PRC: Chonqging Urban-Rural Infrastructure Development ... · PRC: Chonqging Urban-Rural Infrastructure Development Demonstration Project Road Reconstruction Component in Fengjie County

Resettlement Planning Document

Resettlement Plan Document Stage: Final Project Number: P42012 December 2009

PRC: Chonqging Urban-Rural Infrastructure Development Demonstration Project Road Reconstruction Component in Fengjie County Prepared by the Government of Fengjie County. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Broad of Directors, Management, or staff, and may be preliminary in nature.

Chongqing Urban-Rural Infrastructure Development Demonstration Project

Road Reconstruction Component in Fengjie County

Resettlement PlanRevised

Government of Fengjie County Chongqing, China 15 December 2009

Resettlement Plan for the ADB-funded Urban-rural Integrated Road Component in Fengjie County, Chongqing Municipality

Table of Contents Page

Executive Summary ....................................................................................................................i 1 Project Description.........................................................................................................1

1.1 Introduction ...............................................................................................................1 1.2 Component Description ..................................................................................................1 1.3 Impacts of the component ..............................................................................................6 1.4 Measures to Minimize the Impact of this Component...............................................6

2 Impact of Land Acquisition and Resettlement ............................................................8 2.1 Affected Land............................................................................................................8 2.2 Affected Buildings and Attachments .........................................................................9 2.3 Affected vulnerable Groups ....................................................................................10 2.4 Affected Ground Attachments.................................................................................11

3 Socioeconomic Baseline .............................................................................................13 3.1 Economic Conditions of Fengjie County.................................................................13 3.2 Current Socio-economic Conditions of affected Townships ...................................13 3.3 Basic Information of the affected Villages...............................................................14 3.4 Socioeconomic Situations Survey ..........................................................................14 3.5 Socioeconomic Situations Conditions of the APs ...................................................15

4 Public Participation and Information Disclosure ......................................................19 4.1 Public Participation Plan .........................................................................................19 4.2 Public Participation at Current Stage......................................................................19 4.3 Information Disclosure Plan of Next Stage .............................................................20 4.4 Complaints and Grievances .........................................................................................21

5 Legal Framework and Resettlement Policy ...............................................................23 5.1 Resettlement Principles ..........................................................................................23 5.2 Compensation Policies for the Project....................................................................23 5.3 Compensation Principles and Standards .....................................................................24 5.4 Compensation Eligibility and Entitlement Matrix ...................................................27

6. Housing Relocation and Resettlement.......................................................................29 6.1 Objectives of Demolition and Resettlement............................................................29 6.2 Relocation and Resettlement..................................................................................29

7 Income Rehabilitation Plan..........................................................................................31 7.1 Objectives and Principle of Resettlement ...............................................................31 7.2 Income Loss Assessment.......................................................................................31 7.3 Income Rehabilitation Planning....................................................................................32 7.4 Resettlement of the Vulnerable Groups..................................................................35 7.5 Temporary Land Use and Restoration of Land Attachments..................................35

8 Resettlement Budget and Financial Plan .........................................................................36 8.1 Resettlement Budget ....................................................................................................36 8.2 Source of Fund for Land Acquisition and Resettlement ...............................................36 8.3 Payment and Application of Fund.................................................................................36

9 Organizational Arrangement .......................................................................................38 9.1 Executing Organization...........................................................................................38 9.2 Implementation Agency for Resettlement...............................................................38 9.3 Staffing....................................................................................................................38 9.4 Division of Responsibilities .....................................................................................40 9.5 Measures to Strengthen Personnel Training and Agency Capacity .......................40

10 Implementation of Plan ............................................................................................41 10.1 Timetable for Land Acquisition and Resettlement ..............................................41

11 Monitoring and Assessment .......................................................................................45 11.1 Internal Monitoring ..............................................................................................45 11.2 External Monitoring and Evaluation ....................................................................45

Appendix 1. Resettlement Information Brochure (RIB) ........................................................47


LIST OF ACRONYMS AND MEASURES

AAOV Average Annual Output Value ADB Asian Development Bank AP Affected Person CMG Chongqing Municipal Government CRC Community Residents Committee DIA Diameter DI Design Institute DMS Detailed Measurement Survey EA Executing Agency EIA Environmental Impact Assessment FB Finance Bureau FFM Fact Finding Mission FCG Fengjie County Government FSR Feasibility Study Report GDP Gross Domestic Product Ha Hectare IA Implementing Agency LRB Land and Resource Bureau M&E Monitoring and Evaluation MRM Management Review Meeting PMO Project Management Office PPTA Project Preparatory Technical Assistance PRC Peoples Republic of China RIB Resettlement Information Booklet RO Resettlement Office ROW Right of Way RP Resettlement Plan FJG Fengjie County Government ToR Terms of Reference US$ United States Dollar Mm Millimetres % Percentage � Less than or equal to � Greater than or equal to # Number mu Chinese area measure for land, 1mu = 1/15 ha (1 ha = 15 mu) CNY Chinese currency Yuan, 1 Yuan = 1/6.83 $US ( $US1=CNY 6.83)


Executive Summary

A Component Background To realize village accessible road component and improve the rural production and living conditions, Chongqing Municipality put forward the plan to construct and improve some of rural roads and other infrastructure of Fengjie County with the fund of Asian Development Bank (ADB). The rural road component of Chongqing Fengjie County - Urban-rural Integrated Infrastructure Construction Demonstration Project ("Fengjie Road Component") is a reconstruction and extension component and traversing through 11villages in 4 towns. The construction of this component requires some land acquisition, and based on the extent of impacts, a full resettlement plan has been prepared for this road component. The resettlement planning and implementation is designed to ensure that the affected persons (APs) will be better-off or at least not worse-off as a result of the Project.

B Resettlrment impacts Fengjie road component is a reconstruction and extension component, including Hongtu Township road (18.05km), Tugao road (22.48km), Caotang Town road (13.45km) and Daxing road (29.37km). The land permanently acquired in this component will includes 198.5mu and 86.1 mu will be temporarily occupied. According to the Feasibility Study Report (FSR), 11 villages in four townships will be affected by the land acquisition and house demolition as follows:

1) 1,262 households (5,086 persons) affected by land acquisition;

2) 113 household (450 persons) affected by house demolition.

There are 1,375 households (5,536 persons) in total affected, among which, 46 households (189 persons) are affected by both land acquisition and demolition. The actual number of the APs is 5,347 persons (1,329 households).

C Policies and Legal Framework Compensation for permanent land loss and resettlement is based on the Land Administration Law of PRC (2004) and the State Council Decision to Deepen Reform and Strictly Enforce Land Administration (Document 28 dated November 2004) and Regulation on Land Administration in Chongqing, the circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land acquisition Compensation and Resettlement (YFF [2008] 45). The prepared resettlement plan complies with PRC laws and regulation of resettlement and ADB’s Policy on Involuntary Resettlement (1995). The resettlement principles established for the Project are:

� Land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing a series of design alternatives;

� Compensation and entitlements provided are based at replacement costs and must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement;

� The land temporarily occupied and the period of disruption are to be kept to a minimum;

� All APs, legal and illegal, are to be taken into consideration and accounted for compensation and resettlement aid;

� The per capita landholding after land acquisition will be sufficient to maintain the previous livelihood standards;

� Where land allocation per capita is not sufficient to maintain the previous livelihood standards, other income-generating activities will be provided for;


� A preferential policy will be provided to vulnerable groups in such things as compensation, payment of special fund, minimum living guarantee, and employment;

� All APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing;

� Close monitoring and timely actions will be carried out to identify and resolve any problems.

D. Compensation Standard, Income, and Livelihood Restoration The land acquisition and resettlement compensation standards will follow the Regulation on Land Administration in Chongqing, the circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land Acquisition, Compensation and Resettlement (YFF [2008] 45) and ADB's Policy on Involuntary Resettlement. For the rural farmers suffering land loss but not getting urbanized, two options will be offered: (i) land for land of equivalent quantity and quality or (ii) cash compensation at replacement costs, compensation for crops and cash or kind support based on the willingness of APs for livelihood restoration. In most cases the APs chose cash compensation, thus they will receive a compensation rate of CNY 39,000 per mu for farmland and CNY 19500 per mu for non farmland and compensation for crops. Based on PRC regulation about 166 APs will get an opportunity to become urban residents; the regulation prescribes a formula for calculation of the number of APs who can be urbanized. For APs choosing to be urban residents, 80% of the land compensation fee will be used to arrange the basic endowment insurance paid directly to Labor Insurance Department. The urbanized farmers will also get an additional compensation of CNY 10,400 other than the compensation rates mentioned above to pay for their endowment insurance. For urbanized farmers above 16 years old, they need to pay 50% of urban basic endowment insurance fee. Urbanized farmers at different ages pay different endowment insurance. Compensation for standing crops, auxiliaries, and other assets will also be paid directly to the APs. The measures for economic rehabilitation include: (i) provision of employment opportunities during the project construction and operational phases, (ii) development of economic crops with higher economic value, (iii) promotion and development of new enterprises and self-employed secondary and tertiary businesses, and (vi) provision of technical training to the APs to increase their skills. For temporary land acquisition compensation will be paid to the APs at the rate ranging from CNY 900 to CNY 1500 per mu based on the type of land. For house demolition the households would receive house plots with an average size of 30 sqm per person and a compensation rate of CNY 450 to CNY 500 per sqm depending on the type of structure, moving and relocation allowance and demolition transition subsidy.

E Information Disclosure, Participation, and Grievances All of the affected households and villages, village leaders and town/township and district/county governments have been involved in the project impact and social-economic survey. On various occasions during meetings, interviews, focus group discussions, public consultation workshops, and community consultation meetings, local representatives have participated in the planning and concerns have been integrated into the RPs. Before implementation, Chongqing Project Management Office (CQPMO), District/County governments, Implementing agencies and village leaders will have further discussions and consultation with the APs’ representatives. The impacts on every village and the detailed compensation plan will be discussed in detail to ensure APs’ interests are protected and to provide employment opportunities for the APs’ livelihoods as a result of the project implementation. CQPMO and district/county governments will disclose the resettlement plans in District/county/village offices and to affected people in the local language. The RPs will also be posted on the ADB website. Resettlement information booklets will also be distributed to affected households by December 2009. This guide shall contain information such as the affected project area, proposed land acquisition and relocation implementation progress and procedure, compensation standards for land acquisition, relocation assistance and


livelihood restoration strategy. The respective subproject IAs will establish project resettlement units for supervision of implementation, continued public consultation, monitoring of progress, and response to grievances. The grievance address procedures will be established and explanations will be included in the resettlement information booklets. The four stages of grievance redress mechanism at the level of village collective, county governments, County Land Resources Bureau and People's court will be established by the IA.

F Implementation Arrangement and Schedule Fengjie county PMO and IA will have at least two full-time staff responsible for land acquisition and resettlement, and take the responsibility for coordinating the planning, implementation, financing, and monitoring of land acquisition and resettlement. They will work closely with relevant village officials, land administration bureaus, and will be responsible for supervision and monitoring of resettlement (e.g. delivery of entitlements, restoration of incomes, provision of replacement land, and other economic measures). A training program will be organized for the resettlement officers. Resettlement plans will be updated based on final design and detailed measurement survey and sent to ADB for review and approval prior to award of civil works contract. The land acquisition and resettlement work will commence from May 2010.

G Resettlement Cost and Fund Management The cost estimate for land acquisition and resettlement for the Fengjie road component is equivalent to CNY16.3399 million at 2009 prices, including contingencies. Resettlement implementation will be scheduled to precede the subproject construction schedules. Resettlement implementation will be completed prior to subproject construction. The implementing agencies and the district/county governments will ensure that such funds are made available on a timely manner.

H Monitoring Report Internal and external monitoring of RP implementation will be conducted. Monitoring methodologies are specified in the RP. The IA will carry out internal supervision and monitoring to ensure compliance with the provisions of the RP. The PMO and IA have agreed to a set of supervision milestones with ADB, to ensure timely and effective implementation of resettlement activities. An independent agency under contract to the PMO or IA will carry out external monitoring and evaluation. Semiannual external monitoring reports will be forwarded directly to both the PMO and ADB.


1 Project Description

1.1 Introduction 1. The RP is prepared in accordance with the involuntary (relocation) resettlement policies of the Asian Development Bank (the ADB), principles of social security, the laws and regulations of the PRC and related policies related to land acquisition of Chongqing Municipality and Fengjie County. The RP gives a general introduction to these policies and puts forward effective measures to mitigate the adverse impacts caused by this component through series of public participation activities and adequate negotiation.

2. For the Chinese government and the ADB, the dominant purpose of this RP is to ensure those who are inevitable to lose their land or property obtain the same or better livelihood and living standard when no component is carried out. All the policies, suggestions and compensation measures herein are established for this purpose.

The RP is prepared based on: (i) review and discussion with authors of the relevant project reports, especially the feasibility study report (FSR) for the Project; (ii) a field survey on the project design area; (iii) consultations with the affected households, municipal and County government officials, leaders and representatives of residents in the affected villages and communities; and (iv) the social economic survey for the APs conducted in May 2009.

3. Engineering data for the RP are taken from the FSR and considered reliable. Data regarding resettlement impact and cost will be reviewed and revised and the RP will be updated, based on detailed measurement survey (DMS) before the land acquisition takes place. Any findings through the DMS will be reflected in the updated RP and a final budget will be presented. The updated RP will be submitted to ADB for approval and then be disseminated to the APs. The current RP will be disseminated to APs and uploaded on the ADB website before loan appraisal. Finally, the RP will be endorsed by Fengjie County Government (FCG) before Management Review Mission (MRM).

1.2 Component Description

4. The ADB-funded urban-rural integration road component of Fengjie County, Chongqing Municipality is a reconstruction and extension component, including Caotang Town road, Hongtu Township road, Daxing road and Tugao road, with a total length of 90.685km. The roads are of Grade IV. Caotang Town road and Hongtu Township road are two-directional roads with single lane and the sub grade is 4.5m wide. Tugao road and Daxing road are two-directional roads with double lanes and the sub grade is 6.5m wide. The design speed per hour is 20km/h. The road surface is of cement concrete. 5. According to the component design, the 4 roads will be reconstructed on the basis of original road foundation. There are 4 towns, 1 community and 10 villages along the line, including Ganzi Village, Ouying Village and Linzheng Village of Caotang Town, Daya Village, Jiutai Village and Taiyang Village of Hongtu Township, Dawo Community, Goujia Village, Zhubai Village and Hongyang Village of Qinglong Town and Yanzi Village of Tuxiang Town. 6. The 4 roads to be reconstructed and extended include Caotang Town road, Hongtu Township road, Tugao road and Daxing road. The current roads don’t meet the lowest grade that Caotang Town road and Hongtu Township road have no road surfaces and the surfaces of Daxing road and Tugao road are of clay-bound gravel with road width of 3.5 - 5.5m. Now the surface is not flat, sub grade is narrow and bearing capacity is small. In the sunny days, the roads are accessible but in rainy days, some road sections are not accessible. It is planned to reconstruct and extend the roads in this component. According to the range of townships the planned roads go through, this road component include four sections of Caotang Town road (17.99km), Hongtu Township road (17.485km), Daxing road (29.37km) and Tugao road (25.84km). See Table 1-1 for basic information of this component, and see figure 1-1~1-4.

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Table 1-1. Information and impact of the Component Description

Mileage Subgrade Width Section

Km M

CurrentSubgrade

RuralCollective Land to be

Permanently Acquired

(mu)

Land to be Temporarily

Used (mu)

Land Acquisition and Demolition

Caotang Town road

17.99 4.5 Without

paved road surface

57.7 8.99

Hongtu Township

road 17.485 4.5

Without paved road

surface 38.2 13.45

Daxing road 29.37 6.5

Clay-bound gravel surface

58.3 35.24

Tugao road 25.84 6.5

Clay-bound gravel surface

44.3 28.42

Total 90.685 198.5 86.1

Each section is involved in land acquisition and

demolition.

1.3 Impacts of the component

7. Accoroding to the research on the planned reconstruction and extension roads, the component will acquire about totally 284.6mu of land, in which require 198.5mu pamenant collectively owned land, 86.1mu of temporarily occupation, and houses demolition 7047 . Land acquisition of this component affected 10 villages and 1 community in 4 townships, of which total 5086 persons in 1262 households will be affected by the permanent land acquisition of collectively owned land and 1022 persons in 280 households by temporary land occupation, and houses demolition affected 450 persons in 113 households.

1.4 Measures to Minimize the Impact of this Component

8. To mitigate the impact of this component on local society and economy, the designer and the component implementation agency (IA) took some effective measures. The general principles are as follows:

� Optimization and comparative selection of the component design to decrease land acquisition, demolition and land temporarily occupied, which shall be considered as the key factors of plan optimization; and

� Remedy measures shall be taken when land acquisition and demolition are inevitable to minimize the adverse impact of the component on the APs.

9. According to the implementation agency, the route comparison and selection are made in the preliminary design for this road reconstruction and extension component, which give a comprehensive consideration to the land acquisition, demolition, APs and budget of land acquisition and demolition. To minimize the land acquisition and demolition and mitigate the adverse impact, four towns of Caotang, Hongtu, Qinglong and Tuxiang finally decided to carry out the road reconstruction and extension through joint negotiation among these four town governments and the project IA, and the demonstration of the designers. See Table1-2 for a comparison of the impact of land acquisition and resettlement between the design before and after optimization.


Table 1-2 Proposal Comparison and Selection Comparison

Location Proposal 1 (for comparison) Proposal 2 (recommended)

1. The collective land to be permanently acquired is over 350mu.

1. The collective land to be permanently acquired is 198.5mu.

2. Residential houses of 126 households have to be demolished.

2. Residential houses of 113 households have to be demolished.

3. About 5100 persons are affected by the land acquisition.

3. 5347 persons in total are affected by the land acquisition.

Impact comparison

3. The budget for land acquisition, demolition and resettlement is about CNY 19,439,000.

4. The budget for land acquisition, demolition and resettlement is CNY 16,339,900.

Proposal selection The proposal 2 is recommended. 10. The optimization of the RP reduces about 152mu land to be permanently acquired and decreases 13 households to be demolished, persons affected by the land acquisition increases 247 persons but the cost of land acquisition and resettlement decreases by approximate CNY 3,100,000.


2 Impact of Land Acquisition and Resettlement

2.1 Affected Land 11. In June 2009, the agency preparing the RP carried out an investigation of the component impact. This component has 284.6mu land involved, including 198.5mu rural collective land permanently acquired and 86.1mu land temporarily occupied. Rural collective land permanently acquired is mainly in the road sections where the original bend section will be reconstructed into the straight section and the land temporarily occupied is mainly for piling sands, stones and building material.

12. In June 2009, the consultation team of the resettlement plan conducted a survey to identify the project impact under coordination of the project IA, which shows that 284.6mu of land will be affected by the project including 198.5mu of rural collectively owned land to be permanently acquired and 86.1mu of land to be temporarily occupied. The former takes place at areas where the route is to be improved and the land occupied temporarily is for storing building materials such as sand and stones.

2.1.1 Rural Collective Land Permanently Acquired

13. The rural collective land to be permanently acquired in this component is 198.5mu, including 79.85 cultivated land, 34.43mu woodland, and 47.33mu land returned from farming to forest, 2mu fish pond and 6.56mu other collective land. The land acquisition involves 4 townships, 1 community and 10 villages, impacting 1,262 households (5,086 persons). See Table 2.1-1 for details on the land to be acquired.

Table 2-1. Rural Collective Land Permanently Acquired Rural Collective Land to be Permanently Acquired Population

Town / Township Village Subtotal Cultivated

Land Woodland

Land Returned

fromFarming to Forest

Fish Pond

Othercollective

Land Residential

LotNumber of

Households Population

Ganzi 3.17 2.8 0.37 8 32 Ouying 28.06 20.3 4.54 3.22 191 850 Caotang

Town Linzheng 26.47 12.05 4.39 2.23 7.8 84 292

Daya 11.26 6.87 2.63 1.76 113 438 Jiutai 5.74 2.48 1.42 1 0.84 44 147 Hongtu

Township Taiyang 21.2 17.05 1 3.15 228 912 Dawo 28.2 26 2.2 65 223 Goujia 6.2 5.89 0.31 215 955 Zhubai 5.08 2.74 2.34 27 139

Qinglong Town

Hongyang 18.82 12.7 6.12 83 329 Tuxiang

Town Yanzi 44.3 18.3 21.45 2.13 2.42 204 770

Total 198.5 79.85 34.43 47.33 2 6.56 28.33 1262 5086

2.1.2 Land to be temporarily occupied

14. The land to be temporarily occupied in this component is 86.1mu, including 31.44mu cultivated land, 45mu land returned from farming to forest and 9.66mu other collective land. There are 280 households (1,022 persons) affected. The land to be temporarily occupied is for piling building material such as stones and sands during road construction. The net income for the farmland would be CNY750/mu, and the total income loss for two years’ land occupation would be CNY1500/mu, and net income for woodland is CNY900/mu, and see details in Table 2-2.


Table 2-2. Land to be temporarily occupied

Rural Collective Land to be Temporarily Acquired Component-affected Population

Town / Township Village Subtotal Cultivated

Land

Land Returned

fromFarming to

Forest

OtherCollective

Land Number of

Households Population

Ouying 2.05 2.05 10 37 Linzheng 6.94 5.21 1.73 37 141 Caotang Town

Daya 4.78 3.21 1.57 20 76 Jiutai 2.48 2.48 17 62

Taiyang 6.19 6.19 40 152 Hongtu Township Dawo 9.45 9.45 20 76 Goujia 12.01 9.78 2.23 50 190 Zhubai 1.48 1.48 6 23

Hongyang 12.3 12.3 32 120 Qinglong Town

Yanzi 28.42 12.3 11.99 4.13 48 182 Tuxiang Town Total 86.1 31.44 45 9.66 280 1022

2.1.3 Impact assessment of Acquisition of Collective Land

15. The impact caused by the permanent land acquisition is very limited in view of the area shared by each of the households affected. For 60% of the affected households, the area of land acquired accounts for less than 10% of their total area of farmland; for 32% of those households affected, the area acquired accounts for some what between 10-20% and for 2% of the households affected, the area acquired accounts for some what between 30-40%. Only for 5 households, the area acquired accounts for 40-50% of their total area of land. (See Table 2-3).

Table 2-3. Impact Assessment of Permanent Land Acquisition Land Loss Proportion of Land-acquired Peasant

(household) Town /

Township

Residents’ Committee/

VillageCommittee <10% 10%-20% 20%-30% 30%-40% 40%-50% Total

Ganzi Village 10 0 0 0 0 10 Ouying Village 119 81 0 0 0 200

Caotang Town Linzheng

Village 20 80 0 0 0 100 Daya Village 66 35 10 5 0 116 Jiutai Village 13 41 12 8 2 76

Hongtu Township

Taiyang Village 115 62 40 20 3 240 Dawo

Community 65 0 0 0 0 65 Goujia

Community 176 38 0 0 0 214 Zhubai Village 5 13 9 0 0 27

Qinglong Town Hongyang

Village 23 80 0 0 0 103 Tuxiang Town Yanzi Village 203 5 0 0 0 208

Total 815 435 71 33 5 1329 Proportion 60% 32% 5% 2% 1% 100%

2.2 Affected Buildings and Attachments

16. The area of houses to be demolished in this component is 7,047m2, including brick-concrete structure of 1,870m2 and brick-wood structure of 4,362m2. House demolition involves 4 townships, 1 community and 1 village, impacting 113 households (450 persons). The


attachments to buildings in this road extension include wells, yards and sties etc. on both sides of the road. See Table 2-4 for details.

Table 2-4. Component-affected Residential Houses and Ancillary Buildings

House Area (m2) Attachments to Buildings Township (Town) Village

Number of Household

s

Numberof

Family Member

sTotal

Brick-concrete structure

Brick-wood

structure Wells

Courtand yard

Sty

Ganzi 2 8 200 180 20 Ouying 14 62 750 750 Caotang

Town Linzheng 26 91 1460 100 1210 150

Daya 6 24 546 280 150 1 100 15 Jiutai 4 13 350 110 240 Hongtu

Township Taiyang 17 68 916 360 540 16 Goujia 2 9 210 210 Zhubai 9 46 863 330 380 1 120 32 Qinglong

Town Hongyang 25 99 1222 510 502 210

Tuxiang Town Yanzi 8 30 533 380 1 140 12

Total 113 450 7047 1870 4362 3 720 95

2.2.2 Analysis of Impact on House Demolition 17. According to the field investigation and consultation with the village committee/community, in 113 households affected by the demolition, for 45 households 100% areas of their houses will be demolished and have to relocate, of which, only Wang Caixue, the villager of Village Group 10, Linzheng Village, Caotang Town has another residential house and Tu Wanping, the villager of Village Group 12, Daya Village, Hongtu Township, lives in Huizhou City, Guangzhou Province with his/her families, thus the impact on them is relatively small. There are 68 households who are affected slightly as no more than 20% areas of their houses will be demolished.

2.3 Affected vulnerable Groups

18. The vulnerable groups refer to those individuals and their families whose living conditions can’t reach the basic standard acceptable by the society. They can’t change current vulnerable status by their own. They are those who need help and support of others or even need to be assisted. The vulnerable groups mainly include children, the elderly, the disabled, psychotic patient, unemployed persons, the impoverished, laid-off workers, the relived, migrant workers, the non-formal employed and those in the vulnerable status in the employment. According to the component impact investigation in June 2009, the vulnerable groups include 18 households and most of them are the disabled, the impoverished and the households enjoying five guarantees, and there are no women-headed households. There are 13 disabled in 13 households, 2 persons enjoying five guarantees in 2 households and 5 persons impoverished in 3 households. The vulnerable households will enjoy the government subsidy. The latest subsidy standards in 2009 are CNY 142/month for persons enjoying the five guarantees, CNY 50 - 60/month for the lowest survival support and CNY 70 - 100 for the impoverished households at the end of year. See Table 2-5 for details of the component-affected vulnerable groups.


Table 2-5. Affected Vulnerable Group

No. Householder Name Address

Numberof Family Members

Number of the

VulnerablePersons

GenderAge of the Vulnerable

Person Classification

Enjoying Governmental

Subsidy or Not

1 Chen Shengxiu

Village Group 4, Ouying Village, Caotang Town

3 1 Male 60 The disabled Yes

2 Xu Dehai Village Group 13, Ouying Village, Caotang Town

4 1 Female 38 The disabled Yes

3 Wang Diping Village Group 3, Linzheng Village, Caotang Town


4 Li Xianshou Village Group 3, Linzheng Village, Caotang Town

1 1 Male 68 Enjoying the

five guarantees

Yes

5 Zhou Guangrong

Village Group 3, Linzheng Village, Caotang Town

1 1 Male 72 Enjoying the

five guarantees

Yes

6 Wang Zhiming

Village Group 3, Daya Village,

Hongtu Township 4 1 Male 50 The disabled Yes

7 Tian Dexiu Village Group 12,

Daya Village, Hongtu Township

2 2 Male 62 The impoverished Yes

8 Zhang Youguo

Village Group 2, Taiyang Village,

Hongtu Township 2 2 Male 56 The

impoverished Yes

9 Cai Huacheng



10 Zhang Xiaoquan



11 Zhang Dejun Village Group 4, Taiyang Village,

Hongtu Township 2 1 Female 61 The disabled Yes

12 Long Xuefu Village Group 6, Taiyang Village,


13 Chen Xuantao



14 Long Qizhi Village Group 10, Taiyang Village,

Hongtu Township 1 1 Female 74 The

impoverished Yes

15 Long Xueyong


Hongtu Township 4 1 Female 12 The disabled Yes

16 Wang Jinbing Village Group 2,

Dawo Community, Qinglong Town


17 Huang Faming

Village Group 1, Hongyang Village,

Qinglong Town 3 1 Male 27 The disabled Yes

18 Ding Zhangzhu

Village Group 1, Hongyang Village,

Qinglong Town 4 1 Male 61 The disabled Yes

Total 53 20

2.4 Affected Ground Attachments

19. The affected grounding attachments include utility poles, trees and graves etc, which involved in 11 villages (see Table 2-6). The utility pole is owned by the power bureau, the fruit


trees are owned by the dwelling households (for self consumption) and the scattered trees on both sides of the road are owned collectively by the village committee.

Table 2-6. Affected Grounding Attachments Township (Town) Component-affected

VillageFruit

Trees(unit) Scattered

Trees(unit) Wire Pole

(unit) Grave (unit)

Ganzi 3 0 0 Ouying 2 25 0 1 Caotang Town

Linzheng 4 10 0 0 Daya 6 22 0 0 Jiutai 10 0 0 Hongtu Township

Taiyang 2 30 0 0 Dawo 1 2 Goujia 15 0 0 Zhubai 2 20 0 0

Qinglong Town

Hongyang 5 33 0 1 Tuxiang Town Yanzi 14 30 0 2

Total 38 195 1 6


3 Socioeconomic Baseline

3.1 Economic Conditions of Fengjie County 20. Fengjie County is located in the northeast of Chongqing, neighboring Wushan County in the east, Enshi City of Hubei Province in the south, Yunyang County in the west and Wuxi County in the north. It is 500km away from urban County of Chongqing, and administers 30 townships, 363 administrative villages and 23 residents’ committee. By the end of 2008, the population of the county is 1.04 million with male population of 540,000 persons, accounting for 51.9% and female population of 500,000 persons, accounting for 48.1%. The area of land cultivated is 58,933 ha. and with a per-capita land area of 0.85mu.

21. The economy in the northeast of Chongqing city lags behind the municipal economic development. Fengjie County is even a county with less-developed economy in the northeast of Chongqing city. The Gross National Product of Fengjie County ranked 25th among 40 Countys and counties in Chongqing and 6th among all counties in the northeast of Chongqing (11 Countys and counties) in 2007. In 2007, the Gross National Product (GDP) of the county is CNY 6.2 billion. The proportions of the three industries are adjusted into 25.5:37.0:37.5 from 26.9:36.2:36.9 in 2006, with the contribution proportions to the economy of 7.9%, 63.4% and 28.7%. The per capita GDP is CNY 6,624 based on the permanent population. The comparison of per capita net income and per capita GDP economic indicator of Fengjie County is listed (See Table3-1). In 2008, the per capita net income of rural residents in Fengjie County accounts for 90.3% of the average level of northeast of Chongqing, and 77.4% of the average level of Chongqing Municipality, and 65.6% of the national average level. The per capita GDP of Fengjie County is slightly lower than the average level of northeast of Chongqing, accounting for 45.2% of the average level of Chongqing Municipality and 35% of national average level.

Table 3-1. Comparison of Economic Indicators (2008) Peasants’ Net Income Per Capita Per Capita GDP

Peasants’ Net Income Per Capita

Proportion of Fengjie County (%)

Per Capita GDP (CNY)

Proportion of Fengjie County (%)

China 4140 65.6 18934 35.0 Chongqing Municipality 3509 77.4 14660 45.2

Northeast of Chongqing 3008 90.3 6765 97.9

Fengjie County 2717 100 6624 100 Source: Chongqing statistical yearbook of 2008 3.2 Current Socio-economic Conditions of affected Townships 22. This component involves 11 villages of 4 townships including Caotang Town, Hongtu Township, Qinglong Town and Tuxiang Town. See Table 3-2 for details.

Table 3-2. Basic Information of Affected Townships Proportion of the Three Industries

Township Population at Year End (persons)

Area of Cultivated

Land (mu)

GrainOutput

(t)

RuralTotal

Economic Income(million

CNY)

Peasant Net

IncomePer

Capita(CNY)

Primary Industry

Secondary Industry

Tertiary Industry

Caotang Town 38830 37698 19415 89.27 2299 50% 14% 36%

Hongtu Township 28000 28000 12600 58.97 2106 45% 21% 34% Qinglong

Town 29416 25050 12060 67.66 2300 40% 25% 35% Tuxiang

Town 52000 45240 22360 126.46 2432 49% 11% 40% Data source: Fengjie County Statistical yearbook of, 2008.


23. From the above table, the per capita net income of the peasants in the 4 affected towns is between CNY 2,100 and CNY 2,500. In 2007, the per capita net income of the peasants in Fengjie County is CNY 2,717 and the net income of peasants in 4 townships is lower than this average level. The per capita area of cultivated land of the 4 towns varies within 0.85-1mu. The per capita area of cultivated land of Qinglong Town is 0.85mu, the lowest and that the highest one of Hongtu Township is 1mu. According to the data of three industries of the 4 townships, the total production output of the 4 townships is mainly depended on the primary industry. The tertiary industry of Tuxiang Town contributes 40% of the total production output, with highest proportion in the 4 townships. The tourism industry is the key contributor to the total output of Tuxiang Township.

3.3 Basic Information of the affected Villages 24. The population of 11 affected villages is 30,459, including agricultural population of 27,498, accounting for 90.28%. The impoverished population accounts for 15%. See Table 3-3 for the basic information of affected villages.

Table 3-3 Basic Information of Affected Villages

Township

Residents’ Committee/

VillageCommittee

Total Number of Household (household)

Total Population

(person)

Agricultural Population

(person)

Total Number of

Impoverished Household

(household)

Impoverished Population

(person)

Peasant Net Income Per

Capita (CNY)

Ganzi 736 3618 3618 51 250 2150 Ouying 835 3146 3146 103 388 2150 Caotang Town

Linzheng 479 2021 2021 112 472 2220 Daya 806 3176 3140 120 470 3200 Jiutai 488 1830 1830 130 480 3350 Hongtu

Township Taiyang 1010 4100 3390 143 580 3000 Dawo 752 2987 1389 47 186 3217 Goujia 553 2530 2010 73 334 3204 Zhubai 623 2206 2196 106 375 3272

Qinglong Town

Hongyang 617 2317 2230 91 342 3050 Tuxiang Town Yanzi 628 2528 2528 172 692 3100

Total 7527 30459 27498 1148 4569

3.4 Socioeconomic Situations Survey 25. To further master the socioeconomic baseline of the project area and the affected people, 4 persons from the RP preparation institute conducted the socioeconomic survey in the project area under coordination of the project IA in June 2009. The main purposes of the investigation include: (1) collecting social economic information about the affected persons who may lose their land or property due to the project and (2) knowing what the affected people think of land acquisition and livelihood restoration and what they expect in such issues.

26. Questionnaire survey and interview are adopted for the investigation to make sampling investigation on those who will be affected by the permanent land acquisition in 4 townships, 1 community and 10 villages. The investigation covered 284 households, accounting for 21.37% of the affected households. See Table 3-4 for details of the sampling investigation.


Table 3-4. Villages and Households Investigated

Township Village Number of

Component-affected Household

(household)

Number of Households Investigated (household)

Sampling Proportion (%)

Caotang Town Ganzi 10 3 30.00% Ouying 200 40 20.00% Linzheng 100 20 20.00%

Hongtu Township Daya 116 30 25.86%

Jiutai 45 9 20.00% Taiyang 240 55 22.92%

Qinglong Town Dawo 65 15 23.08% Goujia 215 40 18.60% Zhubai 27 10 37.04% Hongyang 103 20 19.42%

Tuxiang Town Yanzi 208 42 20.19% Total 1329 284 21.37%

3.5 Socioeconomic Situations Conditions of the APs 3.5.1 Demographics features of Persons Surveyed

Gender27. This investigation covers 284 households (1,081 persons) in total, including 284 rural households and no urban residents included. In the families investigated, the female population is 522, accounting for 48.29% and the male population is 559, accounting for 51.71%. There are 783 rural labor forces, accounting for 72.4%, including female labor force of 368 persons, accounting for 46.99%.

Age 28. In the 284 households (1,081 persons) investigated, 216 persons within 0–19 years old, accounting for 23.4%, 533 persons within 20–50 years old, accounting for 49.3% and 117 persons are over 60 years old, accounting for 10.8%.

Working Conditions of Labor Force 29. It is common that villagers go out for off-farm work in the component-affected townships. 192 persons are in other provinces for off-farm work perennially (continuous working over one year outside the township), accounting for 24.5%. Most of them are middle-aged and young within 20–35 years old. It is common that young couples go out together for off-farm work, accounting for over half of the migrant workers. 545 persons stay home for farm work, accounting for 69.6% of the labor force. Most of them are over 40 years old and 2/3 of them are women who bear some farm work and take care of the elderly and children at home.

Education Background 30. In the persons investigated, there are 19 illiterates who are all the elderly over 50 years old, including 7 men and 12 women, and accounting for 1.8%, 416 persons with primary education, accounting for 38.5%, 495 persons with junior high school education, accounting for 45.8%, 101 persons with education of senior high school, secondary specialized school and technical school, accounting for 9.3% and 10 persons with junior college and higher education, accounting for 0.9%.

3.5.2 Land Possession 31. By consulting Fengjie Land Resources Bureau (LRB), leaders and officials from the affected townships and villages, it is known that the collectively owned land in Fengjie County were allocated the second time in 2005 after the first time in 1982-1983. Since then, the land has


not been reallocated. According to the Land Administration Law of the People’s Republic of China, Fengjie County Government (FDG) encourages rural residents affected by the project to become urban residents. In the project area, the average area of farmland is 0.92mu per person (See Table 3-5).

Table 3-5. Cultivated Land Possession Per Capita of Affected Community Cultivated Land Per Capita

Township Village (mu) Ganzi 1.10

Ouying 1.21 Caotang Town Linzheng 0.91

Daya 1.05 Jiutai 0.95

Hongtu Township

Taiyang 1.00 Dawo 0.79 Goujia 0.87 Zhubai 0.85

Qinglong Town

Hongyang 0.89 Tuxiang Town Yanzi 0.87

Average 0.92

3.5.3 House Possession 32. The village groups of Dawo Community, Qinglong Town are not involved in the house demolition. The per household residential area of surveyed AP households in the component-affected village groups is 119.15m2, with the maximum area of 250m2 and the minimum area of 40m2. See Table 3-6 for details.

Table 3-6. Housing Conditions of the Household Investigated (Unit: m2/household)

Township/ Town Village Household Investigated

Total Area of Houses

(m2) Maximum

Area Minimum

Area Average

Area

Ganzi 1 250 250 250 250 Ouying 5 578 220 75 115.5 Caotang Town

Linzheng 8 930 240 50 116.25 Daya 5 450 120 60 90 Jiutai 2 210 150 60 105 Hongtu Township

Taiyang 7 880 180 90 125.71 Goujia 1 115 115 115 115 Zhubai 5 484 170 40 96.7 Qinglong Town

Hongyang 9 1219 240 90 135.5 Tuxiang Town Yanzi 3 365 160 80 121.7

Total 46 5481 250 40 119.15

3.5.4 Main Economic Activities Agriculture

33. The major crops grown in the project area include rice, corn, potato, sweet potato, oil plant and vegetable and major animals raised include pigs, castles, sheep, poultry and fish. Apart from conventional agriculture, cash cropping is also carried out such as the growing of tobacco, navel oranges, cotton, walnuts, and silkworm farming.

Non-agriculture 34. In the economic structure of the project area, migrant labor plays a major role according to the leaders of the affected villages interviewed. Migrant labor constitutes also an important part of the family income for the local rural residents. Of 10 villages in 4 townships of the project


area, 3959 families have members working out of the village, accounting for 52.8% of the total number of rural households. In some families, all the members are migrant labor. Their major occupations cover restaurant operation, retailing and private business. See details in Table 3-7.

Table 3-7. Non-agricultural Activities

Going Out for Off-farm Work Secondary Industry and

Employment Scale

Township VillageTotal

Number of Household

Proportion of Those Going Out for Off-farm Work

Female Proportion

in the MigrantWorkers

TendencyWorker from

Other Places in the County

Job

Ganzi 736 20% 80% 100 Business Ouying 835 70% 60% Caotang

Town Linzheng 479 70% 55%

Daya 806 60% 38% 860

Construction and

handicraft industry

Jiutai 488 60% 30%

Hongtu Township

Taiyang 1010 40% 29%

Decreasing due to

financial crisis

Dawo 752 7% 65% 348 Coal mining

Goujia 553 75% 60% 498 Light

industry Zhubai 623 40% 18% 30

Borehole operation

Qinglong Town

Hongyang 617 90% 20% Tuxiang

Town Yanzi 628 70% 60%

Decreasing due to

financial crisis

35. As for the tertiary industry, there are 6 self-employed persons in Daya Village, Hongtu Township, 9 self-employed persons in Taiyang Village, Hongtu Township and 28 stores of automobile repair, motorcycle repair, catering and retail in Dawo Community, Qinglong Town.

3.5.5 Financial Status Income

36. The survey team surveyed especially the income status of the local residents including farming, migrant labor, doing business and wages. The total income of 284 households is CNY 6,941,244. The total agricultural income is CNY 1,005,644 (including the part for self consuming), accounting for 14% of the family income, including total agricultural sales income of CNY 400, accounting for 2% of the total agricultural income, indicating that the agricultural products are mainly for self consuming and only little sold. The annual sideline production income is CNY 9,900 in total (including the part for self consuming), accounting for 41% of the annual family income, including annual sideline sales income of CNY 3,500, and accounting for 14% of the total sideline income. The income of off-farm work is CNY 8,300, accounting for 34% of the family income. Other incomes are CNY 2,512, accounting for 11% of family income. According to these data, the main income of local household is sideline production and off-farm work, accounting for 86% in total. The following table shows the income of village leader, teacher and those who are engaged in transportation service industry (accounting for 49% of the income). The income of subsidy for the impoverished, business and agricultural machinery accounts for 36%. And other income accounts for 15% of family income. See Table 3-8 for the overall income portfolio of 284 households.


Table 3-8. Overall Income structure of Households

Item Total (CNY)

Average Income per Household

(CNY/household. year)

Per Capita Income (CNY/person.year)

IncomePortfolio

Proportion per

Household agricultural production income

1005644 3541 930.29 14%

Where: total agricultural sales income

113600 400 105.09 2%

Sideline production income 2811600 9900 2600.93 41% Where: sideline sales income

994000 3500 919.52 14%

non-agricultural production income

3124000

11000

2889.92

45%

Where: income from off-farm work

2357200 8300 2180.57 34%

Income from store 113600 400 105.09 2%

Annual income

of a family

Others 599808 2112 554.86 9% Total 6941244 24441 6421.13 --

Data source: sampling investigation of socioeconomic conditions in May 2009.

Distribution of Net Income37. See Table 3-9 for the income distribution of the households investigated.

Table 3-9. 2008 Net Income Distribution of the Households Investigated Net Income (CNY/person.

year) < 1000 1000-1500 1500-2000 2001-3000 3001-4000 Above 4000

Proportion (%) 10% 28% 17% 25% 15% 5%

38. The above table shows that 55% households’ per capita annual net income is lower than CNY 2,001, lower than the average level of township/town. 10% households’ per capita annual net income is lower than CNY 1,000. Within the households with per capita net income lower than CNY 1,000, 2 households are the impoverished, 10 persons are the disabled or with serious disease, which have certain impact on the household income of labor force.

3.5.6 Women’s Roles 39. As shown in Table 3-10, in terms of employment, in the five employment support options, men have stronger willingness of employment than women. 20% male interviewees hope to have the opportunities of special skill training with the gender proportion difference of 12%. 32% male interviewees hope to have jobs with the gender proportion difference of 21%. 19% male interviewed hopes to be provided with small loans with the gender proportion difference of 14%. These data coincide with the fact that women tend to do housework and farm work.

Table 3-10. Expectations towards Employment Male (N=220) Female (N=64) Employment Support

Yes No Yes No 1. Special skill training 20% 80% 8% 92% 2. Employment information 7% 93% 3% 97% 3. Job 32% 68% 11% 89% 4. Small loan 19% 81% 5% 95% 5. Others 0% 100% 0% 100%


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4 Public Participation and Information Disclosure

4.1 Public Participation Plan 40. In compliance with the ADB’s policies, Chinese national and Chongqing municipal policies on land acquisition and resettlement, during the preparation and implementation of the RP, great attention has to be paid to the participation of and consultation with the APs in order to protect their legitimate rights and interests. The purpose is to minimize the adverse impacts caused by the project and to develop rules for implementation of the policies related to resettlement caused by project.

41. In view of the actual situation of the project, public participation will be conducted at the following three stages:

� Stage 1—Preparation of the project Feasibility Study Report and Land Acquisition and Resettlement Plan: At this stage, personnel will be dispatched to consult the organizations involved to get their views about land acquisition to be used as the basis for subsequent design and implementation and this is especially the case with those in the project area; brief the residents in the project area about the project, get a knowledge of the potential affected persons’ demands and expectations, discus the possible impact of the project, explore the possibility of optimizing the project design, policies on compensation and possible resettlement plan. These tasks have been finished at the time when this report is prepared.

� Stage 2—Before work on land acquisition and resettlement is started, meetings will be held with all the affected persons to hear their opinions about land acquisition and resettlement. During this period, copies of the Resettlement Information Booklet (RIB) containing basic information about the project, its impact and policies on compensation and procedure for lodging complaints and grievances will be distributed to the affected households.

� Stage 3—During RP implementation of the project, community survey will be conducted on a period basis to get information about how the compensation is paid and the livelihood is restored. During the monitoring period, the monitoring agency should check how many copies of the information booklet have been given out and assess the effect.

4.2 Public Participation at Current Stage

42. To get knowledge of the impact of the project and socioeconomic baseline of the affected persons and meet the ADB’s requirements, the project IA and RP preparation institutions conduct a sampled survey of the AP households and rural collective economic organizations in the project area. The survey team interviewed the local residents and representatives of the rural collective economic organizations, municipal land resources agency and social groups (including women, vulnerable group and aged people) and collected their opinions of and comments on land acquisition and resettlement. To summarize, the following activities have been completed: community meetings, group interview with APs, and socio-economic sample survey for affected households, interviews with village leaders and discussion with an estimated number of 104 affected people and relevant government officials (See table 4-1).


20

Table 4-1. Interview Information Records The

interviewed Date Location Main contents Focused issues or suggestions

Development and Reform Commission

2009.6

Fengjie County Development and

Reform Commission

Understanding of relevant information such as backgrounds,

contents and scales of the component

The component should be implemented in

accordance with laws and regulations.

Administration of Land,

Resources and Housing

2009.6

Fengjie County Administration of Land, Resources

and Housing

Understanding of relevant policies such as land acquisition policies,

compensation standards, administrative fees, secondary

reclamation fee for land temporarily occupied

The land acquisition and compensation of the

component should comply with laws and regulations

and the compensation should be fair and

transparent.

Employment Bureau 2009.6

Fengjie County Bureau of

Employment and Social Security

Understanding of relevant policies on reemployment and training for

migrant workers in Fengjie County.

Training in skills should be provided free of charge;

Transport Commission 2009.6

Fengjie County Transport

Commission

Information about relevant backgrounds of the road component in Fengjie County, status quo and construction of rural roads in the

county, and scales and lines of the component

The implementation agency should be urged to

minimize impacts of the component.

Township government 2009.6

All Township governments

affected by the component in

Fengjie County

Basic information of general conditions of the component,

annual statistics reports, obtain situations of local roads

They hope the component will be commenced as

early as possible.

Leaders of villages and communities

2009.6

Village committees affected in Fengjie County, affected

people, villagers**

Introduction of general conditions of the component, economic status

and road status of the village.

Compensation for land acquisition should be fairly done in accordance with

policies.

Representative of villagers 2009.6

Village committees affected in Fengjie County, affected

people, villagers**

Introduction of general conditions of the component, expectations and

demands of villagers

The compensation for land acquisition should be fair,

reasonable and transparent.

**A total of 104 Affected households were consulted.

4.3 Information Disclosure Plan of Next Stage

43. Notwithstanding the amount of public consultation already carried out, the EA/IA and local government fully accept that additional consultation meetings will be required after the PPTA mission and during the implementation of the resettlement and land acquisition process. The principal activities to be undertaken are: (1) Publication and dissemination of a Resettlement Booklet (see Annex 1), in standard Chinese, summarizing the policies, entitlements, compensation standards and rates, grievance procedures and resettlement/ land acquisition program; (2) Formal CRC/village meetings to ratify the options relating to compensation disbursement and utilization; (3) Detailed Measurement Survey (DMS) in the field to measure and agree the final requirements for land, property and other acquisition. See table 4-2 contains a schedule and activity of the consultation plan.


21

Table 4-2. Consultation and Participation Plan of Next Stage Purpose of

Event Tasks Timing Implementation Agency Participants Remark

1. Publicizing of RP program

Resettlement Information Booklet (RIB)

2010.3-4

IA, County and township resettlement agencies

All APs

2. Disclosure of final RP

Distribution of Chinese version of RP

2010.3-4 IA, County and township government

All APs Distribution of final RP to all affected villages

3. Conduct Detailed DMS

Face to face meetings with APs

2010.5-6

IA,LBR, Resettlement officials at County and township levels, village leaders

All APs

1)inventory of all assets all assets and land holdings; 2)creation of definitive list of APs; 3)prepare basis for household compensation contracts

4. Village level RP finalization and implementation

Village meetings 2011.6-8

County and township level resettlement offices and village leaders, LBR officials

All APs

1)finalization of compensation utilization options in each village; 2)discussions of and decisions on who will be urbanized and how to invest/use compensation funds

4.4 Complaints and Grievances 44. To ensure the complaints on land acquisition, resettlement and compensation raised by the affected people are handled openly, fairly and quickly and prevent them from being forced to express their dissatisfaction or complaints through complicated formal channels, the project owner has designed a procedure for the affected people to lodge their complaints and grievances about the project. The procedure is shown in Figure 4-1 below.

Figure 4-1. Complaint Addressing Procedure

Stage 1: .If the APs are dissatisfied with the RP, they can make oral or written complaints to village committee. The village committee will make written record if the complaint is made orally and deal with it within two weeks.

Stage 2: If the APs are still dissatisfied with the handling decision for stage 1, they can make complaints to County government after receiving the decision and the government shall make handling decision within two weeks.

Stage 3: If the APs are still dissatisfied with the handling decision of the county government, they can make complaints to Fengjie County Administration of Land, Resources and Housing after receiving the decision according to relevant municipal laws and regulations. The administrative shall make arbitration decision within 30 days.

Stage 4: If the APs are still dissatisfied with the handling decision of Fengjie County Administration of Land, Resources and Housing, they can apply for administrative reconsideration to the county people’s government of after receiving the decision, or file litigation to the civil court according to the code of civil law within three months.


22

45. The names, addresses, responsible persons and telephone numbers of the above agencies will be disclosed to the affected persons by public conferences, announcements, information booklets, etc. The resettlement institution should make the affected people aware of their right to lodge complaints and grievances. The above procedure remains valid throughout the project construction period so that the affected people can use it to report their problems to the project management agency and have their problems discussed and solved in a timely, effective manner.


23

5 Legal Framework and Resettlement Policy

5.1 Resettlement Principles 46. Preparation The PRC has established and carried out laws, regulations, and policies on resettlement and compensation for many infrastructure projects. This Project will follow the related Chinese laws, national and provincial regulations and local by-laws and policies, and also include comments and suggestions from APs, and meanwhile meet the requirement of ADB policy on involuntary resettlement (November, 1995).

47. The resettlement principles established for the Project are:

� land acquisition and involuntary resettlement should be avoided or minimized where feasible by developing and comparing a series of design alternatives;

� compensation and entitlements provided are based at replacement costs and must be adequate to allow those affected to at least maintain their pre-project standard of living, with the prospect of improvement;

� the land temporarily occupied and the period of disruption are to be kept to a minimum;

� all APs, legal and illegal, are to be taken into consideration and accounted for;

� the per capita landholding after land acquisition will be sufficient to maintain the previous livelihood standards;

� where land allocation per capita is not sufficient to maintain the previous livelihood standards, other income-generating activities will be provided for;

� a preferential policy will be provided to vulnerable groups in such things as compensation, payment of special fund, minimum living guarantee, and employment;

� all APs will be adequately informed about eligibility, compensation rates and standards, livelihood and income restoration plans, and project timing;

� close monitoring and timely actions will be carried out to identify and resolve any problems.

5.2 Compensation Policies for the Project

48. Since local regulations and by-laws cannot be in conflict with those of upper levels, the compensation policies and rates of this project are determined based on the full negotiation of and consultation with the local LRB, labor and social security bureau, the affected towns/townships, and the representatives of affected farmers, which is based on:

� Land Administration Law of PRC (28 August 2004 revised version) and its related regulations;

� Regulations on Land Administration of Chongqing Municipality (CMG No.53 document, 1 January 1999);

� Measures of Chongqing Municipality for Land Acquisition, Compensation and Resettlement (CMG No.55 document, 1 January 1999);

� The circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land Acquisition, Compensation and Resettlement (YFF [2008] 45),

� Circular of Chongqing Fengjie County People’s Government on Printing and Distributing Methods of Fengjie County for Relocation, Compensation and Resettlement for Land Acquisition (FJFF [2008] No. 60)

� ADB's Policy on Involuntary Resettlement.


24

5.3 Compensation Principles and Standards 5.3.1 Compensation Principles

� Lost property should be compensated based on the principle of replacement cost;

� The property is compensated in line with the principal of resettlement. Compensation fees are paid before land acquisition;

� Training and assistance and employment opportunities should be provided to the APs to maintain their living level;

� The compensation for the crops, green seedlings, trees and attachments are paid according to market prices;

� Management of construction should be strengthened to reduce the construction period and adverse impacts;

� Compensation funds for resettlement subsidies will be given to affected labor force with which they can continue the existing work after they get subsidies or they can develop individual business.

5.3.2 Methodology of evaluation on compensation rates 49. Before discussing the compensation standards for land acquisition and resettlement, it is necessary to explain the methodology of how the compensation standards are formulated. To do this, a precondition is to introduce the background of useful documents to be applied in this Project:

� Measures of Chongqing Municipality for Land Acquisition, Compensation and Resettlement (CMG No.55 document, 1 January 1999);

� The circular from the People's Government of Chongqing Municipality on Issues Regarding adjusting the Policy of Land Acquisition, Compensation and Resettlement (CMG [2008] 45).

50. The CMG No. 55 documents were in effective on 1 January 1999 following the Regulations on the Implementation of the Land Administration Law of PRC (1998), which stipulated detailed compensation and resettlement measures including the disbursement channels of compensation for land loss—exactly refer to the Article No.26 of the above mentioned PRC regulations. In addition, No. 55 document also stipulated the organizational arrangement for the implementation and management of land acquisition and resettlement. With time being, the compensation rates have been updated in another document called CMG [2005] No.67. However, this document was annulled by a latest CMG [2008] No.45 document which paid a more attention on the APs who will be urbanized after land loss. With updated compensation rates in the latest document, there is no detailed description on the compensation and resettlement of non-urbanized APs after land loss.

51. Considering the incompleteness of each of the two documents—outdated compensation rates in Document No. 55 and the silence on non-urbanized APs after land loss, a compromised measure has been adopted. Evidently, the compensation principles and the methodology for calculating compensation rates remains valid in CMG No. 55 document although a new document CMG [2008] No. 45 was issued following China State Council [2004] No. 28 document and [2006] No.31 documents. On the other hand, the latter CMG [2008] No.45 has stipulated a most updated compensation rate particularly for the resettlement subsidies due to land acquisition. Under this situation, after extensive discussions among CQPMO, local county/County officials, a consensus has been reached that both of the documents will apply to this Project.

52. Firstly, an equitable platform should be established for all land loss APs. It means that the CMG [1999] No.55 will be applied for all APs in terms of calculation of the compensation standards based on the average annual out put value (AAOV) of the previous three years of the land to be lost. Excepting the compensation for standing crops and land attachments, the sum of


25

land compensation fee and resettlement should be at least 10 times of AAOV while the upper limit is generally 30 times of AAOV. But in case the compensation of 30 times AAOV is still not enough to rehabilitate the livelihood and income levels of land losers, then after CMG approval, the multiplier can be increased. Under this situation, the median multiplier between 10 and 30 is 20. Therefore, it is determined that for this Project, the land compensation fee and resettlement subsidy should be summed at least 20 times of AAOV. Given the AAOV of each project county/County, this multiplier is considered adequate for the land loss compensation, which not only consented by local project county/County officials, but also coincides with the remaining 20 years of PRC second round rural land contract. It means that APs will be paid at 20 years of output value rather than net income due to the respective land loss with in the existing contract term.

53. Secondly, the per capita landholdings in the project area vary significantly, thus for those land scare area, the compensation for the land scarce area will be increased. And the APs who choose “urbanized” option should change their livelihood rather than farming, the compensation for their basic social insurance should be increased. The increased amount can be determined based on the CMG No. 45 document.

54. Therefore, with the above policies, all the APs with land loss can be compensated fairly either with “urbanized” or non-urbanized choices. In other words, those APs who chose non-urbanized option due to little land loss, they can be compensated based on CMG [1999] No.55 document and those who choose to be “urbanized” and the CMG [2008] No. 45 document will apply. In Fengjie County, FCG [2008] No. 60 documents following CMG No. 45 document will apply both for the urbanized APs and for the compensation of cropping and land attachment compensation.

5.3.3 Applicable Compensation Standards 55. Based on the Project compensation policy determined in Fengjie County, the total land compensation (including land compensation fee and resettlement subsidy) for farmland is CNY39,000/mu, while for non-farmland the total compensation is CNY19,500/mu. The AAOV of farmland in the areas is about CNY1500. The total compensation standard of farmland is calculated at 26 times of the AAOV (no less than 20 times of compensation standard). 56. Additional compensation of CNY10, 400 per mu of the total acquired land will be paid for the insurance of urbanized people, which will be transferred through the Fengjie County LRB to the Labor and Social Security Bureau. According to CMG [2008] No. 45 and FCG [2008] No.60, if someone chose to be urbanized, he has to pay 50% of the endowment insurance while the other 50% is subsidized by the CMG. 57. According to FCG [2008] No. 60 documents, the compensation standards for crops are CNY900/mu and for vegetable related land loss is CNY1400/mu, and this project conduct the standard of CNY1200/mu through negotiation. The compensation for the crops of temporary land occupation shall be calculated for a term of 2 years, which is determined by the project construction duration. The compensation rates were formulated based on the extensive survey and consultation with local APs, and the rates are calculated based on the replacement cost. Since the average annual net income from farmland is about CNY750/mu, the compensation rate is higher than the net income loss from those lands, thus they are considered adequate. 58. Land attachments in the Project contains houses, enclosure wall, dam field, water pool, water pipe, power poles, fruit trees and miscellaneous trees. The compensation standards for the affected land attachments in the Project will direct follow those stipulated in FCG [2008] No. 60 document. 59. Demolition subsidy fee include subsidy for moving house, demolition and resettlement transition, and relocation subsidy. Subsidy for moving house is based on households and one-off 500 CNY for family with 3 persons and below, and one more person CNY100 added, but


26

totally no more than CNY1000. Subsidy for demolition and resettlement transition is one-off CNY600 per person. Relocation subsidy is one-off CNY500 per person.

Table 5-1. Compensation Rates for Acquisition of Collective Land and Attachments

No. Item Unit Standard

ofFengjie County

Standard of

project Remarks

I. Standard for permanent land acquisition

1 Land compensation CNY/mu 13,000 13,000 FCG[2008]60 document

2 Resettlement subsidy CNY/mu

26,000 Land administration law— 26 times of past three years average production per mu

3 endowment Insurance for urbanized

CNY/mu 10,400 10,400 80% of land compensation

4 Crops compensation CNY/mu 1,200 1,200

II. Standard for temporary land acquisition

1 Garden field paddy land dry land CNY/mu 1500 Consultant with Fengjie government 2 Forest land and others CNY/mu 900 Consultant with Fengjie government

. Compensation for land attachments

Brick-concrete 300 500 1 House

Brick-wood CNY /m2

255 450 FJFF[2008]60 document and Negotiation

Bar stone 34---50 45 Flagstone 24---40 30 Brick 28---44 35

2 Enclosure wall

Soil wall

CNY /m3

4---6 5

No compensation for collectively Retaining wall and house stone corner

Flagstone 7 10 3 Dam field

Concrete CNY /m2

10 20 4 Sty Unit 300 500

All the sty are Brick-wood

Flagstone Unit 500 500 Concrete Unit 280 300 5 Well

Driven well Unit 800 1200

Well: Only compensation by volume

Single 600 600 6 Grave

Double

Unit

800 800

More than 9 600 600 7

Power poles (length /meters ) Less than 9

Unit

400 400 Town level and below

more than 5cm Unit 15 8

Fruit trees ( Branch perimeter) more less 5cm Unit 60

More than 50cm Unit 15 55

Within 30-50cm Unit 10 35

Within 15-35cm Unit 6 20 9

Miscellaneous Trees (Perimeter)

Less than 15cm Unit No compensation

Branch 1.2 meters above the earth

Demolition subsidy Less than 3 CNY /household 500 500 4 CNY /household 600 600 5 CNY /household 700 700

1 Moving house subsidy (person/family)

6 CNY /household 800 800

FJFF[2008]60 document 3 persons and below family one-off subsidy CNY500, and one more person 100 added, no more than CNY1000

2 Demolition transition subsidy CNY /person 600 600 One-off for persons 3 Relocation subsidy CNY / person 200 500 One-off for persons


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5.4 Compensation Eligibility and Entitlement Matrix

60. For the APs who lost land, crops and income sources, they will be compensated or relocated based on types and lost amounts (permanent or temporary), as long as their land is within the final detailed measured range at the time of approval of demolition and resettlement plan or they will be definitely being affected during construction period. The cut-off date of compensation eligibility is set to as the time when the compensation and resettlement plan is approved by FCG. Compensation will not be made for buildings built later, tress and crops planted later for more compensation. The compensation entitlement matrix of the component is presented in the Table 5-2 for implementing RP. The matrix includes losses of all types in the component (such as land and grounding attachments); measures, regulations and standards demonstrated in this Chapter are summarized.

Table 5-2. Compensation Entitlement Matrix

Type Purpose Entitled units or persons Compensation Policies Implementation

measures

a. 11 villages

The village committees will be responsible for deciding use of funds and activities with input funds, such as small business development/training and suggestions and assistance for APs; the high-rank leading agencies will approve matters concerned and supervise development plans at village level; relocation and training plans should be provided if necessary.

Production land

permanently acquired

Production land within road limitation scope

b. Land-acquired peasants 1262 HHs (5086APs) 166 APs to be urbanized

The land loss farmers who cannot be urbanized will compensated for lost lands which includes land compensation fee and resettlement subsidy at the rate of CNY 39,000 per mu of for farm land and CNY 19,500 per mu for non-farmland. For APs who will be urbanized will get an additional compensation of CNY 10,400 per mu to pay for endowment insurance. Compensation for crops and attachments will be paid to affected people directly (see table 5.1)

a. 11 villages

Lost of residential

ground

Affected residential ground within road limitation scope

b. House owners – 113 HHs and 450 APs

Village collective will provide house plots to APs at 30 sqm per person.

Village: the PMO and the village committee will help to find residential lot for newly-built houses with infrastructures or provide recommended new residential communities in the city.

House owners 113 HHs and 450 APs

Compensation in cash should be made based on resettlement rate for all houses: the compensation for brick-concrete structure is CNY 500/m2, the compensation for brick-wood structure is CNY 450/m2, The moving subsidy, demolition subsidy and relocation subsidy will be paid to APs (See table 5.1)

Lost of buildings/hous

es + attachments

Houses within road limitation scope

Compensation for grounding attachments: CNY 28/m3 for well, CNY 7/m2 for yard (stone slab), CNY 7/m2 for cement and CNY 30/piece for ring shed – see table 5.1

Village: villagers’ meeting should be convened to discuss deployment of new residential lot according to special planning of the village.


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Type Purpose Entitled units or persons Compensation Policies Implementation

measures

Lost of grounding

attachments

Facilities on the ground (trees and wire poles)

Individuals with property right of attachments

Compensation in cash: CNY 30/tree for fruit trees, CNY 15/tree for timber forests, CNY 600/piece for wire poles and CNY 600/set for graves – See table 5.1

Notice should be issued one month prior to land acquisition.

The local people’s government will compensate their lost of land and property and other assistances. Social insurances will be provided for them

The vulnerable

The impoverished, the disabled and the households enjoying five guarantees affected by the component

18 households

Labor forces and transportation assistance will be provided for their relocation.

The Fengjie County Administration of Labor and Social Security, the Civil Affairs Bureau, the Women’s Federation and the implementation agency have reached an agreement that they will actively participate in recovery of APs’ livelihood and income.

Livelihood rehabilitation and income restoration

Households affected by Project (land loss)

All affected Households (1262 HHs and 5086 APs)

-- basic endowment insurance for urbanized APs; -- FDG provides skill training for APs -- FDG employment bureau will provide enough job opportunities to the APs.

FCG will supervise APs income rehabilitation and to facilitate the transfer of APs to be urbanized and training/ employment programs


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6. Housing Relocation and Resettlement

6.1 Objectives of Demolition and Resettlement 61. The specific resettlement target in this component is prepared as follows.

(1) To minimize the range of influence of involuntary resettlement by optimizing project design.

(2)The resettlement of relocated persons is part of the component, which requires sufficient funds to ensure the interests of APs.

(3) Provide support for relocated persons during relocation and resettlement.

(4) The resettled persons will integrate into a new group economically and socially.

(5) To encourage the relocated persons to make proactive preparations and implement RP. Their opinions shall be respected in the RP.

(6) The production capability and living standards of relocated persons shall restore to the conditions prior to component implementation as soon as possible (within one year).

6.2 Relocation and Resettlement 6.2.1 Resettlement Options 62. There are 113 households to be relocated in the component. According to Methods of Compensation for Land Acquisition and Resettlement in Fengjie County, for this project, two kinds of resettlements for affected villagers, i.e. money resettlement, and constructing a new house by AP themselves with housing plots allocated by government. For the relocated households choosing monetary resettlement, the resettled households sign contract with the FCG LBR and the housing resettlement money will be paid in one time; for those choosing housing resettlement, they are resettled as per 30m2 per person taking household as the unit.

6.2.2 Relocation and Resettlement of Affected Households 63. The RP preparation agency conducted a survey at the village level in June 2009. The suggestions for resettlement of the affected villages are as follows. The village/residents’ committee should coordinate during the whole process: respect of the choice of relocated households; try to select the housing plot with convenient transport and good water resource and plus the consideration of resettling village/resident committee and population centers; when village/residents’ committee and relocated households reach into agreement, planning and house construction shall be implemented according to uniformed local rural house construction standard.

64. Based on above-mentioned households’ surveys and village surveys, the relocated households shall build houses with the unified planning and coordination at village level. The implementation agency will give compensation of CNY500/m2 for brick-concrete structure houses, CNY 450/m2 for brick-wood structure houses. And attachment compensation and relocation subsidy will be paid to the affected households. The implementation agency and village community will select housing sites within the local village group for affected households for house construction (the housing sites shall be selected with the consideration of the will of the relocated households, taking the transport, water, electricity and others into account). The implementation agency will bear the fee for purchasing housing sites, housing costs, mapping fee involved in ground leveling, road and utilities. The new living standard of the APs will be higher than that prior with the compensation standards of the project.


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6.2.3 Compatibility Analysis of Resettlement Site 65. The survey results show that most of the people would like to build houses within the original village group. Therefore, there is no barrier of customs or languages differences to resettlement.

6.2.4 Special Concern 66. During the new house construction and relocation, attention should be paid to the relocated households. And the component implementation agency and local government should arrange personnel to provide non-cash assistance such as transportation for those vulnerable groups wherever necessary, and the component implementation agency should bear the cost.


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7 Income Rehabilitation Plan

7.1 Objectives and Principle of Resettlement 67. Based on the evaluation on component impact at this stage as well as the survey result of current production and living standard of affected residents, the objectives of resettlement are as follows.

(1) The per capita annual net income of relocated households will be restored to the level prior to resettlement;

(2) The production and living standards of affected households will be improved. (3) The infrastructure, education, medical care, social welfare and natural

environment will be equivalent to or better than that prior to resettlement. Enrolment rate for children of school age and basic medical coverage will be kept the same as before.

68. The principles of land acquisition, compensation and resettlement plan of the component are as follows.

� The RP is based on the indices in kind, relevant national laws and regulations and policies and relevant policies and regulations of Fengjie County.

� The resettlement shall be integrated with local construction, resource development, economic development and environmental protection. Practical measures shall be prepared based on reality to suit local conditions in order to restore the production and living of APs. Necessary conditions shall be created for self-development of APs.

� Planning shall be prepared based on the principle of favorable production and convenient living.

� Consider comprehensively and give overall consideration. Handle the relationship between the state, collective and individual correctly.

� Take advantage of local resources in Fengjie County. Make efforts to explore the channel for employment and income increasing. Seek for the way of sustainable development after land acquisition.

7.2 Income Loss Assessment 69. Totally 11 villages out of 4 townships are affected by the component. According to the survey, there is no land acquisition of 4 villages of Dawo, Goujia, Zhubai, and Hongyang. The other 7 villages affected by the land acquisition and the loss per capita are within CNY24-CNY131, and the average loss of the component per capita is CNY24. See details in table 7-1.

Table 7-1. Income loss assessment of APs

Township Village Affected households

APspersons

Landacquisitioned

(mu)

Landacquisitioned

Percapita(mu)

Incomelossper

capitaCNY

Ganzi 8 32 2.8 0.09 131 Ouying 191 850 20.3 0.02 36 Caotang

Linzheng 84 292 12.05 0.04 62 Daya 113 438 6.87 0.02 24 Jiutai 44 147 2.48 0.02 25 Hongtu

Taiyang 228 912 17.05 0.02 28 Dawo 65 223 0.00 0 Goujia 215 955 0.00 0 Zhubai 27 139 0.00 0 Qinglong

Hongyang 83 329 0.00 0


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Township Village Affected households

APspersons

Landacquisitioned

(mu)

Landacquisitioned

Percapita(mu)

Incomelossper

capitaCNY

Tuxiang Yanzi 204 770 18.3 0.02 36 Total 1262 5087 79.85 0.02 24

7.3 Income Rehabilitation Planning 7.3.1 Arrangement for Endowment Insurance of Urbanized People

Number of persons to be urbanized in the component 70. According to relevant laws and regulations and based on the comments from affected townships and village groups, the number of peasants to be urbanized shall be calculated as: (total area of land acquisitioned+50% of total area of non-cultivated land) divided by cultivated land per capita in the component villages, and then the integer number is the result. According to this, there are 166 APs to be urbanized after land acquisition. See Table 7-2 for details.

Table 7-2. Arrangement for Urbanized People

Village Farm land

acquisitioned (mu)

Non-farm land

acquisitioned (mu)

Farm land per capita

(mu) Urbanized Persons

Township

(4)=[(1)+(2)*0.5]/(3) Ganzi 2.8 0.38 1.11 3

Ouying 20.3 7.76 1.21 20 Caotang Linzheng 12.05 14.42 0.91 22

Daya 6.87 4.40 1.05 9 Jiutai 2.48 3.26 0.95 5 Hongtu

Taiyang 17.05 4.16 1.00 20 Dawo 28.20 0.79 18 Goujia 6.20 0.87 4 Zhubai 5.08 0.85 3 Qinglong

Hongyang 18.82 0.89 11 Tuxiang Yanzi 18.3 52.00 0.87 51

Total 79.85 144.68 0.92 166

Arrangement for insurance of urbanized people 71. Besides the above-mentioned compensation, additional compensation of CNY10, 400 per mu of the total acquired land will be paid for the insurance of urbanized people, which will be transferred through the land resource administrative department to the labor and social security department.

72. APs will be informed and consultation will be carried out to inform them about the endowment insurance scheme, their contribution-sum) and also how much they can earn after they attain the age of 60 years, to ensure they can make informed choices on the compensation and rehabilitation options.

73. For persons of 16 or older to be urbanized shall pay for the 50% of the total premium of the basic endowment insurance (another 50% will be subsidized by the government). It is likely that the urbanized people have to pay some of the 50% from their pocket if their land acquired is less than per capita farmland of the village group (which means the compensation will not be enough for the insurance). It also depends on the ages of the urbanized people. People with different ages should pay different amount of money for their insurance. For example, people aged 70 will pay CNY7, 500 while a woman aged 55(or a man aged 60) CNY 20,500. And if the


33

land acquired is no less than per capita farmland, the compensation will be enough for the insurance and no need for the urbanized people to pay from their pocket. Our investigation found that people planned to be urbanized are willing to pay some from their pocket for the insurance.

74. Based on the discussion with village leaders and representatives of affected farmers, who will become urban residents should be determined by the amount of acquired land area of households. Most farmers thought it is preferable for old people of their family or people younger than 16 years old to become urban residents. For people younger than 16 years old, they will receive the full resettlement subsidy. For the old, once the one-time payment for the endowment insurance is made, an amount of pension (CNY500 /month; for the aged 70-75, CNY550 /month; and for the aged 75 and over, CNY600 /month; in 2009) will be paid from the month following the one when the land compensation and resettlement plan is approved legally. Thus, those urbanized persons will have premium of at least CNY6,000 a year, which is much higher than the income from land. Thus, after becoming urban residents, the living standard of those aged will be improved dramatically.

7.3.2 Arrangement for un-urbanized Affected Farmers 75. There are some rural residents who are affected by land acquisition but cannot become urban residents. For the un-urbanized farmers, they can use their land compensation to develop their farming and animal feeding. They can also apply for micro-credit for the economic activities. Affected farmers can use subsidy or loan to develop farming, animal feeding or small stores. Based on the consultations with local villagers, the cost and annual income of selected income generation activities are illustrated (See table 7-3).

Table 7-3. Cost and Annual Income for Economic Activities (CNY)

Input (CNY) Output CNYActivates Unit Initial

inputIntermediate

inputs laborTotalcost Gross

incomeNet

incomePig

farming Head 200 600 500 1400 2000 600

Fruit Mu 800 600 1000 2400 4500 2100 Tea Mu 1500 500 1200 3200 5000 1800

Shop (village level) 3000 20000 10000 32500 32000 2000

Small shops Shop

(township level)

5000 35000 12000 52000 45000 3000

Note: The Initial inputs include cost of piglets, young fruit trees, young seeding cultivation, and store building while intermediate inputs include costs of fertilizers, feeding stuff, cost of goods, etc. 7.3.3 Skill Training for APs 76. Sampled questionnaire survey results show that 108 out of 284 respondents expressed that they hoped to participate in labor skill training, accounting for 38% of the total respondents, most of whom are male under the age of 45.

77. In order to improve APs’ production and living standards after land acquisition, villagers will be encouraged to take part in skill training arranged by Fengjie government and efforts made to explore employment opportunities other than agricultural production in the Project. According to the FCG [2008] No. 60 document, efforts will be made to establish and perfect the employment service system for the urbanized labor due to land loss. The urbanized APs will have the priority to attend government organized skill training and to enjoy the preferential policies of employment.

78. The local government will conduct technical training for villagers every year during the project period. All villagers have chances to accept those kinds of trainings. Table 7-4 lists the major regular training activities organized by local government agencies with the costs covered by fiscal fund from various levels of government.


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Table 7-4. Training Provide by Local Governments

Bureau/institution Training Activities Number of APs to be trained

Animal Husbandry Bureau

Free training on pig breeding for farmers who breed the pigs more than hundred—farmers breeding 100-1000 pigs receive the training in the town/ townships, usually once (one day) with CNY30 subsidy; farmers breeding 1000 pigs receive the training in the County, usually once lasting a week with CNY550 subsidy.

All farmers who breed 100-1000 pigs.

Agriculture Bureau 7 days’ free training on rural labor force through training schools. All aged 18-50 can receive CNY420 subsidy per person; 20 days’ free training on starting business for farmers with CNY 2,500 subsidy per person; Practical technical training (cropping, sericulture, animal husbandry, agricultural machinery use, pest control).

Every year there will be 500-1,000 people could receive training in the project area.

Forestry Bureau 2-3 times free technical training every year for the sericulturist in the project area with average CNY100 subsidy per person.

All farmers if they want

Employment Agency

1) A free training to the migrant workers who already obtain the job in the County corporations. 2) Free pre-job training to the migrant workers. 3) Free training on starting business for the returning migrant workers. 4) Free training to rural labor force.

Every year there will be 400-500 people in the project area receiving the training

Poverty alleviation office(PAO)

1) Production technical training on pig breeding and sericulture to the villagers. There are a lunch subsidies and free materials for villagers. 2) Skills Training: Normally, this is semi-annual training (5 months’ training, 1 month’s practice) conducted in the County Vocational Education Center which will recommend jobs for trainees.

mainly poor labors in the poor villages and the labor force of poor households in non-poor villages

Women’s Federation

Practical technical free training to the villagers on pig breeding, chicken breeding and cropping.

All farmers if they want

79. There are policies issued by Fengjie County Employment Bureau which encourage enterprises to employ local farmers. That means for any enterprises, if the hiring rate of local farmers reached 30% of their total workers, they can receive a one-year preferential loan. And if enterprises employ urbanized APs after land acquisition will have some subsidies from the government. Private vocational institutions, having helped a farmer to find a job without any charges, will receive a government subsidy at the rate of CNY100 per employment. The county financial bureau will provide CNY2000 of subsidy per capita annually for enterprises that employ people with difficulties to get employed and subsidies of CNY5000 per capita annually for community public welfare organizations that hire the same.

80. During the project implementation, there will be some employment opportunities generated for local people. The road construction will need some physical labor force. After the project completion, some jobs will be created such as road maintenance at local village sections. The Fengjie County Road & Bridge Co. Ltd. will give the employment priority to the affected households to improve their incomes. Based on the planning, more than 100 unskilled positions will be provided with the average monthly income of CNY1, 000. The project implementation agency promise the 90% of the jobs will be given priority to the affected farmers.

81. Employment Agency in Fengjie County will provide free vocational registration and job opportunities for the affected farmers during the project period. Based on the present statistical data, the enterprises inside and outside of Fengjie County have already provided almost 5,500


35

jobs for local people to date. In 2008, under the guidance of the Employment Agency, more than 9,000 local farmers find jobs outside Fengjie County and nearly 6,000 farmers find job within the county. As long as the villagers are healthy, based on their willingness, they can be introduced to enterprises both located in and outside of the County, such as Sichuan, Chongqing, Hubei, Shanxi, and the employment base with the average monthly income of CNY1500. Thus, the annual income will be much higher than that from the land income if APs find off-farm jobs.

7.4 Resettlement of the Vulnerable Groups 82. In addition to above-mentioned resettlement polices such as to be urbanized and skill training and social security, there are corresponding assistance polices for the affected vulnerable persons by Fengjie County Bureau of Civil Affairs; the assistance standard is CNY 125 for household enjoying the five guarantees, the rural households with lowest survival support will be aided according to the cap between the per capita net income of last year. An extra of CNY 120 will be paid to the old above 80 years old enjoying lowest survival support, seriously ill persons who are bed-ridden for long time and class I and II disabled persons in one time.

7.5 Temporary Land Use and Restoration of Land Attachments 83. The project owner should, prior to the Project execution, consult about the compensation plan and sign the temporary land use agreement with each village committee. The temporary land use agreement need to be signed by the representative of the affected rural household and stamped by the village committee for confirmation and sent to the LBR of Fengjie County for approval and record-keeping. Only after the approval can the Project IA start to use the land but at the same time has to:

� Compensate for crops and land /building attachments;

� After the project, project IA should guarantee the reclamation of the temporary occupation of land until obtain the approval of the LBR of Fengjie County.

Temporary land use shall not exceed two years. At the end of the Project, the land will be reinstated according to its original function and supervised by LRB based on land administration rules. And for Temporary land can’t be reinstated or needn’t to (temporary roads for project can be convenient for farmers), project IA should pay the compensation as permanent land acquisition for this part of land.


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8 Resettlement Budget and Financial Plan

8.1 Resettlement Budget 84. The budget of the Project covers fees incurred in the process of land acquisition compensation and resettlement (See Table 8-1), including four parts: (1) compensation for land acquisition; (2) compensation for land attachments; (3) various taxes on land acquisition; (4) and other expenses related to land acquisition and resettlement. The total amount for land compensation and resettlement is CNY16.3399 million. Among the total budget, the total budget for land acquisition is CNY6.3541 million; the budget for land temporary occupation includes CNY 86,900 of young crop compensation; compensation for land or building attachments is around CNY3.363 million, and budget for demolition and resettlement is 0.6975 million; the taxed and expenses related to land acquisition (including cost of land cultivation, tax on acquisition of farmland, management cost of land acquisition, and land use fees for newly increased construction land) is about CNY4.7883 million; and the other expenses is CNY1.0501.

8.2 Source of Fund for Land Acquisition and Resettlement 85. The fund for land acquisition and resettlement will be raised by the Finance Bureau of Fengjie County.

8.3 Payment and Application of Fund 86. Fund flow and management supervision are briefed in the figure 8-1. The relocation office will distribute the land compensation and resettlement subsidies to all units through designated banks. The Fengjie Development and Reform Commission and the ADB PMO shall conduct necessary monitoring for the application of fund to prevent misappropriation of fund.

Figure 8-1. Fund flow

Villages/ Communities

Fengjie County & ADB Management Office

80% of land compensation sum and 50% of basic pension sum

for township enterprise employees which come from the project resettlement allowance

and should be paid by employees.

Affected households and persons

Collective property

Labor and Social Security Bureau

Compensation for standing crops and attachments, 20% of land acquisition compensation

and resettlement subsidy


37

Table 8-1 Budget for Land Acquisition, Compensation and Resettlement

No Item Rate Unit Amount Total A Compensation for land loss 10501480 I Permanent land acquisition 6354085

1 Land compensation and resettlement subsidy fee for farmland 39000 mu 79.85 3114150

2 Land compensation and resettlement subsidy fee for non-farmland 19500

mu 118.65 2313675

3 Compensation for urbanized people’s insurance 10400

mu 79.85 830440

4 Young crop compensation 1200 mu 79.85 95820 II Temporarily land occupation mu 86940 1 Young crop compensation 1500 mu 55.8 83700

2 Non–farmland temporarily occupation compensation 900 mu 3.6 3240

Compensation for Attachments 3362955 Brick-concrete 500 m2 1870 935000

1 House

Brick-wood 450 m2 4362 1962900 2 Dam field 20 m2 720 2 Sty 500 Unit 95 47500

Single 600 Unit 10 6000 6

Grave Double 800 Unit 0 0

8 Power poles 600 Unit Unit 6000 D�5cm 15 Unit 527 7905

10 Fruit tree

5cm<D 60 Unit 380 22800 15cm� �35cm 20 Unit 1080 21600 35cm< �50cm 35 Unit 5300 185500

11

Miscellaneous Trees

50cm� 55 Unit 3050 167750 Resettlement compensation 697500

3 500 Household 35 17500 4 600 Household 46 27600

1

Moving house subsidy (person/family) 5 700 Household 32 22400

2 Demolition transition subsidy 900 Person 450 405000 3 Resettlement subsidy 500 Person 450 225000 B Tax and fee 4788317

Implementation management fee 6% of A 630089 Land acquisition management fee 4% of A 420059 Land reclamation fee 10000 mu 135.65 1356500 New construction land use fees paid 6670 mu 79.85 532600 Farm land occupation tax 6670 mu 79.85 532600 Forest vegetation restoration fee 6670 mu 118.65 791396 Resettlement plan external testing costs 6% of A 525074

C Contingency 10% of A 1050148 D Total A+B+C 16339945


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9 Organizational Arrangement

9.1 Executing Organization 87. Fengjie County ADB Project Leading Group consists of Fengjie County PMO which will conduct specific work of project management including the contact with ADB on behalf of Fengjie County People’s Government. This office is staffed by seven officers from the county development and reform commission, transportation bureau, finance bureau and environment bureau.

9.2 Implementation Agency for Resettlement 88. Fengjie county PMO and IA will have at least two full-time staff responsible for land acquisition and resettlement, and take the responsibility for coordinating the planning, implementation, financing, and monitoring of land acquisition and resettlement. The resettlement institution is Fengjie County Road & Bridge Co. Ltd., as the Project Implementation Unit (PIU) whose responsibility includes implementing the project and executing and coordinating land acquisition and structure demolition with due authorization of the county government. Fengjie County Road & Bridge Co. Ltd will found a land acquisition directorate to carry out land acquisition in collaboration with the County LRB and transportation bureau. Each affected township government and village committee will designate special-duty personnel to coordinate work with the directorate. The directorate will be responsible for implementing all land acquisition and carry out the economic rehabilitation planning with the township governments and village committees. See figure 9-1 for a chart of the organizational arrangement.

Figure 9-1. Organizational Arrangement for Resettlement

9.3 Staffing 89. Following the above described organizational arrangement, the agencies and units involved have designated a relevant leader to run their affairs in the Office. See Table 9-1 for basic information of staffing.

Fengjie ADB PMO

External independent monitoring

and assessment

unit

Fengjie County ADB Project Leading Group

Land Acquisition and Demolition Office composed of Fengjie County Road & Bridge Corporation and Fengjie County Integrated

Land Acquisition Management Office

Township coordinator


39

Table 9-1. Basic Information of Staffing

Department Responsibilities Person in charge Position Telephone

Director Fengjie County Development and

Reform Commission

Conduct general coordination on behalf of Fengjie ADB funded Project Li Pinxiong Director of ADB

PMO 13896227766

Responsible for coordination at the preliminary stage Coordinate with implementation agency for component implementation

Fengjie County Development and

Reform Commission

report

Zhou Taiping Deputy director 13609456332

Consultation and direction of policies relating to land acquisition compensation

Fengjie County Administration of Land, Resources

and Housing Work instruction

Luo Ning Deputy Director General 56551211

Fengjie County Transport Bureau

Responsible for coordination at the preliminary stage, coordinating with the implementation agency to carry out component implementation and report

Cai Shunbing Deputy Director General 13908266398

Fengjie County Transport Bureau

Responsible for coordination at the preliminary stage Xu Guoping Section chief 13638297789

Fengjie County Integrated Land

Acquistion Management

Office

Responsible for land demolition Xiang Zong Director 13896339158

Fengjie County Road & Bridge

Corporation

The component implementation agency, component implementation Li Xiangdong Deputy

manager 13628426988

Caotang Town Government

Solve preliminary issues such as land acquisition by coordination Wang Dayin Director of rural

road office 02356720188

Ganzi Village Committee

Solve preliminary issues such as land acquisition by coordination Gong Kaiming Secretary 02356726178

Ouying Village Committee

Solve preliminary issues such as land acquisition by coordination Huang Xingjun Secretary 13896842395

Linzheng Village Committee

Solve preliminary issues such as land acquisition by coordination Zhu Baoguo Secretary 13452774128

Hongtu Township Government

Solve preliminary issues such as land acquisition by coordination Chen Yukui Township

governor 13388917979

Daya Village Committee

Solve preliminary issues such as land acquisition by coordination Tian Donglin Secretary 13996944738

Jiutai Village Committee

Solve preliminary issues such as land acquisition by coordination Kuang Houjiu Secretary 13996901858

Taiyang Village Committee

Solve preliminary issues such as land acquisition by coordination Zhang Youguo Secretary 13896890597

Qinglong Town Government

Solve preliminary issues such as land acquisition by coordination Chang Shihua Town governor 02356802023

Dawong Village Committee

Solve preliminary issues such as land acquisition by coordination Wen Feng Secretary 13635370668

Goujia Village Committee

Solve preliminary issues such as land acquisition by coordination Tu Mingfang Secretary 13101053763

Zhubo Village Committee

Solve preliminary issues such as land acquisition by coordination Zeng Kunhui Secretary 13635368398

Hongyang Village Committee

Solve preliminary issues such as land acquisition by coordination Wang Kaipei Secretary 13436271618

Tuxiang Town Government

Solve preliminary issues such as land acquisition by coordination Su Faping

Chairman of town people’s

congress 02356781738

Yanzi Village Committee

Solve preliminary issues such as land acquisition by coordination Tan Jun Secretary 13996980552


40

9.4 Division of Responsibilities

9.4.1 Fengjie County ADB PMO 90. The office coordinates work at the preliminary stage of the project and collaborates with the project owner in project implementation and reporting.

9.4.2 Land Acquisition and Demolition Office 1) Measure and verify the quantity of land, houses, attachments and infrastructure;

2) Determine the rate of compensation and resettlement plan in consultation with the affected persons;

3) Sign land acquisition and resettlement agreements with the organizations and individuals involved;

4) Pay compensation money to the affected persons;

5) Carry out land acquisition and resettlement and ensure the work progresses in a timely smooth manner;

6) Supervise and check the payment and use of the compensation money;

7) Monitor the implementation of the resettlement plan in the townships and villages involved;

8) Report to the county ADB project office at regular intervals on how the affected persons are resettled and provide the related statistics/data.

9.5 Measures to Strengthen Personnel Training and Agency Capacity

91. The resettlement staff shall be adequately qualified for doing work on resettlement. To ensure resettlement carried out smoothly, the resettlement workers shall be trained and field surveys should be made before land acquisition and resettlement.

92. Chongqing municipal ADB project office conducted training of the resettlement staff twice in March to May 2009 on such subjects as the relevant policies of the ADB, domestic laws and regulations concerning land acquisition and compensation and the theory, method and requirements of socioeconomic survey.

93. The county project office will continue to train the resettlement workers for this project on subjects such as ADB’s security assurance policies, national, municipal and county laws and regulations on land acquisition and compensation and its management in order to improve their working capability.

94. The resettlement office should establish a sound system for releasing information on land acquisition and compensation and use computers to manage data about land acquisition and resettlement and set up a mechanism to report to the municipal and county project offices and project owner periodically (normally once a month) to strengthen information feedback and free exchange of information in both top-down and bottom-up channels.


41

10 Implementation of Plan

10.1 Timetable for Land Acquisition and Resettlement

95. The Land acquisition and resettlement include the following five major steps: Stage 1: Preparation and review of resettlement plan Stage2: Land measuring and statistics of tangible qualities and updating of

resettlement report Stage 3: Signing of land acquisition agreement and payment of compensation Stage 4: Capability building Stage 5: Monitoring and evaluation

96. This component starts from May 2009 to December 2013, including the writing of report, the verification of project planning and internal and external monitor. See table 10-1 and figure 10-1 for the resettlement implementation schedule.

Table 10-1. List of Resettlement Implementation Schedule

No. Resettlement task Objectives Responsible agency Deadline

1 Announcement 1.1 Information brochure 1329

copies PMO

2009.11 1.2 distribute RP to affected village 11 copies PMO 2009.12 1.3 put the RP on ADB website ADB 2010.1 2 Detailed measurement and survey (DMS) 2.1 Update RP based on DMS and assess the

family land and loss of income

2010.4 2.2 Update RP based on DMS and distribute to

affected village 11 copies

Administration of Land, Resources and Housing/demolition implementation agency/affected village 2010.4

3 Detailed Restoration Plan 3.1 Assistance to the disadvantaged PMO/affected village 2010.9 3.2 Skill training plan for APs 100APs PMO/affected village 2010.9 4 RP and budget 4.1 complete red line survey (map) PMO 2010.2 4.2 Approval of RP and budget Fengjie County People’s

Government 2010.1 4.3 Approval of compensation rate Fengjie County People’s

Government 2010.1 4.4 Stake out survey line PMO/Administration of Land,

Resources and Housing 2010.6 5 Compensation agreement 5.1 Village/community committee agreement 11 villages 2011.5 5.2 Family agreement 1329

households

Administration of Land, Resources and Housing/demolition implementation agency 2011.5

6 Implementation capability 6.1 Resettlement personnel of county Implementation agency 2010.1 6.2 Appointed village representative Implementation agency 2010.1 6.3 Personnel training Implementation agency 2010.4 7 Supervision and assessment 7.1 Baseline survey 10%ofAPs External monitoring 2010.5 7.2 Establish internal monitoring as per RP PMO 2010.5 7.3 Entrust external monitoring as per RP PMO 2010.4 7.4 Internal monitoring report Regularly PMO 2010.5 7.5 External monitoring report half a year External monitoring 2011.12 7.6 Assessment report (follow-up survey) annually External monitoring 2011.12 7.7 Completion of resettlement report External monitoring/PMO 2011.12 8 Consultation paper as per RP 2011.12 9 Complaint reporting document as required

Land acquisition and demolition implementation agency 2011.12

10 Fund flow/compensation 10.1 administrative/implementation agency PMO 2010.12


42

No. Resettlement task Objectives Responsible agency Deadline

10.2 PMO-resettlement unit or non-government resettlement implementation

PMO 2010.12

10.3 to affected households 1329APs 2011.5 11 Start of resettlement 11.1 Land acquisition 198.5 mu 2011.5 11.2 House demolition 7047m2

Administration of Land, Resources and Housing/demolition implementation agency 2011.5

Res

ettle

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Roa

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Mun

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- 43

-

Figu

re 1

0-1.

Res

ettle

men

t Im

plem

enta

tion

Sche

dule

2009

20

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2011

20

12

2013

Mon

th

Mon

th

Qua

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Q

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ion

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qing

Mun

icip

ality

- 44

-

2009

20

10

2011

20

12

2013

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th

Mon

th

Qua

rter

Q

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er

Qua

rter

St

age

Task

5 6

7 8

9 10

11

12

1

2 3

4 5

6 7

8 9

10

11

12

1 2

3 4

1 2

3 4

1 2

3 4

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h m

onito

ring

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l mon

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val o

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g

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reha

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n m

onito

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g an

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tion

Ext

erna

l mon

itorin

g


45

11 Monitoring and Assessment

97. According to the “Regulations on Construction Supervision” issued by the Ministry of Construction of the PRC in 1995, construction projects must be supervised. The ADB also requires that resettlement arising from loaned construction projects be monitored and evaluated. To ensure land acquisition and resettlement are carried out completely as planned, the process is subject to monitoring both internally and externally during the construction period of the project. Apart from the “external monitoring” that is carried out once every half a year, the ADB also requires the project be subject to mid-term overall review and project completion review.

11.1 Internal Monitoring

98. The internal monitoring of land acquisition and resettlement is conducted by county steering group. And the The general aim of internal monitoring is to ensure resettlement is carried out in accordance with the approved plan. The specific purpose of internal monitoring includes:

(1) Checking how the millstone work is completed during land acquisition;

(2) Ensuring the channel of exchange and consultation between the project executor and affected people is established and kept unblocked;

(3) Ensuring compensation is paid fully to the affected people in a timely manner;

(4) Ensuring complaints raised by the affected people are handled in the specified time limit;

(5) Ensuring the land and resettlement compensation is paid to the affected people in strict accordance to the relevant law and regulations and corruption is eradicated;

99. The land acquisition directorate of the company assumes fully responsibility for internal monitoring and should establish an internal monitoring office to ensure land acquisition and resettlement are conducted according to the plan in a timely manner to project the interests of the affected persons.

11.2 External Monitoring and Evaluation

11.2.1 Goals and responsibilities 100. Independent monitoring and evaluation of land acquisition and resettlement is mainly carried out by an independent external monitoring agency. The scope of independent monitoring includes:

� Functions of the resettlement institution;

� Progress of land acquisition and compensation;

� Survey and analysis of livelihood of the affected people.

101. The independent external agency checks, on an overall and long-term point of view, how land acquisition and resettlement are carried out and tracks the resettlement activities to determine whether they conform to the related national laws and ADB’s policies, whether the living standard of the affected people is improved or at least not lower than it was when there was no such a project. The independent monitoring agency will make suggestions to the project executor on solutions to the problems discovered in the monitoring process.

102. The project executor, Fengjie County Road & Bridge Co., Ltd. will employ an independent external monitoring agency to monitor and evaluate implementation of the project and the agency will form a team of experts highly experienced in social work and land acquisition and resettlement.

103. The independent monitoring agency will, on a regular basis, track, monitor and evaluate the resettlement process on matters such as progress, quality and fund and put forward


46

suggestions and track and monitor the rehabilitating of income and living standard of the affected persons and submit a monitoring and evaluation report to the municipal ADB project office and ADB.

11.2.2 Major factors for monitoring and evaluation 104. These include the following:

� Socioeconomic indicators: per-capita income, GDP, employment rate;

� Institutional indicators: staff, competence of staff members, rules and regulations, equipment and work efficiency;

� Impact of permanent land acquisition: availability of compensation fund, livelihood resettlement, rate of variations in economic income, employment rate and satisfaction with resettlement;

� Infrastructure: availability of compensation fund and rate of function restoration.

11.2.3 Monitoring and evaluation methodology 105. Methodologically, monitoring and evaluation will be conducted taking account with the following aspects:

(1) Developing the monitoring and evaluation program;

(2) Establishing a database for monitoring and evaluation;

(3) Preparing survey program, survey form and record form of information about the affected households and villages;

(4) Designing the survey plan;

(5) Sample rate: 10% of the households affected by permanent land acquisition;

(6) Basic survey (finished);

(7) Survey for monitoring and evaluation; � Local socioeconomic survey: to get information on socioeconomic development in

the project area; � Executing agency monitoring: to get information on the work competency and

efficiency of the land acquisition agency; � Monitoring of typical permanent households affected by permanent land acquisition:

to get information on the availability of compensation fund, livelihood resettlement, rate of variations in economic income, employment rate and satisfaction with resettlement;

� Infrastructure: to monitor the payment of compensation fund, restoration of public facilities and progress of reconstruction;

� Public consultation and information disclosure: monitoring of the public participation during the preparation and implement of the resettlement plan and evaluate the effect of public participation and information disclosure;

� Complaints and grievances: to monitor the mechanism of handling complaints and grievances, and its operating efficiency;

� Monitoring and evaluation report. 106. Internal monitoring and evaluation report should be quarterly submitted to PMO by project implementation institution, while external monitoring and evaluation report should be submitted semiannually to ADB during resettlement and yearly after resettlement till the income of the affected farmers are restored.


47

Appendix 1. Resettlement Information Brochure (RIB)

Resettlement Information Brochure (Name of the AP)

The ADB-funded Chongqing Fengjie County urban-rural integrated infrastructure construction project is a major part of construction of ADB-funded Chongqing Urban-rural Integration Development and Reform Pilot Projects; and the construction will bring certain impact on your family (units). This Brochure is to make you know the basic information of this component, impact of this component on you, compensation standard and resettlement method of this component, and the channel of complaints of resettlement dissatisfaction etc.

1. General The rural road component of Chongqing Fengjie County Urban-rural Integrated

Infrastructure Construction Demonstration Project includes four roads (Caotang Town road, Hongtu Township road, Tugao road and Daxing road), with a total length of 90.685km. The total investment is CNY 120, 653, 400, including 50% of ADB loans and 50% of domestic supporting funds, which is raised by the People’s Government of Fengjie. The basic goal of this RP is to ensure the persons whose land and properties are unavoidably affected may obtain adequate assistance so that their life will be recovered and improved in a short time and at least reach the living standard “absence of the component”.

2. Affected Areas of the Component and Affected Quantities The ADB-funded Fengjie County urban-rural integrated road component area involves 4

townships and towns, which are Caotang Town, Hongtu Township, Qinglong Town and Tuxiang Town.

The land permanently acquired of the component is 198.5mu, including 79.85 mu cultivated land; 1,329 households including 5,347 persons will be affected; 113 households will be relocated and the area of relocated houses is 7,047m2. The land temporarily acquired is 86.1 mu, including 31.44 mu cultivated land; 280 households including 1,022 persons will be affected; enterprises and shops will not be involved.

3. Compensation Rate


ofFengjie County

Standard of project executive

Remarks

I. Standard for permanent land acquisition

1 Land compensation CNY/mu 13,000 13,000 FCG[2008]60 document

2 Resettlement subsidy CNY/mu

26,000 Land administration law— 26 times of past three years average production per mu

3 endowment Insurance for urbanized

CNY/mu 10,400 10,400 80% of land compensation

4 Crops compensation CNY/mu 1,200 1,200

II. Standard for temporary land acquisition

1 Garden field paddy land dry land CNY/mu 1500 Consultant with Fengjie government 2 Forest land and others CNY/mu 900 Consultant with Fengjie government

. Compensation for land attachments

1 House Brick-concrete CNY /m2 300 500 FCG[2008]60 document and


48


ofFengjie County

Standard of project executive

Remarks

Brick-wood 255 450 Negotiation

Bar stone 34---50 45 Flagstone 24---40 30 Brick 28---44 35

2 Enclosure wall

Soil wall

CNY /m3

4---6 5

No compensation for collectively Retaining wall and house stone corner

Flagstone 7 10 3 Dam field

Concrete CNY /m2

10 20 4 Sty Unit 300 500

All the sty are Brick-wood

Flagstone Unit 500 500 Concrete Unit 280 300 5 Well

Driven well Unit 800 1200

Well: Only compensation by volume

Single 600 600 6 Grave

Double

Unit

800 800

More than 9 600 600 7

Power poles (length /meters ) Less than 9

Unit

400 400 Town level and below

more than 5cm Unit 15 8

Fruit trees ( Branch perimeter) more less 5cm Unit 60

More than 50cm Unit 15 55

Within 30-50cm Unit 10 35

Within 15-35cm Unit 6 20 9

Miscellaneous Trees (Perimeter)

Less than 15cm Unit No compensation

Branch 1.2 meters above the earth

Demolition subsidy Less than 3 CNY /household 500 500 4 CNY /household 600 600 5 CNY /household 700 700

1 Moving house subsidy (person/family)

6 CNY /household 800 800

FCG[2008]60 document 3 persons and below family one-off subsidy CNY500, and one more person 100 added, no more than CNY1000

2 Demolition transition subsidy CNY /person 600 600 One-off for persons 3 Relocate subsidy CNY / person 200 500 One-off for persons

Res

ettle

men

t Pla

n fo

r the

AD

B-f

unde

d U

rban

-rur

al In

tegr

ated

Roa

d C

ompo

nent

in F

engj

ie C

ount

y, C

hong

qing

Mun

icip

ality

- 49

-

4. Im

plem

enta

tion

Sche

dule

of t

he C

ompo

nent

2009

20

10

2011

20

12

2013

Mon

th

Mon

th

Qua

rter

Q

uart

er

Qua

rter

St

age

Task

5 6

7 8

9 10

11

12

1

2 3

4 5

6 7

8 9

10

11

12

1 2

3 4

1 2

3 4

1 2

3 4

Info

rmat

ion

disc

losu

re

Prep

arat

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and

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ew o

f the

re

settl

emen

t rep

ort

Info

rmat

ion

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Dis

tribu

te fi

nal R

P to

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PM

O/a

ffect

ed v

illage

Prep

arat

ion

and

revi

ew o

f th

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t re

port

The

RP

is p

ublis

hed

on th

e A

DB

web

site

D

etai

led

mea

sure

men

t and

su

rvey

Fini

sh re

d lin

e su

rvey

Pre

para

tions

at t

he

prel

imin

ary

stag

e of

the

com

pone

nt. M

ainl

y en

gage

in

surv

ey a

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proc

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d bi

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vita

tion.

Pr

epar

e an

d di

strib

ute

the

draf

t on

com

men

ts o

f lan

d ac

quis

ition

and

rese

ttlem

ent

to v

illage

co

mm

ittee

/resi

dent

’s

com

mitt

ee

Upd

ate

the

RP

bas

ed o

n th

e de

taile

d su

rvey

A

cqui

sitio

n pl

an o

f lan

d of

vi

llage

gro

up

RP

and

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et

Land

m

easu

rem

ent

and

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k of

ph

ysic

al

quan

tity;

up

date

of

rese

ttlem

ent

repo

rt

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and

bud

get i

s re

view

ed

Sign

ing

of la

nd

Com

pens

atio

n ag

reem

ent

Res

ettle

men

t Pla

n fo

r the

AD

B-f

unde

d U

rban

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al In

tegr

ated

Roa

d C

ompo

nent

in F

engj

ie C

ount

y, C

hong

qing

Mun

icip

ality

- 50

-

2009

20

10

2011

20

12

2013

Mon

th

Mon

th

Qua

rter

Q

uart

er

Qua

rter

St

age

Task

5 6

7 8

9 10

11

12

1

2 3

4 5

6 7

8 9

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12

1 2

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1 2

3 4

1 2

3 4

Land

acq

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tion

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emen

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n ca

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app

rova

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pdat

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Mon

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alua

tion

Exte

rnal

mon

itorin

g


- 51 -

5. Rights and Obligations of the APs (1) Rights of APs The APs may obtain compensation deserved in strict accordance with the above-mentioned

compensation rate, submit comments and suggestions to the management office of land acquisition, relocation and resettlement and the village committee; specific contents include the base of the compensation amount, compensation rate and payment schedule of compensation. The resettlement administration office must respond to the complaints of the APs and the questions according to the complaint mechanism within the stipulated time.

(2) Obligation of the APs The APs shall actively cooperate with the land acquisition of the ADB-funded road

component in Fengjie County.

6. Complaint Procedure The RP is to implement general planning on land acquisition, relocation and resettlement

based on the whole affected area of the component. Complaints on land acquisition and relocation may be caused due to change of actual situations and deviation of operation during implementation. If the APs are not satisfied with any aspect (such as compensation) of the compensation arrangement of the resettlement agency or consider the compensation is not fair or unreasonable, they can seek solutions through the complaint and correction procedures. The specific procedures are as follows:

Contact Person:- (Will be filled up when these booklets are distributed) Name:

Address:

Phone No:

Stage 1: if the APs are not satisfied with the resettlement plan, they can put forward oral or written complaints to the village committee; if it is oral complaints, the village committee shall handle the complaints and keep written records within two weeks.

Stage 2: if the APs are not satisfied with the handling result in stage 1, they can put forward complaints to the town government upon receipt of the handling result which shall handle the complaints within two weeks.

Stage 3: if the APs are not satisfied with the handling result of the town government, they can put forward complaints to the Fengjie County Administration of Land, Resources and Housing in accordance with relevant laws and regulations of Chongqing Municipality upon receipt of the handling result which shall handle the complaints within 30 days.

Stage 4: if the APs are not satisfied with the handling results of the Fengjie County Administration of Land, Resources and Housing, they can apply for administrative reconsideration to Fengjie County People's Government or lodge an administrative action to the People’s Court in accordance with the Administrative Procedure Law within 3 months.

Documents

PRC: Chonqging Urban-Rural Infrastructure Development ... · PRC: Chonqging Urban-Rural Infrastructure Development Demonstration Project Road Reconstruction Component in Fengjie County