by an external independent M&E agency appointed by the Chongqing PMO. 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 Chongqing PMO and the Bank.
Entitlement Matrix
Table12- 1Entitlement Matrix
|Type |Reason of Occupation and Loss |Institutions & Persons|Number of Persons |Detailed Rules of Compensation |Implementation Steps |
|Of Loss | |Who Have Right of |Needing | | |
| | |Compensation |Compensation | | |
|Demolition of |Area of rural housing demolition |Property right person |Rural housing demolition |1）550 yuan/m² for brick and concrete |1) In accordance with the structure and housing area of |
|Rural Houses |of the project is totally 8,028 |of rural houses |of this project involves |structure, 470 for brick and wood structure, |each household, the land acquisition department calculates |
| |m², including brick-concrete | |110persons in 25 |350 for mud wall and 230 for simple structure |compensation rates for rural housing demolition and |
| |structure houses 6,856 m², | |households |for converted people； |compensation rates for attached facilities, compensation |
| |brick-timber structure houses 127 | | |2）Above mentioned standard plus increase of |rates: brick-concrete structure: RMB550/m²; brick-timber |
| |m², mud wall structure housing 845| | |50% applies to self- built house for |structure: RMB470/m²; earth structures: RMB350/m², and |
| |m², and simple structure houses | | |non-converted people. |simple structure: RMB230/ m² |
| |200 m². | | | |For self-built house, compensation rate plus increase of |
| | | | | |50%: |
| | | | | |Telephone: 90 yuan/household; Cooking stove: 25 yuan/unit; |
| | | | | |Washing Stand: 50 yuan/unit; CTV: 200 yuan/household. |
| | | | | |Methane-generating pit :1000 yuan/unit. |
| | | | | |2) According to specific circumstances, the land |
| | | | | |acquisition department calculates other compensation rates |
| | | | | |for the relocation households, including the |
| | | | | |relocation-moving subsidies: RMB660/household, disbursed |
| | | | | |twice; relocation transition rate: RMB100/person/ |
| | | | | |calculated at 8 months; and incentive fee: RMB 500 /person.|
| | | | | | |
| | | | | |3) The land acquisition department will directly disburse |
| | | | | |various items of compensation to each relocation household.|
| | | | | | |
|Ground |Fence, fort-like ridge and road, |Owner and farmers who |Including all farmers with|Compensation fees are directly disbursed to the| |
|Attachments |etc |plant on the land |ground attachments on the |owner and farmers who plant on the land. | |
| | | |land to be expropriated | | |
|Enterprise |This project affects 3 enterprise |Property Right Person |This project involves 36 |In the principle of replacement, the relevant |1)The land acquisition department invites a specialized |
| |whose housing area of 789 m² is to|of the Enterprise |staff members of the |land acquisition institutions confer in terms |agency to conduct evaluation and check of various assets; |
| |be demolished, | |enterprise. |of the compensation rates and rehabilitation |2) The land acquisition department confers with the |
| | | | |measures. It may be transferred or rebuilt |enterprise’s responsible persons in terms of compensation |
| | | | |according to the original size and standard or |rates and restoration measures; |
| | | | |allows the original functions to be restored; |3）Build based on original size or standard or compensate |
| | | | |If it is not relocated or rebuilt, compensation|as agreed. |
| | | | |shall be made in accordance with established | |
| | | | |standards of compensation. | |
|Persons Changing |According to initial calculation, |All persons changing |All persons changing from |Based on WUSHANG FU FA 〔2008〕No.39 Document |Jiangdong new zone‘s land acquisition management office and|
|from Rural |this project involves 55 persons |from rural residents |rural residents to urban | |town’s government are responsible for operation, and Land |
|Residents to |who change from rural residents to|to urban residents |residents | |Bureau and Social Insurance Bureau are liable for social |
|Urban Residents |urban residents | | | |insurance of persons changing from farmers to urban |
| | | | | |residents. |
Annex 1 Detailed Information of Affected Rural Houses
|Serial number |names |Housing area (m2) |
| | |Brick-and-concrete |Brick-timber |Mud wall |Simple frame |
|2 |HuangZhongkun |245 | |50 | |
|3 |YuDexin |400 | | | |
|4 |ZhouXubin |100 | | | |
|5 |Huangyilin |180 | | |110 |
|6 |HuangJianqun |230 | | | |
|7 |FuXianzhi |100 | |60 | |
|8 |LuMingTang |120 | | | |
|9 |HuNenggui |180 | | | |
|10 |HuNengyuan |180 | | | |
|11 |Huanggongcun |250 | |40 | |
|12 |HuangZongjun |450 | | | |
|13 |HuangZongcai | | |180 | |
|14 |YangQinwei |800 | | | |
|15 |JiangZuoming |1100 | | | |
|16 |YuYiguo |350 | | | |
|17 |HuangZongde | | |150 |90 |
|18 |HuangGongpin |220 | | | |
|19 |GongYuqiong |250 | | | |
|20 |HuangGongan |181 | |80 | |
|21 |HuangGongqiong |240 | |105 | |
|22 |Tanchangcun |400 | | | |
|23 |LiangDecao |270 | | | |
|24 |LiangWenyou |350 | | | |
|25 |HuangZongsheng |260 | | | |
|Total |6856 |127 |845 |200 |
Annex 2 Rural House Construction Cost Analysis
|Project summary |Project name |Rural house in Wushan Area |Structure: brick-concrete |
| |Project scale |100㎡ |Layer number:2 |
|Items |Unit |Total (yuan） |Unit cost |Percent of total cost (%) |
| | | |(yuan/㎡) | |
|Cost analysis |Construction |RMB |53079 |530.79 |100 |
| |cost | | | | |
| |Labor cost |RMB |2647.65 |26.48 |5% |
| |Material cost |RMB |1185.06 |11.85 |2% |
| |Machine cost |RMB |49246.29 |492.46 |93% |
-----------------------
[1] Normally, this cut-off date is the date the census begins. The cut-off date could also be the date the project areas was delineated, prior to the census, provided that there has beN?[2]Ž[3]¤ |í¤ |ô¤ |þ¤ |¥ |N¥ |^¥ |w¥ ||¥ |³¥ |ç¥ |%¦ |&¦ |)¦ |‹¨ |•¨ |¹© |º© |»© |Ö© |ש |ª |ª |èæèÏèÏèÏèÏèÏè¾––¾n¾WA*hY2B*[pic]CJKHOJ[4]QJ[5]en an effective public dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx.
[6] "Replacement cost" is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. In applying this method of valuation, depreciation of structures and assets should not be taken into account.
-----------------------
Wushan County Project Leadership Team
Project Owner: Traditional Chinese Medicine Hospital of Wushan County
Relocation & Resettlement Implementing Agency
Project township governments
Internal monitoring
External monitoring agency
Persons affected by LA
Persons affected by HD
Entities affected by HD
Proprietors of ground attachments
RP1261 v1
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